The Service Partner Agreement is designed for use in New Zealand business contexts where companies seek to establish formal, long-term service delivery relationships with external providers. This agreement is particularly relevant when businesses need to outsource specific functions or engage specialized service providers while maintaining clear quality standards and operational controls. The document addresses key aspects required under New Zealand law, including compliance with the Contract and Commercial Law Act 2017, Fair Trading Act 1986, and relevant industry regulations. It is structured to provide comprehensive coverage of service delivery parameters, performance metrics, commercial terms, and risk allocation, while remaining adaptable to various service types and industry requirements. The agreement is essential for businesses looking to formalize their service partner relationships with proper legal protection and clear operational guidelines.
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1. Parties: Identifies and provides full legal details of all parties to the agreement
2. Background: Explains the context and purpose of the agreement, including the parties' intentions
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. Appointment and Scope: Establishes the formal appointment of the service partner and outlines the scope of services
5. Term and Renewal: Specifies the initial term of the agreement and any renewal provisions
6. Service Partner Obligations: Details the core responsibilities and obligations of the service partner
7. Principal's Obligations: Outlines the responsibilities and obligations of the principal party
8. Fees and Payment Terms: Specifies the fee structure, payment terms, and invoicing requirements
9. Performance Standards: Establishes the required service levels and performance metrics
10. Intellectual Property: Addresses ownership and usage rights of intellectual property
11. Confidentiality: Details confidentiality obligations and handling of sensitive information
12. Liability and Indemnification: Sets out liability limitations and indemnification obligations
13. Termination: Specifies termination rights, processes, and consequences
14. General Provisions: Contains standard legal provisions including notices, governing law, and dispute resolution
1. Data Protection and Privacy: Detailed section required when the services involve handling personal or sensitive data
2. Non-Compete: Include when restricting the service partner from competing activities
3. Insurance: Detailed insurance requirements when services involve significant risks or regulatory requirements
4. Audit Rights: Include when regular auditing of service partner's activities is necessary
5. Force Majeure: Specific provisions for handling unforeseen events and disruptions
6. Change Control: Include when services may require frequent modifications or updates
7. Service Credits: Include when implementing financial adjustments for performance failures
8. Transition Services: Required when complex handover processes need to be detailed
1. Schedule 1 - Services Description: Detailed description of all services to be provided
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment structures
3. Schedule 3 - Service Levels: Specific performance metrics, KPIs, and measurement methods
4. Schedule 4 - Key Personnel: Details of key staff members and their roles
5. Schedule 5 - Technical Requirements: Technical specifications and requirements for service delivery
6. Schedule 6 - Approved Subcontractors: List of pre-approved subcontractors if applicable
7. Appendix A - Form of Reports: Templates for required reporting
8. Appendix B - Change Request Form: Standard form for requesting and documenting changes
Relevant legal definitions
Agreement
Applicable Laws
Business Day
Commencement Date
Confidential Information
Contract Year
Deliverables
Dispute
Effective Date
Force Majeure Event
GST
Initial Term
Intellectual Property Rights
Key Personnel
Material Breach
Notice
Performance Standards
Principal
Principal Materials
Related Companies
Renewal Term
Service Credits
Service Fees
Service Levels
Services
Service Partner
Service Partner Materials
Specifications
Subcontractor
Term
Territory
Third Party
Working Hours
Change Request
Commercially Reasonable Efforts
Disaster Recovery Plan
Emergency
Good Industry Practice
Insolvency Event
Personnel
Quality Standards
Records
Regulatory Requirements
Reports
Review Meetings
Service Location
Termination Date
Transition Period
Variation
Applicable Laws
Business Day
Commencement Date
Confidential Information
Contract Year
Deliverables
Dispute
Effective Date
Force Majeure Event
GST
Initial Term
Intellectual Property Rights
Key Personnel
Material Breach
Notice
Performance Standards
Principal
Principal Materials
Related Companies
Renewal Term
Service Credits
Service Fees
Service Levels
Services
Service Partner
Service Partner Materials
Specifications
Subcontractor
Term
Territory
Third Party
Working Hours
Change Request
Commercially Reasonable Efforts
Disaster Recovery Plan
Emergency
Good Industry Practice
Insolvency Event
Personnel
Quality Standards
Records
Regulatory Requirements
Reports
Review Meetings
Service Location
Termination Date
Transition Period
Variation
Clauses
Appointment
Term and Renewal
Services Scope
Performance Standards
Service Levels
Fees and Payment
Invoicing
GST
Service Partner Obligations
Principal Obligations
Key Personnel
Subcontracting
Quality Assurance
Reporting
Audit Rights
Intellectual Property
Data Protection
Confidentiality
Privacy
Non-Competition
Non-Solicitation
Warranties
Insurance
Liability
Indemnification
Force Majeure
Termination
Exit Management
Change Control
Dispute Resolution
Assignment
Notices
Health and Safety
Compliance with Laws
Anti-Bribery
Record Keeping
Business Continuity
Relationship Management
Entire Agreement
Variation
Severability
Governing Law
Jurisdiction
Term and Renewal
Services Scope
Performance Standards
Service Levels
Fees and Payment
Invoicing
GST
Service Partner Obligations
Principal Obligations
Key Personnel
Subcontracting
Quality Assurance
Reporting
Audit Rights
Intellectual Property
Data Protection
Confidentiality
Privacy
Non-Competition
Non-Solicitation
Warranties
Insurance
Liability
Indemnification
Force Majeure
Termination
Exit Management
Change Control
Dispute Resolution
Assignment
Notices
Health and Safety
Compliance with Laws
Anti-Bribery
Record Keeping
Business Continuity
Relationship Management
Entire Agreement
Variation
Severability
Governing Law
Jurisdiction
Relevant Industries
Information Technology
Professional Services
Consulting
Facilities Management
Manufacturing
Retail
Healthcare
Financial Services
Telecommunications
Construction
Logistics
Education
Property Management
Business Process Outsourcing
Relevant Teams
Legal
Procurement
Operations
Commercial
Risk and Compliance
Finance
Supply Chain
Vendor Management
Business Development
Project Management
Relevant Roles
Chief Executive Officer
Chief Operating Officer
Commercial Director
Procurement Manager
Contract Manager
Legal Counsel
Operations Director
Service Delivery Manager
Vendor Relationship Manager
Risk Manager
Compliance Officer
Business Development Manager
Project Manager
Account Manager
Supply Chain Manager
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