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Cost And Fee Contract
"I need a Cost And Fee Contract for my IT consulting firm based in Sydney to provide software development services to a major retail client, with a base fee structure plus performance bonuses and detailed cost recovery mechanisms for third-party software licenses."
1. Parties: Identification and details of all contracting parties
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Definitions of key terms used throughout the contract
4. Scope of Services: Detailed description of services to be provided under the contract
5. Fee Structure: Breakdown of fees, costs, and charging methodology
6. Payment Terms: Payment schedule, invoicing requirements, and payment methods
7. Cost Recovery: Details of recoverable costs and reimbursable expenses
8. Service Standards: Quality standards and performance requirements
9. Term and Termination: Duration of the agreement and termination provisions
10. Obligations and Responsibilities: Key responsibilities of each party
11. Records and Reporting: Requirements for maintaining records and reporting on costs and fees
12. Confidentiality: Protection of confidential information and trade secrets
13. Dispute Resolution: Process for resolving disputes between parties
14. General Provisions: Standard boilerplate clauses including governing law, notices, and amendments
1. Service Level Agreement: Detailed performance metrics and service levels, used when specific performance standards need to be measured
2. Risk Allocation: Specific provisions for risk sharing and liability caps, used in high-risk or high-value contracts
3. Intellectual Property: IP ownership and licensing provisions, used when services involve creation or use of intellectual property
4. Personnel Requirements: Specific requirements for key personnel, used when particular expertise or qualifications are essential
5. Change Management: Process for handling changes to scope or fees, used in long-term or complex service arrangements
6. Security Requirements: Information security and data protection provisions, used when sensitive data is involved
7. Transition Services: Provisions for service transition at start and end of contract, used in complex service arrangements
1. Schedule 1 - Fee Schedule: Detailed breakdown of all fees, rates, and charging structures
2. Schedule 2 - Scope of Services: Detailed specification of services to be provided
3. Schedule 3 - Recoverable Costs: List of specific costs that can be recovered from the client
4. Schedule 4 - Key Personnel: Details of key personnel and their roles
5. Schedule 5 - Service Levels: Specific performance metrics and service level requirements
6. Appendix A - Rate Card: Standard rates for additional services or personnel
7. Appendix B - Reporting Templates: Standard templates for cost and fee reporting
8. Appendix C - Invoice Format: Approved format for invoices and supporting documentation
Authors
Applicable Laws
Approved Expenses
Base Fee
Business Day
Change Order
Client
Commencement Date
Confidential Information
Contract Price
Cost Components
Direct Costs
Expenses
Fee
Force Majeure Event
GST
Indirect Costs
Key Personnel
Milestone
Overhead Costs
Payment Terms
Performance Standards
Personnel
Project
Rate Card
Recoverable Costs
Reimbursable Expenses
Scope of Services
Service Provider
Services
Success Fee
Term
Third Party Costs
Time Sheets
Variation
Work Order
Appointment
Term
Services
Fee Structure
Cost Recovery
Payment Terms
Invoicing
Performance Standards
Service Levels
Personnel
Reporting Requirements
Record Keeping
Confidentiality
Intellectual Property
Data Protection
Insurance
Indemnification
Liability
Force Majeure
Termination
Suspension
Change Management
Dispute Resolution
Assignment
Subcontracting
Notices
Governing Law
Variation
Entire Agreement
Severability
GST and Taxation
Warranties
Compliance with Laws
Anti-Bribery and Corruption
Work Health and Safety
Environmental Compliance
Quality Assurance
Audit Rights
Relationship of Parties
Professional Services
Construction
Engineering
Consulting
Legal Services
Information Technology
Architecture
Project Management
Financial Services
Healthcare
Education
Research and Development
Legal
Finance
Commercial
Operations
Procurement
Risk and Compliance
Project Management Office
Business Development
Account Management
Service Delivery
Contract Manager
Project Director
Commercial Manager
Legal Counsel
Finance Manager
Operations Director
Procurement Manager
Cost Controller
Business Development Manager
Risk Manager
Compliance Officer
Account Manager
Service Delivery Manager
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