The Client And Contractor Agreement is essential for businesses and individuals in New Zealand engaging independent contractors for various services. This document is designed to comply with New Zealand legislation and common law requirements, providing a clear framework for contractor relationships while avoiding potential misclassification as employment relationships. It should be used whenever engaging independent contractors for professional services, consulting, project work, or ongoing business support. The agreement includes crucial elements such as service specifications, payment terms, intellectual property rights, confidentiality provisions, and compliance with tax and health and safety regulations. It's particularly important in the context of New Zealand's regulatory environment, which requires clear distinction between contractors and employees.
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1. Parties: Identifies and provides full legal details of the client and contractor
2. Background: Outlines the context of the agreement and the parties' intentions
3. Definitions: Defines key terms used throughout the agreement
4. Engagement and Status: Confirms the contractor's engagement and independent contractor status
5. Services: Describes the services to be provided by the contractor
6. Term: Specifies the duration of the agreement
7. Contractor Obligations: Details the contractor's duties, responsibilities and service standards
8. Client Obligations: Outlines what the client must provide or do to enable the contractor to perform the services
9. Fees and Payment: Specifies payment terms, rates, invoicing procedures and GST requirements
10. Health and Safety: Addresses health and safety obligations under NZ law
11. Confidentiality: Protects confidential information of both parties
12. Intellectual Property: Addresses ownership and use of intellectual property
13. Insurance: Specifies required insurance coverage
14. Liability and Indemnity: Sets out liability limitations and indemnification obligations
15. Termination: Details how the agreement can be terminated by either party
16. General Provisions: Contains standard legal provisions including governing law, notices, and dispute resolution
1. Performance Standards: Detailed quality metrics and KPIs for measuring contractor performance - use when specific performance measures are required
2. Equipment and Resources: Specifies who provides what equipment and resources - include when there are significant equipment requirements
3. Subcontracting: Rules around engaging subcontractors - include if subcontracting might be needed
4. Non-Competition: Restrictions on working with competitors - include for sensitive industries or specialized services
5. Force Majeure: Provisions for unforeseen circumstances - important for long-term or high-value contracts
6. Data Protection: Specific provisions for handling personal or sensitive data - include when dealing with personal information
7. Change Control: Process for managing changes to services or terms - useful for complex or long-term engagements
8. Compliance with Policies: Requirements to comply with client policies - include when contractor works on client premises or with client systems
1. Schedule 1 - Services Description: Detailed specification of services to be provided
2. Schedule 2 - Fees and Payment Terms: Detailed breakdown of fees, rates, and payment schedules
3. Schedule 3 - Key Personnel: Details of main contractor personnel delivering services
4. Schedule 4 - Service Levels: Specific performance metrics and service level requirements
5. Schedule 5 - Insurance Requirements: Detailed insurance requirements and minimum coverage levels
6. Appendix A - Client Policies: Relevant client policies the contractor must comply with
7. Appendix B - Change Request Form: Template for requesting and documenting changes to services
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Construction
Professional Services
Consulting
Creative Industries
Engineering
Healthcare
Education
Financial Services
Manufacturing
Retail
Real Estate
Marketing and Advertising
Transportation and Logistics
Relevant Teams
Legal
Procurement
Human Resources
Finance
Operations
Project Management
Risk and Compliance
Commercial
Administration
Executive Leadership
Relevant Roles
Procurement Manager
Legal Counsel
HR Director
Project Manager
Operations Manager
Finance Manager
Contract Administrator
Business Development Manager
Department Head
Commercial Manager
Risk Manager
Compliance Officer
Managing Director
Chief Executive Officer
Chief Financial Officer
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