Master Fee Agreement Template for Australia

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Key Requirements PROMPT example:

Master Fee Agreement

"I need a Master Fee Agreement for my IT consulting company based in Sydney, providing cloud migration services to enterprise clients, with a focus on data privacy compliance and flexible fee structures for different project sizes."

Document background
The Master Fee Agreement serves as the primary contractual framework for businesses providing ongoing services in exchange for fees under Australian law. It is particularly suitable for professional service providers, consultants, and organizations offering regular or recurring services to clients. The agreement establishes comprehensive terms covering service delivery, fee calculations, payment terms, performance standards, and risk allocation, while maintaining flexibility through modular schedules. This structure allows parties to modify specific operational aspects without amending the main agreement. The document ensures compliance with Australian regulatory requirements, including the Competition and Consumer Act, privacy laws, and relevant industry regulations, while providing clear mechanisms for dispute resolution and contract management.
Suggested Sections

1. Parties: Identification and details of the service provider and client

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

3. Definitions and Interpretation: Key terms, interpretation rules, and hierarchies of documents

4. Term and Renewal: Duration of the agreement and renewal mechanisms

5. Services: Overview of services to be provided under the agreement

6. Fees and Payment Terms: Fee calculation methodology, payment schedules, and invoicing requirements

7. Service Provider Obligations: Key responsibilities and performance standards of the service provider

8. Client Obligations: Key responsibilities and obligations of the client

9. GST and Taxation: Treatment of GST and other applicable taxes

10. Intellectual Property: Ownership and usage rights of IP created or used during service delivery

11. Confidentiality: Protection and handling of confidential information

12. Privacy and Data Protection: Compliance with privacy laws and data handling requirements

13. Liability and Indemnities: Risk allocation, limitations of liability, and indemnification provisions

14. Termination: Termination rights, processes, and consequences

15. Dispute Resolution: Process for resolving disputes between parties

16. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law

Optional Sections

1. Service Levels: Specific performance metrics and service level requirements, used when quantitative service standards are needed

2. Change Control: Process for managing changes to services or fees, included for long-term or complex service arrangements

3. Force Majeure: Provisions for handling unforeseen events, particularly relevant in critical service arrangements

4. Insurance: Specific insurance requirements, included when service provision involves significant risks

5. Security Requirements: IT and physical security obligations, needed when handling sensitive information or assets

6. Audit Rights: Client's rights to audit service provider's performance and records, useful for regulated industries

7. Anti-Bribery and Corruption: Compliance with anti-corruption laws, particularly important for international arrangements

8. Business Continuity: Disaster recovery and business continuity requirements, crucial for essential services

9. Personnel Requirements: Specific requirements for service provider's personnel, relevant when specific qualifications or clearances are needed

Suggested Schedules

1. Schedule 1 - Fee Schedule: Detailed breakdown of fees, rates, and charging mechanisms

2. Schedule 2 - Services Description: Detailed specification of services to be provided

3. Schedule 3 - Service Levels: Detailed service level requirements and measurement criteria

4. Schedule 4 - Change Request Form: Template for requesting and documenting changes to services or fees

5. Schedule 5 - Key Personnel: Details of key personnel assigned to provide the services

6. Schedule 6 - Reports and Documentation: Required reports, documentation, and delivery frequencies

7. Schedule 7 - Governance Procedures: Management and escalation procedures for the service relationship

8. Appendix A - Contact Details: Contact information for key representatives of both parties

9. Appendix B - Approved Subcontractors: List of pre-approved subcontractors if applicable

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

Professional Services

Financial Services

Information Technology

Consulting

Legal Services

Accounting

Business Process Outsourcing

Healthcare

Engineering

Project Management

Education and Training

Facilities Management

Relevant Teams

Legal

Finance

Procurement

Commercial

Operations

Business Development

Risk and Compliance

Service Delivery

Account Management

Contract Administration

Relevant Roles

Chief Financial Officer

Commercial Director

Legal Counsel

Procurement Manager

Contract Manager

Business Development Manager

Finance Director

Operations Manager

Project Manager

Account Director

Risk Manager

Compliance Officer

Service Delivery Manager

Commercial Manager

Financial Controller

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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