Why do I need a Services Agreement?
A simple, well-designed agreement between a service provider and its client is essential to avoid disagreements over scope, clearly set out the fee and payment terms, establish clear delivery timeframes, specify ownership of intellectual property created as part of the services, and cover off who is liable if things don’t go to plan. By discussing these issues upfront, you’ll reduce the potential for misunderstandings or disputes and encourage successful long-term relationships.
Who’s this Services Agreement for?
Anyone who provides services to another business or person or is engaging someone to provide services to their business. If you’re a designer or provide other creative services, see our Creative Services Agreement customised to the creative industry. If you’re a consultancy, see our Consultancy Services Agreement customised to the consultancy services industry. If you’re a business hiring a person to work for you on an ongoing basis (rather than just providing a service) you may need our Independent Contractor Agreement instead.
What does this Services Agreement cover?
The Services Agreement is easy to understand, without legalese and fair to both sides, to reduce negotiation time and start the relationship positively. It covers all the key terms of the relationship between a service provider and its client, and you can choose from options to customise it to your specific commercial circumstances.
It includes the scope of services, deliverables (ie, things you will provide), any deadlines for those deliverables, client responsibilities, fee (how it is calculated and when it is due), intellectual property and licensing rights in the final work. It also contains reasonable limitations on the service provider’s liability, a ‘no-poaching’ provision and optional exclusivity.
How long will it take to create my document?
Around 10-15 minutes – do it over a coffee! You will need to complete the Q&A within 10 days of purchase (after that your access will expire). Please reach out to us at hello@onyourterms.co.nz if you have any issues.
What information do I need to complete the Q&A?
- The name and contact details of the service provider and client
- The start and end date for the services (or you can opt for an open-ended agreement until cancelled, or until the deliverables are delivered)
- The deliverables and any key dates for delivery
- Fee (fixed fee or based on time and materials)
- Payment terms – upfront deposit? Payment on key deliverables? Full payment before starting or on completion? Weekly/fortnightly/monthly invoicing?
What if I need help?
On Your Terms has teamed up with Luminate Legal to offer its customers the option of obtaining legal advice from a lawyer to provide extra assurance and peace of mind. If you would like to ask a lawyer some quick questions about your document (or your responses to the Q&A), or have your document reviewed/edited by a lawyer, click here to view and select Luminate Legal's packages and fixed-fee pricing exclusively for On Your Terms customers.
What do I do once my Services Agreement is created?
The agreement is ready to sign as soon as you have downloaded it. Both parties must sign it to ensure it’s legally enforceable, and this should be done before you start work. If you need help with how to sign the agreement, read our helpful blog here.
Other helpful information:
- To add additional services (to the same client) to your Services Agreement, you can purchase our Additional Services Proposal – a one pager of key terms specific to the additional services (eg, scope, deliverables, fee and IP), which incorporates the base terms of this Services Agreement.
- Read our helpful blogs
- You may also find these bundles or documents useful for your business: Individual Employment Agreement, Independent Contractor Agreement, Term Sheet for Project and Mutual Confidentiality Agreement.
- Check out our FAQs
If you’re unsure whether this agreement is what you need, reach out to us at hello@onyourterms.co.nz – we’re happy to help!
If you’re not satisfied with your purchase of this product for any reason, let us know why within 10 days of your purchase and we’ll work with you to make sure you’re happy, including giving you a full refund if necessary.
Disclaimer: On Your Terms was created to provide fast, easy and affordable access to legal information and documentation. We are not a law firm and do not provide legal advice. The information and documents we provide are of a general nature, designed for common situations, and may not be suitable for your needs or circumstances. If you need legal advice, we have a network of specialist law firm partners able to help you here.