Master Subscription Agreement Template for Australia

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Key Requirements PROMPT example:

Master Subscription Agreement

"I need a Master Subscription Agreement template suitable for an Australian SaaS company providing marketing automation software to enterprise clients, with particular emphasis on data privacy and service level commitments."

Document background
The Master Subscription Agreement is designed for businesses providing subscription-based services in Australia, establishing a comprehensive framework for the ongoing service relationship between providers and their customers. This agreement is particularly crucial in the modern digital economy where subscription-based business models are increasingly prevalent. It addresses key aspects of service delivery, customer obligations, data protection, and compliance with Australian legislation including the Privacy Act 1988 and Competition and Consumer Act 2010. The MSA typically serves as an umbrella agreement that can be supplemented with specific service schedules, pricing terms, and service level agreements, making it adaptable to various business needs while maintaining consistent core terms. It's especially relevant for software, technology, and service-based businesses operating under Australian jurisdiction, providing clarity on rights, obligations, and risk allocation between parties.
Suggested Sections

1. Parties: Identification of the contracting parties - service provider and customer

2. Background: Context of the agreement and brief description of the subscription services being provided

3. Definitions: Defined terms used throughout the agreement

4. Service Provision: Description of services, service levels, and service delivery obligations

5. Customer Obligations: Customer responsibilities, acceptable use policy, and compliance requirements

6. Fees and Payment: Pricing, payment terms, invoicing, and related financial obligations

7. Term and Termination: Duration of agreement, renewal terms, and termination rights

8. Intellectual Property Rights: IP ownership, licenses, and restrictions

9. Data Protection and Privacy: Compliance with Privacy Act, data handling, and security measures

10. Confidentiality: Protection of confidential information and trade secrets

11. Warranties and Disclaimers: Service warranties and Australian Consumer Law compliance

12. Liability and Indemnification: Limitation of liability and indemnification obligations

13. Force Majeure: Events beyond reasonable control and their impact

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

Optional Sections

1. Professional Services: Include when implementation, training, or consulting services are part of the offering

2. Service Credits: Include when specific service level commitments with financial penalties are offered

3. Disaster Recovery: Include for critical services requiring specific business continuity commitments

4. Security Requirements: Include when handling sensitive data or connecting to customer systems

5. Audit Rights: Include when customers require rights to audit service provider's operations or compliance

6. Insurance: Include when specific insurance coverage requirements are needed

7. Third-Party Integrations: Include when service interfaces with third-party products or services

8. Export Control: Include when services or data may cross international borders

Suggested Schedules

1. Service Description Schedule: Detailed description of subscription services and functionality

2. Service Level Agreement: Specific service levels, metrics, and remedies

3. Pricing Schedule: Detailed pricing, payment terms, and calculation methods

4. Support Services Schedule: Support levels, response times, and escalation procedures

5. Data Processing Agreement: Detailed data handling procedures and privacy compliance

6. Security Schedule: Security standards, protocols, and compliance requirements

7. Acceptable Use Policy: Detailed terms of service use and restrictions

8. Business Continuity Plan: Disaster recovery and business continuity procedures

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

Software as a Service (SaaS)

Cloud Computing

Professional Services

Financial Services

Healthcare

Education

Telecommunications

Manufacturing

Retail

Government

Consulting

Media and Entertainment

Energy and Utilities

Relevant Teams

Legal

Sales

Commercial

Information Technology

Operations

Compliance

Risk Management

Procurement

Customer Success

Product Management

Information Security

Finance

Business Development

Service Delivery

Relevant Roles

Chief Executive Officer

Chief Legal Officer

General Counsel

Commercial Director

Head of Sales

Sales Director

Chief Technology Officer

Chief Information Officer

Head of Operations

Contract Manager

Legal Counsel

Commercial Manager

Account Executive

Business Development Manager

Privacy Officer

Compliance Manager

Risk Manager

Procurement Manager

IT Director

Service Delivery 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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