Supply Of Services Agreement for Australia

Supply Of Services Agreement Template for Australia

A comprehensive legal agreement governed by Australian law that establishes the terms and conditions under which one party (the Service Provider) agrees to provide specified services to another party (the Customer). The document addresses key aspects including service scope, performance standards, payment terms, intellectual property rights, liability allocation, and termination provisions, while ensuring compliance with Australian legislation including the Competition and Consumer Act 2010 and relevant state laws. This agreement provides a robust framework for managing service delivery relationships while protecting both parties' interests and ensuring regulatory compliance.

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What is a Supply Of Services Agreement?

This Supply of Services Agreement is designed for use in the Australian business environment where one party wishes to engage another to provide specific services. The agreement is suitable for various service arrangements, from professional consulting to managed services, and includes comprehensive provisions to protect both parties' interests while ensuring compliance with Australian legislation. It addresses essential elements such as service delivery standards, payment terms, intellectual property rights, confidentiality, and risk allocation. This document is particularly valuable when establishing long-term service relationships or when the services are critical to business operations, requiring clear performance metrics and governance frameworks. The agreement incorporates requirements under Australian consumer law, contract law principles, and industry-specific regulations where applicable.

What sections should be included in a Supply Of Services Agreement?

1. Parties: Identifies and provides details of the contracting parties

2. Background: Sets out the context and purpose of the agreement

3. Definitions and Interpretation: Defines key terms and establishes interpretation principles

4. Term: Specifies the duration of the agreement, including start date and any renewal options

5. Services: Details the services to be provided, including scope and deliverables

6. Service Standards: Specifies quality standards, KPIs, and performance requirements

7. Fees and Payment: Outlines pricing, payment terms, invoicing, and expenses

8. Personnel: Requirements for service provider's staff, including qualifications and conduct

9. Intellectual Property: Addresses ownership and usage rights of IP created or used in services

10. Confidentiality: Protects confidential information of both parties

11. Privacy and Data Protection: Ensures compliance with privacy laws and data protection requirements

12. Insurance: Specifies required insurance coverage and limits

13. Liability and Indemnities: Allocates risks and establishes liability limits

14. Termination: Sets out termination rights and consequences

15. Dispute Resolution: Establishes process for resolving disputes

16. General Provisions: Includes standard boilerplate clauses like notices, governing law, and assignment

What sections are optional to include in a Supply Of Services Agreement?

1. Security Requirements: Used when services involve IT systems or sensitive data access

2. Business Continuity: Required for critical services where continuity planning is essential

3. Transition Services: Include when complex handover or exit arrangements are needed

4. Compliance with Standards: Used when specific industry standards or certifications apply

5. Third Party Rights: Include when services impact or rely on third parties

6. Export Control: Required when services involve international elements

7. Anti-Bribery and Corruption: Include for high-risk or international services

8. Force Majeure: Optional but recommended for long-term or critical services

9. Change Control: Include for complex services likely to require variations

10. Service Credits: Used when specific performance measures warrant financial adjustments

What schedules should be included in a Supply Of Services Agreement?

1. Schedule 1 - Service Description: Detailed description of services, specifications, and deliverables

2. Schedule 2 - Service Levels: Specific KPIs, measurement methods, and reporting requirements

3. Schedule 3 - Fees and Charges: Detailed pricing structure, rates, and payment mechanisms

4. Schedule 4 - Personnel: Key personnel, qualifications, and roles

5. Schedule 5 - Implementation Plan: Timeline and milestones for service implementation

6. Schedule 6 - Approved Subcontractors: List of pre-approved subcontractors if applicable

7. Schedule 7 - Insurance Requirements: Specific insurance types and coverage levels

8. Schedule 8 - Security Requirements: Detailed security protocols and compliance requirements

9. Schedule 9 - Form of Change Request: Template for requesting and documenting changes

10. Schedule 10 - Exit Plan: Procedures for contract termination and service transition

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Australia

Publisher

Genie AI

Document Type

Supply Agreement

Sector

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Information Technology

Professional Services

Consulting

Facilities Management

Engineering

Healthcare

Education

Financial Services

Telecommunications

Construction

Marketing and Advertising

Transport and Logistics

Business Process Outsourcing

Legal Services

Environmental Services

Relevant Teams

Legal

Procurement

Operations

Commercial

Finance

Risk and Compliance

Project Management Office

Business Development

Service Delivery

Account Management

Supply Chain

Contract Administration

Relevant Roles

Chief Executive Officer

Chief Operating Officer

Procurement Manager

Contract Manager

Legal Counsel

Commercial Manager

Operations Manager

Project Manager

Risk Manager

Compliance Officer

Finance Manager

Business Development Manager

Service Delivery Manager

Account Manager

Department Head

General Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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