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Evergreen Agreement for Australia

Evergreen Agreement Template for Australia

A comprehensive perpetual agreement template designed for Australian jurisdiction, incorporating key elements of Australian contract law and consumer protection legislation. This agreement establishes an ongoing commercial relationship between parties with no fixed end date, while including robust mechanisms for price adjustments, service modifications, and termination rights. The document addresses critical aspects of long-term business relationships including change management, dispute resolution, and regulatory compliance, with specific attention to Australian legal requirements and business practices.

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What is a Evergreen Agreement?

This Evergreen Agreement template is designed for use in establishing long-term commercial relationships under Australian law where parties intend to maintain an ongoing business relationship without a predetermined end date. It is particularly suitable for continuous service arrangements, recurring supply relationships, or long-term partnerships where flexibility and longevity are essential. The document incorporates provisions compliant with Australian contract law, consumer protection legislation, and competition law requirements, while providing mechanisms for price adjustments, service modifications, and termination rights. Key features include change management procedures, performance review mechanisms, and dispute resolution processes tailored to the Australian legal context. This template should be used when parties seek to establish a stable, continuing relationship while maintaining the ability to adapt to changing business conditions over time.

What sections should be included in a Evergreen Agreement?

1. Parties: Identification of all parties to the agreement, including their legal names, addresses, and registration details

2. Background: Context of the agreement, relationship between parties, and purpose of the perpetual arrangement

3. Definitions: Comprehensive list of defined terms used throughout the agreement, including specific terms related to the ongoing nature

4. Term and Continuation: Specification of the evergreen nature, including commencement date and continuation mechanics

5. Services/Obligations: Detailed description of core services or obligations, including evolution mechanisms

6. Payment Terms: Payment obligations, pricing mechanisms, and price review provisions

7. Price Adjustment: Mechanisms for periodic price reviews and adjustments, including indices and calculation methods

8. Performance Standards: Required service levels and performance metrics, including review mechanisms

9. Change Management: Processes for implementing changes to services, terms, or requirements over time

10. Termination Rights: Specific circumstances and procedures for termination despite perpetual nature

11. Dispute Resolution: Procedures for resolving disputes, including escalation processes

12. Confidentiality: Protection of confidential information, including long-term obligations

13. General Provisions: Standard boilerplate clauses adapted for long-term application

What sections are optional to include in a Evergreen Agreement?

1. Intellectual Property: Rights and obligations regarding IP, used when services involve IP creation or licensing

2. Data Protection: Data handling and privacy obligations, required when personal data is processed

3. Insurance: Insurance requirements, included for high-risk or regulated services

4. Security Requirements: Security standards and protocols, needed for sensitive operations or data handling

5. Regulatory Compliance: Specific regulatory obligations, included for regulated industries

6. Business Continuity: Disaster recovery and business continuity requirements, for critical services

7. Exit Management: Detailed exit procedures, included for complex service arrangements

What schedules should be included in a Evergreen Agreement?

1. Service Description Schedule: Detailed specifications of services or products covered

2. Pricing Schedule: Detailed pricing structures, including adjustment mechanisms and calculations

3. Service Levels Schedule: Specific performance metrics, measurement methods, and remedies

4. Change Control Procedure: Detailed procedures for implementing and managing changes

5. Key Personnel: List of key personnel and roles from both parties

6. Technical Requirements: Technical specifications and standards to be maintained

7. Governance Procedures: Detailed governance and reporting requirements

Authors

Alex Denne

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

Jurisdiction

Australia

Publisher

Ƶ

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions

































Clauses




































Relevant Industries

Information Technology

Professional Services

Telecommunications

Facilities Management

Manufacturing

Healthcare

Financial Services

Business Process Outsourcing

Utilities

Property Management

Relevant Teams

Legal

Procurement

Commercial

Operations

Finance

Risk and Compliance

Business Development

Account Management

Service Delivery

Senior Management

Relevant Roles

Legal Counsel

Commercial Manager

Procurement Manager

Contract Administrator

Business Development Manager

Operations Director

Chief Financial Officer

Risk Manager

Compliance Officer

Service Delivery Manager

Account Executive

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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