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Project Based Agreement

Project Based Agreement Template for New Zealand

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Key Requirements PROMPT example:

Project Based Agreement

"I need a Project Based Agreement for a software development project starting March 2025, where we'll be engaging a contractor to develop a mobile app, including provisions for source code ownership and milestone-based payments."

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Document background
The Project Based Agreement is a specialized contract designed for use in New Zealand business environments where parties need to establish clear parameters for a defined project or scope of work. This document is particularly valuable when engaging contractors, consultants, or service providers for specific initiatives with definable deliverables and timelines. It incorporates key requirements under New Zealand law, including provisions from the Contract and Commercial Law Act 2017, and can be customized for various industry sectors. The agreement typically includes detailed project specifications, payment schedules, milestone definitions, and risk allocation mechanisms, making it suitable for both simple and complex projects. It's designed to protect both parties' interests while ensuring clarity in project execution and delivery expectations.
Suggested Sections

1. Parties: Identification and details of the contracting parties

2. Background: Context of the agreement and high-level purpose of the project

3. Definitions and Interpretation: Definitions of key terms and interpretation rules

4. Project Scope and Deliverables: Detailed description of the project work and deliverables

5. Term and Timeline: Duration of the agreement and key project milestones

6. Payment Terms: Fees, payment schedule, invoicing, and payment conditions

7. Obligations and Responsibilities: Key responsibilities of each party

8. Change Management: Process for handling changes to project scope or requirements

9. Intellectual Property: Ownership and rights related to project IP and pre-existing IP

10. Confidentiality: Protection and handling of confidential information

11. Termination: Conditions and process for ending the agreement

12. Liability and Indemnity: Limitation of liability and indemnification provisions

13. Dispute Resolution: Process for resolving disputes between parties

14. General Provisions: Standard boilerplate clauses including governing law, notices, etc.

Optional Sections

1. Insurance: Insurance requirements - include when project involves significant risks or physical works

2. Health and Safety: H&S obligations - include when project involves on-site work or physical activities

3. Data Protection: Data handling requirements - include when project involves personal or sensitive data

4. Subcontracting: Rules for subcontracting - include when subcontractors may be needed

5. Force Majeure: Provisions for unforeseen events - include for long-term or high-risk projects

6. Service Levels: Performance metrics - include when specific service levels need to be maintained

7. Security Requirements: Security protocols - include when project involves IT or sensitive assets

8. Transition and Exit: Exit arrangements - include for complex projects requiring handover

Suggested Schedules

1. Schedule 1: Project Specifications: Detailed technical specifications and requirements

2. Schedule 2: Pricing and Payment Schedule: Detailed breakdown of costs, rates, and payment milestones

3. Schedule 3: Project Timeline: Detailed project schedule, milestones, and deadlines

4. Schedule 4: Key Personnel: Details of key team members and their roles

5. Schedule 5: Service Levels and KPIs: Detailed performance metrics and measurement criteria

6. Appendix A: Change Request Form: Template for submitting and approving project changes

7. Appendix B: Progress Report Template: Standard format for project progress reporting

8. Appendix C: Acceptance Criteria: Detailed criteria for accepting deliverables

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
Agreement
Acceptance Criteria
Background IP
Business Day
Change Request
Commencement Date
Confidential Information
Deliverables
Developed IP
Dispute
Effective Date
Force Majeure Event
GST
Intellectual Property Rights
Key Personnel
Milestone
Project
Project Manager
Project Plan
Project Schedule
Project Specifications
Representatives
Services
Service Levels
Site
Specifications
Subcontractor
Term
Termination Date
Time for Completion
Variation
Work Product
Working Hours
Client Materials
Progress Report
Quality Standards
Acceptance Tests
Project Budget
Performance Standards
Payment Milestone
Material Breach
Completion Certificate
Client Dependencies
Documentation
Expenses
Clauses
Interpretation
Definitions
Term
Project Scope
Deliverables
Payment
Invoicing
Project Management
Change Control
Performance Standards
Quality Assurance
Acceptance Testing
Key Personnel
Client Obligations
Contractor Obligations
Intellectual Property
Confidentiality
Data Protection
Privacy
Health and Safety
Insurance
Liability
Indemnification
Force Majeure
Termination
Suspension
Dispute Resolution
Governing Law
Assignment
Subcontracting
Notices
Warranties
Representations
Risk Allocation
Reporting
Record Keeping
Audit Rights
Business Continuity
Security
Transition
Exit Management
Entire Agreement
Variation
Severability
Waiver
Relationship of Parties
Survival
Time of the Essence
GST
Counterparts
Relevant Industries

Information Technology

Construction

Professional Services

Engineering

Digital Media

Management Consulting

Software Development

Creative Industries

Infrastructure

Research and Development

Education

Healthcare

Environmental Services

Manufacturing

Architecture

Relevant Teams

Legal

Procurement

Commercial

Operations

Project Management Office

Risk and Compliance

Finance

Business Development

Technical Operations

Contract Administration

Relevant Roles

Project Manager

Contract Manager

Legal Counsel

Commercial Manager

Procurement Manager

Business Development Manager

Operations Manager

Program Director

Technical Lead

Chief Executive Officer

Financial Controller

Risk Manager

Compliance Officer

Department Head

Project Coordinator

Account Manager

Industries
Contract and Commercial Law Act 2017: Primary legislation governing contract formation, interpretation, and enforcement in New Zealand. Covers electronic transactions, contractual mistakes, and remedies.
Construction Contracts Act 2002: Regulates construction contracts and payment provisions, particularly relevant if the project involves construction work.
Fair Trading Act 1986: Ensures fair trading practices and prohibits misleading or deceptive conduct in trade. Important for project deliverables and service descriptions.
Health and Safety at Work Act 2015: Sets out the health and safety obligations for businesses and workers, including contractors working on projects.
Income Tax Act 2007: Governs taxation matters, particularly relevant for payment terms and contractor status implications.
Goods and Services Tax Act 1985: Regulates GST obligations and requirements for business transactions and service provision.
Privacy Act 2020: Governs the collection, use, and disclosure of personal information, relevant for data handling aspects of the project.
Consumer Guarantees Act 1993: Provides statutory guarantees for goods and services supplied to consumers, may be relevant depending on the project's end users.
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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