This Customer Contract template is designed for use by businesses operating in New Zealand that provide goods or services to consumers. It serves as a foundational agreement that establishes the commercial relationship between a service provider and its customers, while ensuring compliance with New Zealand's consumer protection framework. The document is particularly relevant when establishing ongoing service relationships or significant one-time transactions that require clear terms and conditions. It incorporates mandatory consumer protections required under New Zealand law, including those specified in the Consumer Guarantees Act 1993 and Fair Trading Act 1986, while also protecting the business's interests through appropriate risk allocation and clear operational terms.
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1. Parties: Identifies and provides full legal details of the service provider and customer
2. Background: Explains the context and purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement
4. Services: Detailed description of the products or services being provided
5. Fees and Payment: Pricing, payment terms, invoicing, and payment methods
6. Term and Termination: Duration of the agreement and circumstances for termination
7. Customer Obligations: Customer's responsibilities and commitments
8. Provider Obligations: Provider's responsibilities and commitments
9. Warranties: Warranties provided, including statutory guarantees under Consumer Guarantees Act
10. Limitation of Liability: Limits on liability compliant with NZ law
11. Confidentiality: Protection of confidential information
12. Privacy: Handling of personal information under Privacy Act 2020
13. Dispute Resolution: Process for resolving disputes
14. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Intellectual Property: Include when IP rights need to be addressed, such as when custom solutions are developed
2. Service Levels: Include when specific performance metrics and standards need to be maintained
3. Data Security: Include when the service involves significant data handling or storage
4. Insurance: Include when specific insurance requirements need to be maintained
5. Force Majeure: Include when need to address circumstances beyond parties' control
6. Change Management: Include when services may need modification during the contract term
7. Compliance: Include when specific regulatory compliance obligations need to be addressed
8. Territory Restrictions: Include when services are limited to specific geographic areas
1. Schedule 1 - Service Description: Detailed technical specifications of services
2. Schedule 2 - Pricing Schedule: Detailed pricing structure, rates, and payment terms
3. Schedule 3 - Service Levels: Specific performance metrics and measurement criteria
4. Schedule 4 - Personal Information Handling: Detailed privacy and data handling procedures
5. Schedule 5 - Special Conditions: Any special terms or conditions specific to the customer
6. Appendix A - Definitions: Extended definitions if too lengthy for main agreement
7. Appendix B - Contact Details: Key contacts and notice details for both parties
Relevant legal definitions
Clauses
Relevant Industries
Retail
Professional Services
Technology
Financial Services
Healthcare
Education
Telecommunications
Utilities
Manufacturing
Construction
Hospitality
Transportation
Real Estate
Entertainment
Relevant Teams
Legal
Commercial
Sales
Customer Service
Compliance
Risk Management
Operations
Contract Administration
Account Management
Business Development
Customer Success
Relevant Roles
Legal Counsel
Commercial Manager
Business Development Manager
Sales Director
Customer Service Manager
Compliance Officer
Risk Manager
Operations Manager
Contract Administrator
Account Manager
General Manager
Chief Executive Officer
Chief Operating Officer
Chief Commercial Officer
Customer Success Manager
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