Master Consulting Agreement Generator for Australia

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Key Requirements PROMPT example:

Master Consulting Agreement

"I need a Master Consulting Agreement for my IT consulting firm based in Sydney, providing cybersecurity services to financial institutions, with specific emphasis on data protection and cross-border data transfers."

Document background
This Master Consulting Agreement is designed for use in the Australian business context when establishing long-term consulting relationships that may involve multiple projects or engagements. The agreement serves as an umbrella contract under which specific statements of work or service orders can be executed, streamlining the procurement of consulting services while maintaining consistent terms and conditions. It incorporates provisions required by Australian law, including protections under the Independent Contractors Act 2006, privacy requirements, and intellectual property considerations. The document is structured to protect both parties' interests while facilitating efficient business operations and clear understanding of rights, obligations, and commercial terms.
Suggested Sections

1. Parties: Identifies 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: Defines key terms used throughout the agreement

4. Appointment and Scope: Establishes the consultant's appointment and the general framework for services

5. Service Requirements: Details the standard of services, performance requirements, and delivery expectations

6. Term: Specifies the duration of the agreement and renewal provisions

7. Fees and Payment: Outlines the fee structure, payment terms, and invoicing requirements

8. Obligations of the Consultant: Lists the consultant's key responsibilities and commitments

9. Obligations of the Client: Specifies the client's responsibilities and commitments

10. Intellectual Property: Addresses ownership and usage rights of pre-existing and created IP

11. Confidentiality: Covers confidentiality obligations and information handling requirements

12. Privacy and Data Protection: Details requirements for handling personal and sensitive information

13. Liability and Indemnity: Sets out liability limitations and indemnification obligations

14. Insurance: Specifies required insurance coverage and minimum amounts

15. Termination: Details termination rights, process, and consequences

16. General Provisions: Includes standard boilerplate clauses like notices, governing law, and dispute resolution

Optional Sections

1. Non-Competition: Restricts consultant's ability to work with competitors - used when sensitive competitive information is involved

2. Personnel and Subcontracting: Regulates use of subcontractors and key personnel - needed when specific individuals are crucial to service delivery

3. Change Control: Establishes process for managing changes to services - important for complex or long-term engagements

4. Service Levels: Defines specific performance metrics - used when quantifiable service levels are required

5. Business Continuity: Requires disaster recovery and business continuity plans - important for critical service providers

6. Compliance with Client Policies: Requires adherence to client's internal policies - used when consultant works closely with client operations

7. Marketing and Publicity: Controls public announcements and references - important for high-profile relationships

8. Anti-Bribery and Corruption: Additional compliance requirements - important for international work or government-related services

Suggested Schedules

1. Schedule 1 - Services Description: Detailed description of services to be provided under the agreement

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms

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

4. Schedule 4 - Key Personnel: Names and roles of key consultant personnel assigned to the services

5. Schedule 5 - Client Materials and Assistance: Lists materials, access, and support to be provided by the client

6. Schedule 6 - Approved Subcontractors: List of pre-approved subcontractors if applicable

7. Appendix A - Change Request Form: Template for requesting and documenting changes to services

8. Appendix B - Progress Report Template: Standard format for progress reporting

9. Appendix C - Insurance Requirements: Detailed insurance requirements and minimum coverage amounts

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

Information Technology

Management Consulting

Professional Services

Financial Services

Healthcare

Engineering

Education

Manufacturing

Mining

Construction

Telecommunications

Environmental Services

Energy

Agricultural

Research and Development

Relevant Teams

Legal

Procurement

Finance

Risk and Compliance

Operations

Human Resources

Commercial

Business Development

Project Management Office

Supply Chain

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Legal Officer

General Counsel

Procurement Manager

Contract Manager

Project Manager

Legal Counsel

Commercial Manager

Risk Manager

Operations Director

Managing Director

Business Development Manager

Human Resources Director

Compliance Officer

Industries
Independent Contractors Act 2006: Federal legislation governing relationships between independent contractors and hiring entities, including provisions for unfair contracts and sham arrangements
Competition and Consumer Act 2010: Contains the Australian Consumer Law and regulates business conduct, including unfair contract terms and consumer protections that may apply to consulting services
Privacy Act 1988: Regulates the handling of personal information by businesses and requires appropriate data protection measures in business relationships
Copyright Act 1968: Governs intellectual property rights and is crucial for determining ownership of works created during consulting engagements
Patents Act 1990: Relevant for protecting any inventions or innovations that may arise during consulting work
Electronic Transactions Act 1999: Enables and regulates electronic commerce and digital signatures, important for modern consulting agreements
Income Tax Assessment Act 1997: Relevant for tax implications and proper classification of consulting relationships versus employment relationships
A New Tax System (Goods and Services Tax) Act 1999: Governs GST obligations in consulting relationships and service provision
Fair Work Act 2009: While primarily focused on employment, it's relevant for ensuring consulting arrangements are not disguised employment relationships
State-specific Security of Payment Acts: Relevant for consulting work in construction and related industries, ensuring timely payment for services
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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