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Standard Consulting Services Agreement Template for New Zealand

A comprehensive legal agreement governed by New Zealand law that establishes the terms and conditions for the provision of consulting services. This document defines the relationship between a consultant and client, outlining service scope, payment terms, intellectual property rights, confidentiality obligations, and liability provisions. It incorporates specific requirements of New Zealand business law, including GST considerations, privacy requirements under the Privacy Act 2020, and fair trading provisions, while ensuring flexibility to accommodate various consulting arrangements across different industries.

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What is a Standard Consulting Services Agreement?

The Standard Consulting Services Agreement serves as a foundational document for establishing professional consulting relationships in New Zealand. It is designed for use when engaging external consultants or consulting firms to provide specialized services across various industries. This agreement comprehensively addresses key aspects of the consulting relationship including service delivery, compensation, intellectual property rights, and confidentiality obligations, while ensuring compliance with New Zealand legislation such as the Contract and Commercial Law Act 2017, Fair Trading Act 1986, and Privacy Act 2020. The document is structured to protect both parties' interests and clearly define their respective obligations and rights throughout the consulting engagement.

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

1. Parties: Identifies and provides full legal details of the consultant and the client

2. Background: Sets out the context of the agreement and the parties' intentions

3. Definitions: Defines key terms used throughout the agreement

4. Appointment and Scope: Establishes the consultant's appointment and outlines the general nature of services

5. Consultant's Obligations: Details the consultant's duties, responsibilities, and standard of care

6. Client's Obligations: Outlines the client's responsibilities and commitments

7. Fees and Payment: Specifies payment terms, rates, expenses, and invoicing procedures

8. Term and Termination: Defines the agreement duration and circumstances for termination

9. Intellectual Property: Addresses ownership and usage rights of existing and created IP

10. Confidentiality: Establishes confidentiality obligations and permitted disclosures

11. Liability and Indemnity: Sets out liability limitations and indemnification provisions

12. Insurance: Specifies required insurance coverage and minimum limits

13. Dispute Resolution: Outlines the process for resolving disputes between parties

14. General Provisions: Contains standard boilerplate clauses including notices, assignment, and governing law

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

1. Non-Compete: Restricts consultant from competing activities - include when protecting client's market position is crucial

2. Non-Solicitation: Prevents poaching of employees/clients - include for high-level consulting roles

3. Data Protection: Detailed data handling requirements - include when personal data processing is involved

4. Force Majeure: Addresses unforeseeable circumstances - include for long-term or high-value contracts

5. Change Control: Process for managing scope changes - include for complex or long-term projects

6. Key Personnel: Identifies essential team members - include when specific expertise is crucial

7. Compliance with Laws: Specific regulatory compliance requirements - include for regulated industries

8. Security Requirements: IT/physical security measures - include when accessing sensitive systems/facilities

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

1. Schedule 1 - Services Description: Detailed scope of services, deliverables, and performance criteria

2. Schedule 2 - Fees and Payment Terms: Detailed fee structure, rates, payment schedule, and expenses policy

3. Schedule 3 - Service Levels: Performance standards, KPIs, and measurement criteria

4. Schedule 4 - Key Personnel: Details of key consultant team members and their roles

5. Schedule 5 - Client Materials and Requirements: List of materials, access, and support to be provided by client

6. Appendix A - Approved Subcontractors: List of pre-approved subcontractors if applicable

7. Appendix B - Compliance Requirements: Specific regulatory or industry compliance requirements

8. Appendix C - Change Request Template: Standard form for requesting and documenting scope changes

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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