The Terms of Service Agreement serves as the primary legal framework governing the relationship between service providers and users in New Zealand. This essential document is typically used when launching or operating any digital service, online platform, or business service that involves user interaction or subscription-based offerings. The agreement must comply with New Zealand legislation, including the Consumer Guarantees Act 1993, Fair Trading Act 1986, and Privacy Act 2020, while clearly articulating service terms, user rights and obligations, data handling practices, and liability limitations. It should be regularly reviewed and updated to reflect changes in services, business operations, or legal requirements.
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1. Parties: Identifies the service provider and defines the user/customer
2. Background: Brief context about the service and purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement
4. Service Description: Detailed description of the services provided
5. User Obligations: User responsibilities and acceptable use policies
6. Registration and Account Security: Requirements for account creation and maintenance
7. Intellectual Property Rights: Ownership and usage rights of content and services
8. Privacy and Data Protection: How user data is collected, used, and protected in compliance with the Privacy Act 2020
9. Payment Terms: Pricing, payment methods, and billing procedures
10. Term and Termination: Duration of agreement and termination conditions
11. Limitation of Liability: Limits on service provider's liability in compliance with NZ law
12. Disclaimers: Service provider disclaimers and warranties
13. Dispute Resolution: Process for handling disputes under NZ jurisdiction
14. General Provisions: Standard legal provisions including governing law and amendments
1. Age Restrictions: Required if service has age limitations or child protection considerations
2. User Content: Required if users can submit, post, or share content
3. API Terms: Required if providing API access to services
4. Third-Party Services: Required if the service integrates with third-party platforms
5. Electronic Communications: Required if specific consent for electronic communications is needed
6. Geographic Restrictions: Required if service availability varies by location
7. Beta Services: Required if offering beta or trial features
8. Service Level Agreement: Required for business/enterprise services with uptime guarantees
1. Schedule 1 - Pricing Schedule: Detailed pricing tiers and payment terms
2. Schedule 2 - Acceptable Use Policy: Detailed rules and restrictions for service use
3. Schedule 3 - Data Processing Agreement: Detailed terms for handling personal data
4. Schedule 4 - Service Level Metrics: Detailed performance metrics and service standards
5. Appendix A - Technical Requirements: Technical specifications and requirements for service use
6. Appendix B - Support Services: Details of available support services and response times
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