Note: This template is for general guidance only. It should be reviewed and customized according to specific business needs and requirements. For legal matters, consult with a qualified legal professional.
SERVICE AGREEMENT
This Service Agreement (“Agreement”) is entered into and executed as of
<PLACEHOLDER_DATE>, by and between(“Service Provider”) | <PLACEHOLDER_CLIENT> |
ㅤ | AND |
(“Client”) | <PLACEHOLDER_CLIENT> |
<PLACEHOLDER_CLIENT>("Service Provider"), a duly incorporated limited liability company registered in New Zealand, having its principal place of business at<PLACEHOLDER_ADDRESS>
AND
<PLACEHOLDER_CLIENT>("Client"), a limited liability company duly incorporated in New Zealand and having its principal place of business at 64 Bob Charles Drive, Auckland
The Service Provider and Client are referred to in this document together as “the Parties” or individually as a “Party”.
The Parties agree:
1. Scope of Services
1.1. The Service Provider agrees to provide the following services ("Services") to the Client:
- security services,
- accounts receivable recoveries, and
- other related tasks.
1.2. Any additional services not specified in this Agreement shall be negotiated separately and
appended to this Agreement as a Schedule.1.3. Any headings, subheadings, terms and examples included in this Agreement are to categorise information only, and are not indicative of any binding legal interpretation.
1.4. The Parties acknowledge that this Agreement should be read in its entirety to understand the full scope of rights and obligations. To indicate that they have read and agree to any and all terms of this Agreement, the Parties shall initial every page that is not the signature page of this Agreement, including any attachments, appendices and schedules (together, the “Schedules”).
2. Term and Termination
2.1. This Agreement commences on
<DATE> and continues until terminated earlier.2.2. Either party may terminate this Agreement with 24 hours’ written notice.
2.3. Immediate termination is permitted in case of material breach or non-compliance with New Zealand laws.
2.4. If termination is sought by the Service Provider, any balance remaining to be paid on the Client’s account must be made within 7 working days of the Service Provider sending the notice of termination.
2.5. If termination is sought by the Client, any remaining balance must be notified by the Service Provider upon receipt of the Client’s notice. The Client must pay the balance within 48 hours, or in any case, no less than 72 hours of being made aware of any balance remaining to be paid.
3. Fees and Payment
3.1. The Client agrees to pay:
- Payment terms: On the needs of the Parties as written
- GST will be charged at the prevailing rate
3.2. Invoices shall be paid within 24 hours of receipt.
4. Confidentiality and Privacy
4.1. Both parties shall comply with the Privacy Act 2020 and maintain confidentiality of all information (“Confidential Information”) shared during the service provision.
4.2. Confidential information includes but is not limited to: (“Confidential Information”)
Business and Financial Information:
- Business strategies and plans
- Financial records and projections
- Pricing strategies and cost structures
- Budgets and forecasts
Customer and Client Information:
- Client data and records
- Customer lists and contact information
- Customer preferences and behavior data
Intellectual Property and Technical Information:
- Proprietary information
- Trade secrets
- Patents and patent applications
- Software code and algorithms
Operational Information:
- Manufacturing processes
- Quality control procedures
- Supply chain details
- Internal policies and procedures
Personnel Information:
- Employee data
- Compensation structures
- Training materials
Marketing and Sales Information:
- Marketing strategies
- Sales techniques and data
- Market research
- Promotional plans
4.3. Confidential Information does not include information that:
(a) is or becomes publicly available through no fault of the receiving party;
(b) was rightfully known to the receiving party before receipt from the disclosing party;
(c) is rightfully obtained by the receiving party from a third party without restriction; or
(d) is independently developed by the receiving party without use of the Confidential Information.
5. Independent Contractor Relationship
5.1. This Agreement does not create an employment, partnership, or joint venture relationship.
5.2. Each party is responsible for their own tax obligations and statutory requirements.
6. Legal Compliance
6.1. Both parties shall comply with all applicable New Zealand laws and regulations.
6.2. The Service Provider shall maintain all necessary licenses and permits required for service delivery.
7. Indemnification and Liability
7.1. Each party agrees to indemnify the other against losses arising from breach of this Agreement.
7.2. Neither party shall be liable for indirect or consequential losses.
8. Dispute Resolution and Governing Law
8.1. Disputes shall follow the dispute resolution process under this Agreement.
8.2. The Client may make a formal complaint with the Service Provider. The Service Provider will note the details of the Client’s complaint and investigate the issue internally. Alternatively, or as a result of the internal investigation, the Service Provider may offer the Client reasonable compensation.
8.3. If the Parties are unable to come to an agreement, the Parties will request intervention from the Arbitration and Mediation Institute of New Zealand. The mediator will be elected and agreed to by both parties. Costs will be the responsibility of the Party making the claim, or as agreed otherwise agreed between the parties.
8.4 If mediation does not resolve the dispute, the Parties may initiate legal proceedings. All fees and costs associated with the dispute shall be determined in a Court of New Zealand.
8.2. This Agreement is governed by New Zealand law.
9. Entire Agreement
9.1. This Agreement constitutes the entire understanding between the parties.
9.2. Alterations, variations, modifications, and any other changes to this Agreement or any part of it must be made in writing, signed by both parties, and appended as a schedule to this Agreement.
9.3. The Parties are not aware of any existing obligations or state of affairs that would preclude their entering into this agreement or meeting their obligations. If any conflict of interest or event or situation arises where either party cannot fulfil its obligations, the other party shall be notified as soon as reasonably possible.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
ㅤ | First Client representative | Second Client representative | For Consultant |
Company Name | ㅤ | ㅤ | ㅤ |
Title | Director | Approved Signatory | Director |
Representative | ㅤ | ㅤ | ㅤ |
Signed | __________________________ | __________________________ | __________________________ |
Date | ㅤ | ㅤ | ㅤ |
For a more comprehensive Agreement, see:
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