The Client Agreement Contract serves as the primary legal instrument for establishing and governing professional service relationships in New Zealand. This document is essential when any business or individual provides professional services to clients, requiring a formal agreement that clearly defines the service scope, deliverables, and mutual obligations. It incorporates provisions compliant with New Zealand legislation, including the Contract and Commercial Law Act 2017, Fair Trading Act 1986, and Privacy Act 2020. The agreement is designed to protect both parties' interests while ensuring clarity in service delivery, payment terms, intellectual property rights, and dispute resolution procedures. It is particularly crucial for businesses providing ongoing services or handling sensitive client information, where clear terms and conditions are essential for risk management and operational clarity.
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1. Parties: Identifies and provides full legal details of the service provider and the client
2. Background: Sets out the context of the agreement and the general intent of the parties
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. Services: Detailed description of the services to be provided under the agreement
5. Service Provider's Obligations: Key responsibilities and commitments of the service provider
6. Client's Obligations: Key responsibilities and commitments of the client
7. Fees and Payment: Payment terms, fee structure, and billing procedures
8. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
9. Confidentiality: Obligations regarding confidential information protection
10. Privacy and Data Protection: Compliance with Privacy Act 2020 and handling of personal information
11. Intellectual Property: Ownership and rights related to intellectual property
12. Liability and Indemnity: Limitations of liability and indemnification provisions
13. Dispute Resolution: Process for resolving disputes between parties
14. General Provisions: Standard legal provisions including governing law, notices, and assignment
1. Service Levels: Include when specific performance metrics and standards need to be measured and maintained
2. Insurance: Include when specific insurance requirements need to be maintained by either party
3. Force Majeure: Include when need to address unforeseeable circumstances preventing fulfillment of obligations
4. Non-Solicitation: Include when protecting against hiring of staff or solicitation of clients is necessary
5. Change Control: Include when services may need modification during the contract term
6. Compliance with Laws: Include when specific regulatory compliance needs to be addressed
7. Business Continuity: Include when service continuity is critical to the client
8. Warranties: Include when specific warranties beyond standard services need to be provided
1. Schedule 1 - Services Description: Detailed breakdown of services to be provided
2. Schedule 2 - Fee Schedule: Detailed pricing, payment terms, and rate cards
3. Schedule 3 - Service Levels: Specific performance metrics and measurement criteria
4. Schedule 4 - Key Personnel: Details of key staff assigned to provide the services
5. Schedule 5 - Client Requirements: Specific client standards or requirements to be met
6. Appendix A - Change Request Form: Template for requesting and documenting changes to services
7. Appendix B - Security Requirements: Specific security protocols and requirements
8. Appendix C - Privacy Policy: Detailed privacy and data protection procedures
Authors
Relevant legal definitions
Clauses
Relevant Industries
Professional Services
Consulting
Information Technology
Financial Services
Legal Services
Business Services
Healthcare
Engineering
Marketing and Advertising
Education and Training
Real Estate
Construction
Manufacturing
Retail
Relevant Teams
Legal
Operations
Business Development
Sales
Client Services
Compliance
Risk Management
Commercial
Contract Administration
Project Management
Account Management
Relevant Roles
CEO
Managing Director
Legal Counsel
Contract Manager
Business Development Manager
Operations Manager
Project Manager
Account Manager
Sales Director
Compliance Officer
Risk Manager
Commercial Manager
General Manager
Client Services Manager
Department Head
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