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Consulting Subcontractor Agreement Template for New Zealand

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Key Requirements PROMPT example:

Consulting Subcontractor Agreement

"I need a Consulting Subcontractor Agreement for engaging a software development consultant in New Zealand to work on a 6-month project starting March 2025, with specific IP protection clauses and the ability to work remotely."

Document background
The Consulting Subcontractor Agreement is essential for businesses in New Zealand that engage external consultants through a subcontracting arrangement. This document is particularly relevant when a primary contractor needs to supplement their service delivery capacity or expertise by engaging specialized consultants. The agreement ensures compliance with New Zealand law while protecting both parties' interests through clear definition of services, responsibilities, and commercial terms. It includes provisions for intellectual property protection, confidentiality, liability limitations, and insurance requirements, making it suitable for various consulting arrangements from short-term projects to ongoing service relationships. The document is structured to maintain clear independent contractor status, avoiding potential misclassification issues under New Zealand employment law.
Suggested Sections

1. Parties: Identifies the contracting parties - the main contractor and the subcontractor, including their full legal names and addresses

2. Background: Sets out the context of the agreement, including the main contractor's business, the subcontractor's expertise, and the intention to engage the subcontractor

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes rules for interpretation

4. Engagement and Status: Confirms the engagement of the subcontractor and explicitly establishes independent contractor status

5. Services: Outlines the general nature of consulting services to be provided

6. Term and Termination: Specifies the duration of the agreement and circumstances for termination

7. Fees and Payment: Details the fee structure, payment terms, and expenses policy

8. Obligations of the Subcontractor: Lists the subcontractor's key responsibilities and performance standards

9. Obligations of the Main Contractor: Specifies the main contractor's responsibilities and commitments

10. Confidentiality: Protects confidential information and trade secrets

11. Intellectual Property: Addresses ownership and usage rights of IP created during the engagement

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

13. Insurance: Specifies required insurance coverage

14. General Provisions: Contains standard boilerplate clauses including notices, amendment process, governing law, etc.

Optional Sections

1. Non-Compete: Restricts the subcontractor from competing directly with the main contractor - used when the subcontractor will have access to sensitive business information

2. Non-Solicitation: Prevents poaching of clients or employees - included when the subcontractor will have significant client contact

3. Equipment and Resources: Details any equipment or resources provided by the main contractor - included when specific tools or resources are provided

4. Project Management: Establishes project management procedures - used for complex or long-term engagements

5. Key Personnel: Identifies specific individuals who will perform the services - used when particular expertise is required

6. Service Levels: Defines specific performance metrics - included for engagements requiring measurable outcomes

7. Data Protection: Additional privacy and data handling requirements - used when personal or sensitive data processing is involved

8. Force Majeure: Addresses unforeseeable circumstances - included when long-term or critical services are involved

Suggested Schedules

1. Schedule 1 - Services Description: Detailed description of the specific consulting services to be provided

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms

3. Schedule 3 - Service Levels: Specific performance metrics and service level requirements

4. Schedule 4 - Insurance Requirements: Detailed insurance requirements including types and coverage amounts

5. Schedule 5 - Approved Personnel: List of approved subcontractor personnel who may perform the services

6. Appendix A - Confidentiality Agreement: Detailed confidentiality terms and requirements

7. Appendix B - Policies and Procedures: Relevant company policies and procedures that apply to subcontractors

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

Information Technology

Management Consulting

Professional Services

Engineering

Financial Services

Healthcare

Education

Construction

Environmental Services

Digital Marketing

Business Advisory

Human Resources

Relevant Teams

Legal

Procurement

Operations

Human Resources

Commercial

Risk and Compliance

Project Management Office

Business Development

Vendor Management

Finance

Relevant Roles

Legal Counsel

Contract Manager

Procurement Manager

Project Manager

Operations Director

HR Manager

Chief Operating Officer

Business Development Manager

Consultant

Senior Consultant

Managing Consultant

Practice Lead

Commercial Manager

Risk Manager

Compliance 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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