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Fixed Fee Agreement

Fixed Fee Agreement Template for Australia

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Key Requirements PROMPT example:

Fixed Fee Agreement

"I need a Fixed Fee Agreement for my consulting firm to provide business advisory services to a medium-sized retail company, with a six-month project timeline starting March 2025 and including provisions for protecting client data and regular progress reporting."

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Document background
The Fixed Fee Agreement is essential for businesses and professionals operating in Australia who provide services for a predetermined fee rather than time-based billing. This document is particularly valuable when the scope of work can be clearly defined and quantified upfront, allowing for better cost certainty for both parties. It includes comprehensive terms covering service delivery, payment conditions, and risk allocation, while ensuring compliance with Australian Consumer Law and state-specific regulations. The agreement is commonly used in professional services, consulting, and project-based work where the deliverables and costs can be accurately predicted. It serves to prevent scope creep and payment disputes by clearly documenting all terms and conditions at the outset of the engagement.
Suggested Sections

1. Parties: Identification and details of all parties to the agreement

2. Background: Context of the agreement and relationship between the parties

3. Definitions and Interpretation: Defined terms and rules for interpreting the agreement

4. Scope of Services: Detailed description of services to be provided

5. Fixed Fee and Payment Terms: Fee amount, payment schedule, and related conditions

6. Service Provider's Obligations: Key responsibilities and commitments of the service provider

7. Client's Obligations: Key responsibilities and commitments of the client

8. Term and Termination: Duration of agreement and termination provisions

9. Intellectual Property: Ownership and rights regarding IP created or used

10. Confidentiality: Protection of confidential information

11. Liability and Indemnities: Risk allocation between parties

12. Dispute Resolution: Process for resolving disputes

13. General Provisions: Standard boilerplate clauses including governing law

Optional Sections

1. Change Management: Procedures for handling scope changes or variations - include when services may require modification

2. Force Majeure: Provisions for unforeseen circumstances - important for long-term or high-risk services

3. Insurance: Insurance requirements - include for high-risk or regulated services

4. Data Protection: Specific data handling requirements - include when personal or sensitive data is involved

5. Warranties: Specific service guarantees - include for technical or specialized services

6. Acceptance Testing: Criteria for accepting deliverables - include for technical or staged delivery services

7. Subcontracting: Terms for engaging subcontractors - include when subcontracting is likely

8. Service Levels: Specific performance metrics - include for ongoing service arrangements

Suggested Schedules

1. Schedule 1 - Service Specification: Detailed description of services, deliverables, and technical requirements

2. Schedule 2 - Fee Schedule: Breakdown of fees, payment milestones, and any additional charges

3. Schedule 3 - Service Levels: Detailed performance metrics and measurement criteria

4. Schedule 4 - Project Timeline: Key dates, milestones, and delivery schedule

5. Schedule 5 - Personnel: Key personnel and their roles (if applicable)

6. Appendix A - Special Conditions: Any special terms or conditions specific to the engagement

7. Appendix B - Required Forms: Standard forms or templates to be used during service delivery

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Clauses
Interpretation
Definitions
Services
Fixed Fee
Payment Terms
Service Provider Obligations
Client Obligations
Intellectual Property
Confidentiality
Data Protection
Warranties
Indemnification
Liability Limitation
Force Majeure
Term
Termination
Insurance
Dispute Resolution
Governing Law
Assignment
Subcontracting
Notices
Variation
Entire Agreement
Severability
Waiver
Relationship of Parties
Compliance with Laws
GST
Change Control
Performance Standards
Acceptance Testing
Personnel
Record Keeping
Audit Rights
Relevant Industries

Professional Services

Information Technology

Consulting

Legal Services

Financial Services

Engineering

Architecture

Construction

Marketing and Advertising

Business Advisory

Education and Training

Healthcare Services

Project Management

Relevant Teams

Legal

Finance

Commercial

Operations

Procurement

Sales

Business Development

Project Management

Account Management

Risk and Compliance

Contract Administration

Relevant Roles

Contract Manager

Legal Counsel

Business Development Manager

Project Manager

Finance Manager

Commercial Director

Operations Manager

Procurement Officer

Account Executive

Sales Manager

Managing Director

Chief Financial Officer

Chief Executive Officer

Consultant

Professional Services Director

Industries
Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010): Provides consumer protections and regulations for business practices, including unfair contract terms, consumer guarantees, and misleading conduct provisions.
Competition and Consumer Act 2010 (Cth): Governs business conduct and competition law in Australia, including provisions about anti-competitive behavior and fair trading.
Contract Law - Australian Common Law: Common law principles governing contract formation, terms, performance, and remedies for breach.
Electronic Transactions Act 1999 (Cth): Regulates electronic communications in business transactions and validates electronic signatures and contracts.
A New Tax System (Goods and Services Tax) Act 1999: Governs GST requirements for service agreements and fixed fee arrangements.
Personal Property Securities Act 2009: Relevant if the agreement includes any security interests or payment terms involving personal property.
State Fair Trading Acts: State-specific legislation governing fair trading and consumer protection (varies by state/territory).
Privacy Act 1988 (Cth): Relevant for handling personal information and privacy requirements in the agreement.
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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