The Contract Consultancy Services agreement is designed for use in New Zealand business environments where professional consulting services are being engaged. This document is essential when establishing formal consulting relationships, whether for individual consultants or consulting firms providing services to businesses or organizations. It is specifically drafted to comply with New Zealand legal requirements, including the Contract and Commercial Law Act 2017 and related legislation. The agreement covers crucial aspects such as scope of services, payment terms, intellectual property rights, confidentiality, and liability provisions, while maintaining flexibility to accommodate various consulting disciplines and industry sectors. This document is particularly valuable for protecting both parties' interests and ensuring clarity in professional service arrangements under New Zealand jurisdiction.
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1. Parties: Identifies and provides full legal details of the consultant and the client
2. Background: Sets out the context of the agreement and the parties' intentions
3. Definitions: Defines key terms used throughout the agreement
4. Scope of Services: Detailed description of the consultancy services to be provided
5. Term and Termination: Duration of the agreement and circumstances for termination
6. Fees and Payment: Compensation structure, payment terms, and expenses
7. Obligations of the Consultant: Key responsibilities and commitments of the consultant
8. Obligations of the Client: Key responsibilities and commitments of the client
9. Intellectual Property: Ownership and rights to work products and pre-existing IP
10. Confidentiality: Protection of confidential information and trade secrets
11. Liability and Indemnity: Limitation of liability and indemnification provisions
12. Insurance: Required insurance coverage and minimum limits
13. Relationship of Parties: Clarifies independent contractor status and non-employment relationship
14. General Provisions: Standard legal provisions including governing law, notices, and assignment
1. Non-Compete: Restrictions on competitive activities, used when consultant will have access to sensitive business information
2. Non-Solicitation: Prevents solicitation of employees/clients, used in high-level consulting arrangements
3. Data Protection: Specific provisions for handling personal data, required when processing personal information
4. Force Majeure: Provisions for unforeseen circumstances, important for long-term arrangements
5. Change Control: Process for managing changes to scope or deliverables, useful for complex projects
6. Warranties: Specific guarantees about service quality, used for specialized consulting services
7. Personnel: Requirements for specific individuals to perform services, used when key personnel are crucial
8. Compliance with Laws: Specific regulatory compliance requirements, needed for regulated industries
1. Schedule 1 - Services Description: Detailed scope of services, deliverables, and timelines
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment milestones
3. Schedule 3 - Service Levels: Performance standards and metrics for service delivery
4. Schedule 4 - Key Personnel: Details of key consultant personnel assigned to the project
5. Schedule 5 - Client Materials: List of materials and resources to be provided by the client
6. Appendix A - Project Timeline: Detailed project timeline and milestone dates
7. Appendix B - Required Insurance: Specific insurance requirements and coverage limits
8. Appendix C - Compliance Requirements: Specific regulatory or industry compliance requirements
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