The Client Engagement Agreement serves as a foundational document for establishing professional service relationships in New Zealand. It is typically used when a service provider begins a new client relationship or updates terms with existing clients. This agreement comprehensively addresses key aspects of the professional relationship including service scope, fees, deliverables, and mutual obligations, while ensuring compliance with New Zealand legislation such as the Contract and Commercial Law Act 2017, Fair Trading Act 1986, and Privacy Act 2020. The document is essential for protecting both parties' interests and setting clear expectations for the engagement, including confidentiality, intellectual property rights, and liability limitations.
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1. Parties: Identifies and provides full legal names and details of all parties to the agreement
2. Background: Provides context for the agreement and summarizes the intention of the parties
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes rules for interpretation
4. Scope of Services: Clearly outlines the services to be provided and any specific deliverables
5. Term and Commencement: Specifies when the agreement starts and its duration
6. Fees and Payment Terms: Details the fees, payment schedule, and payment methods
7. Obligations of the Service Provider: Lists the key responsibilities and commitments of the service provider
8. Client Obligations: Specifies what the client must do to facilitate the service delivery
9. Confidentiality: Establishes obligations regarding confidential information
10. Intellectual Property: Addresses ownership and usage rights of any IP created or used
11. Liability and Indemnity: Sets out liability limitations and indemnification provisions
12. Termination: Specifies how the agreement can be terminated and the consequences
13. Dispute Resolution: Outlines the process for resolving any disputes
14. General Provisions: Contains standard boilerplate clauses including governing law, notices, and assignment
1. Professional Indemnity Insurance: Include when specific insurance requirements need to be documented
2. Service Levels: Include when specific performance metrics or standards need to be met
3. Data Protection and Privacy: Include when significant personal data processing is involved
4. Force Majeure: Include when need to address unforeseen circumstances preventing performance
5. Anti-Money Laundering Compliance: Include for financial or professional services subject to AML regulations
6. Subcontracting: Include if the service provider may need to subcontract any services
7. Non-Solicitation: Include to prevent poaching of staff or clients
8. Conflict of Interest: Include for professional services where conflicts may arise
1. Schedule 1 - Scope of Services: Detailed description of services, deliverables, and timelines
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule 3 - Key Personnel: Lists key team members and their roles if applicable
4. Schedule 4 - Service Levels: Detailed service level requirements and measurements if applicable
5. Appendix A - Client Policies: Relevant client policies that the service provider must comply with
6. Appendix B - Special Conditions: Any special terms or conditions specific to the engagement
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