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Master Service Agreement for New Zealand

Master Service Agreement Template for New Zealand

A comprehensive commercial agreement governed by New Zealand law that establishes the fundamental terms and conditions under which a service provider will deliver services to a customer over time. This agreement serves as an umbrella framework for future specific service arrangements, incorporating key provisions required under New Zealand legislation including the Contract and Commercial Law Act 2017, Fair Trading Act 1986, and Privacy Act 2020. It provides flexibility for multiple service engagements while ensuring consistent governance, risk management, and commercial terms across the service relationship.

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What is a Master Service Agreement?

This Master Service Agreement template is designed for use in New Zealand business contexts where parties intend to establish a long-term service delivery relationship. It provides a comprehensive framework for managing service delivery, risk allocation, and commercial terms, while allowing flexibility through subsequent statements of work. The agreement incorporates requirements specific to New Zealand law and commercial practice, including provisions addressing GST, privacy obligations under the Privacy Act 2020, and fair trading requirements. This type of agreement is particularly valuable for ongoing service relationships where multiple service engagements are anticipated, as it streamlines contracting processes and ensures consistency in fundamental terms while allowing for service-specific variations through individual statements of work.

What sections should be included in a Master Service Agreement?

1. Parties: Identifies and provides full legal details of all parties to the agreement

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 Renewal: Specifies the initial term of the agreement and any renewal mechanisms

5. Services Framework: Establishes the framework for service delivery and mechanism for adding specific services through Statements of Work

6. Payment Terms: Details pricing structure, invoicing procedures, payment terms, and handling of expenses

7. Performance Standards: Sets out service levels, quality standards, and performance measurement criteria

8. Governance and Reporting: Establishes oversight mechanisms, reporting requirements, and meeting cadence

9. Intellectual Property Rights: Addresses ownership and licensing of pre-existing and newly created IP

10. Confidentiality: Defines confidential information and establishes protection obligations

11. Data Protection and Privacy: Sets out obligations regarding personal data handling and privacy compliance

12. Liability and Indemnification: Specifies liability limitations and indemnification obligations

13. Termination: Details termination rights, processes, and consequences

14. General Provisions: Includes standard boilerplate clauses such as notices, assignment, and governing law

What sections are optional to include in a Master Service Agreement?

1. Insurance: Required when services involve significant risks or regulatory requirements mandate specific insurance coverage

2. Business Continuity: Important for critical services or when regulatory compliance requires disaster recovery planning

3. Security Requirements: Necessary when services involve IT systems, data handling, or physical security considerations

4. Personnel Requirements: Include when specific qualifications, clearances, or personnel commitments are crucial

5. Audit Rights: Important when regulatory compliance or service verification needs require audit provisions

6. Export Control: Required when services involve international data transfers or technology exports

7. Anti-Bribery and Corruption: Important for international services or when dealing with government entities

8. Environmental Compliance: Relevant when services have environmental impacts or sustainability requirements

What schedules should be included in a Master Service Agreement?

1. Schedule 1: Service Descriptions: Detailed description of base services included in the MSA

2. Schedule 2: Pricing and Rate Card: Standard rates, pricing models, and payment terms

3. Schedule 3: Service Levels: Detailed service level requirements and measurement criteria

4. Schedule 4: Governance Framework: Detailed governance structure, roles, and responsibilities

5. Schedule 5: Template Statement of Work: Standard template for creating specific statements of work

6. Schedule 6: Change Control Procedure: Process for managing changes to services or agreement terms

7. Schedule 7: Security Requirements: Detailed security protocols and requirements

8. Schedule 8: Exit Management: Detailed transition out and service termination procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

New Zealand

Publisher

Ƶ

Document Type

Service Agreement

Cost

Free to use
Relevant legal definitions









































Clauses









































Relevant Industries

Information Technology

Professional Services

Consulting

Manufacturing

Agriculture

Financial Services

Healthcare

Telecommunications

Energy

Transportation and Logistics

Education

Construction

Mining and Resources

Retail

Relevant Teams

Legal

Procurement

Operations

Finance

Risk and Compliance

Commercial

Business Development

Service Delivery

Account Management

Project Management

Executive Leadership

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Operating Officer

General Counsel

Commercial Director

Procurement Manager

Contract Manager

Legal Counsel

Operations Manager

Project Manager

Risk Manager

Compliance Officer

Service Delivery Manager

Account Manager

Business Development Manager

Finance Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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