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General Terms And Conditions Of Contract
I need General Terms and Conditions of Contract for my Australian software company that provides SaaS solutions to enterprise clients, with specific focus on data security, service levels, and intellectual property protection.
1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and general purpose of these terms and conditions
3. Definitions and Interpretation: Definitions of key terms and rules for interpreting the agreement
4. Application of Terms: How and when these terms apply, including any hierarchy of documents
5. Supply of Goods/Services: Core obligations regarding the provision of goods/services
6. Price and Payment: Pricing structure, payment terms, invoicing, and payment methods
7. GST and Taxes: Treatment of GST and other applicable taxes
8. Term and Termination: Duration of the agreement and circumstances for termination
9. Intellectual Property: Ownership and usage rights of intellectual property
10. Confidentiality: Protection and handling of confidential information
11. Privacy: Handling of personal information in compliance with Privacy Act
12. Liability and Indemnity: Limitations of liability and indemnification obligations
13. Insurance: Required insurance coverage
14. Dispute Resolution: Process for handling disputes between parties
15. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Force Majeure: Provisions for unforeseen circumstances preventing performance - include if business operates in areas prone to disruption
2. Service Levels: Specific performance metrics and standards - include for service-based contracts
3. Data Security: Specific data protection requirements - include when handling sensitive data
4. Export Controls: Compliance with export regulations - include for international trade
5. Anti-Bribery and Corruption: Compliance with anti-corruption laws - include for international or high-risk operations
6. Modern Slavery: Compliance with Modern Slavery Act - include for large organizations or complex supply chains
7. Business Continuity: Disaster recovery and business continuity requirements - include for critical services
8. Subcontracting: Rules for engaging subcontractors - include if subcontracting is likely
1. Schedule 1 - Pricing Schedule: Detailed pricing information, rates, and charging mechanisms
2. Schedule 2 - Service Specifications: Detailed description of goods/services to be provided
3. Schedule 3 - Service Levels and KPIs: Specific performance metrics and measurement criteria
4. Schedule 4 - Implementation Plan: Timeline and milestones for service implementation
5. Schedule 5 - Approved Subcontractors: List of pre-approved subcontractors if applicable
6. Schedule 6 - Security Requirements: Specific security protocols and requirements
7. Appendix A - Standard Operating Procedures: Detailed operational procedures and requirements
8. Appendix B - Required Insurance Coverage: Specific insurance requirements and minimum coverage amounts
Authors
Applicable Laws
Australian Consumer Law
Business Day
Charges
Claim
Commencement Date
Confidential Information
Contract
Customer
Customer Data
Deliverables
Dispute
Force Majeure Event
Goods
GST
GST Act
Intellectual Property Rights
Invoice
Laws
Loss
Material Breach
Notice
Order
Party/Parties
Personal Information
Personnel
Privacy Laws
Purchase Order
Related Bodies Corporate
Representatives
Schedule
Services
Service Levels
Specifications
Supplier
Term
Third Party
Variation
Warranty Period
Working Hours
Amendment
Anti-Bribery and Corruption
Assignment
Audit Rights
Authority
Compliance with Laws
Confidentiality
Conflict of Interest
Data Protection
Default and Termination
Definitions
Dispute Resolution
Entire Agreement
Force Majeure
Further Assurance
Governing Law
GST
Indemnity
Insurance
Intellectual Property
Interpretation
Liability
Modern Slavery
No Agency
No Waiver
Notices
Order Process
Payment Terms
Performance Standards
Personnel
Price and Payment
Privacy
Records and Reporting
Relationship of Parties
Representations and Warranties
Security
Severability
Subcontracting
Supply of Goods/Services
Survival
Suspension Rights
Term
Third Party Rights
Time of the Essence
Variation
Retail
Technology
Professional Services
Manufacturing
Distribution
Construction
Healthcare
Education
Financial Services
Telecommunications
Software and IT
Consulting
E-commerce
Hospitality
Transportation and Logistics
Legal
Compliance
Commercial
Sales
Operations
Risk Management
Procurement
Business Development
Finance
Customer Service
Legal Counsel
Commercial Manager
Contract Manager
Compliance Officer
Risk Manager
Business Development Manager
Operations Manager
Sales Director
Procurement Manager
General Manager
Chief Legal Officer
Chief Commercial Officer
Chief Operating Officer
Chief Executive Officer
Company Secretary
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