The General Service Agreement serves as a fundamental legal instrument in New Zealand business operations, designed to formalize service relationships between providers and clients. This document is essential when engaging external service providers or establishing inter-company service arrangements, ensuring clear definition of services, responsibilities, and commercial terms. It incorporates provisions compliant with New Zealand legislation, including the Contract and Commercial Law Act 2017 and Fair Trading Act 1986, making it suitable for both business-to-business and business-to-consumer service arrangements. The agreement is structured to protect both parties' interests while providing flexibility to accommodate various service types and industry-specific requirements.
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1. Parties: Identifies and provides full legal details of all parties to the agreement
2. Background: Explains 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. Term and Commencement: Specifies when the agreement starts and its duration
6. Fees and Payment: Details of service fees, payment terms, expenses, and GST treatment
7. Obligations of Service Provider: Key responsibilities and commitments of the service provider
8. Client Obligations: Responsibilities and commitments required from the client
9. Intellectual Property: Ownership and rights regarding any IP created or used during service delivery
10. Confidentiality: Obligations regarding confidential information protection and handling
11. Liability and Indemnity: Limits of liability and indemnification obligations of both parties
12. Termination: Circumstances and process for ending the agreement
13. General Provisions: Standard legal clauses including notices, assignment, and governing law
1. Performance Standards: Specific KPIs or service levels, used when quantifiable performance metrics are required
2. Insurance: Insurance requirements, typically included for high-risk or high-value services
3. Data Protection: Detailed privacy and data handling obligations, required when personal information is processed
4. Force Majeure: Provisions for unforeseen circumstances, important for long-term or critical services
5. Non-Solicitation: Prevents poaching of staff/clients, relevant for professional services
6. Dispute Resolution: Specific dispute handling procedures, useful for complex or high-value services
7. Compliance with Laws: Specific regulatory compliance obligations, needed for regulated industries
8. Business Continuity: Disaster recovery and service continuation requirements, for critical services
1. Schedule 1 - Service Description: Detailed specifications of services, methodologies, and deliverables
2. Schedule 2 - Fees and Charges: Detailed pricing structure, rates, and payment terms
3. Schedule 3 - Service Levels: Specific performance metrics, measurement methods, and remedies
4. Schedule 4 - Key Personnel: Details of key staff members assigned to provide the services
5. Schedule 5 - Client Requirements: Specific client policies, procedures, or requirements to be followed
6. Appendix A - Change Request Form: Template for requesting and documenting changes to services
7. Appendix B - Report Ƶ: Standard formats for required service reports and documentation
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