Consultant Services Master Agreement Template for Australia

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Key Requirements PROMPT example:

Consultant Services Master Agreement

"I need a Consultant Services Master Agreement for my technology company based in Sydney, with strong IP protection clauses and data security provisions, as we'll be engaging IT consultants who will have access to our proprietary software and customer data."

Document background
The Consultant Services Master Agreement is designed for organizations in Australia that regularly engage external consultants or consulting firms for various projects and services. This agreement serves as an umbrella contract that establishes the primary commercial and legal framework, eliminating the need to negotiate basic terms for each new engagement. It addresses key aspects such as service delivery, intellectual property rights, confidentiality, liability, and payment terms, while allowing flexibility through individual service orders. The agreement is structured to comply with Australian legislation, including the Independent Contractors Act 2006 and relevant state laws, making it suitable for both corporate clients and consulting service providers who require a robust legal framework for their ongoing business relationship.
Suggested Sections

1. Parties: Identifies and provides details of the contracting parties - the service provider (consultant) and the client

2. Background: Sets out the context of the agreement and the parties' intentions

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

4. Term and Termination: Specifies the duration of the agreement and circumstances for termination

5. Engagement and Scope: Establishes the nature of the relationship and general framework for services

6. Service Orders: Process for requesting and accepting specific consulting assignments

7. Consultant Obligations: Key responsibilities and service standards expected from the consultant

8. Client Obligations: Client's responsibilities including provision of information and access

9. Fees and Payment: Payment terms, invoicing procedures, and expense policies

10. Intellectual Property Rights: Ownership and usage rights for created materials and pre-existing IP

11. Confidentiality: Protection and handling of confidential information

12. Privacy and Data Protection: Obligations regarding personal data handling and privacy compliance

13. Liability and Indemnification: Risk allocation between parties and liability limitations

14. Insurance: Required insurance coverage and minimum limits

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

Optional Sections

1. Non-Competition: Restrictions on competitive activities, used when consultant may gain competitive insights

2. Non-Solicitation: Prevents poaching of employees/clients, included when there's significant exposure to internal resources

3. Security Requirements: Specific security protocols, needed when handling sensitive information or accessing secure systems

4. Compliance with Client Policies: Adherence to client's internal policies, included for on-site or integrated consultants

5. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term or critical service arrangements

6. Business Continuity: Disaster recovery and service continuation requirements, for critical service provisions

7. Audit Rights: Client's right to audit consultant's records, important for regulated industries or complex billing arrangements

8. Change Control: Process for managing changes to services or terms, useful for long-term or complex engagements

Suggested Schedules

1. Schedule 1 - Fee Schedule: Detailed rate cards, payment terms, and expense policies

2. Schedule 2 - Service Levels: Performance metrics, reporting requirements, and quality standards

3. Schedule 3 - Standard Service Order Template: Template for individual service requests under the master agreement

4. Schedule 4 - Insurance Requirements: Specific insurance types, coverage amounts, and certificate requirements

5. Schedule 5 - Key Personnel: Identification of essential consultant team members and their roles

6. Schedule 6 - Approved Subcontractors: List of pre-approved subcontractors and their authorized scope

7. Appendix A - Security and Privacy Requirements: Detailed security protocols and privacy compliance requirements

8. Appendix B - Client Policies: Relevant client policies that consultant must comply with

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

Clauses
Relevant Industries

Technology

Financial Services

Healthcare

Professional Services

Manufacturing

Education

Energy

Construction

Telecommunications

Mining

Retail

Government

Non-profit

Relevant Teams

Legal

Procurement

Finance

Human Resources

Operations

Risk Management

Compliance

Commercial

Vendor Management

Project Management Office

Business Development

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Legal Officer

General Counsel

Procurement Manager

Contract Manager

Project Manager

Legal Counsel

HR Director

Operations Manager

Risk Manager

Compliance Officer

Business Unit Director

Commercial Manager

Vendor 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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