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Master Service Agreement Template for Australia

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Key Requirements PROMPT example:

Master Service Agreement

"I need a Master Service Agreement for my IT consulting company based in Sydney, which will be providing cloud migration and cybersecurity services to enterprise clients in the financial services sector, with specific focus on data protection and security compliance requirements."

Document background
This Master Service Agreement is designed for use in commercial relationships where a service provider will provide ongoing services to a customer over an extended period. It serves as the primary agreement governing the relationship between the parties under Australian law, with specific services, pricing, and deliverables detailed in subsequent statements of work or work orders. The agreement includes comprehensive provisions for service delivery, performance standards, risk allocation, intellectual property rights, data protection, and dispute resolution. It is particularly suitable for complex service arrangements where flexibility is required to accommodate varying service requirements while maintaining consistent commercial and legal terms.
Suggested Sections

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, including any relevant history or relationship between the parties

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules

4. Term and Renewal: Specifies the initial term of the agreement and any renewal provisions

5. Services: Outlines the general framework for services to be provided under the agreement

6. Service Standards: Establishes the quality standards, KPIs, and service levels required

7. Ordering Process: Details how specific services will be ordered through statements of work or work orders

8. Fees and Payment: Sets out the fee structure, payment terms, and invoicing requirements

9. Personnel: Specifies requirements for personnel delivering services, including qualifications and security clearance

10. Intellectual Property: Addresses ownership and licensing of pre-existing and newly created IP

11. Confidentiality: Details obligations regarding confidential information protection

12. Privacy and Data Protection: Establishes requirements for handling personal and sensitive data

13. Liability and Indemnities: Sets out liability limitations and indemnification obligations

14. Insurance: Specifies required insurance coverage and limits

15. Termination: Details circumstances and processes for agreement termination

16. Dispute Resolution: Establishes procedures for resolving disputes

17. General Provisions: Includes standard boilerplate clauses such as notices, assignment, and governing law

Optional Sections

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

2. Business Continuity: Add when service continuity is critical to client operations

3. Change Management: Include for complex services requiring formal change processes

4. Transition Services: Add when complex service transition in or out is required

5. Compliance and Audit: Include for regulated industries or when regular audits are needed

6. Environmental Requirements: Add when services have environmental impacts or sustainability requirements

7. Modern Slavery Compliance: Include for large contracts or when dealing with international supply chains

8. Force Majeure: Add detailed provisions when service continuity is critical

9. Anti-Bribery and Corruption: Include for international services or high-risk industries

Suggested Schedules

1. Schedule 1 - Service Descriptions: Detailed descriptions of all available services under the MSA

2. Schedule 2 - Pricing and Rates: Comprehensive fee structure, rates, and pricing mechanisms

3. Schedule 3 - Service Levels: Detailed service level agreements, KPIs, and measurement methods

4. Schedule 4 - Governance: Management structure, meeting requirements, and reporting obligations

5. Schedule 5 - Form of Statement of Work: Template for ordering specific services under the MSA

6. Schedule 6 - Security Requirements: Detailed security protocols and requirements

7. Schedule 7 - Insurance Requirements: Specific insurance types and coverage levels required

8. Schedule 8 - Approved Subcontractors: List of pre-approved subcontractors and their scope

9. Appendix A - Change Request Form: Template for requesting and documenting changes to services

10. Appendix B - Report Templates: Standard templates for required service reports

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

Consulting

Facilities Management

Business Process Outsourcing

Healthcare Services

Engineering Services

Telecommunications

Construction Services

Financial Services

Manufacturing

Logistics and Supply Chain

Education and Training

Relevant Teams

Legal

Procurement

Commercial

Finance

Operations

Risk and Compliance

Business Development

Account Management

Service Delivery

Executive Leadership

Relevant Roles

Chief Legal Officer

General Counsel

Legal Counsel

Commercial Manager

Procurement Manager

Contract Manager

Chief Financial Officer

Operations Director

Project Manager

Risk Manager

Compliance Officer

Business Development Manager

Account Manager

Service Delivery Manager

Chief Operations 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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