This Support Agreement template is designed for use in the Australian jurisdiction when establishing a formal support services relationship between a service provider and customer. It incorporates key requirements under Australian law, including the Competition and Consumer Act 2010 and Privacy Act 1988, while providing a comprehensive framework for service delivery, performance standards, and risk allocation. The document is particularly valuable when organizations need to establish clear parameters for ongoing support services, whether technical, operational, or maintenance-related, and includes essential provisions for service levels, response times, personnel requirements, and commercial terms. This template helps ensure compliance with Australian legal requirements while protecting both parties' interests through clear delineation of rights, obligations, and remedies.
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1. Parties: Identifies and provides details of all parties to the agreement
2. Background: Sets out the context and purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement
4. Scope of Services: Detailed description of support services to be provided
5. Service Levels: Defines performance standards and metrics for service delivery
6. Term and Renewal: Duration of the agreement and renewal provisions
7. Fees and Payment: Payment terms, fee structure, and invoicing requirements
8. Personnel and Resources: Requirements for service provider's staff and resources
9. Customer Obligations: Customer's responsibilities and requirements for service delivery
10. Intellectual Property: IP rights and obligations of both parties
11. Confidentiality: Protection and handling of confidential information
12. Data Protection and Privacy: Obligations regarding personal data handling and privacy
13. Liability and Indemnification: Risk allocation between parties
14. Termination: Termination rights and consequences
15. General Provisions: Standard legal provisions including notices, governing law, etc.
1. Equipment Supply: Include when physical equipment is provided as part of support services
2. Change Management: For complex services requiring formal change control processes
3. Disaster Recovery: When business continuity is critical to service delivery
4. Security Requirements: For services involving sensitive systems or data
5. Training: When service provider must provide training to customer staff
6. Transition Services: For complex services requiring handover from previous providers
7. Audit Rights: When regular auditing of services or compliance is required
8. Service Credits: When financial penalties apply for missed service levels
9. Regulatory Compliance: For highly regulated industries or services
1. Service Description: Detailed technical specifications of support services
2. Service Level Agreement: Detailed performance metrics, measurement methods, and reporting requirements
3. Fee Schedule: Detailed pricing, payment terms, and rate cards
4. Key Personnel: Details of key staff and roles
5. Support Procedures: Operational procedures, escalation processes, and contact details
6. Equipment Specifications: Technical details of any equipment provided
7. Acceptance Testing: Testing procedures and acceptance criteria
8. Security Requirements: Detailed security protocols and requirements
9. Business Continuity Plan: Disaster recovery and business continuity procedures
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