The Client Agreement serves as the foundational document governing the professional relationship between service providers and their clients in Australia. This document is essential for businesses providing professional services, consulting, or ongoing support to clients, establishing clear parameters for the engagement. The agreement ensures compliance with Australian legislation, including the Australian Consumer Law, Privacy Act 1988, and relevant industry regulations. A well-structured Client Agreement typically includes detailed service descriptions, payment terms, performance standards, confidentiality provisions, and dispute resolution procedures. It is designed to protect both parties' interests while maintaining transparency and accountability in the business relationship. This document is particularly crucial for service-based businesses seeking to establish clear expectations and minimize potential disputes through comprehensive documentation of the agreed terms.
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1. Parties: Identification and details of the service provider and client
2. Background: Context of the agreement and general purpose of the business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Services: Detailed description of services to be provided under the agreement
5. Fees and Payment: Payment terms, fee structure, and billing procedures
6. Term and Termination: Duration of the agreement and circumstances for termination
7. Obligations of Service Provider: Key responsibilities and commitments of the service provider
8. Client Obligations: Key responsibilities and commitments of the client
9. Confidentiality: Provisions regarding confidential information handling
10. Privacy and Data Protection: Compliance with Privacy Act 1988 and data handling procedures
11. Intellectual Property: Ownership and usage rights of intellectual property
12. Liability and Indemnity: Limitation of liability and indemnification provisions
13. Insurance: Insurance requirements and obligations
14. Dispute Resolution: Process for handling disputes between parties
15. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Service Levels: Include when specific performance metrics and service levels need to be maintained
2. Change Management: Include for long-term agreements where scope or services may need modification
3. Force Majeure: Include when necessary to address unforeseen circumstances beyond parties' control
4. Compliance with Laws: Include when industry-specific regulations apply
5. Anti-Bribery and Corruption: Include for international clients or high-value contracts
6. Business Continuity: Include when service continuity is critical
7. Security Requirements: Include when handling sensitive data or systems
8. Personnel: Include when specific staff qualifications or screening is required
1. Schedule 1 - Services Description: Detailed specification of services to be provided
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and charges
3. Schedule 3 - Service Levels: Specific performance metrics and service level requirements
4. Schedule 4 - Privacy and Data Protection Requirements: Detailed privacy and data handling procedures
5. Appendix A - Key Personnel: List of key personnel and their roles
6. Appendix B - Required Insurance: Specific insurance requirements and minimum coverage
7. Appendix C - Approved Subcontractors: List of approved subcontractors if applicable
8. Appendix D - Compliance Requirements: Specific regulatory or compliance requirements
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