The Management And Administrative Services Agreement is designed for situations where a company seeks to outsource or formally structure its management and administrative functions to an external provider or related entity within Australia. This document is particularly relevant in the contemporary business environment where organizations focus on core competencies while engaging specialized service providers for operational support. The agreement comprehensively addresses service delivery, performance metrics, commercial terms, and risk allocation, ensuring compliance with Australian regulatory requirements including the Corporations Act 2001, Competition and Consumer Act 2010, and relevant state legislation. It is commonly used in corporate group structures, business process outsourcing arrangements, and professional service engagements where clear governance and service parameters are essential.
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1. Parties: Identifies and provides full legal details of the service provider and client
2. Background: Sets out the context and purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement
4. Term and Renewal: Specifies the initial term, renewal options, and termination dates
5. Services: Outlines the scope and nature of management and administrative services to be provided
6. Service Provider's Obligations: Details the specific duties, standards, and responsibilities of the service provider
7. Client's Obligations: Specifies the client's responsibilities and requirements for enabling service delivery
8. Fees and Payment Terms: Details the fee structure, payment schedule, and invoicing requirements
9. Performance Standards: Establishes KPIs, service levels, and quality requirements
10. Intellectual Property: Addresses ownership and usage rights of IP created or used in service delivery
11. Confidentiality: Protects confidential information of both parties
12. Liability and Indemnification: Sets out liability limitations and indemnification obligations
13. Termination: Specifies termination rights, processes, and consequences
14. General Provisions: Includes standard legal clauses such as governing law, notices, and assignment
1. Change Management: Procedures for implementing changes to services or terms - include when services are likely to evolve
2. Disaster Recovery: Business continuity and disaster recovery procedures - include for critical services
3. Data Protection: Specific data handling and privacy obligations - include when personal data is processed
4. Non-Compete: Restrictions on competitive activities - include when sharing sensitive business information
5. Insurance: Specific insurance requirements - include for high-risk services
6. Transition Services: Handover procedures at termination - include for complex service arrangements
7. Compliance: Industry-specific regulatory requirements - include for regulated industries
8. Subcontracting: Rules for engaging subcontractors - include when subcontracting is likely
9. Force Majeure: Provisions for unforeseen circumstances - include for long-term or critical services
10. Audit Rights: Client's right to audit service provider - include for financial or sensitive services
1. Schedule 1 - Services Description: Detailed description of all services to be provided
2. Schedule 2 - Service Levels: Specific performance metrics, KPIs, and measurement methods
3. Schedule 3 - Fee Schedule: Detailed fee structure, rates, and payment calculations
4. Schedule 4 - Key Personnel: Details of key staff assigned to provide the services
5. Schedule 5 - Required Insurance: Specific insurance types and coverage levels
6. Schedule 6 - Approved Subcontractors: List of pre-approved subcontractors if applicable
7. Schedule 7 - Security Requirements: IT, physical, and data security requirements
8. Schedule 8 - Reporting Requirements: Format and frequency of required service reports
9. Appendix A - Service Request Procedures: Processes for requesting and implementing services
10. Appendix B - Change Request Form: Standard form for requesting changes to services
Relevant legal definitions
Agreement
Applicable Laws
Business Day
Business Hours
Change Request
Commencement Date
Confidential Information
Contract Year
Deliverables
Dispute
Effective Date
Fees
Force Majeure Event
Good Industry Practice
GST
Initial Term
Intellectual Property Rights
Key Personnel
KPIs
Material Breach
Notice
Personnel
Renewal Term
Reports
Representatives
Service Levels
Services
Service Provider
Service Provider Materials
Service Standards
Service Term
Specified Personnel
Subcontractor
Term
Termination Date
Third Party Materials
Work Product
Applicable Laws
Business Day
Business Hours
Change Request
Commencement Date
Confidential Information
Contract Year
Deliverables
Dispute
Effective Date
Fees
Force Majeure Event
Good Industry Practice
GST
Initial Term
Intellectual Property Rights
Key Personnel
KPIs
Material Breach
Notice
Personnel
Renewal Term
Reports
Representatives
Service Levels
Services
Service Provider
Service Provider Materials
Service Standards
Service Term
Specified Personnel
Subcontractor
Term
Termination Date
Third Party Materials
Work Product
Clauses
Interpretation
Term and Renewal
Services Scope
Service Standards
Performance Metrics
Service Provider Obligations
Client Obligations
Key Personnel
Fees and Payment
Invoicing
GST
Record Keeping
Reporting
Audit Rights
Quality Assurance
Change Management
Intellectual Property
Data Protection
Confidentiality
Privacy
Security
Personnel
Subcontracting
Non-Competition
Non-Solicitation
Insurance
Liability
Indemnification
Force Majeure
Termination
Exit Management
Dispute Resolution
Notice
Assignment
Variation
Severability
Entire Agreement
Governing Law
Execution
Term and Renewal
Services Scope
Service Standards
Performance Metrics
Service Provider Obligations
Client Obligations
Key Personnel
Fees and Payment
Invoicing
GST
Record Keeping
Reporting
Audit Rights
Quality Assurance
Change Management
Intellectual Property
Data Protection
Confidentiality
Privacy
Security
Personnel
Subcontracting
Non-Competition
Non-Solicitation
Insurance
Liability
Indemnification
Force Majeure
Termination
Exit Management
Dispute Resolution
Notice
Assignment
Variation
Severability
Entire Agreement
Governing Law
Execution
Relevant Industries
Professional Services
Business Process Outsourcing
Healthcare
Education
Real Estate
Financial Services
Technology
Manufacturing
Retail
Hospitality
Non-Profit Organizations
Government and Public Sector
Relevant Teams
Legal
Operations
Administration
Procurement
Finance
Human Resources
Compliance
Risk Management
Corporate Services
Facilities Management
Relevant Roles
Chief Executive Officer
Chief Operating Officer
Operations Manager
Facility Manager
Administrative Services Manager
Contract Manager
Procurement Manager
Business Services Director
General Counsel
Legal Counsel
Company Secretary
Finance Director
HR Director
Compliance Officer
Risk Manager
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