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Master Client Agreement for Australia

Master Client Agreement Template for Australia

A comprehensive legal agreement governed by Australian law that establishes the foundation for an ongoing business relationship between a service provider and its client. This agreement sets out the fundamental terms and conditions that will govern all future services, including the framework for statements of work, payment terms, intellectual property rights, confidentiality obligations, and other essential commercial terms. It incorporates key requirements under Australian legislation, including consumer protection, privacy, and electronic transactions laws, while providing flexibility to accommodate various service types and industry-specific requirements.

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What is a Master Client Agreement?

The Master Client Agreement serves as the primary contractual framework for establishing and managing ongoing business relationships between service providers and their clients in Australia. This document is typically used when parties anticipate multiple service engagements over time and need a robust legal framework that can accommodate various projects or services through separate statements of work. The agreement incorporates essential provisions required under Australian law, including compliance with the Competition and Consumer Act 2010, Privacy Act 1988, and relevant state legislation. It provides comprehensive coverage of key commercial terms while maintaining flexibility to adapt to specific service requirements, making it suitable for various industries and service types. The Master Client Agreement is designed to reduce negotiation time for subsequent engagements while ensuring adequate protection for both parties' interests.

What sections should be included in a Master Client Agreement?

1. Parties: Identifies the contracting parties and their legal status

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

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

4. Term and Termination: Duration of the agreement, renewal provisions, and termination rights

5. Services Framework: Overview of how services will be engaged and delivered

6. Statements of Work: Process for creating, approving and managing individual statements of work

7. Fees and Payment: Payment terms, invoicing, expenses, and rate review mechanisms

8. Performance Standards: Service levels, quality requirements, and performance measurement

9. Personnel: Requirements for personnel, key personnel provisions, and substitution rights

10. Intellectual Property Rights: Ownership and licensing of pre-existing and created IP

11. Confidentiality: Protection and handling of confidential information

12. Data Protection and Privacy: Compliance with privacy laws and data handling requirements

13. Liability and Insurance: Liability caps, required insurance coverage, and indemnities

14. Force Majeure: Rights and obligations during force majeure events

15. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law

What sections are optional to include in a Master Client Agreement?

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

2. Business Continuity: Add for critical services requiring disaster recovery planning

3. Audit Rights: Include for regulated industries or when compliance verification is crucial

4. Anti-Bribery and Corruption: Add for international services or high-risk industries

5. Environmental and Social Responsibility: Include when alignment with ESG policies is important

6. Change Control: Add for complex services requiring formal change management

7. Transition Services: Include when complex service transition in or out is required

8. Parent Company Guarantee: Add when financial security from a parent company is required

What schedules should be included in a Master Client Agreement?

1. Schedule 1 - Pricing and Payment Terms: Detailed fee structures, rates, and payment mechanisms

2. Schedule 2 - Service Levels: Detailed service level agreements, KPIs, and measurement methods

3. Schedule 3 - Standard Form Statement of Work: Template for creating individual statements of work

4. Schedule 4 - Insurance Requirements: Specific insurance types and coverage levels required

5. Schedule 5 - Security Requirements: Detailed security protocols and compliance requirements

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

7. Schedule 7 - Key Personnel: Identification of key personnel and their roles

8. Appendix A - Change Request Form: Standard form for requesting and documenting changes

9. Appendix B - Report Templates: Standard templates for required reporting

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

Master Agreement

Sector

Cost

Free to use
Relevant legal definitions





















































Clauses











































Relevant Industries

Professional Services

Information Technology

Consulting

Financial Services

Healthcare

Manufacturing

Construction

Telecommunications

Legal Services

Business Process Outsourcing

Engineering

Marketing and Advertising

Relevant Teams

Legal

Procurement

Commercial

Finance

Operations

Risk and Compliance

Sales

Business Development

Account Management

Executive Leadership

Relevant Roles

General Counsel

Legal Counsel

Contract Manager

Commercial Manager

Procurement Manager

Business Development Manager

Account Executive

Chief Financial Officer

Chief Operating Officer

Risk Manager

Compliance Officer

Project Manager

Operations Director

Sales Director

Partnership 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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