The Contract For Payment Of Services is a fundamental business document used in New Zealand to formalize service arrangements between providers and clients. This document is essential when establishing professional service relationships that involve regular or project-based payment structures. It is particularly relevant in situations where services are provided on an ongoing basis or for specific projects requiring clear definition of deliverables and payment terms. The agreement ensures compliance with New Zealand's legal framework, including the Contract and Commercial Law Act 2017 and Fair Trading Act 1986, while protecting both parties' interests through clear specification of services, payment terms, and mutual obligations. It is commonly used across various industries and can be customized to accommodate different service types, payment structures, and specific requirements of the engagement.
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1. Parties: Identifies and provides full legal details of all parties to the agreement
2. Background: Outlines the context and purpose of the agreement, including any relevant history or relationships
3. Definitions: Defines key terms used throughout the agreement for clarity and consistency
4. Services: Detailed description of the services to be provided, including scope and deliverables
5. Payment Terms: Specifies payment amounts, schedule, invoicing process, and payment methods
6. Service Provider's Obligations: Lists all obligations and responsibilities of the service provider
7. Client's Obligations: Details the client's responsibilities and obligations to enable service delivery
8. Term and Termination: Specifies the duration of the agreement and circumstances for termination
9. Confidentiality: Outlines obligations regarding confidential information handling
10. Intellectual Property: Addresses ownership and usage rights of any IP created or used
11. Liability and Indemnity: Sets out liability limitations and indemnification provisions
12. Dispute Resolution: Establishes the process for resolving any disputes
13. General Provisions: Includes standard boilerplate clauses like notices, assignment, and governing law
1. Performance Standards: Used when specific service levels or KPIs need to be maintained
2. Insurance: Required when specific insurance coverage needs to be maintained
3. Health and Safety: Necessary when services involve on-site work or physical activities
4. Subcontracting: Include when subcontracting needs to be addressed or regulated
5. Data Protection: Required when personal data processing is involved in service delivery
6. Force Majeure: Include when needed to address circumstances beyond parties' control
7. Non-Competition: Used when competitive restrictions are necessary
8. Transition Services: Include when handover provisions are needed at contract end
1. Schedule 1 - Service Specification: Detailed technical or operational specifications of the services
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment structures
3. Schedule 3 - Service Levels: Specific performance metrics and service level requirements
4. Schedule 4 - Key Personnel: Lists key staff members responsible for service delivery
5. Appendix A - Required Forms: Standard forms used for service requests, reports, or invoicing
6. Appendix B - Policies and Procedures: Relevant operational policies and procedures
Authors
Relevant legal definitions
Clauses
Relevant Industries
Professional Services
Information Technology
Consulting
Construction
Healthcare
Education
Financial Services
Marketing and Advertising
Legal Services
Engineering
Property Management
Business Services
Relevant Teams
Legal
Finance
Procurement
Operations
Commercial
Business Development
Accounts
Compliance
Contract Administration
Project Management
Relevant Roles
Contract Manager
Procurement Manager
Legal Counsel
Business Development Manager
Project Manager
Finance Manager
Operations Manager
Commercial Manager
Service Delivery Manager
Account Manager
Chief Financial Officer
Managing Director
HR Manager
Compliance Officer
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