This Subscription Contract template is designed for use in New Zealand business contexts where ongoing services or products are provided on a recurring payment basis. It is particularly relevant for businesses offering software, content, services, or products through subscription models. The document incorporates essential elements required under New Zealand law, including compliance with the Contract and Commercial Law Act 2017, Fair Trading Act 1986, and Privacy Act 2020. This template provides a comprehensive framework covering service delivery, payment terms, user rights, data protection, and termination procedures, suitable for both B2B and B2C relationships. It is structured to accommodate various subscription models while ensuring legal compliance and protection of both service provider and subscriber interests.
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1. Parties: Identifies the service provider and subscriber, including their legal names, addresses, and company details if applicable
2. Background: Sets out the context of the agreement and brief description of the subscription service being provided
3. Definitions: Defines key terms used throughout the agreement for clarity and consistency
4. Service Description: Detailed description of the subscription service, including scope, features, and delivery method
5. Subscription Term: Specifies the initial term, renewal periods, and notice periods for termination
6. Fees and Payment: Details of subscription fees, payment methods, payment frequency, and billing procedures
7. Service Level Commitments: Outlines the provider's commitments regarding service availability, quality, and support
8. User Obligations: Subscriber's responsibilities, acceptable use policies, and compliance requirements
9. Intellectual Property: Ownership and usage rights of intellectual property related to the service
10. Data Protection and Privacy: Obligations regarding personal information handling and privacy compliance
11. Termination: Grounds for termination, termination process, and consequences of termination
12. Liability and Indemnities: Limitation of liability clauses and indemnification provisions
13. General Provisions: Standard boilerplate clauses including governing law, notices, and dispute resolution
1. Service Credits: Include when offering specific remedies for service level failures
2. Free Trial: Include when offering a trial period before paid subscription begins
3. Implementation Services: Include when the subscription requires initial setup or implementation services
4. User Limits: Include when the subscription has specific user number restrictions or tiers
5. Geographic Restrictions: Include when service availability is limited to specific regions
6. API Terms: Include when providing API access as part of the subscription
7. Hardware Requirements: Include when the service requires specific hardware or equipment
8. Insurance Requirements: Include when subscribers need to maintain specific insurance coverage
9. Reseller Terms: Include when allowing subscribers to resell or white-label the service
1. Schedule 1 - Service Description: Detailed technical specifications and feature list of the subscription service
2. Schedule 2 - Service Level Agreement: Detailed service levels, performance metrics, and remedies
3. Schedule 3 - Pricing Schedule: Detailed pricing tiers, usage rates, and additional charges
4. Schedule 4 - Support Services: Support level details, response times, and escalation procedures
5. Schedule 5 - Data Processing Agreement: Detailed terms for processing personal information in compliance with privacy laws
6. Schedule 6 - Acceptable Use Policy: Detailed rules and restrictions for service usage
7. Appendix A - Technical Requirements: Minimum technical specifications required to use the service
8. Appendix B - Change Request Form: Standard form for requesting changes to service or subscription terms
Relevant legal definitions
Acceptable Use Policy
Account
Additional Services
Affiliate
Agreement
Authorized User
Business Day
Business Hours
Commencement Date
Confidential Information
Contract Year
Customer Data
Documentation
Effective Date
Fees
Force Majeure Event
Initial Term
Intellectual Property Rights
Maintenance Window
Minimum Term
Notice Period
Payment Method
Personal Information
Platform
Privacy Policy
Renewal Term
Service Credits
Service Level Agreement
Service Levels
Services
Subscriber
Subscription Fee
Subscription Period
Subscription Plan
Subscription Term
Support Services
System Requirements
Term
Territory
Third Party Services
Update
Upgrade
User Credentials
Working Hours
Account
Additional Services
Affiliate
Agreement
Authorized User
Business Day
Business Hours
Commencement Date
Confidential Information
Contract Year
Customer Data
Documentation
Effective Date
Fees
Force Majeure Event
Initial Term
Intellectual Property Rights
Maintenance Window
Minimum Term
Notice Period
Payment Method
Personal Information
Platform
Privacy Policy
Renewal Term
Service Credits
Service Level Agreement
Service Levels
Services
Subscriber
Subscription Fee
Subscription Period
Subscription Plan
Subscription Term
Support Services
System Requirements
Term
Territory
Third Party Services
Update
Upgrade
User Credentials
Working Hours
Clauses
Definitions
Service Provision
Subscription Term
Renewal
Payment Terms
Service Levels
Access Rights
User Obligations
Acceptable Use
Support Services
Data Protection
Privacy
Confidentiality
Intellectual Property
Warranties
Indemnification
Limitation of Liability
Force Majeure
Termination
Suspension Rights
Assignment
Subcontracting
Variation
Notice
Dispute Resolution
Governing Law
Entire Agreement
Severability
Third Party Rights
Anti-Bribery
Export Control
Compliance with Laws
Insurance
Audit Rights
Service Credits
Implementation
Training
Documentation
Business Continuity
Change Management
Reporting
Service Provision
Subscription Term
Renewal
Payment Terms
Service Levels
Access Rights
User Obligations
Acceptable Use
Support Services
Data Protection
Privacy
Confidentiality
Intellectual Property
Warranties
Indemnification
Limitation of Liability
Force Majeure
Termination
Suspension Rights
Assignment
Subcontracting
Variation
Notice
Dispute Resolution
Governing Law
Entire Agreement
Severability
Third Party Rights
Anti-Bribery
Export Control
Compliance with Laws
Insurance
Audit Rights
Service Credits
Implementation
Training
Documentation
Business Continuity
Change Management
Reporting
Relevant Industries
Software & Technology
Media & Entertainment
Professional Services
Healthcare
Education
Financial Services
Retail
Telecommunications
Digital Content
Cloud Services
SaaS (Software as a Service)
Consulting Services
Information Technology
E-commerce
Relevant Teams
Legal
Commercial
Sales
Operations
Finance
Information Technology
Product
Customer Success
Compliance
Risk Management
Business Development
Procurement
Relevant Roles
Legal Counsel
Commercial Manager
Contract Manager
Business Development Manager
Sales Director
Operations Manager
Chief Financial Officer
Chief Technology Officer
Product Manager
Account Manager
Compliance Officer
Privacy Officer
Customer Success Manager
Procurement Manager
CEO
Managing Director
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