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Usage Agreement

Usage Agreement Template for New Zealand

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Key Requirements PROMPT example:

Usage Agreement

"I need a Usage Agreement for my new SaaS platform launching in March 2025, which will provide AI-powered analytics services to enterprise clients in New Zealand, with specific emphasis on data protection and API usage terms."

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Document background
The Usage Agreement serves as a fundamental legal instrument in New Zealand's digital and service economy, establishing the contractual relationship between service providers and users. This document is essential when offering any form of service, platform, or product that users need to access under specific terms and conditions. The Usage Agreement incorporates key requirements from New Zealand legislation, including the Contract and Commercial Law Act 2017, Privacy Act 2020, and Fair Trading Act 1986, ensuring that both providers' and users' interests are protected while maintaining compliance with local regulations. It typically covers access rights, usage limitations, data protection, intellectual property rights, and liability provisions, making it particularly relevant for digital services, software platforms, and online applications.
Suggested Sections

1. Parties: Identifies and defines the parties to the agreement - typically the service provider and the user

2. Background: Provides context for the agreement and describes the service or product being offered

3. Definitions: Defines key terms used throughout the agreement

4. Grant of License: Specifies the rights granted to the user and the scope of permitted usage

5. Terms of Use: Details the basic conditions and requirements for using the service or product

6. User Obligations: Outlines the user's responsibilities and restrictions on use

7. Provider Obligations: Specifies the service provider's commitments and responsibilities

8. Fees and Payment: Details any costs, payment terms, and billing procedures

9. Privacy and Data Protection: Addresses how user data is collected, used, and protected in compliance with the Privacy Act 2020

10. Intellectual Property: Clarifies ownership and rights regarding intellectual property

11. Limitation of Liability: Sets out the extent and limitations of the provider's liability

12. Term and Termination: Specifies the duration of the agreement and conditions for termination

13. General Provisions: Contains standard legal provisions including governing law, notices, and assignment

Optional Sections

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

2. API Terms: Include when the usage agreement involves API access or integration

3. Content Guidelines: Include when users can create, upload, or modify content

4. Third-Party Services: Include when the service integrates with or relies on third-party providers

5. Geographic Restrictions: Include when service availability varies by location

6. Enterprise Terms: Include for business or enterprise-level users with additional requirements

7. Beta Services: Include when offering beta or trial features

8. Dispute Resolution: Include when specific dispute resolution procedures beyond standard legal processes are required

Suggested Schedules

1. Schedule 1 - Service Description: Detailed description of the service features and functionality

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, charges, and payment terms

3. Schedule 3 - Technical Requirements: Technical specifications and requirements for using the service

4. Schedule 4 - Support Services: Details of support services, including response times and procedures

5. Appendix A - Acceptable Use Policy: Detailed guidelines for acceptable use of the service

6. Appendix B - Privacy Policy: Detailed privacy policy and data handling procedures

7. Appendix C - Service Level Metrics: Specific performance metrics and service level commitments

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 Industries

Technology

Software Development

Digital Services

E-commerce

Cloud Computing

Media and Entertainment

Financial Services

Healthcare Technology

Education Technology

Professional Services

Telecommunications

SaaS (Software as a Service)

Mobile Applications

Online Platforms

Relevant Teams

Legal

Compliance

Product Development

Information Technology

Customer Success

Operations

Risk Management

Commercial

Privacy

Software Development

Business Development

Contract Administration

Relevant Roles

Legal Counsel

Product Manager

Compliance Officer

Privacy Officer

Commercial Manager

Business Development Manager

IT Manager

Software Development Manager

Chief Technology Officer

Chief Legal Officer

Risk Manager

Operations Manager

Customer Success Manager

Contract Administrator

Digital Services Manager

Industries
Contract and Commercial Law Act 2017: Primary legislation governing contract formation, interpretation, and enforcement in New Zealand. Particularly relevant for terms and conditions, formation of agreement, and electronic transactions.
Consumer Guarantees Act 1993: Provides statutory guarantees for goods and services supplied to consumers, ensuring minimum standards of quality and fitness for purpose in consumer transactions.
Fair Trading Act 1986: Prohibits misleading and deceptive conduct in trade, ensuring transparency and fairness in commercial transactions and agreements.
Privacy Act 2020: Governs the collection, use, and disclosure of personal information, essential for usage agreements that involve handling user data.
Copyright Act 1994: Protects intellectual property rights and governs how copyrighted material can be used, particularly relevant if the usage agreement involves content or software.
Disputes Tribunal Act 1988: Provides a framework for resolving disputes between parties, relevant for including dispute resolution clauses in the agreement.
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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