Terms And Conditions Of Service Agreement Template for New Zealand

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Key Requirements PROMPT example:

Terms And Conditions Of Service Agreement

"I need a Terms and Conditions of Service Agreement for my New Zealand-based digital marketing agency that will be providing social media management and content creation services to small businesses, with specific focus on data protection and intellectual property rights."

Document background
The Terms and Conditions of Service Agreement serves as a foundational document for businesses operating in New Zealand that provide services to customers, whether they are consumers or other businesses. This document is essential for establishing clear contractual relationships and protecting both parties' interests while ensuring compliance with New Zealand legislation. It should be used whenever a business begins offering services to customers and needs to establish standard terms of engagement. The agreement covers crucial aspects such as service scope, payment terms, liability limitations, and data protection, while incorporating requirements from relevant New Zealand laws including the Fair Trading Act 1986 and Consumer Guarantees Act 1993. Regular reviews and updates are recommended to maintain compliance with evolving legislation and business needs.
Suggested Sections

1. Parties: Identification of the service provider and description of the customer/client categories

2. Background: Context of the agreement and brief description of the services offered

3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement

4. Services: Detailed description of services provided and service delivery terms

5. Customer Obligations: Customer responsibilities and requirements for receiving services

6. Fees and Payment: Pricing, payment terms, invoicing, and late payment consequences

7. Term and Termination: Duration of agreement, renewal terms, and termination conditions

8. Intellectual Property: Ownership and usage rights of IP related to the services

9. Confidentiality: Protection and handling of confidential information

10. Privacy and Data Protection: Compliance with Privacy Act 2020 and data handling procedures

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

12. Dispute Resolution: Process for handling disputes and applicable jurisdiction

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

Optional Sections

1. Service Level Agreement: Include when specific service levels and performance metrics need to be guaranteed

2. Force Majeure: Include for services that may be affected by events beyond reasonable control

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

4. Compliance with Laws: Include when service involves regulated industries or specific compliance requirements

5. Subcontracting: Include when provider may need to subcontract certain services

6. Anti-Money Laundering: Include for financial or regulated services

7. Consumer Guarantees Act: Include specific provisions when contracting out of CGA for business customers

8. Website and Platform Usage: Include for digital services or online platforms

Suggested Schedules

1. Schedule 1 - Service Description: Detailed specifications of services offered

2. Schedule 2 - Fee Schedule: Detailed pricing structure and payment terms

3. Schedule 3 - Service Levels: Performance metrics and service level commitments

4. Appendix A - Acceptable Use Policy: Guidelines for appropriate use of services

5. Appendix B - Privacy Policy: Detailed privacy and data protection procedures

6. Appendix C - Technical Requirements: Technical specifications or requirements for service use

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
Relevant Industries

Technology

Professional Services

Consulting

Software and SaaS

Healthcare

Education

Financial Services

Telecommunications

Digital Marketing

Business Services

Legal Services

Creative Industries

Information Technology

Engineering

Property Services

Relevant Teams

Legal

Compliance

Operations

Commercial

Sales

Customer Success

Risk Management

Business Development

Service Delivery

Account Management

Corporate Governance

Relevant Roles

Legal Counsel

Contract Manager

Business Development Manager

Operations Manager

Compliance Officer

Risk Manager

Commercial Director

Chief Legal Officer

Service Delivery Manager

Account Manager

Sales Director

Customer Success Manager

General Manager

Chief Executive Officer

Chief Operations Officer

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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