The Billing Agreement serves as a fundamental document for businesses operating in New Zealand that provide recurring services or require regular payment arrangements with their customers. This document is essential when establishing ongoing financial relationships and needs to comply with New Zealand's commercial and consumer protection laws. The agreement typically includes detailed terms about payment schedules, methods of payment, late payment consequences, and dispute resolution procedures. It should be used whenever a business needs to formalize recurring billing arrangements, whether for subscription services, ongoing professional services, or regular supply arrangements. The Billing Agreement must incorporate requirements from various New Zealand regulations, including the Contract and Commercial Law Act 2017, Fair Trading Act 1986, and Privacy Act 2020, particularly regarding payment terms and handling of customer information.
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1. Parties: Identification of the service provider and the customer, including full legal names, addresses, and registration details if applicable
2. Background: Context of the billing relationship, brief description of the services or products being billed for
3. Definitions: Definitions of key terms used throughout the agreement
4. Billing Terms: Details of charges, billing frequency, payment methods, and due dates
5. Payment Obligations: Customer's obligations regarding payment, including timing and acceptable payment methods
6. Late Payment and Default: Consequences of late payment, including interest charges and collection procedures
7. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
8. Dispute Resolution: Process for handling billing disputes and general disagreements
9. Privacy and Data Protection: Handling of customer's personal and payment information
10. General Provisions: Standard contract clauses including governing law, notices, and amendments
1. Credit Terms: Include when credit facilities are offered to the customer
2. Variable Pricing: Include when prices may vary based on usage, time, or other factors
3. Multiple Service Locations: Include when billing covers services at multiple customer locations
4. Third Party Billing: Include when billing may be directed to or handled by third parties
5. GST and Tax Provisions: Detailed section needed for business-to-business agreements or complex tax arrangements
6. Service Level Credits: Include when billing may be adjusted based on service performance levels
7. Group Billing Arrangements: Include when dealing with corporate groups or multiple related entities
1. Schedule 1 - Fee Schedule: Detailed breakdown of all fees, charges, and pricing structures
2. Schedule 2 - Payment Methods: Detailed information about accepted payment methods and processing details
3. Schedule 3 - Service Specifications: Details of services or products being billed for
4. Schedule 4 - Special Rate Conditions: Any special rates, discounts, or promotional pricing arrangements
5. Appendix A - Direct Debit Authority: Direct debit authorization form and terms
6. Appendix B - Credit Application Form: Credit application form and assessment criteria if credit terms are offered
7. Appendix C - Contact Details: List of key contacts for billing, technical support, and account management
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