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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."
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
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
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
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
Legal
Operations
Procurement
Risk and Compliance
Commercial
Finance
Human Resources
Business Development
Contract Administration
Professional Services
Executive Leadership
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
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