Fixed Fee Agreement Template for New Zealand

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Key Requirements PROMPT example:

Fixed Fee Agreement

"I need a Fixed Fee Agreement for my IT consulting company based in Auckland to provide software development services to a corporate client, with project completion set for March 2025 and including specific intellectual property transfer provisions."

Document background
The Fixed Fee Agreement is designed for situations where services can be clearly defined and priced upfront, providing cost certainty for both parties. This document is commonly used in New Zealand's professional services sector, including consulting, legal, IT, and creative services. It differs from time-based billing arrangements by establishing a predetermined fee for a specific scope of work. The agreement includes essential elements required under New Zealand law, such as clear service descriptions, payment terms, and party obligations. It's particularly suitable for project-based work where deliverables and outcomes can be clearly defined, and helps manage risk by setting clear expectations about cost and scope upfront.
Suggested Sections

1. Parties: Identifies and defines the service provider and the client with their full legal names and addresses

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

3. Definitions: Defines key terms used throughout the agreement

4. Scope of Services: Clearly defines the services to be provided under the fixed fee arrangement

5. Fixed Fee: Specifies the fixed fee amount, what it includes/excludes, and GST status

6. Payment Terms: Details when and how payment is to be made, including any milestone payments

7. Service Provider's Obligations: Lists the specific obligations and responsibilities of the service provider

8. Client's Obligations: Outlines what the client must do to enable service delivery

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

10. Intellectual Property: Addresses ownership and rights to any IP created during service delivery

11. Confidentiality: Sets out obligations regarding confidential information

12. Liability and Indemnity: Defines the limits of liability and any indemnities

13. General Provisions: Includes standard clauses like governing law, notices, and assignment

14. Execution: Signature blocks and execution details

Optional Sections

1. Variations: Include when there's likelihood of scope changes or additional services being required

2. Performance Standards: Include when specific quality metrics or standards need to be met

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

4. Dispute Resolution: Include when specific dispute resolution procedures are required beyond standard court proceedings

5. Force Majeure: Include when need to address circumstances beyond parties' control

6. Non-Solicitation: Include when there's risk of staff or client poaching

7. Data Protection: Include when personal or sensitive data will be handled

8. Warranties: Include when specific guarantees about service quality or outcomes are provided

Suggested Schedules

1. Schedule 1 - Detailed Scope of Services: Detailed breakdown of services to be provided, including any deliverables

2. Schedule 2 - Fee Schedule: Breakdown of the fixed fee, payment milestones, and any excluded costs

3. Schedule 3 - Service Levels: Specific performance metrics and service standards if applicable

4. Schedule 4 - Key Personnel: Details of key team members assigned to provide the services

5. Appendix A - Special Conditions: Any special terms or conditions specific to this engagement

6. Appendix B - Required Documentation: List of documents required from either party

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

Clauses
Relevant Industries

Professional Services

Legal Services

Consulting

Information Technology

Engineering

Architecture

Construction

Creative Services

Digital Marketing

Financial Services

Business Advisory

Project Management

Education and Training

Healthcare Services

Relevant Teams

Legal

Finance

Operations

Commercial

Procurement

Business Development

Sales

Contract Administration

Project Management Office

Service Delivery

Account Management

Relevant Roles

Contract Manager

Project Manager

Legal Counsel

Business Development Manager

Finance Manager

Operations Director

Managing Director

Chief Executive Officer

Commercial Manager

Account Manager

Procurement Manager

Service Delivery Manager

Sales Director

Chief Financial Officer

Business Owner

Professional Services Director

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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