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Operating Service Agreement Template for Australia

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Key Requirements PROMPT example:

Operating Service Agreement

"I need an Operating Service Agreement for my IT consulting company to provide managed infrastructure services to a healthcare provider in Queensland, with specific emphasis on data security and privacy compliance, starting from March 2025."

Document background
This Operating Service Agreement template is designed for use in the Australian business context where one party (the Service Provider) agrees to provide operational services to another party (the Customer). The agreement is particularly relevant for businesses seeking to outsource operational functions or establish long-term service delivery arrangements. It incorporates provisions compliant with Australian federal and state legislation, including consumer protection, privacy, and fair trading laws. The document includes comprehensive sections covering service specifications, performance standards, risk allocation, governance frameworks, and operational requirements. It is structured to accommodate various industry sectors and can be customized based on specific operational needs while maintaining regulatory compliance.
Suggested Sections

1. Parties: Identifies and provides full 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 Renewal: Specifies the initial term, renewal options, and conditions for extension

5. Services: Detailed description of the services to be provided and service delivery requirements

6. Service Levels and Performance: Establishes performance standards, KPIs, and measurement criteria

7. Fees and Payment: Details the fee structure, payment terms, and invoicing procedures

8. Personnel and Resources: Outlines requirements for personnel, equipment, and resources

9. Compliance and Reporting: Specifies compliance obligations and reporting requirements

10. Governance and Management: Establishes management structure, meetings, and decision-making processes

11. Intellectual Property: Addresses ownership and usage rights of IP created or used in service delivery

12. Confidentiality: Defines confidential information and protection obligations

13. Privacy and Data Protection: Sets out obligations for handling personal and sensitive information

14. Liability and Indemnities: Specifies liability limits and indemnification obligations

15. Insurance: Details required insurance coverage and obligations

16. Termination: Outlines termination rights, processes, and consequences

17. General Provisions: Contains standard boilerplate clauses including governing law, notices, and assignment

Optional Sections

1. Business Continuity and Disaster Recovery: Required when services are critical to business operations

2. Security Requirements: Needed when services involve sensitive data or systems

3. Change Management: Important for agreements where service requirements may evolve

4. Transition and Exit: Required for complex services requiring handover planning

5. Subcontracting: Necessary when service provider may use subcontractors

6. Force Majeure: Important for services vulnerable to external disruptions

7. Anti-Bribery and Corruption: Required for high-value or government-related contracts

8. Environmental and Social Responsibility: Important for services with environmental or social impacts

Suggested Schedules

1. Schedule 1 - Service Specifications: Detailed technical specifications of services to be provided

2. Schedule 2 - Service Levels and KPIs: Comprehensive metrics and performance standards

3. Schedule 3 - Fee Schedule: Detailed breakdown of fees, rates, and charging mechanisms

4. Schedule 4 - Governance Framework: Detailed procedures for contract management and oversight

5. Schedule 5 - Personnel Requirements: Key personnel, qualifications, and resource requirements

6. Schedule 6 - Implementation Plan: Timeline and milestones for service implementation

7. Schedule 7 - Approved Subcontractors: List of pre-approved subcontractors if applicable

8. Appendix A - Forms and Templates: Standard forms for reports, requests, and other documentation

9. Appendix B - Technical Requirements: Detailed technical specifications and standards

10. Appendix C - Business Continuity Plan: Detailed procedures for maintaining service continuity

Authors

Alex Denne

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

Relevant legal definitions
























































Clauses















































Relevant Industries

Information Technology

Manufacturing

Mining

Healthcare

Facilities Management

Logistics and Supply Chain

Professional Services

Telecommunications

Energy and Utilities

Infrastructure

Real Estate

Education

Relevant Teams

Legal

Operations

Procurement

Commercial

Risk and Compliance

Finance

Business Development

Project Management

Service Delivery

Contract Management

Facilities Management

Relevant Roles

Chief Operations Officer

Operations Manager

Contract Manager

Legal Counsel

Procurement Manager

Facility Manager

Service Delivery Manager

Risk Manager

Compliance Officer

Commercial Manager

Business Development Manager

Project Manager

Operations Director

General Counsel

Chief Financial Officer

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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