Service Provider Contract Template for New Zealand

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Key Requirements PROMPT example:

Service Provider Contract

"I need a Service Provider Contract for my IT consultancy company based in Auckland, which will be providing software development services to enterprise clients, with the agreement needing to include strong IP protection clauses and data privacy provisions."

Document background
The Service Provider Contract is essential for businesses and individuals operating in New Zealand who engage external service providers or offer services to clients. This document is designed to comply with New Zealand law, including the Contract and Commercial Law Act 2017 and related legislation. It should be used whenever there is a formal service arrangement that needs to be documented, whether for one-time projects or ongoing services. The contract typically includes detailed service specifications, payment terms, performance standards, confidentiality provisions, and risk allocation between parties. It's particularly important for protecting both parties' interests, ensuring clear communication of expectations, and providing a legal framework for the service relationship. The document can be customized for various service types while maintaining compliance with New Zealand legal requirements.
Suggested Sections

1. Parties: Identifies and provides full legal details of the service provider and the client

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

3. Definitions: Defines key terms used throughout the agreement

4. Services: Detailed description of the services to be provided

5. Term: Duration of the agreement, including start date and any renewal provisions

6. Fees and Payment: Payment terms, rates, invoicing schedule, and GST treatment

7. Service Provider's Obligations: Key responsibilities and commitments of the service provider

8. Client's Obligations: Key responsibilities and commitments of the client

9. Intellectual Property: Ownership and rights related to any IP created during service provision

10. Confidentiality: Protection of confidential information and trade secrets

11. Liability and Indemnity: Limitations of liability and indemnification provisions

12. Termination: Circumstances and process for ending the agreement

13. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment

Optional Sections

1. Insurance: Required when services involve significant risks or client requires specific coverage

2. Health and Safety: Essential when services are performed at client sites or involve physical work

3. Data Protection: Required when service provider will handle personal or sensitive data

4. Non-Competition: Used when service provider may gain competitive knowledge or access to sensitive market information

5. Service Levels: Include when specific performance metrics need to be maintained

6. Subcontracting: Required if service provider may need to engage subcontractors

7. Force Majeure: Important for long-term contracts or services vulnerable to external disruptions

8. Change Control: Necessary for complex or long-term services where scope may evolve

Suggested Schedules

1. Schedule 1 - Service Description: Detailed specifications of services, deliverables, and performance standards

2. Schedule 2 - Fees and Charges: Detailed fee structure, rates, and payment terms

3. Schedule 3 - Service Levels: Specific performance metrics, reporting requirements, and remedies

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

5. Schedule 5 - Client Materials and Requirements: List of items, access, or information the client must provide

6. Appendix A - Change Request Form: Template for requesting and documenting changes to services

7. Appendix B - Report Templates: Standard formats for required service reports and documentation

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

Relevant Industries

Information Technology

Professional Services

Consulting

Construction

Healthcare

Education

Financial Services

Marketing and Advertising

Engineering

Maintenance Services

Creative Industries

Business Services

Property Services

Environmental Services

Relevant Teams

Legal

Procurement

Operations

Finance

Human Resources

Risk and Compliance

Commercial

Business Development

Project Management

Service Delivery

Relevant Roles

Legal Counsel

Procurement Manager

Contract Manager

Business Development Manager

Operations Director

Project Manager

HR Manager

Finance Manager

Commercial Manager

Risk Manager

Compliance Officer

Chief Operating Officer

Managing Director

Department Head

Service Delivery Manager

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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