This Fee Agreement template is designed for use in New Zealand business contexts where professional services are being provided for a fee. The document is particularly useful for consultants, professional service firms, and businesses that need to formalize their fee arrangements with clients. It includes essential provisions required under New Zealand law, including those mandated by the Contract and Commercial Law Act 2017 and Fair Trading Act 1986. The Fee Agreement covers key aspects such as service scope, fee structure, payment terms, GST considerations, and service provider obligations. It's suitable for both one-off projects and ongoing service arrangements, and can be customized to accommodate different fee structures including fixed fees, hourly rates, or milestone-based payments.
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1. Parties: Identifies and provides full details of all parties to the agreement
2. Background: Sets out the context and purpose of the agreement, including brief description of the services to be provided
3. Definitions: Defines key terms used throughout the agreement
4. Scope of Services: Detailed description of the services to be provided under the agreement
5. Fees and Payment Terms: Specifies the fees, payment schedule, payment methods, and any conditions attached to payments
6. Invoicing and Payment: Details the invoicing process, frequency, and payment requirements
7. Term and Termination: Specifies the duration of the agreement and circumstances under which it can be terminated
8. Obligations of the Service Provider: Lists the responsibilities and commitments of the party providing the services
9. Obligations of the Client: Lists the responsibilities and commitments of the client
10. Confidentiality: Provisions regarding the handling of confidential information
11. Liability and Indemnification: Sets out the liability limitations and indemnification obligations
12. General Provisions: Standard legal provisions including governing law, notices, and entire agreement clause
1. Service Levels: Include when specific performance metrics or service standards need to be met
2. Intellectual Property: Include when services involve creation or use of intellectual property
3. Insurance: Include when specific insurance requirements need to be maintained
4. Dispute Resolution: Include when specific dispute resolution procedures are required beyond standard court proceedings
5. Change Control: Include when the scope of services or fees may need to be modified during the term
6. Force Majeure: Include when protection against unforeseen events is required
7. Data Protection: Include when personal data will be processed as part of the services
8. Subcontracting: Include when the service provider may need to subcontract certain services
1. Schedule 1 - Fee Schedule: Detailed breakdown of all fees, rates, and charges
2. Schedule 2 - Service Specification: Detailed description of the services, including any technical specifications
3. Schedule 3 - Service Levels: Detailed performance metrics and service standards if applicable
4. Schedule 4 - Key Personnel: List of key personnel assigned to provide the services, if relevant
5. Appendix A - Payment Schedule: Detailed payment milestones and schedule if payment is not straightforward
6. Appendix B - Required Documentation: List of documents required for invoicing or service delivery
Relevant legal definitions
Clauses
Relevant Industries
Professional Services
Legal Services
Accounting Services
Consulting Services
Financial Services
Information Technology
Engineering Services
Architecture
Business Advisory
Healthcare Services
Education and Training
Real Estate Services
Marketing Services
Project Management
Relevant Teams
Legal
Finance
Accounts
Commercial
Operations
Business Development
Professional Services
Client Services
Contracts Administration
Risk Management
Compliance
Relevant Roles
Managing Director
Chief Financial Officer
Finance Manager
Legal Counsel
Contract Manager
Business Development Manager
Project Manager
Consultant
Professional Services Director
Account Manager
Operations Manager
Commercial Manager
Partner
Senior Associate
Practice Manager
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