This Subscription Contract template is designed for use in the Australian market where businesses offer products or services on a recurring basis. The document is specifically structured to comply with Australian legal requirements, including the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010), Privacy Act 1988, and relevant state-specific regulations. It is particularly suitable for businesses operating subscription-based models, whether for digital services, physical products, or hybrid offerings. The contract includes essential provisions for subscription terms, payment processing, service delivery, data protection, and consumer rights, while incorporating specific Australian legal requirements regarding unfair contract terms, consumer guarantees, and privacy protection. This template is adaptable for various subscription models while maintaining compliance with Australian regulatory requirements and business practices.
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1. Parties: Identification of the service provider and subscriber, including ABN/ACN for businesses
2. Background: Context of the agreement and brief description of the subscription service
3. Definitions: Key terms used throughout the agreement
4. Subscription Service: Detailed description of the service(s) being provided under the subscription
5. Term and Renewal: Initial subscription period, renewal terms, and notice periods
6. Fees and Payment: Subscription costs, payment methods, billing cycles, and payment terms
7. Service Level Commitments: Quality and availability standards for the subscription service
8. User Access and Restrictions: Terms of service access, user limitations, and usage restrictions
9. Termination: Grounds for termination, cancellation process, and consequences
10. Privacy and Data Protection: How user data is collected, stored, used, and protected
11. Intellectual Property: Ownership and usage rights of content and intellectual property
12. Liability and Indemnities: Limitation of liability and indemnification provisions
13. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Free Trial: Terms for any trial period offered, include when the subscription includes a free trial period
2. Third-Party Integrations: Terms regarding integration with other services, include when the subscription service interfaces with third-party platforms
3. User Generated Content: Rules for user-created content, include when the service allows users to create or upload content
4. Service Credits: Compensation for service failures, include when offering service level guarantees
5. Geographic Restrictions: Regional limitations on service access, include for geographically restricted services
6. Equipment and Hardware: Terms related to physical equipment, include when hardware is provided as part of the subscription
7. Installation and Support: Technical support and setup terms, include for complex technical services
8. Usage Metrics: Definition of usage measurement and limits, include for usage-based subscriptions
1. Schedule 1 - Service Description: Detailed specifications of the subscription service and features
2. Schedule 2 - Fee Schedule: Detailed pricing information, including different tiers and optional add-ons
3. Schedule 3 - Service Level Agreement: Detailed service levels, performance metrics, and remedies
4. Schedule 4 - Acceptable Use Policy: Detailed rules and restrictions for using the service
5. Schedule 5 - Data Processing Terms: Detailed terms for handling personal and sensitive data
6. Schedule 6 - Technical Requirements: Technical specifications and requirements for accessing the service
7. Appendix A - Contact Details: Key contacts for both parties including technical and billing contacts
8. Appendix B - Change Request Form: Standard form for requesting changes to the subscription
Relevant legal definitions
Agreement
Acceptable Use Policy
Additional Users
Authorized Users
Billing Cycle
Business Day
Commencement Date
Confidential Information
Consumer Law
Contract Year
Customer Data
Fees
Force Majeure Event
Free Trial Period
GST
Initial Term
Intellectual Property Rights
Login Credentials
Minimum Term
Notice Period
Payment Method
Personal Information
Platform
Privacy Policy
Renewal Term
Service Credits
Service Level Agreement
Services
Subscription
Subscription Fee
Subscription Period
Subscription Plan
Support Services
Term
Territory
Third Party Services
Usage Data
User Terms
Website
Acceptable Use Policy
Additional Users
Authorized Users
Billing Cycle
Business Day
Commencement Date
Confidential Information
Consumer Law
Contract Year
Customer Data
Fees
Force Majeure Event
Free Trial Period
GST
Initial Term
Intellectual Property Rights
Login Credentials
Minimum Term
Notice Period
Payment Method
Personal Information
Platform
Privacy Policy
Renewal Term
Service Credits
Service Level Agreement
Services
Subscription
Subscription Fee
Subscription Period
Subscription Plan
Support Services
Term
Territory
Third Party Services
Usage Data
User Terms
Website
Clauses
Subscription Terms
Payment and Billing
Service Delivery
Service Level Agreement
User Access Rights
Acceptable Use
Data Protection
Privacy
Confidentiality
Intellectual Property
Term and Renewal
Termination
Suspension Rights
Free Trial
Payment Processing
Refunds
Price Changes
Service Modifications
User Obligations
Provider Obligations
Warranties
Liability Limitations
Indemnification
Force Majeure
Assignment
Subcontracting
Dispute Resolution
Governing Law
Notices
Entire Agreement
Variation
Severability
Third Party Rights
GST and Taxation
Consumer Law Compliance
Security
Backup and Recovery
Support Services
Service Credits
Audit Rights
Insurance
Anti-spam Compliance
Electronic Communications
Account Management
Payment and Billing
Service Delivery
Service Level Agreement
User Access Rights
Acceptable Use
Data Protection
Privacy
Confidentiality
Intellectual Property
Term and Renewal
Termination
Suspension Rights
Free Trial
Payment Processing
Refunds
Price Changes
Service Modifications
User Obligations
Provider Obligations
Warranties
Liability Limitations
Indemnification
Force Majeure
Assignment
Subcontracting
Dispute Resolution
Governing Law
Notices
Entire Agreement
Variation
Severability
Third Party Rights
GST and Taxation
Consumer Law Compliance
Security
Backup and Recovery
Support Services
Service Credits
Audit Rights
Insurance
Anti-spam Compliance
Electronic Communications
Account Management
Relevant Industries
Software and Technology
Media and Entertainment
Professional Services
Healthcare
Education
Fitness and Wellness
E-commerce
Telecommunications
Financial Services
Consumer Goods
Digital Content
Cloud Services
Relevant Teams
Legal
Commercial
Sales
Product
Operations
Compliance
Finance
Customer Success
Revenue Operations
Business Development
Account Management
Relevant Roles
Legal Counsel
Commercial Manager
Contracts Manager
Business Development Manager
Product Manager
Operations Manager
Compliance Officer
Privacy Officer
Sales Director
Customer Success Manager
Account Manager
Revenue Operations Manager
Subscription Services Manager
Chief Financial Officer
Chief Legal Officer
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