This Indemnity Service Agreement template is designed for use in commercial relationships where one party provides professional services while offering specific indemnification commitments to the other party. It is particularly relevant in high-risk or specialized service contexts where clear risk allocation is essential. The document, governed by New Zealand law, incorporates comprehensive service delivery terms alongside detailed indemnification provisions, insurance requirements, and claim procedures. This type of agreement is commonly used in professional services, technical implementations, or consulting arrangements where the service provider needs to protect the client against specific risks or losses that might arise from the service delivery. The agreement ensures compliance with New Zealand's Contract and Commercial Law Act 2017 and other relevant legislation while providing a robust framework for both service delivery and risk management.
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1. Parties: Identifies and defines the parties to the agreement, including their legal status and contact details
2. Background: Sets out the context and purpose of the agreement, including the general nature of services to be provided
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. Term and Commencement: Specifies the duration of the agreement and when it becomes effective
5. Services: Details the specific services to be provided, including scope and delivery standards
6. Payment Terms: Outlines fees, payment schedule, and invoicing procedures
7. Indemnity: Specifies the scope of indemnification, including triggers, exclusions, and claim procedures
8. Insurance: Details required insurance coverage to support indemnity obligations
9. Confidentiality: Establishes obligations regarding confidential information handling
10. Termination: Sets out circumstances and procedures for ending the agreement
11. General Provisions: Contains standard boilerplate clauses including governing law, notices, and assignment
1. Service Levels: Include when specific performance metrics and standards need to be measured and maintained
2. Intellectual Property: Include when services involve creation or use of intellectual property
3. Data Protection: Include when personal data processing is part of the services
4. Force Majeure: Include when parties want specific provisions for handling unforeseen circumstances
5. Non-Competition: Include when there are concerns about competitive activities
6. Dispute Resolution: Include when parties want specific dispute resolution procedures beyond court litigation
7. Step-In Rights: Include when the indemnified party needs the right to take over services in certain circumstances
8. Subcontracting: Include when the service provider may need to engage subcontractors
1. Schedule 1 - Service Specification: Detailed description of services, including methodologies and deliverables
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule 3 - Service Levels: Specific performance metrics, measurement methods, and remedies
4. Schedule 4 - Insurance Requirements: Detailed insurance requirements including types, amounts, and conditions
5. Schedule 5 - Key Personnel: Lists key personnel involved in service delivery and their roles
6. Appendix A - Notice Details: Contact details and procedures for formal notices
7. Appendix B - Form of Change Order: Template for documenting changes to services or terms
8. Appendix C - Claim Procedures: Detailed procedures for making and handling indemnity claims
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