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Flat Fee Agreement Template for New Zealand

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Key Requirements PROMPT example:

Flat Fee Agreement

"I need a Flat Fee Agreement for my IT consulting company based in Auckland, providing website development services to small businesses, with a standard completion timeline of 8 weeks and including provisions for three revision rounds."

Document background
A Flat Fee Agreement is essential for service providers in New Zealand who wish to offer their services on a fixed-price basis rather than charging by time or unit. This document type is particularly valuable when the scope of work is well-defined and the service provider can confidently estimate the total cost of delivery. The agreement must comply with New Zealand's Contract and Commercial Law Act 2017, Consumer Guarantees Act 1993, and Fair Trading Act 1986, ensuring both parties' interests are protected. It typically includes detailed service descriptions, payment terms, delivery timelines, and clear delineation of what is and isn't included in the flat fee. This type of agreement is commonly used by consultants, professional service providers, and contractors who prefer to offer certainty in pricing to their clients.
Suggested Sections

1. Parties: Identification of the service provider and client with full legal names and addresses

2. Background: Context of the agreement and brief overview of the arrangement

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of services covered under the flat fee arrangement

5. Fee and Payment Terms: Specification of the flat fee amount, payment schedule, and GST treatment

6. Service Provider Obligations: Detailed responsibilities and commitments of the service provider

7. Client Obligations: Client's responsibilities and commitments to enable service delivery

8. Term: Duration of the agreement and any renewal provisions

9. Termination: Circumstances and process for ending the agreement

10. Intellectual Property: Ownership and rights to any work product or materials

11. Confidentiality: Protection of confidential information shared during service delivery

12. Limitation of Liability: Extent and limits of service provider's liability

13. Dispute Resolution: Process for resolving disagreements

14. General Provisions: Standard contract clauses including governing law, notices, and assignment

Optional Sections

1. Insurance: Details of required insurance coverage - include when services involve significant risks

2. Force Majeure: Provisions for unforeseen circumstances - include when service delivery could be affected by external events

3. Variations: Process for changing scope or terms - include when service scope might need flexibility

4. Performance Metrics: Specific service levels or KPIs - include when measurable outcomes are important

5. Subcontracting: Rights and restrictions on subcontracting - include when service provider might need to delegate

6. Non-Competition: Restrictions on competitive activities - include when protecting business interests is crucial

7. Data Protection: Specific data handling requirements - include when personal or sensitive data is involved

Suggested Schedules

1. Schedule 1 - Scope of Services: Detailed breakdown of services included in the flat fee

2. Schedule 2 - Fee Structure: Detailed breakdown of the flat fee and payment milestones

3. Schedule 3 - Service Standards: Specific quality standards and expectations for service delivery

4. Appendix A - Required Documentation: List of documents required from client for service delivery

5. Appendix B - Service Exclusions: Clear listing of what is not included in the flat fee arrangement

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 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

Professional Services

Legal Services

Consulting

Information Technology

Creative Services

Accounting

Marketing

Engineering

Architecture

Business Advisory

Project Management

Digital Services

Education and Training

Financial Services

Relevant Teams

Legal

Operations

Finance

Commercial

Business Development

Client Services

Project Management

Professional Services

Contracts Administration

Risk Management

Relevant Roles

Consultant

Business Owner

Contract Manager

Legal Counsel

Project Manager

Operations Manager

Finance Manager

Professional Services Director

Managing Director

Business Development Manager

Freelancer

Independent Contractor

Account Manager

Service Delivery Manager

Commercial 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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