Standard Contractor Agreement Template for New Zealand

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Key Requirements PROMPT example:

Standard Contractor Agreement

"I need a Standard Contractor Agreement for engaging a software development contractor in New Zealand, with strong IP protection clauses and the ability to subcontract, including provisions for remote work and ownership of code repositories."

Document background
The Standard Contractor Agreement serves as a foundational document for businesses in New Zealand engaging external service providers on a contractor basis. This agreement is essential when organizations require specialized services or expertise without establishing an employment relationship. It comprehensively addresses key aspects of the contractor relationship, including service scope, payment terms, legal obligations, and risk allocation, while ensuring compliance with New Zealand's regulatory framework. The document is particularly relevant in today's dynamic business environment where flexible working arrangements and specialized service provision are increasingly common. This Standard Contractor Agreement incorporates necessary provisions to protect both parties' interests while maintaining clarity on the independent nature of the relationship and compliance with relevant legislation, including tax, health and safety, and privacy requirements.
Suggested Sections

1. Parties: Identifies and provides full details of the contracting parties - the principal and the contractor

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

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules

4. Engagement and Term: Establishes the contractor's engagement, nature of the relationship, and duration of the agreement

5. Services: Outlines the specific services to be provided by the contractor

6. Contractor Obligations: Details the contractor's key responsibilities and performance standards

7. Principal's Obligations: Specifies what the principal must provide or do to enable the contractor to perform the services

8. Fees and Payment: Details the payment terms, rates, invoicing process, and expenses

9. GST and Taxation: Addresses GST requirements and tax obligations

10. Intellectual Property: Covers ownership and rights to intellectual property created during the engagement

11. Confidentiality: Protects confidential information of both parties

12. Health and Safety: Addresses health and safety obligations under NZ law

13. Liability and Insurance: Sets out liability limitations and required insurance coverage

14. Termination: Specifies how the agreement can be terminated by either party

15. General Provisions: Includes standard boilerplate clauses such as notices, amendment process, and governing law

Optional Sections

1. Non-Competition: Restricts the contractor from competing activities - only used where justified by legitimate business interests

2. Non-Solicitation: Prevents solicitation of clients or employees - included when contractor has significant client contact

3. Equipment and Resources: Details any equipment or resources provided - used when specific tools or resources are part of the engagement

4. Subcontracting: Addresses ability to subcontract - included when subcontracting might be relevant

5. Key Personnel: Identifies specific individuals who will perform the services - used for larger contractors or companies

6. Performance Reviews: Establishes review processes - included for longer-term engagements

7. Dispute Resolution: Detailed dispute resolution procedures - used for high-value or complex engagements

8. Force Majeure: Addresses unforeseen circumstances - included when service continuity is critical

Suggested Schedules

1. Schedule 1 - Services Description: Detailed description of services to be provided, including specific deliverables and timeframes

2. Schedule 2 - Fees and Payment Terms: Detailed breakdown of fees, rates, payment schedules, and expense policies

3. Schedule 3 - Key Personnel: Details of key individuals involved in service delivery, their roles and qualifications

4. Schedule 4 - Insurance Requirements: Specific insurance types and coverage levels required

5. Schedule 5 - Service Levels: Performance metrics and service level requirements

6. Appendix A - Confidential Information: Specific list of information deemed confidential

7. Appendix B - Approved Subcontractors: List of pre-approved subcontractors if applicable

8. Appendix C - Health and Safety Requirements: Specific health and safety procedures and requirements

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 legal definitions
Clauses
Relevant Industries

Information Technology

Construction

Professional Services

Healthcare

Education

Creative Industries

Engineering

Consulting

Financial Services

Manufacturing

Digital Media

Marketing and Advertising

Research and Development

Real Estate

Agriculture

Relevant Teams

Legal

Human Resources

Procurement

Finance

Operations

Project Management Office

Risk and Compliance

Commercial

Administration

Executive Leadership

Relevant Roles

Procurement Manager

Legal Counsel

HR Director

Project Manager

Operations Manager

Finance Manager

Contract Administrator

Business Development Manager

Department Head

Chief Executive Officer

Risk Manager

Compliance Officer

General Manager

Commercial Manager

Resource 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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