The Professional Services Engagement Letter is a crucial document used in New Zealand business practice to formalize professional service arrangements. It serves as the primary agreement between professional service providers and their clients, typically used when engaging consultants, advisors, or specialized service providers. The document needs to comply with New Zealand legislation, including the Contract and Commercial Law Act 2017 and professional standards regulations. It should be used at the commencement of any significant professional service engagement to clearly define the scope of work, fees, terms, and mutual obligations. The engagement letter functions as both a commercial and legal document, providing clarity on deliverables while offering legal protection to both parties.
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1. Letterhead and Date: Professional letterhead including firm details, date, and reference number
2. Client Details: Full name and address of the client
3. Salutation: Professional greeting to the client
4. Introduction: Opening paragraph confirming the engagement and thanking the client for choosing the firm
5. Scope of Services: Detailed description of the professional services to be provided, including any specific deliverables
6. Fees and Payment Terms: Clear outline of fee structure, rates, payment terms, and billing frequency
7. Team and Key Contact Persons: Information about key team members who will provide the services and primary contact persons
8. Timeline and Duration: Expected timeframes, milestones, and duration of the engagement
9. Professional Standards and Quality Assurance: Commitment to professional standards and quality of service delivery
10. Confidentiality and Privacy: Obligations regarding confidential information and data protection
11. Liability and Insurance: Professional liability terms and insurance coverage details
12. Termination Provisions: Conditions and process for ending the engagement
13. Acceptance and Execution: Instructions for accepting the engagement and space for signatures
1. Conflicts of Interest: Required when there are potential conflicts that need to be disclosed and addressed
2. Regulatory Compliance: Included when services involve specific regulatory requirements or compliance obligations
3. Intellectual Property Rights: Needed when services involve creation of intellectual property or use of existing IP
4. Sub-contractor Arrangements: Required when parts of the services may be subcontracted to third parties
5. International Services: Include when services involve cross-border elements or international considerations
6. Force Majeure: Added when specific provisions for unforeseen circumstances are necessary
7. Dispute Resolution: Detailed dispute resolution procedures for higher-value or complex engagements
8. Client Obligations: Specific section on client responsibilities when significant client input or cooperation is required
1. Schedule 1 - Detailed Scope of Services: Comprehensive breakdown of services, deliverables, and exclusions
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment structure
3. Schedule 3 - Team Structure and CVs: Detailed information about team members and their qualifications
4. Schedule 4 - Project Timeline: Detailed project plan with milestones and deadlines
5. Appendix A - Standard Terms and Conditions: Firm's standard terms and conditions referenced in the main letter
6. Appendix B - Relevant Policies: Any applicable firm policies that form part of the engagement
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