The Terms of Business Agreement serves as a foundational document for businesses operating in New Zealand who provide services to clients on an ongoing basis. This document is essential for establishing clear commercial relationships and is typically used when a business needs to have a standard set of terms that can apply across multiple client engagements. It incorporates requirements from New Zealand legislation and common law principles, providing a comprehensive framework for service delivery, payment terms, liability, and dispute resolution. The agreement is particularly valuable for businesses that provide professional services, consulting, or ongoing business support, as it helps manage risk and sets clear expectations for both parties. It can be customized for specific industries while maintaining compliance with New Zealand legal requirements and business practices.
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1. Parties: Identifies and provides full legal details of all parties to the agreement
2. Background: Sets out the context and purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement
4. Services: Detailed description of the services to be provided
5. Fees and Payment: Payment terms, rates, invoicing procedures, and payment methods
6. Term and Termination: Duration of the agreement and circumstances for termination
7. Obligations of Service Provider: Key responsibilities and commitments of the service provider
8. Client Obligations: Key responsibilities and commitments of the client
9. Confidentiality: Provisions for handling confidential information
10. Intellectual Property: Ownership and usage rights of intellectual property
11. Liability and Indemnity: Limitations of liability and indemnification provisions
12. Force Majeure: Provisions for unforeseen circumstances beyond parties' control
13. General Provisions: Standard legal provisions including governing law, notices, and assignment
1. Data Protection: Detailed privacy and data handling terms - include when personal data processing is involved
2. Service Levels: Specific performance metrics and standards - include for technical or managed services
3. Insurance: Insurance requirements and coverages - include for high-risk services or when required by industry standards
4. Compliance: Specific regulatory compliance obligations - include when operating in regulated industries
5. Dispute Resolution: Detailed dispute resolution procedures - include for high-value or complex services
6. Change Control: Procedures for managing changes to services - include for long-term or complex service arrangements
7. Business Continuity: Disaster recovery and business continuity provisions - include for critical services
8. Subcontracting: Terms governing use of subcontractors - include when subcontracting is likely
1. Schedule 1 - Service Description: Detailed specifications of services, deliverables, and performance standards
2. Schedule 2 - Fee Schedule: Detailed pricing, rate cards, and payment terms
3. Schedule 3 - Service Levels: Specific performance metrics, measurement methods, and remedies
4. Schedule 4 - Key Personnel: Details of key staff and their roles
5. Appendix A - Data Processing Agreement: Detailed terms for handling personal data and ensuring privacy compliance
6. Appendix B - Security Requirements: Specific security protocols and requirements
Authors
Relevant legal definitions
Clauses
Relevant Industries
Professional Services
Information Technology
Consulting
Financial Services
Legal Services
Marketing and Advertising
Business Services
Engineering
Healthcare
Education and Training
Real Estate
Construction
Manufacturing
Retail
Relevant Teams
Legal
Operations
Commercial
Sales
Business Development
Finance
Risk and Compliance
Client Services
Project Management
Account Management
Relevant Roles
CEO
Managing Director
Business Owner
General Counsel
Legal Counsel
Commercial Manager
Operations Manager
Contract Manager
Business Development Manager
Sales Director
Finance Manager
Risk Manager
Compliance Officer
Project Manager
Account Manager
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