The Supply Of Services Agreement is a vital commercial contract used in New Zealand business operations when one party wishes to engage another for the provision of specific services. This agreement is suitable for various service arrangements, from professional consultancy to technical services, and can be adapted for both business-to-business and business-to-consumer contexts. It ensures compliance with New Zealand law, including the Contract and Commercial Law Act 2017, Fair Trading Act 1986, and Consumer Guarantees Act 1993. The agreement typically includes detailed specifications of services, performance standards, payment terms, intellectual property rights, confidentiality obligations, and risk allocation provisions. It serves as a crucial tool for establishing clear expectations, minimizing disputes, and protecting both parties' interests throughout the service relationship.
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1. Parties: Identifies and provides full legal details of the service provider and the client
2. Background: Sets out the context and purpose of the agreement
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: Outlines the core services to be provided and service delivery requirements
6. Service Provider's Obligations: Details the key responsibilities and commitments of the service provider
7. Client's Obligations: Specifies the client's responsibilities and commitments
8. Fees and Payment: Details the fee structure, payment terms, and invoicing requirements
9. GST and Taxes: Addresses GST and other applicable tax obligations
10. Intellectual Property: Governs ownership and usage rights of intellectual property
11. Confidentiality: Protects confidential information of both parties
12. Privacy: Addresses handling of personal information in compliance with Privacy Act 2020
13. Liability and Indemnity: Sets out liability limitations and indemnification obligations
14. Termination: Specifies termination rights and processes
15. General Provisions: Contains standard boilerplate clauses including governing law, notices, and assignment
1. Performance Standards and KPIs: Include when specific performance metrics need to be met and measured
2. Service Credits: Include when financial penalties apply for service level failures
3. Change Control: Include for complex services where formal processes for changes are needed
4. Business Continuity and Disaster Recovery: Include for critical services requiring continued operation
5. Security Requirements: Include when services involve IT systems or sensitive information
6. Anti-Bribery and Corruption: Include for high-value contracts or when dealing with public sector
7. Insurance: Include when specific insurance coverage requirements exist
8. Transition and Exit: Include for complex services requiring handover arrangements
9. Subcontracting: Include when subcontracting needs to be specifically addressed
10. Force Majeure: Include when specific force majeure provisions are needed beyond standard provisions
1. Schedule 1 - Services Description: Detailed specification of services to be provided
2. Schedule 2 - Fees and Charges: Detailed breakdown of all fees, charges, and payment terms
3. Schedule 3 - Service Levels: Specific service levels and performance criteria
4. Schedule 4 - Key Personnel: Details of key staff members assigned to provide the services
5. Schedule 5 - Form of Change Request: Template for requesting and documenting changes to services
6. Schedule 6 - Security Requirements: Detailed security protocols and requirements
7. Schedule 7 - Implementation Plan: Timeline and milestones for service implementation
8. Appendix A - Approved Subcontractors: List of pre-approved subcontractors if applicable
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