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General Terms Of Contract
I need an Australian General Terms of Contract for my technology consulting business to use with enterprise clients, with strong intellectual property protection clauses and data security provisions that comply with current privacy laws.
1. Parties: Identifies and provides full legal details of all parties to the agreement
2. Background: Sets out the context and purpose of the agreement
3. Definitions and Interpretation: Defines key terms and establishes rules for interpreting the agreement
4. Term and Commencement: Specifies when the agreement starts and its duration
5. Supply of Goods/Services: Outlines the core obligations regarding what is being provided under the contract
6. Pricing and Payment: Details the fees, payment terms, invoicing, and payment methods
7. GST and Taxes: Addresses treatment of GST and other applicable taxes
8. Obligations of the Parties: Lists key responsibilities and obligations of each party
9. Warranties and Representations: States the promises and assurances made by each party
10. Liability and Indemnities: Sets out liability limitations and indemnification obligations
11. Insurance: Specifies required insurance coverage
12. Confidentiality: Governs the treatment of confidential information
13. Intellectual Property: Addresses ownership and usage rights of IP
14. Termination: Details circumstances and process for ending the agreement
15. Dispute Resolution: Establishes process for resolving disagreements
16. General Provisions: Contains standard boilerplate clauses including governing law, notices, and assignment
1. Force Majeure: Include when parties want specific provisions for handling unforeseen events beyond their control
2. Data Protection and Privacy: Include when personal data is being collected, stored, or processed
3. Change Management: Include when the scope of services/goods may need to be modified during the term
4. Service Levels: Include when specific performance metrics need to be maintained
5. Audit Rights: Include when one party needs rights to audit the other's compliance
6. Business Continuity: Include for critical services requiring disaster recovery planning
7. Anti-Bribery and Corruption: Include when dealing with government entities or international trade
8. Modern Slavery Compliance: Include when supply chain risks exist or when required by law
9. Environmental Compliance: Include when environmental impacts are relevant to the contract
1. Schedule 1 - Pricing Schedule: Detailed breakdown of prices, 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 metrics and performance standards
4. Schedule 4 - Insurance Requirements: Detailed insurance requirements and minimum coverage
5. Schedule 5 - Form of Change Request: Template for requesting and documenting changes
6. Appendix A - Definitions: Extended list of defined terms if too lengthy for main agreement
7. Appendix B - Contact Details: Key contact information for both parties
8. Appendix C - Approved Subcontractors: List of pre-approved subcontractors if applicable
Authors
Retail
Manufacturing
Professional Services
Technology
Construction
Healthcare
Education
Financial Services
Telecommunications
Logistics and Supply Chain
Consumer Goods
Energy and Utilities
Mining and Resources
Agriculture
Real Estate
Legal
Procurement
Commercial
Operations
Risk and Compliance
Business Development
Supply Chain
Finance
Sales
Contract Administration
Legal Counsel
Commercial Manager
Procurement Manager
Contract Administrator
Business Development Manager
Operations Manager
Risk Manager
Compliance Officer
General Manager
Chief Legal Officer
Chief Executive Officer
Commercial Director
Procurement Director
Supply Chain Manager
Account Manager
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