Project Commission Agreement Template for Australia

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Key Requirements PROMPT example:

Project Commission Agreement

"I need a Project Commission Agreement for engaging a software development contractor to build our company's new e-commerce platform, with specific focus on IP rights protection and milestone-based payments for a 12-month project starting March 2025."

Document background
The Project Commission Agreement is a fundamental contract used in Australian business relationships where a client engages a contractor to deliver a specific project or outcome. This document is essential when establishing clear project parameters, deliverables, and commercial terms between parties, particularly for significant or complex undertakings. It addresses key aspects including project scope, timeline, payment structure, intellectual property rights, and risk allocation, while ensuring compliance with Australian federal and state legislation. The agreement is particularly valuable for projects requiring detailed specifications, milestone-based delivery, or involving substantial commercial value. It provides both parties with legal protection and clear operational guidelines while maintaining flexibility to accommodate various project types and industry requirements.
Suggested Sections

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

2. Background: Context of the agreement and general purpose of the project commission

3. Definitions: Definitions of key terms used throughout the agreement

4. Project Scope: Detailed description of the project, objectives, and deliverables

5. Appointment and Authority: Formal appointment of the contractor and scope of authority

6. Project Timeline: Key dates, milestones, and delivery schedules

7. Payment Terms: Fees, payment schedule, invoicing requirements, and payment conditions

8. Obligations and Responsibilities: Detailed responsibilities of each party

9. Intellectual Property Rights: Ownership and rights to project materials and deliverables

10. Confidentiality: Protection of confidential information and trade secrets

11. Warranties and Representations: Guarantees provided by each party regarding capability and delivery

12. Termination: Conditions and process for ending the agreement

13. Dispute Resolution: Process for handling disagreements and conflicts

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

Optional Sections

1. Insurance Requirements: Specific insurance obligations - include when project involves significant risks or high-value deliverables

2. Work Health and Safety: Specific WHS obligations - include when project involves on-site work or physical risks

3. Subcontracting: Rules for engaging subcontractors - include when subcontracting is likely or permitted

4. Performance Guarantees: Specific performance standards and guarantees - include for high-value or critical projects

5. Change Management: Process for handling scope changes - include for complex or long-term projects

6. Force Majeure: Provisions for unforeseen circumstances - include when project spans long periods or has external dependencies

7. Security Requirements: Data and physical security obligations - include when handling sensitive information or accessing secure sites

Suggested Schedules

1. Schedule 1 - Project Specifications: Detailed technical specifications and requirements for the project

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

3. Schedule 3 - Project Timeline: Detailed project schedule, milestones, and delivery dates

4. Schedule 4 - Key Personnel: Details of key team members and their roles

5. Schedule 5 - Service Levels: Performance metrics and service level requirements

6. Appendix A - Required Forms: Standard forms for project management, reporting, and administration

7. Appendix B - Technical Standards: Applicable technical standards and compliance requirements

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

Construction

Information Technology

Professional Services

Creative Industries

Engineering

Management Consulting

Architecture

Research and Development

Manufacturing

Media and Entertainment

Relevant Teams

Legal

Commercial

Operations

Procurement

Project Management Office

Risk and Compliance

Business Development

Contract Administration

Finance

Executive Leadership

Relevant Roles

Project Manager

Contract Manager

Legal Counsel

Commercial Manager

Business Development Manager

Operations Director

Chief Executive Officer

Procurement Manager

Program Director

Account Manager

Business Owner

General Counsel

Risk Manager

Compliance Officer

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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