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Design Services Agreement Template for New Zealand

A comprehensive legal agreement governed by New Zealand law that establishes the terms and conditions under which design services will be provided. This document outlines the scope of design services, deliverables, intellectual property rights, payment terms, and professional obligations of both the designer and client. It includes provisions compliant with New Zealand legislation, including the Contract and Commercial Law Act 2017, Copyright Act 1994, and Fair Trading Act 1986, ensuring proper protection for both parties while maintaining professional standards in the design industry.

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What is a Design Services Agreement?

The Design Services Agreement is a essential legal document used when engaging professional design services in New Zealand. It is particularly relevant when a business, organization, or individual requires professional design services and needs to establish clear terms of engagement. This agreement covers crucial aspects such as service scope, intellectual property rights, payment terms, and professional obligations, while ensuring compliance with New Zealand legislation. The document is structured to protect both the designer's and client's interests, providing clear guidelines for project execution, deliverables, and dispute resolution. It's especially important for establishing professional relationships in various design fields, from architectural to digital design services, and can be customized based on specific project requirements and complexity.

What sections should be included in a Design Services Agreement?

1. Parties: Identifies and provides full details of the contracting parties - the design service provider and the client

2. Background: Sets out the context of the agreement and the parties' intention to enter into a design services arrangement

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

4. Scope of Services: Detailed description of the design services to be provided, including deliverables and exclusions

5. Term and Timing: Duration of the agreement and key project milestones or deadlines

6. Fees and Payment: Payment terms, fee structure, expenses, and invoicing procedures

7. Designer's Obligations: Key responsibilities and standards of service expected from the designer

8. Client's Obligations: Client's responsibilities including providing information, materials, and approvals

9. Intellectual Property Rights: Ownership and licensing of designs and other intellectual property created during the service

10. Confidentiality: Protection of confidential information shared during the project

11. Liability and Insurance: Limitation of liability, indemnities, and required insurance coverage

12. Termination: Circumstances and process for ending the agreement

13. General Provisions: Standard contractual provisions including notices, assignment, and governing law

What sections are optional to include in a Design Services Agreement?

1. Project Management: Include when the project requires specific management processes, reporting structures, or team coordination

2. Variations: Include for complex projects where scope changes are likely and need a formal process

3. Third Party Contractors: Include when subcontractors or other third parties will be involved in delivering the services

4. Site Access and Safety: Include when design services require on-site work or site visits

5. Quality Assurance: Include when specific quality standards or review processes are required

6. Non-Solicitation: Include to prevent parties from hiring each other's employees during and after the project

7. Export Control: Include when designs may be subject to international use or export restrictions

8. Force Majeure: Include when specific provisions for unforeseen events affecting service delivery are needed

What schedules should be included in a Design Services Agreement?

1. Schedule 1: Scope of Services: Detailed breakdown of services, deliverables, and technical specifications

2. Schedule 2: Fee Schedule: Detailed fee structure, rates, payment milestones, and expense categories

3. Schedule 3: Project Timeline: Detailed project program including milestones, deadlines, and delivery dates

4. Schedule 4: Key Personnel: Details of key team members and their roles in the project

5. Schedule 5: Client Materials: List of materials, information, and resources to be provided by the client

6. Schedule 6: Design Brief: Detailed client requirements and design specifications

7. Appendix A: Required Forms: Standard forms for project management, such as variation requests or approval forms

8. Appendix B: Insurance Certificates: Copies of required insurance certificates and coverage details

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

New Zealand

Document Type

Service Agreement

Cost

Free to use

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