This Personal Services Contract template is designed for use in New Zealand when engaging independent contractors or consultants for professional services. It provides a comprehensive framework compliant with New Zealand law, including the Contract and Commercial Law Act 2017, Employment Relations Act 2000, and other relevant legislation. The document is essential for businesses and organizations seeking to properly structure independent contractor relationships, ensuring clear distinction from employment arrangements while addressing crucial elements such as service scope, payment terms, intellectual property rights, confidentiality, and liability allocation. It includes specific provisions for tax compliance, GST treatment, and dispute resolution mechanisms appropriate for the New Zealand jurisdiction.
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1. Parties: Identification of the service provider and the client, including full legal names and contact details
2. Background: Context of the agreement and confirmation of independent contractor status
3. Definitions: Key terms used throughout the agreement
4. Services: Detailed description of services to be provided and service standards
5. Term: Duration of the agreement, including start date and any renewal provisions
6. Payment Terms: Fees, invoicing process, payment timing, and GST treatment
7. Obligations of the Contractor: Key responsibilities, compliance requirements, and performance standards
8. Obligations of the Client: Client's responsibilities, including provision of information and resources
9. Relationship of Parties: Explicit confirmation of independent contractor status and not employment
10. Intellectual Property: Ownership and rights to work created during the service provision
11. Confidentiality: Protection of confidential information and trade secrets
12. Liability and Indemnity: Risk allocation between parties and insurance requirements
13. Termination: Grounds for termination and consequences of termination
14. General Provisions: Standard clauses including notices, amendments, governing law, and dispute resolution
1. Health and Safety: Detailed health and safety obligations when services involve physical work or site visits
2. Equipment and Resources: Include when specific tools or resources are required for service delivery
3. Non-Compete: Add when protecting client's business interests from competition is crucial
4. Service Levels: Include for technical or specialized services requiring specific performance metrics
5. Data Protection: Add when personal data processing is involved in service delivery
6. Force Majeure: Include when external events could significantly impact service delivery
7. Subcontracting: Add when contractor may need to engage subcontractors
8. Key Personnel: Include when specific individuals are crucial to service delivery
1. Schedule 1: Services Description: Detailed scope of works, deliverables, and technical specifications
2. Schedule 2: Fee Schedule: Detailed breakdown of fees, rates, and payment milestones
3. Schedule 3: Service Levels: Performance metrics, reporting requirements, and quality standards
4. Schedule 4: Insurance Requirements: Required insurance types and coverage levels
5. Schedule 5: Key Personnel: Details of key team members and their qualifications
6. Appendix A: Compliance Checklist: List of required compliance documents and certifications
7. Appendix B: Form of Invoice: Template for contractor invoices meeting tax requirements
Relevant legal definitions
Agreement
Business Day
Client
Commencement Date
Confidential Information
Contractor
Deliverables
Fee
Force Majeure Event
GST
Intellectual Property Rights
Key Personnel
Loss
Material Breach
Notice
Personal Information
Pre-Existing IP
Representatives
Services
Service Standards
Site
Special Conditions
Specifications
Subcontractor
Term
Termination Date
Third Party Materials
Working Hours
Work Product
Business Day
Client
Commencement Date
Confidential Information
Contractor
Deliverables
Fee
Force Majeure Event
GST
Intellectual Property Rights
Key Personnel
Loss
Material Breach
Notice
Personal Information
Pre-Existing IP
Representatives
Services
Service Standards
Site
Special Conditions
Specifications
Subcontractor
Term
Termination Date
Third Party Materials
Working Hours
Work Product
Clauses
Interpretation
Engagement of Contractor
Term
Services
Contractor Obligations
Client Obligations
Fees and Payment
GST
Expenses
Performance Standards
Reporting
Independent Contractor Status
No Employment Relationship
Intellectual Property
Confidentiality
Privacy
Data Protection
Health and Safety
Insurance
Liability
Indemnity
Warranties
Force Majeure
Termination
Consequences of Termination
Assignment and Subcontracting
Dispute Resolution
Notices
Relationship Management
Non-Solicitation
Non-Compete
Variation
Waiver
Severability
Entire Agreement
Governing Law
Counterparts
Engagement of Contractor
Term
Services
Contractor Obligations
Client Obligations
Fees and Payment
GST
Expenses
Performance Standards
Reporting
Independent Contractor Status
No Employment Relationship
Intellectual Property
Confidentiality
Privacy
Data Protection
Health and Safety
Insurance
Liability
Indemnity
Warranties
Force Majeure
Termination
Consequences of Termination
Assignment and Subcontracting
Dispute Resolution
Notices
Relationship Management
Non-Solicitation
Non-Compete
Variation
Waiver
Severability
Entire Agreement
Governing Law
Counterparts
Relevant Industries
Information Technology
Professional Services
Construction
Creative Industries
Management Consulting
Healthcare
Education
Financial Services
Engineering
Marketing and Communications
Real Estate
Business Advisory
Research and Development
Environmental Services
Project Management
Relevant Teams
Legal
Human Resources
Procurement
Operations
Finance
Compliance
Risk Management
Commercial
Administration
Project Management
Relevant Roles
Procurement Manager
Legal Counsel
HR Director
Operations Manager
Project Manager
Contract Administrator
Business Development Manager
Finance Manager
Department Head
Managing Director
Chief Executive Officer
Commercial Manager
Risk Manager
Company Secretary
Compliance Officer
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