The Consulting Agreement Contract is a fundamental legal document used in New Zealand business relationships where professional consulting services are required. This agreement is essential when engaging external expertise on a project or ongoing basis, establishing clear boundaries between independent contractors and employees. The document addresses key aspects required under New Zealand law, including services scope, payment terms, GST considerations, intellectual property rights, and privacy obligations. It's particularly important for maintaining compliance with New Zealand's Contract and Commercial Law Act 2017, Fair Trading Act 1986, and relevant tax legislation. The agreement should be customized based on the specific consulting arrangement while maintaining its core legal requirements and protections for both parties.
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1. Parties: Identifies and provides full legal details of the consultant and the client
2. Background: Outlines the context of the agreement, including the client's needs and consultant's qualifications
3. Definitions: Defines key terms used throughout the agreement
4. Scope of Services: Detailed description of the consulting services to be provided
5. Term and Engagement: Specifies the duration of the agreement and nature of the engagement
6. Fees and Payment Terms: Details the consultant's fees, payment schedule, and reimbursement terms
7. Consultant's Obligations: Lists the specific duties and responsibilities of the consultant
8. Client's Obligations: Outlines the client's responsibilities and commitments
9. Intellectual Property: Addresses ownership and rights to work products and pre-existing IP
10. Confidentiality: Defines confidential information and obligations to maintain confidentiality
11. Independent Contractor Status: Clarifies that the consultant is an independent contractor, not an employee
12. Liability and Indemnification: Sets out liability limitations and indemnification obligations
13. Termination: Specifies conditions and procedures for ending the agreement
14. General Provisions: Standard legal clauses including governing law, notices, and assignment
1. Non-Compete: Restricts consultant from working with competitors (use when protecting market position is crucial)
2. Insurance: Specifies required insurance coverage (use for high-risk or regulated industries)
3. Performance Metrics: Defines specific KPIs and performance standards (use for results-based engagements)
4. Dispute Resolution: Details specific dispute resolution procedures (use for high-value or complex engagements)
5. Compliance with Laws: Specific regulatory compliance requirements (use in regulated industries)
6. Force Majeure: Addresses unforeseen circumstances preventing performance (use for long-term engagements)
7. Data Protection: Specific data handling requirements (use when personal or sensitive data is involved)
8. Subcontracting: Terms for engaging subcontractors (use when subcontracting might be needed)
1. Schedule 1: Services Description: Detailed breakdown of services, deliverables, and timelines
2. Schedule 2: Fee Schedule: Detailed fee structure, rates, and payment milestones
3. Schedule 3: Key Personnel: Lists key personnel assigned to the project and their roles
4. Schedule 4: Service Levels: Specific performance standards and metrics if applicable
5. Appendix A: Project Timeline: Detailed project phases and deadlines
6. Appendix B: Required Reports: Templates and specifications for required reporting
7. Appendix C: Client Policies: Relevant client policies the consultant must comply with
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