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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."
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
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
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
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
Legal
Finance
Operations
Procurement
Commercial
Business Development
Account Management
Service Delivery
Project Management
Risk Management
Compliance
Sales
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
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