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Simple Consulting Services Agreement for New Zealand

Simple Consulting Services Agreement Template for New Zealand

A comprehensive yet straightforward agreement template designed for consulting arrangements in New Zealand, compliant with local commercial law and business practices. This document establishes the essential terms and conditions for consulting services, including scope of work, payment terms, intellectual property rights, and confidentiality provisions. It incorporates key requirements under New Zealand law, including GST considerations and Privacy Act 2020 compliance, while maintaining flexibility to adapt to various consulting scenarios and industry requirements.

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What is a Simple Consulting Services Agreement?

This Simple Consulting Services Agreement is designed for use in New Zealand business environments where professional consulting services are being engaged. It provides a balanced framework for both consultants and clients, incorporating essential provisions required under New Zealand law while remaining adaptable to various industry contexts. The agreement is particularly suitable for professional service arrangements where a consultant or consulting firm provides specific expertise or services to a client organization. It includes all necessary elements for compliance with New Zealand commercial law, including the Contract and Commercial Law Act 2017, Fair Trading Act 1986, and Privacy Act 2020. This template is designed to be comprehensive enough to protect both parties' interests while remaining straightforward and easy to understand.

What sections should be included in a Simple Consulting Services Agreement?

1. Parties: Identifies and provides full legal details of the parties entering into the agreement

2. Background: Sets out the context and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Scope of Services: Clearly outlines the consulting services to be provided

5. Term: Specifies the duration of the agreement, including start date and any renewal provisions

6. Fees and Payment: Details the fee structure, payment terms, and invoicing requirements including GST provisions

7. Obligations of the Consultant: Sets out the consultant's key responsibilities and service standards

8. Obligations of the Client: Defines the client's responsibilities and commitments

9. Intellectual Property: Addresses ownership and usage rights of any IP created during the engagement

10. Confidentiality: Establishes confidentiality obligations for both parties

11. Liability and Indemnity: Defines liability limits and indemnification obligations

12. Termination: Specifies how the agreement can be terminated and the consequences of termination

13. General Provisions: Includes standard boilerplate clauses such as notices, governing law, and entire agreement

What sections are optional to include in a Simple Consulting Services Agreement?

1. Insurance: Required when specific insurance coverage needs to be maintained by the consultant

2. Non-Competition: Include when the client wants to restrict the consultant from working with competitors

3. Non-Solicitation: Used when parties wish to prevent poaching of staff or clients

4. Data Protection: Required when the services involve significant personal data handling

5. Force Majeure: Include when parties want specific provisions for handling unforeseen circumstances

6. Service Levels: Required when specific performance metrics need to be maintained

7. Compliance with Laws: Include when services are in regulated industries or involve specific compliance requirements

8. Dispute Resolution: Used when parties want to specify detailed dispute resolution procedures beyond standard court proceedings

What schedules should be included in a Simple Consulting Services Agreement?

1. Schedule 1: Services Description: Detailed description of the consulting services to be provided

2. Schedule 2: Fee Schedule: Detailed breakdown of fees, rates, and payment terms

3. Schedule 3: Key Personnel: Lists key personnel who will be providing the services

4. Schedule 4: Service Levels: Specific performance metrics and service level requirements if applicable

5. Appendix A: Required Forms: Standard forms used in service delivery such as timesheets or report templates

6. Appendix B: Client Policies: Relevant client policies that the consultant must comply with

Authors

Alex Denne

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

Jurisdiction

New Zealand

Publisher

Ƶ

Cost

Free to use

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