Service Use Agreement Template for Australia

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Key Requirements PROMPT example:

Service Use Agreement

"I need a Service Use Agreement for my Australian cloud storage company, launching in March 2025, that will handle sensitive customer data and provide 24/7 service availability; the agreement must include strong data protection clauses and service level guarantees."

Document background
The Service Use Agreement serves as a foundational document for businesses providing services in Australia, establishing the legal framework for service delivery relationships. This document is essential when offering professional, digital, or operational services to other businesses or consumers, particularly where ongoing service provision is involved. The agreement encompasses critical elements required under Australian law, including consumer protection provisions, privacy compliance, and fair trading requirements. It is designed to protect both service providers and users by clearly defining service specifications, performance standards, user obligations, and liability limitations. The Service Use Agreement is particularly relevant in today's digital economy where service-based business models are increasingly common and regulatory compliance is crucial.
Suggested Sections

1. Parties: Identifies and provides full legal details of all parties to the agreement

2. Background: Sets out the context and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Service Description: Detailed description of the services being provided

5. Term and Termination: Duration of the agreement and circumstances for termination

6. Payment Terms: Fees, payment schedule, and payment methods

7. User Obligations: Requirements and responsibilities of the service user

8. Provider Obligations: Requirements and responsibilities of the service provider

9. Service Level Requirements: Performance standards and service availability commitments

10. Intellectual Property: Ownership and usage rights of intellectual property

11. Data Protection and Privacy: Handling of personal and confidential information

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

13. Dispute Resolution: Process for handling disputes between parties

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

Optional Sections

1. Insurance: Insurance requirements when services involve significant risk or regulatory requirements

2. Force Majeure: Provisions for unforeseen circumstances, particularly relevant for critical services

3. Change Management: Procedures for modifying service terms or specifications, important for complex or long-term services

4. Security Requirements: Specific security measures and protocols, necessary for digital services or handling sensitive data

5. Transition Services: Provisions for service transition at termination, important for critical business services

6. Compliance with Laws: Specific regulatory compliance requirements for regulated industries

7. Third-Party Rights: Rights of third parties when service delivery involves third-party components

8. Business Continuity: Disaster recovery and business continuity requirements for critical services

Suggested Schedules

1. Service Specifications: Detailed technical specifications of the services

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

3. Service Level Agreement (SLA): Detailed performance metrics, monitoring, and reporting requirements

4. Security Standards: Specific security protocols and requirements

5. Data Processing Terms: Detailed terms for handling and processing personal data

6. Acceptable Use Policy: Rules and guidelines for acceptable use of the service

7. Contact Details: Key contacts and escalation procedures

8. Change Request Form: Template for requesting changes to the service

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

Professional Services

Healthcare

Financial Services

Education

Telecommunications

Consulting

Cloud Computing

Digital Services

Business Services

E-commerce

Relevant Teams

Legal

Operations

Compliance

Commercial

Service Delivery

Account Management

Risk Management

Information Technology

Customer Success

Business Development

Relevant Roles

Legal Counsel

Operations Manager

Service Delivery Manager

Compliance Officer

Contract Administrator

Business Development Manager

Chief Technology Officer

Product Manager

Account Manager

Risk Manager

Privacy Officer

Commercial Director

Chief Operating 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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