This document serves as a comprehensive Time and Materials Billing contract template tailored for the New Zealand legal framework. It is specifically designed for situations where the exact scope, duration, or resource requirements of services cannot be precisely determined at the outset. The agreement is commonly used in professional services, construction, IT, and consulting sectors where work effort and material costs vary based on project needs. It includes essential provisions required under New Zealand law, including GST requirements, fair trading provisions, and consumer protection measures where applicable. The contract structure allows for detailed time tracking, material cost documentation, approval processes, and clear billing procedures, making it suitable for both short-term projects and ongoing service arrangements. This template is particularly valuable for businesses that need flexibility in service delivery while maintaining transparent cost structures and clear accountability.
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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: Defines key terms used throughout the agreement
4. Scope of Services: Detailed description of services to be provided under the time and materials arrangement
5. Time and Materials Billing Structure: Defines the billing methodology, including hourly rates, material costs, and markup calculations
6. Payment Terms: Specifies payment timeframes, invoicing frequency, and payment methods
7. Personnel and Resources: Details about key personnel, their roles, and resource allocation
8. Time Recording and Reporting: Procedures for recording time, approval processes, and reporting requirements
9. Service Standards: Expected quality standards and performance metrics
10. Variations and Changes: Process for handling changes to scope or rates
11. Term and Termination: Duration of agreement and termination provisions
12. General Terms: Standard legal provisions including governing law, notices, and dispute resolution
1. Intellectual Property Rights: Include when services involve creation of intellectual property or use of existing IP
2. Confidentiality: Detailed confidentiality provisions when sensitive information is involved
3. Insurance Requirements: Specific insurance obligations for high-risk or regulated services
4. Service Level Agreement: Include for services requiring specific performance metrics or response times
5. Security Requirements: For services involving access to sensitive systems or data
6. Compliance Requirements: For services in regulated industries or requiring specific compliance measures
7. Business Continuity: For critical services requiring disaster recovery or continuity planning
1. Schedule 1 - Rate Card: Detailed breakdown of hourly rates by role/level and standard markup percentages
2. Schedule 2 - Key Personnel: Details of key team members, their roles, and rates
3. Schedule 3 - Detailed Scope of Services: Comprehensive description of services, deliverables, and exclusions
4. Schedule 4 - Time Recording Procedures: Detailed procedures for time recording, approval, and supporting documentation
5. Schedule 5 - Approved Materials and Suppliers: List of pre-approved materials and suppliers with agreed pricing
6. Appendix A - Time Sheet Template: Standard template for recording and submitting time
7. Appendix B - Progress Report Template: Template for regular progress reporting and cost tracking
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Construction
Engineering
Professional Services
Consulting
Architecture
Manufacturing
Research and Development
Software Development
Industrial Services
Maintenance Services
Project Management
Relevant Teams
Legal
Procurement
Finance
Operations
Commercial
Project Management
Business Development
Account Management
Service Delivery
Contracts Administration
Relevant Roles
Legal Counsel
Contract Manager
Project Manager
Commercial Manager
Procurement Manager
Business Development Manager
Operations Manager
Finance Manager
Account Manager
Service Delivery Manager
Professional Services Director
Chief Financial Officer
Chief Operating Officer
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