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Service Agreement Between Two Companies for New Zealand

Service Agreement Between Two Companies Template for New Zealand

This document is a comprehensive Service Agreement template designed for business-to-business relationships under New Zealand law. It provides a structured framework for defining and managing service delivery arrangements between two companies, incorporating key elements required by New Zealand legislation including the Contract and Commercial Law Act 2017 and Fair Trading Act 1986. The agreement covers essential aspects such as service scope, payment terms, liability provisions, and termination rights, while remaining adaptable to various industry contexts and service types.

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Service Agreement Between Two Companies

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What is a Service Agreement Between Two Companies?

A Service Agreement Between Two Companies is a fundamental commercial document used to formalize business relationships in New Zealand where one company provides services to another. This agreement type is essential for protecting both parties' interests and ensuring clarity in service delivery arrangements. It's particularly relevant in today's business environment where companies increasingly outsource specialized services to external providers. The document needs to comply with New Zealand's legal framework, including the Contract and Commercial Law Act 2017, Fair Trading Act 1986, and relevant industry regulations. It typically includes detailed service specifications, performance standards, payment terms, and risk allocation provisions, making it suitable for various commercial arrangements from IT services to professional consulting.

What sections should be included in a Service Agreement Between Two Companies?

1. Parties: Identifies the contracting parties with their full legal names, company registration numbers, and registered addresses

2. Background: Sets out the context of the agreement and brief description of why the parties are entering into it

3. Definitions: Defines key terms used throughout the agreement for clarity and consistency

4. Services: Detailed description of the services to be provided, including scope, deliverables, and standards

5. Term and Commencement: Specifies the duration of the agreement and when it becomes effective

6. Payment Terms: Details the fees, payment schedule, invoicing process, and payment methods

7. Service Provider's Obligations: Lists the key responsibilities and commitments of the service provider

8. Client's Obligations: Outlines the responsibilities of the client, including provision of information and access

9. Intellectual Property: Addresses ownership and usage rights of existing and created intellectual property

10. Confidentiality: Protects confidential information shared between the parties

11. Liability and Indemnity: Sets out liability limitations and indemnification obligations

12. Termination: Specifies how and when the agreement can be terminated

13. General Provisions: Standard legal clauses including governing law, notices, and assignment

What sections are optional to include in a Service Agreement Between Two Companies?

1. Service Levels: Defines specific performance metrics and standards when quantifiable service levels are required

2. Data Protection: Detailed data handling and privacy obligations when personal or sensitive data is involved

3. Insurance: Specific insurance requirements when services involve higher risk activities

4. Business Continuity: Disaster recovery and business continuity requirements for critical services

5. Change Control: Process for managing changes to services or agreement terms in complex service arrangements

6. Audit Rights: Rights to audit service provider's performance and compliance in regulated industries or critical services

7. Personnel: Requirements for service provider's personnel when specific qualifications or security clearances are needed

8. Non-Competition: Restrictions on competitive activities when sensitive industry knowledge is involved

What schedules should be included in a Service Agreement Between Two Companies?

1. Schedule 1 - Service Description: Detailed technical specifications and scope of services

2. Schedule 2 - Fees and Payment: Detailed fee structure, rates, and payment terms

3. Schedule 3 - Service Levels: Specific performance metrics, measurement methods, and remedies

4. Schedule 4 - Key Personnel: Details of key staff members assigned to provide the services

5. Schedule 5 - Implementation Plan: Timeline and milestones for service implementation if applicable

6. Appendix A - Form of Change Request: Template for requesting and documenting changes to services

7. Appendix B - Security Requirements: Specific security protocols and requirements

8. Appendix C - Reports and Documentation: Templates and requirements for regular reporting and documentation

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

New Zealand

Publisher

Ƶ

Document Type

Service Agreement

Cost

Free to use
Relevant legal definitions









































Clauses









































Relevant Industries

Information Technology

Professional Services

Consulting

Manufacturing

Healthcare

Financial Services

Construction

Telecommunications

Education

Logistics

Real Estate

Engineering

Marketing and Advertising

Research and Development

Relevant Teams

Legal

Procurement

Finance

Operations

Commercial

Risk and Compliance

Business Development

Project Management

Account Management

Service Delivery

Administration

Relevant Roles

Chief Executive Officer

Chief Operating Officer

Chief Financial Officer

Commercial Director

Procurement Manager

Contract Manager

Legal Counsel

Business Development Manager

Operations Manager

Project Manager

Account Manager

Risk Manager

Compliance Officer

Service Delivery Manager

Department Head

Finance Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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