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API Agreement

API Agreement Template for New Zealand

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Key Requirements PROMPT example:

API Agreement

"I need an API Agreement for my fintech company to provide secure payment processing APIs to enterprise clients in New Zealand, with strict data protection clauses and service level guarantees of 99.9% uptime."

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Document background
This API Agreement template is designed for use under New Zealand law when establishing a contractual relationship between API providers and consumers. It is particularly relevant in situations where organizations need to formalize the terms of API access, usage, and integration. The agreement encompasses critical elements such as technical specifications, security protocols, data protection measures, service levels, and commercial terms. It ensures compliance with New Zealand's legal framework, including the Privacy Act 2020 and Contract and Commercial Law Act 2017, while addressing modern technical requirements for API services. This document is essential for businesses offering or consuming API services in New Zealand, providing a robust legal framework for digital service delivery and integration.
Suggested Sections

1. Parties: Identification of the API provider and the API user/customer

2. Background: Context of the agreement and brief description of the API service

3. Definitions: Definitions of technical terms, API-specific terminology, and other key terms used in the agreement

4. License Grant: Scope of API access rights, usage permissions, and restrictions

5. API Access and Authentication: Requirements for API keys, authentication methods, and access protocols

6. Usage Requirements: Acceptable use policies, rate limits, and technical requirements

7. Security Requirements: Security protocols, breach notification procedures, and security standards

8. Data Protection and Privacy: Data handling requirements, privacy obligations, and compliance measures

9. Service Levels: Availability commitments, performance metrics, and maintenance windows

10. Intellectual Property Rights: Ownership of IP, licensing terms, and restrictions on use

11. Term and Termination: Duration of agreement, renewal terms, and termination rights

12. Liability and Indemnification: Limitation of liability, warranties, and indemnification obligations

13. General Provisions: Standard legal provisions including governing law, notices, and assignment

Optional Sections

1. Fees and Payment: Include when API access is provided for a fee, detailing pricing, payment terms, and billing procedures

2. Service Credits: Include when offering compensation for service level failures

3. Support Services: Include when providing technical support, detailing support levels and response times

4. Compliance with Laws: Include when API usage involves regulated industries or specific compliance requirements

5. Disaster Recovery: Include when business continuity is critical for the API service

6. Insurance: Include when requiring specific insurance coverage from either party

7. Audit Rights: Include when usage monitoring and audit capabilities are required

8. Marketing Rights: Include when parties wish to specify terms for using each other's names and logos

Suggested Schedules

1. Technical Specifications: Detailed technical documentation of the API, including endpoints, methods, and response formats

2. Service Level Agreement: Detailed service level metrics, measurement methods, and remedies

3. Security Standards: Specific security requirements, protocols, and compliance standards

4. Fee Schedule: Detailed pricing tiers, usage calculations, and payment terms

5. Support Services Schedule: Detailed support level descriptions, procedures, and contact information

6. Data Processing Terms: Detailed terms for processing personal data, if applicable

7. Acceptable Use Policy: Detailed guidelines for acceptable API usage and restrictions

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
API
API Documentation
API Key
Access Credentials
Authorized Users
Business Day
Confidential Information
Customer
Customer Data
Documentation
Effective Date
End Users
Fees
Force Majeure Event
Initial Term
Intellectual Property Rights
Law
Maintenance Window
Personal Data
Platform
Provider
Rate Limits
Renewal Term
Security Breach
Service Credits
Service Levels
Service Level Agreement
Specifications
Support Services
Term
Third Party Materials
Usage Data
User Authentication
Working Hours
Relevant Industries

Technology

Financial Services

E-commerce

Healthcare

Telecommunications

Software Development

Cloud Services

Digital Media

Insurance

Banking

Retail

Transportation

Education

Government Services

Relevant Teams

Legal

Information Technology

Software Development

Information Security

Data Protection

Product Management

Solutions Architecture

Enterprise Architecture

Technical Operations

Commercial Operations

Risk Management

Compliance

Integration Services

Digital Products

Relevant Roles

Chief Technology Officer

Technical Director

API Product Manager

Solutions Architect

Integration Specialist

Software Development Manager

Legal Counsel

IT Contract Manager

Information Security Officer

Data Protection Officer

Technical Project Manager

Commercial Manager

Enterprise Architect

Digital Product Owner

Systems Administrator

Industries
Contract and Commercial Law Act 2017: Provides the fundamental framework for contract formation, enforcement, and electronic transactions in New Zealand. Part 4 specifically deals with electronic transactions and is crucial for API agreements.
Privacy Act 2020: Governs the collection, use, storage, and disclosure of personal information. Essential for API agreements that may involve processing personal data.
Copyright Act 1994: Protects intellectual property rights related to software, API documentation, and associated materials.
Fair Trading Act 1986: Ensures fair trading practices and prohibits misleading conduct in trade. Relevant for API terms, pricing, and service representations.
Consumer Guarantees Act 1993: Applies if the API is provided to consumers, ensuring quality and fitness for purpose of services.
Crimes Act 1961: Sections relating to computer crimes and unauthorized access are relevant for security provisions in API agreements.
Commerce Act 1986: Relevant for competition law considerations, especially if the API provider has significant market power.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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