The General Contract For Services is essential for businesses operating in New Zealand that engage external service providers or offer services to clients. This document type is commonly used when establishing professional service relationships that don't constitute employment arrangements. It provides a structured framework compliant with New Zealand law, including necessary provisions for service delivery, payment terms, and risk allocation. The contract is particularly valuable for protecting both parties' interests while ensuring clarity in service expectations and deliverables. It incorporates requirements from relevant New Zealand legislation such as the Contract and Commercial Law Act 2017, Fair Trading Act 1986, and Consumer Guarantees Act 1993, making it suitable for various business contexts while maintaining legal compliance.
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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
3. Definitions and Interpretation: Defines key terms and establishes interpretation rules
4. Term and Appointment: Specifies the duration of the agreement and formal appointment of the service provider
5. Services: Outlines the core services to be provided and service standards
6. Fees and Payment: Details the fee structure, payment terms, and invoicing requirements
7. Obligations of Service Provider: Lists key responsibilities and commitments of the service provider
8. Obligations of Client: Specifies client's responsibilities and commitments
9. Intellectual Property: Addresses ownership and usage rights of IP created during service provision
10. Confidentiality: Defines confidential information and protection requirements
11. Liability and Indemnity: Sets out liability limitations and indemnification obligations
12. Termination: Specifies termination rights and processes
13. General Provisions: Includes standard legal clauses like governing law, notices, and assignment
1. Performance Standards: Include when specific KPIs or service levels need to be monitored and maintained
2. Insurance: Include when specific insurance requirements need to be maintained by either party
3. Health and Safety: Include when services involve on-site work or specific safety considerations
4. Data Protection: Include when services involve handling personal or sensitive data
5. Dispute Resolution: Include when specific dispute resolution procedures beyond standard court proceedings are required
6. Force Majeure: Include when protection against unforeseen events is particularly important
7. Non-Solicitation: Include when there's risk of staff or client poaching
8. Transition Assistance: Include when complex service handover might be required at termination
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 performance metrics and service level requirements
4. Schedule 4 - Key Personnel: Details of key staff members assigned to provide the services
5. Schedule 5 - Insurance Requirements: Specific insurance types and coverage levels required
6. Appendix A - Change Request Form: Template for requesting and documenting changes to services
7. Appendix B - Report Templates: Standard templates for required service reports
Relevant legal definitions
Agreement
Services
Commencement Date
Term
Service Fees
Confidential Information
Intellectual Property
Intellectual Property Rights
Deliverables
Business Day
Force Majeure Event
GST
Key Personnel
Material Breach
Personnel
Related Company
Representatives
Service Levels
Specifications
Variation
Working Hours
Client Materials
Completion Date
Dispute
Good Industry Practice
Insolvency Event
Loss
Notice
Project
Schedule
Service Location
Special Terms
Subcontractor
Term Sheet
Termination Date
Third Party
Background IP
Change Request
Commercially Reasonable Efforts
Compliance Requirements
Defect
Emergency
Service Provider Systems
Client Systems
Moral Rights
Payment Terms
Performance Standards
Records
Response Time
Services
Commencement Date
Term
Service Fees
Confidential Information
Intellectual Property
Intellectual Property Rights
Deliverables
Business Day
Force Majeure Event
GST
Key Personnel
Material Breach
Personnel
Related Company
Representatives
Service Levels
Specifications
Variation
Working Hours
Client Materials
Completion Date
Dispute
Good Industry Practice
Insolvency Event
Loss
Notice
Project
Schedule
Service Location
Special Terms
Subcontractor
Term Sheet
Termination Date
Third Party
Background IP
Change Request
Commercially Reasonable Efforts
Compliance Requirements
Defect
Emergency
Service Provider Systems
Client Systems
Moral Rights
Payment Terms
Performance Standards
Records
Response Time
Clauses
Interpretation
Appointment
Term
Services
Service Standards
Fees and Payment
GST
Invoicing
Performance Standards
Key Personnel
Subcontracting
Client Obligations
Service Provider Obligations
Reporting
Record Keeping
Intellectual Property
Confidentiality
Privacy
Data Protection
Health and Safety
Insurance
Liability
Indemnity
Force Majeure
Termination
Consequences of Termination
Dispute Resolution
Variation
Assignment
Non-Solicitation
Notices
Relationship of Parties
Entire Agreement
Severability
Governing Law
Warranties
Compliance with Laws
Business Continuity
Audit Rights
Change Control
Appointment
Term
Services
Service Standards
Fees and Payment
GST
Invoicing
Performance Standards
Key Personnel
Subcontracting
Client Obligations
Service Provider Obligations
Reporting
Record Keeping
Intellectual Property
Confidentiality
Privacy
Data Protection
Health and Safety
Insurance
Liability
Indemnity
Force Majeure
Termination
Consequences of Termination
Dispute Resolution
Variation
Assignment
Non-Solicitation
Notices
Relationship of Parties
Entire Agreement
Severability
Governing Law
Warranties
Compliance with Laws
Business Continuity
Audit Rights
Change Control
Relevant Industries
Professional Services
Information Technology
Construction
Business Consulting
Marketing and Advertising
Financial Services
Healthcare
Education and Training
Engineering
Property Services
Creative Industries
Maintenance Services
Environmental Services
Transportation and Logistics
Relevant Teams
Legal
Procurement
Operations
Commercial
Risk and Compliance
Business Development
Contract Administration
Project Management Office
Finance
Executive Leadership
Relevant Roles
Legal Counsel
Contract Manager
Procurement Manager
Business Development Manager
Operations Manager
Project Manager
Commercial Manager
Risk Manager
Compliance Officer
Chief Operating Officer
General Manager
Managing Director
Business Owner
Director of Services
Head of Operations
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