The Terms and Conditions Service Agreement is a fundamental legal document used in New Zealand business operations to establish a clear framework for service provision. This document is essential when any business or individual provides professional services to clients or customers, whether in a B2B or B2C context. It serves as a comprehensive agreement that protects both parties' interests while ensuring compliance with New Zealand legislation, including the Contract and Commercial Law Act 2017 and Consumer Guarantees Act 1993. The agreement is particularly crucial in today's business environment where service relationships need to be clearly defined and legally protected. It should be regularly reviewed and updated to reflect changes in business operations, service offerings, or legal requirements.
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1. Parties: Identifies and defines the service provider and the customer/client
2. Background: Explains the context and purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement
4. Service Description: Detailed description of services provided under the agreement
5. Term and Commencement: Duration of the agreement and start date
6. Payment Terms: Fees, payment schedule, and payment methods
7. Service Provider Obligations: Key responsibilities and commitments of the service provider
8. Customer Obligations: Key responsibilities and commitments of the customer
9. Intellectual Property: Ownership and usage rights of intellectual property
10. Confidentiality: Protection and handling of confidential information
11. Data Protection and Privacy: Compliance with Privacy Act 2020 and data handling procedures
12. Liability and Indemnities: Limitations of liability and indemnification provisions
13. Termination: Conditions and process for ending the agreement
14. Dispute Resolution: Process for resolving disputes between parties
15. General Provisions: Standard legal provisions including governing law, notices, and assignment
1. Service Levels: Specific performance metrics and service level agreements - include when offering services with measurable performance standards
2. Change Management: Process for making changes to services or terms - include for long-term or complex service arrangements
3. Force Majeure: Provisions for unforeseeable circumstances - particularly relevant for critical services or those dependent on external factors
4. Insurance: Insurance requirements and coverage - include for high-risk services or where significant liability exists
5. Security Requirements: Specific security measures and compliance - include for services involving sensitive data or systems
6. Subcontracting: Terms for engaging subcontractors - include when service provider may need to subcontract work
7. Compliance with Laws: Specific regulatory compliance requirements - include for highly regulated industries
8. Business Continuity: Disaster recovery and business continuity provisions - include for critical services
9. Training and Support: Details of training and support services - include when offering ongoing support or training
1. Schedule 1 - Service Specifications: Detailed technical specifications of services
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule 3 - Service Levels and KPIs: Specific metrics and performance indicators
4. Schedule 4 - Support Services: Details of support services, response times, and escalation procedures
5. Appendix A - Data Processing Agreement: Specific terms for handling personal data in compliance with Privacy Act 2020
6. Appendix B - Security Standards: Detailed security requirements and standards
7. Appendix C - Change Request Form: Template for requesting and documenting changes to services
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