This Service Agreement template is designed for use in Australian business contexts where one party (the service provider) agrees to provide specific services to another party (the client). It is particularly suitable for ongoing service arrangements where clear terms, conditions, and service standards need to be established. The agreement incorporates requirements under Australian federal and state legislation, including consumer protection, privacy, and fair trading laws. It can be customized for various service types, from professional consulting to technical services, and includes provisions for service delivery, payment terms, performance standards, intellectual property rights, and risk allocation. This document is essential for businesses operating in Australia that need to formalize their service relationships while ensuring compliance with local legal requirements.
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1. Parties: Identification and details of the service provider and client
2. Background: Context of the agreement and relationship between the parties
3. Definitions and Interpretation: Defined terms and rules for interpreting the agreement
4. Term: Duration of the agreement, including commencement date and renewal provisions
5. Services: Detailed description of services to be provided
6. Service Provider's Obligations: Key responsibilities and commitments of the service provider
7. Client's Obligations: Key responsibilities and commitments of the client
8. Fees and Payment: Payment terms, rates, invoicing, and payment methods
9. GST: GST treatment and obligations
10. Intellectual Property: Ownership and licensing of IP created or used in services
11. Confidentiality: Protection of confidential information
12. Privacy: Handling of personal information and privacy compliance
13. Liability and Indemnity: Risk allocation between parties
14. Insurance: Required insurance coverage
15. Termination: Grounds and process for ending the agreement
16. Dispute Resolution: Process for resolving disputes
17. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law
1. Performance Standards: Include when specific service levels or KPIs need to be met
2. Change Management: Include for complex services where scope changes are likely
3. Business Continuity: Include for critical services requiring disaster recovery planning
4. Security Requirements: Include when handling sensitive data or accessing client systems
5. Transition Services: Include when complex handover is required at start or end
6. Compliance with Laws: Include when service is in heavily regulated industry
7. Sub-contracting: Include when service provider may need to engage sub-contractors
8. Force Majeure: Include when external events could significantly impact service delivery
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: Performance metrics and service level requirements
4. Schedule 4 - Key Personnel: Details of key staff delivering services
5. Schedule 5 - Implementation Plan: Timeline and milestones for service implementation
6. Schedule 6 - Approved Sub-contractors: List of pre-approved sub-contractors if relevant
7. Schedule 7 - Insurance Requirements: Specific insurance types and coverage levels
8. Appendix A - Form of Change Request: Template for requesting and approving changes to services
Relevant legal definitions
Agreement
Applicable Laws
Business Day
Client
Client Materials
Commencement Date
Confidential Information
Deliverables
Dispute
Fees
Force Majeure Event
GST
Initial Term
Intellectual Property Rights
Key Personnel
Loss
Material Breach
Personal Information
Personnel
Related Body Corporate
Renewal Term
Representatives
Schedule
Services
Service Levels
Service Provider
Service Provider Materials
Specifications
Sub-contractor
Term
Third Party Materials
Variation
Applicable Laws
Business Day
Client
Client Materials
Commencement Date
Confidential Information
Deliverables
Dispute
Fees
Force Majeure Event
GST
Initial Term
Intellectual Property Rights
Key Personnel
Loss
Material Breach
Personal Information
Personnel
Related Body Corporate
Renewal Term
Representatives
Schedule
Services
Service Levels
Service Provider
Service Provider Materials
Specifications
Sub-contractor
Term
Third Party Materials
Variation
Clauses
Interpretation
Term and Renewal
Services
Performance Standards
Service Provider Obligations
Client Obligations
Fees and Payment
GST
Invoicing
Personnel
Sub-contracting
Intellectual Property
Confidentiality
Privacy
Data Protection
Security
Records and Audit
Warranties
Insurance
Liability and Indemnity
Force Majeure
Suspension
Termination
Exit Assistance
Dispute Resolution
Assignment and Novation
Variation
Notices
Governing Law
General
Term and Renewal
Services
Performance Standards
Service Provider Obligations
Client Obligations
Fees and Payment
GST
Invoicing
Personnel
Sub-contracting
Intellectual Property
Confidentiality
Privacy
Data Protection
Security
Records and Audit
Warranties
Insurance
Liability and Indemnity
Force Majeure
Suspension
Termination
Exit Assistance
Dispute Resolution
Assignment and Novation
Variation
Notices
Governing Law
General
Relevant Industries
Professional Services
Information Technology
Consulting
Healthcare
Education
Financial Services
Construction
Facilities Management
Marketing and Advertising
Legal Services
Engineering
Business Process Outsourcing
Human Resources
Property Services
Relevant Teams
Legal
Procurement
Operations
Commercial
Finance
Risk and Compliance
Business Development
Contract Administration
Project Management Office
Account Management
Relevant Roles
Legal Counsel
Contract Manager
Procurement Manager
Business Development Manager
Operations Manager
Commercial Manager
Project Manager
Risk Manager
Compliance Officer
Chief Financial Officer
Chief Operating Officer
General Manager
Account Manager
Service Delivery Manager
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