Business Development Contract Template for Australia

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Key Requirements PROMPT example:

Business Development Contract

"I need a Business Development Contract for engaging an external consultant to expand our software company's presence in the Australian healthcare sector, with a focus on performance-based compensation and strict data protection requirements due to handling sensitive medical information."

Document background
The Business Development Contract is a crucial legal instrument used in Australian business contexts when a company seeks to engage external expertise for business growth and market expansion. This document is essential when establishing formal relationships with business development professionals or companies who will represent the principal company's interests in generating new business opportunities, developing strategic partnerships, or expanding market presence. The agreement, governed by Australian law, typically includes comprehensive terms covering service scope, compensation models, performance expectations, territorial rights, and protection mechanisms for confidential information and intellectual property. It's particularly relevant in scenarios where companies need to clearly define the parameters of the business development relationship while ensuring compliance with Australian regulatory requirements, including the Competition and Consumer Act 2010 and relevant state-based fair trading legislation.
Suggested Sections

1. Parties: Identification and details of the contracting parties

2. Background: Context of the agreement and business relationship

3. Definitions: Key terms used throughout the agreement

4. Appointment and Scope: Terms of appointment and scope of business development services

5. Term and Termination: Duration of the agreement and termination provisions

6. Obligations and Responsibilities: Key duties and responsibilities of each party

7. Compensation and Payment Terms: Fee structure, payment terms, and commission arrangements

8. Performance Metrics: KPIs and performance measurement criteria

9. Intellectual Property Rights: Ownership and usage of IP created or used during the engagement

10. Confidentiality: Protection of confidential information and trade secrets

11. Non-Competition and Non-Solicitation: Restrictions on competitive activities and client solicitation

12. Representations and Warranties: Standard assurances from both parties

13. Liability and Indemnification: Risk allocation between parties

14. General Provisions: Standard boilerplate clauses including governing law, notices, etc.

Optional Sections

1. Territory Rights: Used when the business development activities are restricted to specific geographic regions

2. Marketing and Branding: Include when the business developer will be representing the company's brand

3. Training and Support: Required when the principal company needs to provide specific training or resources

4. Minimum Performance Requirements: Include when setting specific sales or performance targets

5. Data Protection: Required when handling personal or sensitive business data

6. Force Majeure: Include when specific provisions for unforeseen circumstances are needed

7. Insurance Requirements: Used when specific insurance coverage is required

8. Dispute Resolution: Include when specific dispute resolution procedures are preferred

9. Assignment and Subcontracting: Include when there's a need to control transfer of rights or use of subcontractors

Suggested Schedules

1. Schedule 1 - Services Description: Detailed description of business development services to be provided

2. Schedule 2 - Compensation Structure: Detailed breakdown of fees, commissions, and payment calculations

3. Schedule 3 - Performance Metrics and KPIs: Specific targets, measurement methods, and reporting requirements

4. Schedule 4 - Territory Map: Geographic areas covered by the agreement

5. Schedule 5 - Approved Marketing Materials: Pre-approved marketing content and guidelines

6. Schedule 6 - Reporting Templates: Standard forms for activity and performance reporting

7. Appendix A - Contact Details: Key contacts and communication protocols

8. Appendix B - Compliance Requirements: Specific regulatory or industry compliance requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 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

Technology

Professional Services

Manufacturing

Financial Services

Healthcare

Real Estate

Retail

Education

Construction

Telecommunications

Energy

Mining

Agricultural

Transportation and Logistics

Media and Entertainment

Relevant Teams

Business Development

Sales

Legal

Commercial

Operations

Strategy

Corporate Development

Partner Relations

Marketing

Finance

Compliance

Relevant Roles

Business Development Manager

Sales Director

Chief Commercial Officer

Strategic Partnership Manager

Growth Manager

Market Development Executive

Commercial Director

Business Development Representative

Channel Partner Manager

Chief Executive Officer

Managing Director

Legal Counsel

Contract Manager

Chief Operating 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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