Billing Agent Agreement Template for New Zealand

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Key Requirements PROMPT example:

Billing Agent Agreement

"I need a Billing Agent Agreement for my healthcare software company that will appoint an external agency to handle all our subscription billing and payment collections from March 2025, including integration with our payment gateway and compliance with healthcare data privacy requirements."

Document background
The Billing Agent Agreement is essential for organizations in New Zealand that outsource their billing and collection functions to specialized service providers. This document is used when a company (the Principal) wants to appoint another entity (the Billing Agent) to handle its billing operations, customer payments, and related services. The agreement ensures compliance with New Zealand regulations, including the Contract and Commercial Law Act 2017, Privacy Act 2020, and AML/CFT requirements. It outlines the agent's authority to collect payments, manage customer accounts, and perform related administrative tasks while protecting both parties' interests and maintaining regulatory compliance. The document is particularly relevant in sectors with high transaction volumes or complex billing requirements, where specialized billing expertise is needed.
Suggested Sections

1. Parties: Identifies and provides details of the Principal and the Billing Agent

2. Background: Explains the context of the agreement and the parties' intentions

3. Definitions: Defines key terms used throughout the agreement

4. Appointment and Scope: Formally establishes the billing agent's appointment and outlines the authorized services

5. Agent's Obligations: Details the responsibilities and duties of the billing agent

6. Principal's Obligations: Outlines the responsibilities and duties of the principal

7. Fees and Payment Terms: Specifies the agent's compensation and payment arrangements

8. Compliance Requirements: Sets out regulatory compliance obligations including AML/CFT and privacy requirements

9. Reporting and Accounting: Details the reporting requirements and accounting procedures

10. Term and Termination: Specifies the duration of the agreement and termination provisions

11. Confidentiality: Addresses the handling of confidential information

12. Liability and Indemnification: Outlines liability limitations and indemnification obligations

13. General Provisions: Contains standard boilerplate clauses including governing law, notices, and assignment

Optional Sections

1. Sub-agents: Include when the billing agent may need to appoint sub-agents

2. Intellectual Property: Include when proprietary systems or software are involved in the billing process

3. Insurance: Include when specific insurance requirements need to be maintained

4. Service Levels: Include when specific performance metrics need to be maintained

5. Data Protection: Include detailed privacy provisions when handling sensitive personal data

6. Business Continuity: Include when service continuity is critical

7. Dispute Resolution: Include when specific dispute resolution procedures are required

8. Territory Restrictions: Include when the agent's services are limited to specific geographic areas

Suggested Schedules

1. Schedule 1 - Services Description: Detailed description of the billing services to be provided

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, charges, and commission structures

3. Schedule 3 - Service Levels: Performance metrics and service level requirements

4. Schedule 4 - Reporting Requirements: Templates and specifications for required reports

5. Schedule 5 - Approved Collection Methods: List of authorized payment collection methods and procedures

6. Schedule 6 - Contact Details: Key contact information for both parties

7. Appendix A - Operating Procedures: Detailed procedures for day-to-day operations

8. Appendix B - Compliance Checklist: Checklist of regulatory requirements and compliance procedures

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

Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Utilities

Telecommunications

Healthcare

Insurance

Property Management

Professional Services

Education

Subscription Services

Technology Services

Relevant Teams

Finance

Legal

Operations

Compliance

Risk Management

Treasury

Accounts Receivable

Commercial

Customer Service

Information Technology

Relevant Roles

Chief Financial Officer

Finance Director

Accounts Receivable Manager

Revenue Manager

Billing Operations Manager

Compliance Officer

Legal Counsel

Commercial Manager

Operations Director

Treasury Manager

Contract Manager

Financial Controller

Collections Manager

Customer Service Manager

Risk Manager

Industries
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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