The Digital Agency Agreement serves as the primary contractual document governing the relationship between digital service providers and their clients in New Zealand. This agreement is essential when businesses engage professional digital agencies to manage their online presence, digital marketing, website development, or social media activities. The document incorporates requirements from New Zealand's legal framework, including the Contract and Commercial Law Act 2017, Privacy Act 2020, and Fair Trading Act 1986. It provides comprehensive coverage of service scope, deliverables, intellectual property rights, data protection, performance metrics, and payment terms. The agreement is designed to protect both parties' interests while ensuring clarity in service delivery expectations and compliance with relevant digital commerce regulations.
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1. Parties: Identification of the Digital Agency and the Client, including their legal names, company numbers, and registered addresses
2. Background: Context of the agreement, brief description of the agency's business, and the client's requirements
3. Definitions: Detailed definitions of key terms used throughout the agreement, including technical and digital marketing terminology
4. Scope of Services: Detailed description of digital services to be provided, including but not limited to digital marketing, web development, content creation, and social media management
5. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination by either party
6. Fees and Payment: Pricing structure, payment terms, invoicing schedule, and late payment consequences
7. Client Obligations: Client's responsibilities, including provision of materials, approvals, and timely feedback
8. Agency Obligations: Agency's commitments, service levels, and performance standards
9. Intellectual Property Rights: Ownership and licensing of created content, pre-existing IP, and final deliverables
10. Confidentiality: Protection of confidential information and trade secrets for both parties
11. Data Protection and Privacy: Compliance with Privacy Act 2020 and data handling procedures
12. Warranties and Indemnities: Guarantees provided by both parties and protection against claims
13. Limitation of Liability: Caps on liability and excluded losses
14. General Provisions: Standard clauses including notices, assignment, governing law, and dispute resolution
1. Service Level Agreement: Detailed performance metrics and response times, recommended for larger projects or ongoing services
2. Third-Party Services: Terms relating to third-party tools, platforms or services used in delivery, needed when external services are integral to delivery
3. International Data Transfers: Provisions for cross-border data transfers, required when serving international clients or using overseas suppliers
4. Change Management: Process for managing changes to scope or services, recommended for complex or long-term engagements
5. Agency Team: Key personnel provisions and replacement procedures, useful for larger projects with dedicated teams
6. Success Metrics: KPIs and performance measurement criteria, recommended for performance-based contracts
7. Crisis Management: Procedures for handling social media or digital crises, important for social media management services
8. Content Approval Process: Detailed workflow for content approval, recommended for content creation services
1. Schedule 1: Services Description: Detailed breakdown of specific digital services to be provided
2. Schedule 2: Fee Schedule: Detailed pricing, including rate cards, project fees, and additional costs
3. Schedule 3: Service Levels: Specific performance metrics, response times, and service standards
4. Schedule 4: Technical Requirements: Technical specifications, platforms, and tools to be used
5. Schedule 5: Brand Guidelines: Client's branding requirements and guidelines
6. Appendix A: Project Timeline: Detailed project milestones and delivery dates
7. Appendix B: Approved Third-Party Tools: List of approved software, platforms, and tools
8. Appendix C: Key Personnel: Details of key team members and their roles
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