The Service Framework Agreement is designed for businesses operating in Australia that require a structured approach to managing ongoing service relationships. It provides a master agreement framework under which specific services can be ordered and delivered over time, without the need to negotiate new terms for each service requirement. This type of agreement is particularly useful for organizations seeking to establish long-term service relationships with consistent terms, governance structures, and performance standards. The agreement incorporates key requirements under Australian law and commercial practice, including consumer protection, privacy, and fair trading provisions. It is typically used when a customer anticipates requiring multiple or ongoing services from a provider and wants to establish standardized terms, pricing mechanisms, and operational procedures upfront.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and relationship between the parties
3. Definitions and Interpretation: Defined terms and rules of interpretation
4. Term and Extension: Duration of the agreement and extension mechanisms
5. Services Framework: Overview of services structure and delivery mechanism
6. Service Standards: Quality requirements and performance standards
7. Ordering Process: Procedure for requesting and confirming specific services
8. Charges and Payment: Pricing structure, invoicing, and payment terms
9. Governance and Reporting: Management structure, meetings, and reporting requirements
10. Compliance and Audit: Regulatory compliance obligations and audit rights
11. Personnel and Resources: Requirements for service delivery personnel and resources
12. Intellectual Property: IP ownership, licenses, and protection
13. Confidentiality and Privacy: Protection of confidential information and privacy obligations
14. Liability and Insurance: Risk allocation, limitations of liability, and insurance requirements
15. Termination: Termination rights and procedures
16. Post-Termination Obligations: Obligations surviving termination and transition arrangements
17. General Provisions: Standard boilerplate clauses including governing law, notices, etc.
1. Change Control: Formal process for varying services or agreement terms - include for complex or long-term arrangements
2. Business Continuity: Disaster recovery and business continuity requirements - include for critical services
3. Security Requirements: Specific security protocols and requirements - include for services involving sensitive data or systems
4. Performance Credits: Service level credits and compensation mechanism - include for critical service levels
5. Anti-Bribery and Modern Slavery: Specific compliance obligations - include for international services or high-risk sectors
6. Parent Company Guarantee: Parent company support provisions - include when service provider is a subsidiary
7. Market Testing: Benchmarking and market testing provisions - include for long-term high-value agreements
1. Schedule 1 - Services Description: Detailed description of services to be provided
2. Schedule 2 - Service Levels: Specific performance metrics and measurement methodology
3. Schedule 3 - Charges: Detailed pricing structure, rates, and charging mechanisms
4. Schedule 4 - Governance: Detailed governance framework including key personnel and escalation procedures
5. Schedule 5 - Form of Work Order: Template for individual service requests under the framework
6. Schedule 6 - Security Requirements: Detailed security protocols and compliance requirements
7. Schedule 7 - Implementation Plan: Timeline and process for service implementation
8. Schedule 8 - Exit Plan: Transition out procedures and requirements
9. Appendix A - Pro forma Documents: Standard forms and templates used under the agreement
10. Appendix B - Policies and Procedures: Relevant operational policies and procedures
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