The Development Services Agreement is essential for businesses engaging external providers for development work in New Zealand. This document is typically used when a client requires professional development services, whether for software development, system integration, or other technical solutions. It establishes the legal framework for the service relationship, covering crucial aspects such as project scope, deliverables, timelines, payment terms, and intellectual property rights. The agreement ensures compliance with New Zealand legislation, including the Contract and Commercial Law Act 2017, Fair Trading Act 1986, and Privacy Act 2020. It's particularly important for protecting both parties' interests, managing project expectations, and providing clear dispute resolution mechanisms in the context of New Zealand's legal system.
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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 used throughout the agreement and establishes interpretation rules
4. Services: Describes the development services to be provided and delivery obligations
5. Term and Timing: Specifies the duration of the agreement and key milestone dates
6. Payment Terms: Details the fees, payment schedule, and invoicing requirements
7. Intellectual Property Rights: Addresses ownership and licensing of pre-existing and newly created IP
8. Confidentiality: Establishes obligations regarding confidential information
9. Data Protection and Privacy: Sets out obligations for handling personal and sensitive data
10. Warranties: Specifies promises and assurances made by each party
11. Liability and Indemnities: Defines liability limits and indemnification obligations
12. Termination: Specifies circumstances and processes for ending the agreement
13. Force Majeure: Addresses unforeseen circumstances preventing performance
14. General Provisions: Contains standard boilerplate clauses including governing law, notices, and assignment
1. Acceptance Testing: Include when formal testing and acceptance procedures are required for deliverables
2. Change Control: Include when a formal process for managing changes to scope or specifications is needed
3. Source Code Escrow: Include when source code needs to be held in escrow for risk management
4. Service Levels: Include when specific performance metrics need to be maintained
5. Security Requirements: Include when specific security standards or certifications must be met
6. Personnel: Include when specific team members or roles need to be guaranteed
7. Insurance: Include when specific insurance coverage requirements exist
8. Disaster Recovery: Include when business continuity and disaster recovery procedures are critical
9. Third-Party Dependencies: Include when the services rely on specific third-party software or services
1. Schedule 1 - Services Specification: Detailed technical specifications and requirements for the development services
2. Schedule 2 - Charges and Payment: Detailed breakdown of fees, rates, and payment milestones
3. Schedule 3 - Service Levels: Performance metrics, measurement methods, and remedies for failure
4. Schedule 4 - Project Plan: Timeline, milestones, and delivery dates
5. Schedule 5 - Personnel: Key personnel, roles, and responsibilities
6. Schedule 6 - Testing Procedures: Acceptance testing criteria and procedures
7. Appendix A - Change Request Form: Template for requesting and documenting changes to services
8. Appendix B - Security Requirements: Detailed security standards and compliance requirements
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Digital Services
E-commerce
Financial Services
Healthcare Technology
Manufacturing
Telecommunications
Professional Services
Education Technology
Gaming and Entertainment
Retail Technology
Government and Public Sector
Construction Technology
Biotechnology
Relevant Teams
Legal
Information Technology
Procurement
Software Development
Project Management
Operations
Risk and Compliance
Commercial
Solutions Architecture
Product Development
Business Analysis
Technical Operations
Vendor Management
Relevant Roles
Chief Technology Officer
IT Director
Project Manager
Software Development Manager
Legal Counsel
Procurement Manager
Contract Manager
Technical Lead
Development Team Lead
Solutions Architect
Business Analyst
Product Owner
Operations Manager
Chief Information Officer
Commercial Manager
Risk Manager
Compliance Officer
Technology Consultant
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