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Terms Of Engagement Contract Template for New Zealand

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Key Requirements PROMPT example:

Terms Of Engagement Contract

"I need a Terms of Engagement Contract for my IT consulting firm based in Auckland, providing software development services to enterprise clients, with specific clauses for intellectual property protection and data security compliance."

Document background
The Terms of Engagement Contract is a fundamental document used in New Zealand business relationships to establish clear parameters for professional service delivery. This document is essential when engaging external service providers, consultants, or professional firms, providing a legally robust framework that complies with New Zealand law. It should be used whenever a business or individual is engaging professional services, whether for ongoing work or specific projects. The contract typically includes detailed provisions for service scope, fees, intellectual property rights, confidentiality, and liability, while ensuring compliance with relevant New Zealand legislation such as the Contract and Commercial Law Act 2017 and the Fair Trading Act 1986. It serves as a crucial risk management tool by clearly defining the obligations and expectations of all parties involved.
Suggested Sections

1. Parties: Identifies and provides full legal details of all parties to the agreement

2. Background: Provides context for the engagement and summarizes the purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Scope of Services: Detailed description of the services to be provided

5. Term and Commencement: Specifies the duration of the engagement and start date

6. Fees and Payment Terms: Details the fee structure, payment schedule, and invoicing requirements

7. Obligations of Service Provider: Lists the key responsibilities and obligations of the service provider

8. Client Obligations: Outlines the responsibilities and obligations of the client

9. Confidentiality: Specifies confidentiality obligations and handling of sensitive information

10. Intellectual Property: Addresses ownership and usage rights of intellectual property

11. Liability and Indemnity: Sets out liability limitations and indemnification provisions

12. Termination: Details the circumstances and process for ending the engagement

13. Dispute Resolution: Outlines the process for resolving disputes between parties

14. General Provisions: Contains standard boilerplate clauses including governing law, notices, and assignment

Optional Sections

1. Insurance: Required when specific insurance coverage needs to be maintained by either party

2. Health and Safety: Necessary when services involve on-site work or physical presence

3. Data Protection: Required when the engagement involves handling personal or sensitive data

4. Service Levels: Include when specific performance metrics or standards need to be maintained

5. Subcontracting: Necessary when the service provider may need to engage subcontractors

6. Force Majeure: Include when parties want to address circumstances beyond their control

7. Non-Solicitation: Required when parties wish to prevent poaching of staff or clients

8. Compliance with Laws: Include when specific regulatory compliance needs to be addressed

Suggested Schedules

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

2. Schedule 2: Fee Schedule: Detailed fee structure, rates, and payment terms

3. Schedule 3: Service Levels: Specific performance metrics and service level requirements

4. Schedule 4: Key Personnel: List of key staff members involved in providing the services

5. Appendix A: Required Insurance Coverage: Details of insurance types and coverage levels required

6. Appendix B: Compliance Requirements: Specific regulatory or industry compliance requirements

7. Appendix C: Report Templates: Standard templates for reporting and documentation

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 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

Consulting

Legal Services

Accounting and Finance

Information Technology

Business Advisory

Engineering

Architecture

Healthcare Services

Marketing and Communications

Management Consulting

Environmental Services

Education and Training

Real Estate Services

Relevant Teams

Legal

Operations

Procurement

Risk and Compliance

Commercial

Finance

Human Resources

Business Development

Contract Administration

Professional Services

Executive Leadership

Relevant Roles

Legal Counsel

Contract Manager

Business Development Manager

Operations Manager

Project Manager

Procurement Manager

Risk Manager

Compliance Officer

Managing Director

Chief Executive Officer

Chief Operating Officer

Commercial Manager

Finance Manager

Human Resources Manager

Department Head

Practice Manager

Professional Services Director

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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