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Enterprise Service Agreement Template for Australia

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Key Requirements PROMPT example:

Enterprise Service Agreement

"I need an Enterprise Service Agreement for an IT managed services provider based in Sydney, serving a national retail chain, with specific emphasis on cybersecurity requirements and 24/7 service availability starting March 2025."

Document background
The Enterprise Service Agreement is designed for use in the Australian market where businesses require a robust legal framework for complex, ongoing service arrangements. This agreement type is particularly suited when organizations need to formalize long-term service relationships that involve significant operational integration, regular performance monitoring, and clear accountability measures. It addresses key aspects of service delivery including scope, service levels, pricing, governance, and risk allocation, while ensuring compliance with Australian regulatory requirements such as the Competition and Consumer Act, Privacy Act, and relevant industry regulations. The agreement is structured to provide both flexibility for service evolution and certainty for business planning, making it ideal for significant business relationships where service quality and reliability are paramount.
Suggested Sections

1. Parties: Identifies and provides full legal details of all parties to the agreement

2. Background: Sets out the context and commercial objectives of the agreement

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

4. Term and Extension: Specifies initial term, renewal options and termination dates

5. Services: Outlines the core services to be provided and service standards

6. Service Levels: Defines performance metrics, measurement and reporting requirements

7. Fees and Payment: Details pricing, payment terms, invoicing and review mechanisms

8. Personnel: Requirements for service provider staff, key personnel, and subcontractors

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

10. Confidentiality: Protects confidential information and trade secrets

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

12. Liability and Indemnities: Allocates risks and establishes liability caps

13. Insurance: Specifies required insurance coverage

14. Termination: Details termination rights, process and consequences

15. Dispute Resolution: Establishes process for resolving disputes

16. General Provisions: Standard boilerplate clauses including governing law, notices, etc.

Optional Sections

1. Change Management: For agreements where scope or requirements may change significantly

2. Business Continuity: Required for critical services or high-availability requirements

3. Security Requirements: For services involving sensitive data or systems

4. Transition Services: When complex implementation or exit transitions are needed

5. Audit Rights: For regulated industries or where compliance verification is critical

6. Performance Reviews: For long-term strategic relationships requiring governance

7. Marketing and Publicity: When parties want to control public announcements

8. Environmental Compliance: For services with environmental impacts

9. Parent Company Guarantee: When additional financial security is required

Suggested Schedules

1. Schedule 1 - Services Description: Detailed specification of services to be provided

2. Schedule 2 - Service Levels and KPIs: Comprehensive metrics and measurement methods

3. Schedule 3 - Pricing and Fees: Detailed pricing models, rates and charging mechanisms

4. Schedule 4 - Implementation Plan: Timeline and milestones for service implementation

5. Schedule 5 - Governance and Reporting: Management structure and reporting requirements

6. Schedule 6 - Form of Change Request: Template for requesting and documenting changes

7. Schedule 7 - Security Requirements: Detailed security standards and procedures

8. Schedule 8 - Business Continuity Plan: Disaster recovery and service continuation procedures

9. Schedule 9 - Exit Plan: Procedures for contract termination and service transition

10. Schedule 10 - Approved Subcontractors: List of pre-approved subcontractors and their roles

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

Professional Services

Telecommunications

Facilities Management

Business Process Outsourcing

Financial Services

Healthcare

Manufacturing

Energy and Utilities

Mining and Resources

Education

Government Services

Relevant Teams

Legal

Procurement

Operations

Finance

Risk and Compliance

Information Technology

Commercial

Service Delivery

Account Management

Project Management

Business Development

Relevant Roles

Chief Executive Officer

Chief Operating Officer

Chief Financial Officer

General Counsel

Commercial Director

Procurement Manager

Contract Manager

Operations Manager

Risk Manager

Compliance Officer

Service Delivery Manager

Account Executive

Project Manager

Business Development Manager

Technical Director

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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