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Common Use Agreement
"I need a Common Use Agreement for a software development company providing cloud services to multiple government agencies in New Zealand, with emphasis on data security and privacy compliance, starting from March 2025."
1. Parties: Identifies and provides full legal details of all parties to the agreement
2. Background: Sets out the context and purpose of the agreement, including any relevant history or relationships
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes rules for interpretation
4. Term and Commencement: Specifies when the agreement starts and its duration
5. Supply Obligations: Details the core obligations of the supplier, including goods/services to be provided
6. Customer Obligations: Outlines the responsibilities and commitments of the customer
7. Pricing and Payment: Specifies prices, payment terms, invoicing procedures, and GST treatment
8. Performance Standards: Sets out quality standards, KPIs, and service levels to be met
9. Intellectual Property: Addresses ownership and usage rights of intellectual property
10. Confidentiality: Defines confidential information and obligations regarding its protection
11. Liability and Indemnities: Sets out liability limitations and indemnification obligations
12. Termination: Specifies circumstances and processes for ending the agreement
13. General Provisions: Contains standard boilerplate clauses including notices, assignment, and governing law
1. Change Control: Include when the services or deliverables may need modification during the term
2. Data Protection: Include when personal data processing is involved, ensuring Privacy Act 2020 compliance
3. Insurance: Include when specific insurance requirements need to be maintained
4. Business Continuity: Include for critical services requiring disaster recovery planning
5. Audit Rights: Include when regular auditing of performance or compliance is required
6. Security Requirements: Include when information security or physical security measures are crucial
7. Environmental Compliance: Include when environmental considerations are relevant to the services
8. Health and Safety: Include when services involve on-site work or health and safety risks
1. Schedule 1 - Services Description: Detailed description of services or goods to be provided
2. Schedule 2 - Pricing Schedule: Detailed pricing information, rate cards, and payment mechanisms
3. Schedule 3 - Service Levels: Specific performance metrics, measurement methods, and remedies
4. Schedule 4 - Implementation Plan: Timeline and milestones for service implementation
5. Schedule 5 - Key Personnel: Details of key staff and their roles
6. Schedule 6 - Approved Subcontractors: List of approved subcontractors and their roles
7. Appendix A - Standard Operating Procedures: Detailed operational procedures and processes
8. Appendix B - Form of Change Request: Template for requesting and documenting changes
Authors
Approved Purpose
Authorized Representatives
Authorized Users
Business Day
Commencement Date
Confidential Information
Contract Year
Deliverables
Dispute
Effective Date
Fees
Force Majeure Event
Good Industry Practice
GST
Intellectual Property Rights
Key Personnel
Material Breach
Notices
Payment Terms
Performance Standards
Personal Information
Related Companies
Representatives
Services
Service Levels
Specifications
Subcontractor
Term
Termination Date
Territory
Third Party
Working Hours
Writing
Variation
Term and Renewal
Supply Obligations
Performance Standards
Service Levels
Pricing
Payment Terms
GST
Intellectual Property
Confidentiality
Privacy
Data Protection
Liability
Indemnification
Insurance
Force Majeure
Termination
Dispute Resolution
Assignment
Subcontracting
Compliance
Audit Rights
Reporting
Health and Safety
Environmental Protection
Business Continuity
Change Management
Notices
Governing Law
Entire Agreement
Variation
Severability
Relationship of Parties
Survival
Third Party Rights
Information Technology
Professional Services
Healthcare
Education
Manufacturing
Retail
Construction
Financial Services
Telecommunications
Government Services
Consulting
Logistics
Legal
Procurement
Commercial
Operations
Finance
Compliance
Risk Management
Contract Administration
Supply Chain
Business Development
Contract Manager
Procurement Officer
Legal Counsel
Commercial Manager
Business Development Manager
Operations Director
Supply Chain Manager
Relationship Manager
Compliance Officer
Risk Manager
Chief Financial Officer
Project Manager
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