The Service Delivery Agreement is a fundamental commercial contract used when one party (the service provider) agrees to provide specific services to another party (the client) under New Zealand law. This document is essential for businesses engaged in service provision, whether in technology, consulting, maintenance, or other service sectors. It should be used whenever there is a need to formally document service arrangements, establishing clear expectations, responsibilities, and commercial terms. The agreement ensures compliance with New Zealand legislation, including the Contract and Commercial Law Act 2017, Fair Trading Act, and relevant industry regulations. It typically includes detailed service specifications, performance standards, payment terms, and risk allocation provisions, making it suitable for both straightforward and complex service arrangements.
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1. Parties: Identifies and provides full legal details of all parties to the agreement
2. Background: Sets out the context and purpose of the agreement
3. Definitions and Interpretation: Defines key terms and establishes interpretation rules
4. Term and Commencement: Specifies the duration of the agreement and start date
5. Services: Describes the services to be provided and service standards
6. Service Provider's Obligations: Details the key responsibilities and commitments of the service provider
7. Client's Obligations: Outlines the client's responsibilities and commitments
8. Fees and Payment: Specifies pricing, payment terms, and invoicing procedures
9. Intellectual Property: Addresses ownership and usage rights of IP created or used in service delivery
10. Confidentiality: Establishes confidentiality obligations and permitted disclosures
11. Liability and Indemnity: Sets out liability limitations and indemnification provisions
12. Termination: Specifies termination rights and procedures
13. General Provisions: Contains standard boilerplate clauses including notices, governing law, and dispute resolution
1. Service Levels: Detailed service level requirements and KPIs - use when specific performance metrics are required
2. Data Protection and Privacy: Detailed privacy obligations - include when personal data is processed
3. Business Continuity: Business continuity and disaster recovery requirements - for critical services
4. Change Control: Formal process for managing changes - for complex or long-term services
5. Audit Rights: Client's rights to audit service provider - for regulated industries or critical services
6. Insurance: Specific insurance requirements - for high-risk services
7. Personnel: Requirements for service provider's staff - when specific qualifications or clearances are needed
8. Transition and Exit: Transition in/out provisions - for complex services requiring handover
1. Schedule 1 - Service Description: Detailed specification of services to be provided
2. Schedule 2 - Charges and Payment: Detailed pricing, rate cards, and payment mechanisms
3. Schedule 3 - Service Levels: Detailed service levels, KPIs, and measurement methodology
4. Schedule 4 - Client Dependencies: Detailed list of client-provided items and responsibilities
5. Schedule 5 - Key Personnel: Details of key staff and their roles
6. Schedule 6 - Approved Subcontractors: List of approved subcontractors and their roles
7. Schedule 7 - Change Control Procedure: Detailed process for managing contract and service changes
8. Appendix A - Form of Change Order: Template for documenting agreed changes
9. Appendix B - Service Reports: Templates for service reporting
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Professional Services
Consulting
Facilities Management
Business Process Outsourcing
Healthcare Services
Education and Training
Engineering Services
Financial Services
Maintenance Services
Telecommunications
Marketing and Advertising
Relevant Teams
Legal
Procurement
Operations
Commercial
Finance
Risk and Compliance
Business Development
Project Management
Account Management
Service Delivery
Relevant Roles
Legal Counsel
Contract Manager
Procurement Manager
Operations Director
Commercial Manager
Business Development Manager
Project Manager
Account Manager
Service Delivery Manager
Risk Manager
Compliance Officer
Chief Operating Officer
Chief Financial Officer
General Manager
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