This Service Provider Agreement is designed for use in New Zealand business contexts where one party (the service provider) agrees to provide specific services to another party (the client). The agreement is structured to comply with New Zealand law, including the Contract and Commercial Law Act 2017 and related legislation. It is particularly useful for businesses engaging external service providers, consultants, or contractors, and covers essential elements such as service scope, payment terms, performance standards, and risk allocation. The document includes provisions for both standard service arrangements and can be customized for specific industry requirements, while maintaining compliance with New Zealand legal requirements for commercial contracts.
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1. Parties: Identifies the contracting parties with their full legal names and addresses
2. Background: Sets out the context of the agreement and basic premises of the business relationship
3. Definitions: Defines key terms used throughout the agreement
4. Services: Detailed description of the services to be provided and service levels
5. Term and Renewal: Duration of the agreement and renewal provisions
6. Fees and Payment: Payment terms, rates, invoicing, and payment procedures
7. Obligations of Service Provider: Key responsibilities and obligations of the service provider
8. Obligations of Client: Key responsibilities and obligations of the client
9. Intellectual Property: Ownership and rights related to IP created during service provision
10. Confidentiality: Protection of confidential information and trade secrets
11. Liability and Indemnity: Limitation of liability and indemnification provisions
12. Termination: Grounds for termination and termination procedures
13. Dispute Resolution: Process for resolving disputes between parties
14. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Insurance: Insurance requirements - include when services involve significant risks or on-site work
2. Data Protection: Specific data handling obligations - include when personal data is processed
3. Force Majeure: Provisions for unforeseen events - include for long-term or critical services
4. Non-Compete: Restrictions on competition - include when sharing sensitive business information
5. Service Credits: Performance-based penalties - include for SLA-driven services
6. Transition Services: End of contract transition - include for complex or essential services
7. Compliance with Laws: Specific regulatory compliance - include for regulated industries
8. Health and Safety: H&S requirements - include when services are performed on-site
1. Schedule 1 - Services Description: Detailed specification of services and deliverables
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and charges
3. Schedule 3 - Service Levels: Specific service levels and performance metrics
4. Schedule 4 - Key Personnel: Details of key staff assigned to provide services
5. Schedule 5 - Implementation Plan: Timeline and milestones for service implementation
6. Appendix A - Form of Change Order: Template for documenting changes to services or terms
7. Appendix B - Security Requirements: Specific security protocols and requirements
8. Appendix C - Insurance Requirements: Detailed insurance coverage requirements
Relevant legal definitions
Agreement
Applicable Laws
Business Day
Charges
Client
Client Materials
Commencement Date
Confidential Information
Deliverables
Dispute
Effective Date
Force Majeure Event
GST
Initial Term
Intellectual Property Rights
Key Personnel
Material Breach
Notice
Personal Information
Personnel
Project
Related Company
Renewal Term
Schedule
Services
Service Levels
Service Provider
Specification
Term
Third Party
Variation
Working Hours
Applicable Laws
Business Day
Charges
Client
Client Materials
Commencement Date
Confidential Information
Deliverables
Dispute
Effective Date
Force Majeure Event
GST
Initial Term
Intellectual Property Rights
Key Personnel
Material Breach
Notice
Personal Information
Personnel
Project
Related Company
Renewal Term
Schedule
Services
Service Levels
Service Provider
Specification
Term
Third Party
Variation
Working Hours
Clauses
Interpretation
Term and Renewal
Services
Service Levels
Fees and Payment
GST
Invoicing
Performance Obligations
Client Obligations
Service Provider Obligations
Key Personnel
Subcontracting
Intellectual Property
Data Protection
Privacy
Confidentiality
Non-Competition
Non-Solicitation
Warranties
Insurance
Liability
Indemnification
Force Majeure
Termination
Suspension
Dispute Resolution
Health and Safety
Compliance with Laws
Record Keeping
Audit Rights
Change Management
Assignment
Notices
Relationship of Parties
Entire Agreement
Severability
Variation
Waiver
Governing Law
Survival
Term and Renewal
Services
Service Levels
Fees and Payment
GST
Invoicing
Performance Obligations
Client Obligations
Service Provider Obligations
Key Personnel
Subcontracting
Intellectual Property
Data Protection
Privacy
Confidentiality
Non-Competition
Non-Solicitation
Warranties
Insurance
Liability
Indemnification
Force Majeure
Termination
Suspension
Dispute Resolution
Health and Safety
Compliance with Laws
Record Keeping
Audit Rights
Change Management
Assignment
Notices
Relationship of Parties
Entire Agreement
Severability
Variation
Waiver
Governing Law
Survival
Relevant Industries
Information Technology
Professional Services
Consulting
Engineering
Marketing and Advertising
Financial Services
Healthcare
Education
Construction
Facilities Management
Business Services
Legal Services
Human Resources
Property Management
Software Development
Relevant Teams
Legal
Procurement
Operations
Commercial
Risk and Compliance
Finance
Human Resources
Business Development
Contract Administration
Project Management
Relevant Roles
Legal Counsel
Contract Manager
Procurement Manager
Operations Manager
Project Manager
Business Development Manager
Commercial Manager
Risk Manager
Compliance Officer
Chief Operating Officer
General Manager
Managing Director
Chief Executive Officer
Finance Manager
Human Resources Manager
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