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Flat Rate Agreement Template for New Zealand

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Key Requirements PROMPT example:

Flat Rate Agreement

"I need a Flat Rate Agreement for my IT consulting company to provide software maintenance services to a medium-sized retail business, with monthly payments of NZD 5,000 starting from March 2025, including service level requirements and confidentiality provisions."

Document background
The Flat Rate Agreement is designed for use in New Zealand business contexts where parties wish to establish a clear, fixed-price arrangement for specific services or deliverables. This document is particularly valuable when service providers and clients need certainty about pricing and scope, eliminating the complexity of variable or time-based billing arrangements. It includes essential elements required under New Zealand law, such as compliance with the Contract and Commercial Law Act 2017 and Fair Trading Act 1986, while providing comprehensive coverage of service specifications, payment terms, delivery requirements, and risk allocation. The agreement is structured to protect both parties' interests while maintaining clarity and certainty in their commercial relationship.
Suggested Sections

1. Parties: Identifies and defines the contracting parties with their full legal names and addresses

2. Background: Sets out the context and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Scope of Services: Clearly defines the services or deliverables covered under the flat rate

5. Flat Rate Payment Terms: Specifies the fixed price, payment schedule, and what is included/excluded

6. Service Provider Obligations: Details the obligations and responsibilities of the service provider

7. Client Obligations: Outlines what the client must do to facilitate the service delivery

8. Term and Termination: Specifies the duration of the agreement and termination provisions

9. Intellectual Property: Addresses ownership and usage rights of any IP created or used

10. Confidentiality: Protects confidential information of both parties

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

12. General Provisions: Contains standard boilerplate clauses including governing law, notices, and assignment

Optional Sections

1. Change Control: Include when the scope might need adjustment during the term

2. Service Levels: Include when specific performance metrics need to be maintained

3. Insurance: Include when specific insurance requirements need to be maintained

4. Force Majeure: Include when need to address unforeseen circumstances beyond parties' control

5. Data Protection: Include when personal data processing is involved

6. Audit Rights: Include when client needs right to audit service provider's work

7. Subcontracting: Include when service provider may need to subcontract work

8. Non-Solicitation: Include when need to prevent poaching of staff

Suggested Schedules

1. Schedule 1 - Services Description: Detailed description of services/deliverables covered by the flat rate

2. Schedule 2 - Pricing Schedule: Breakdown of the flat rate, payment milestones, and any excluded costs

3. Schedule 3 - Service Levels: Specific performance metrics and measurement criteria if applicable

4. Schedule 4 - Key Personnel: List of key people involved in service delivery if applicable

5. Appendix A - Change Request Form: Template for requesting and documenting changes to scope

6. Appendix B - Acceptance Criteria: Criteria for accepting deliverables or completed services

Authors

Alex Denne

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

Relevant legal definitions





























Clauses



































Relevant Industries

Professional Services

Information Technology

Construction

Consulting

Engineering

Creative Industries

Marketing and Advertising

Business Services

Maintenance Services

Project Management

Education and Training

Property Management

Financial Services

Healthcare Services

Relevant Teams

Legal

Finance

Operations

Procurement

Commercial

Business Development

Account Management

Service Delivery

Project Management

Risk Management

Compliance

Sales

Relevant Roles

Contract Manager

Project Manager

Business Development Manager

Operations Manager

Finance Manager

Legal Counsel

Commercial Director

Procurement Manager

Account Manager

Service Delivery Manager

Chief Financial Officer

Business Owner

Managing Director

Consultant

Sales Director

Chief Executive Officer

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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