The Service Contract Proposal is a crucial business document used in New Zealand when a service provider wishes to formally propose service arrangements to a potential client. This document serves as both a commercial proposal and a preliminary contractual framework, incorporating key elements required under New Zealand law. It typically precedes the final service agreement and includes detailed specifications of services, commercial terms, performance standards, and compliance requirements. The document is structured to align with New Zealand commercial legislation, including the Contract and Commercial Law Act 2017, Fair Trading Act 1986, and Consumer Guarantees Act 1993, while providing sufficient flexibility for negotiation and customization based on specific service requirements.
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1. Parties: Identification of the service provider and the potential client, including full legal names and addresses
2. Background: Context of the proposal, including brief description of the service provider's business and the client's requirements
3. Definitions: Key terms used throughout the proposal defined for clarity and certainty
4. Scope of Services: Detailed description of the proposed services to be provided
5. Term: Proposed duration of the service agreement, including start date and any renewal options
6. Fees and Payment Terms: Proposed fee structure, payment schedule, and payment methods
7. Service Provider's Obligations: Key commitments and responsibilities of the service provider
8. Client's Obligations: Expected commitments and responsibilities of the client
9. Service Levels: Performance standards and metrics for service delivery
10. Intellectual Property: Ownership and usage rights of any IP created or used in providing the services
11. Confidentiality: Protection of confidential information exchanged during the engagement
12. Liability and Insurance: Proposed liability limitations and insurance requirements
13. Termination: Conditions and process for ending the service relationship
14. Acceptance Process: Steps for the client to accept the proposal and form a binding agreement
1. Change Management: Process for managing changes to scope or requirements - include for complex or long-term services
2. Data Protection: Specific provisions for handling personal data - include when services involve processing personal information
3. Disaster Recovery: Business continuity and disaster recovery procedures - include for critical services
4. Transition Services: Provisions for transitioning services in or out - include for complex operational services
5. Compliance Requirements: Specific regulatory compliance obligations - include for regulated industries
6. Sub-contracting: Terms for engaging subcontractors - include if subcontractors may be used
7. Environmental Requirements: Environmental standards and commitments - include for services with environmental impact
8. Health and Safety: Specific health and safety requirements - include for on-site or physical services
1. Schedule 1 - Detailed Service Specifications: Comprehensive technical or operational details of the services to be provided
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and charging mechanisms
3. Schedule 3 - Service Levels and KPIs: Detailed performance metrics, measurement methods, and reporting requirements
4. Schedule 4 - Implementation Plan: Proposed timeline and milestones for service implementation
5. Schedule 5 - Required Personnel: Key personnel to be involved in service delivery and their qualifications
6. Appendix A - Insurance Requirements: Detailed insurance types and coverage levels required
7. Appendix B - Compliance Certificates: Copies of relevant compliance certifications and licenses
8. Appendix C - Standard Operating Procedures: Detailed procedures for service delivery and quality control
Authors
Relevant legal definitions
Clauses
Relevant Industries
Professional Services
Information Technology
Consulting
Facilities Management
Business Process Outsourcing
Healthcare Services
Engineering Services
Financial Services
Environmental Services
Education and Training
Construction Services
Maintenance Services
Legal Services
Marketing Services
Relevant Teams
Legal
Commercial
Procurement
Operations
Business Development
Sales
Service Delivery
Compliance
Risk Management
Finance
Project Management
Relevant Roles
Commercial Manager
Contract Manager
Procurement Manager
Business Development Manager
Operations Manager
Service Delivery Manager
Legal Counsel
Compliance Officer
Project Manager
Account Manager
Sales Director
Chief Operating Officer
Business Unit Head
Risk Manager
Finance Manager
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