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Service Licence Agreement

Service Licence Agreement Template for New Zealand

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Key Requirements PROMPT example:

Service Licence Agreement

"I need a Service Licence Agreement for my cloud-based accounting software company to license our services to enterprise clients in New Zealand, with particular emphasis on data protection and integration capabilities with third-party financial systems."

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Document background
The Service Licence Agreement is a crucial document used when a service provider wishes to license their services to customers while maintaining ownership and control over the service delivery. This agreement type is particularly relevant in the New Zealand market where businesses increasingly rely on licensed services rather than outright purchases. The document establishes the legal framework for service provision, incorporating requirements from New Zealand legislation including privacy, consumer protection, and fair trading laws. It typically includes detailed specifications of the licensed services, usage parameters, service levels, support arrangements, and compliance requirements. The agreement is designed to protect both parties' interests while ensuring clarity in service delivery and usage rights.
Suggested Sections

1. Parties: Identifies and provides full legal details of the licensor and licensee

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

3. Definitions: Defines key terms used throughout the agreement

4. Grant of Licence: Specifies the scope, nature, and terms of the licence being granted

5. Service Description: Detailed description of the services being licensed

6. Licence Fees and Payment: Details of licensing fees, payment terms, and payment methods

7. Term and Termination: Duration of the agreement and circumstances for termination

8. Service Levels: Performance standards and service level commitments

9. User Restrictions: Limitations and restrictions on use of the licensed services

10. Intellectual Property Rights: Protection and ownership of IP related to the services

11. Confidentiality: Obligations regarding confidential information

12. Data Protection and Privacy: Compliance with privacy laws and data handling requirements

13. Warranties and Representations: Guarantees and assurances provided by both parties

14. Liability and Indemnification: Limitation of liability and indemnification obligations

15. General Provisions: Standard legal provisions including governing law, notices, and assignment

Optional Sections

1. Security Requirements: Specific security measures and compliance requirements, included when the service involves sensitive data or systems

2. Disaster Recovery: Business continuity and disaster recovery procedures, included for critical services

3. Training and Support: Details of training and support services, included when these are part of the service offering

4. Audit Rights: Rights to audit service usage and compliance, included for regulated industries or when compliance monitoring is crucial

5. White Labelling: Provisions for rebranding services, included when white labelling is permitted

6. Third-Party Integration: Terms for integration with third-party services, included when service interfaces with other platforms

7. Export Control: Export control compliance provisions, included when services may be accessed internationally

Suggested Schedules

1. Schedule 1 - Service Specifications: Detailed technical specifications of the licensed services

2. Schedule 2 - Service Level Agreement: Detailed service levels, metrics, and remedies for non-performance

3. Schedule 3 - Fee Schedule: Detailed breakdown of all fees, charges, and payment terms

4. Schedule 4 - Support Services: Description of support services, response times, and escalation procedures

5. Schedule 5 - Security Standards: Detailed security requirements and compliance standards

6. Schedule 6 - Implementation Plan: Timeline and milestones for service implementation

7. Appendix A - Authorized Users: List of authorized users or user categories and their access rights

8. Appendix B - Technical Requirements: Minimum technical requirements for accessing and using the services

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
Acceptance Tests
Authorized Users
Business Day
Confidential Information
Contract Year
Documentation
Effective Date
Fees
Force Majeure Event
Good Industry Practice
Implementation Period
Initial Term
Intellectual Property Rights
Licensed Services
Maintenance Window
Personal Information
Service Credits
Service Levels
Service Level Agreement
Service Hours
Service Period
Service Provider Systems
Service Specifications
Support Services
System Requirements
Term
Territory
Third-Party Components
Updates
Upgrades
User Access Credentials
User Data
Virus
Working Hours
Clauses
Grant of Licence
Service Delivery
Acceptance Testing
Service Levels
Fees and Payment
Intellectual Property
Data Protection
Confidentiality
Security
Performance Standards
Support Services
Training
Implementation
Term and Termination
Force Majeure
Warranties
Liability
Indemnification
Insurance
Dispute Resolution
Assignment
Subcontracting
Audit Rights
Compliance
Change Control
Business Continuity
Notice
Governing Law
Entire Agreement
Variation
Severability
Third Party Rights
Anti-Bribery
Export Control
Relationship of Parties
Relevant Industries

Information Technology

Software Development

Cloud Services

Professional Services

Telecommunications

Healthcare Technology

Financial Services

Education Technology

Manufacturing

Business Process Outsourcing

Digital Media

Research and Development

Relevant Teams

Legal

Information Technology

Procurement

Compliance

Operations

Commercial

Risk Management

Service Delivery

Contract Administration

Business Development

Technical Support

Account Management

Relevant Roles

Chief Technology Officer

Legal Counsel

Procurement Manager

IT Director

Commercial Manager

Compliance Officer

Service Delivery Manager

Contract Administrator

Business Development Manager

Risk Manager

Operations Director

Technical Account Manager

Chief Information Officer

Vendor Management Officer

Industries
Contract and Commercial Law Act 2017: Provides the fundamental framework for contract formation, interpretation, and enforcement in New Zealand, including electronic transactions and contractual remedies
Fair Trading Act 1986: Ensures fair trading practices and prohibits misleading or deceptive conduct in trade, which is crucial for service terms and conditions
Consumer Guarantees Act 1993: Provides statutory guarantees for the supply of goods and services to consumers, ensuring minimum standards of quality and fitness for purpose
Privacy Act 2020: Governs the collection, use, and disclosure of personal information, which is relevant if the service involves handling customer data
Copyright Act 1994: Protects intellectual property rights and is relevant for licensing of any copyrightable material included in the service
Electronic Transactions Act 2002: Facilitates the use of electronic transactions and ensures their legal validity
Commerce Act 1986: Promotes competition in markets and prohibits restrictive trade practices, relevant for licensing terms and conditions
Goods and Services Tax Act 1985: Governs the application of GST to services, which needs to be considered in pricing and payment terms
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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