The Billing Agent Agreement is essential for organizations in New Zealand that outsource their billing and collection functions to specialized service providers. This document is used when a company (the Principal) wants to appoint another entity (the Billing Agent) to handle its billing operations, customer payments, and related services. The agreement ensures compliance with New Zealand regulations, including the Contract and Commercial Law Act 2017, Privacy Act 2020, and AML/CFT requirements. It outlines the agent's authority to collect payments, manage customer accounts, and perform related administrative tasks while protecting both parties' interests and maintaining regulatory compliance. The document is particularly relevant in sectors with high transaction volumes or complex billing requirements, where specialized billing expertise is needed.
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1. Parties: Identifies and provides details of the Principal and the Billing Agent
2. Background: Explains the context of the agreement and the parties' intentions
3. Definitions: Defines key terms used throughout the agreement
4. Appointment and Scope: Formally establishes the billing agent's appointment and outlines the authorized services
5. Agent's Obligations: Details the responsibilities and duties of the billing agent
6. Principal's Obligations: Outlines the responsibilities and duties of the principal
7. Fees and Payment Terms: Specifies the agent's compensation and payment arrangements
8. Compliance Requirements: Sets out regulatory compliance obligations including AML/CFT and privacy requirements
9. Reporting and Accounting: Details the reporting requirements and accounting procedures
10. Term and Termination: Specifies the duration of the agreement and termination provisions
11. Confidentiality: Addresses the handling of confidential information
12. Liability and Indemnification: Outlines liability limitations and indemnification obligations
13. General Provisions: Contains standard boilerplate clauses including governing law, notices, and assignment
1. Sub-agents: Include when the billing agent may need to appoint sub-agents
2. Intellectual Property: Include when proprietary systems or software are involved in the billing process
3. Insurance: Include when specific insurance requirements need to be maintained
4. Service Levels: Include when specific performance metrics need to be maintained
5. Data Protection: Include detailed privacy provisions when handling sensitive personal data
6. Business Continuity: Include when service continuity is critical
7. Dispute Resolution: Include when specific dispute resolution procedures are required
8. Territory Restrictions: Include when the agent's services are limited to specific geographic areas
1. Schedule 1 - Services Description: Detailed description of the billing services to be provided
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, charges, and commission structures
3. Schedule 3 - Service Levels: Performance metrics and service level requirements
4. Schedule 4 - Reporting Requirements: Ƶ and specifications for required reports
5. Schedule 5 - Approved Collection Methods: List of authorized payment collection methods and procedures
6. Schedule 6 - Contact Details: Key contact information for both parties
7. Appendix A - Operating Procedures: Detailed procedures for day-to-day operations
8. Appendix B - Compliance Checklist: Checklist of regulatory requirements and compliance procedures
Authors
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Utilities
Telecommunications
Healthcare
Insurance
Property Management
Professional Services
Education
Subscription Services
Technology Services
Relevant Teams
Finance
Legal
Operations
Compliance
Risk Management
Treasury
Accounts Receivable
Commercial
Customer Service
Information Technology
Relevant Roles
Chief Financial Officer
Finance Director
Accounts Receivable Manager
Revenue Manager
Billing Operations Manager
Compliance Officer
Legal Counsel
Commercial Manager
Operations Director
Treasury Manager
Contract Manager
Financial Controller
Collections Manager
Customer Service Manager
Risk Manager
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