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White Label Services Agreement

White Label Services Agreement Template for Australia

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Key Requirements PROMPT example:

White Label Services Agreement Template

"I need a White Label Services Agreement Template for my Australian SaaS company that will be providing customer relationship management software to financial advisers, who will rebrand it under their own names; the agreement needs to be compliant with financial services regulations and include strong data protection provisions."

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Document background
The White Label Services Agreement Template is designed for businesses operating in Australia who wish to establish a formal relationship where one party provides services that will be rebranded and marketed under another party's name. This template is particularly valuable in today's business environment where white labeling has become a common strategy for market expansion and service delivery. The agreement covers crucial aspects including service specifications, performance standards, branding requirements, intellectual property rights, data protection, and risk allocation. It is drafted in compliance with Australian federal and state legislation, including the Competition and Consumer Act 2010, Privacy Act 1988, and relevant intellectual property laws. This template is suitable for various industries and can be customized based on specific service types, regulatory requirements, and business needs.
Suggested Sections

1. Parties: Identification of the service provider and the reseller

2. Background: Context of the agreement and brief description of the business relationship

3. Definitions and Interpretation: Key terms used throughout the agreement and rules for interpretation

4. Appointment and Scope: Appointment of service provider and general scope of services

5. Term and Renewal: Duration of the agreement and renewal provisions

6. Services: Detailed description of services to be provided

7. White Labeling and Branding: Rights and obligations regarding branding and rebranding of services

8. Service Levels: Performance standards and service level commitments

9. Fees and Payment: Pricing, payment terms, and invoicing procedures

10. Intellectual Property Rights: Ownership and licensing of IP, including white-labeled materials

11. Confidentiality: Protection of confidential information and trade secrets

12. Data Protection and Privacy: Obligations regarding personal data handling and privacy compliance

13. Representations and Warranties: Core promises and assurances from both parties

14. Liability and Indemnification: Risk allocation, limitations of liability, and indemnification obligations

15. Termination: Circumstances and procedures for ending the agreement

16. Post-Termination: Obligations and rights after agreement ends

17. General Provisions: Standard boilerplate clauses including governing law, notices, etc.

Optional Sections

1. Marketing and Promotion: Rules for marketing the white-labeled services, used when reseller has specific marketing requirements

2. Training and Support: Details of training and support services, included when provider offers these services

3. Disaster Recovery: Business continuity and disaster recovery procedures, important for critical services

4. Security Requirements: Specific security standards and protocols, essential for technology or data-intensive services

5. Regulatory Compliance: Industry-specific compliance requirements, needed for regulated industries

6. Service Provider Personnel: Requirements for staff providing services, important when specific qualifications are needed

7. Change Management: Procedures for changing services or specifications, useful for complex or evolving services

8. Audit Rights: Rights to audit service provider's operations, important for regulated industries or critical services

9. Insurance: Specific insurance requirements, important for high-risk services

Suggested Schedules

1. Schedule 1 - Services Description: Detailed technical specifications of services provided

2. Schedule 2 - Service Levels and KPIs: Detailed service level agreements and performance metrics

3. Schedule 3 - Fees and Charges: Detailed pricing structure and payment terms

4. Schedule 4 - Branding Guidelines: Specific requirements for white labeling and brand usage

5. Schedule 5 - Technical Requirements: Technical specifications and integration requirements

6. Schedule 6 - Support Services: Details of support services and response times

7. Schedule 7 - Data Processing Agreement: Specific terms for handling personal data if required

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

9. Appendix A - Approved Subcontractors: List of approved third-party service providers

10. Appendix B - Contact Details: Key contacts and escalation 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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Applicable Laws
Australian Consumer Law
Authorised Representative
Background IP
Brand Guidelines
Business Day
Confidential Information
Commencement Date
Deliverables
Documentation
End Customer
End User Agreement
Fees
Force Majeure Event
GST
Implementation Period
Initial Term
Intellectual Property Rights
Key Personnel
Licensed Materials
Loss
Material Breach
Minimum Performance Standards
Personal Information
Personnel
Privacy Laws
Regulatory Authority
Related Body Corporate
Renewal Term
Reseller Brand
Services
Service Levels
Service Level Agreement
Service Provider Brand
Service Provider Systems
Specifications
Subcontractor
Term
Territory
Third Party Materials
Transition Period
Transition Services
White Label Materials
White Label Services
Clauses
Service Provision
White Labeling
Branding Rights
Service Levels
Performance Standards
Quality Assurance
Intellectual Property
Licensing
Fees and Payment
Invoicing
Confidentiality
Data Protection
Privacy
Personnel
Subcontracting
Warranties
Representations
Indemnification
Liability
Insurance
Force Majeure
Term and Termination
Transition Services
Dispute Resolution
Governance
Audit Rights
Compliance
Regulatory
Change Management
Marketing
Customer Support
Training
Documentation
Business Continuity
Security
Competition
Assignment
Non-Solicitation
Notices
Amendments
Severability
Entire Agreement
Governing Law
Jurisdiction
Relevant Industries

Information Technology

Software and SaaS

Financial Services

Professional Services

Telecommunications

Healthcare Technology

Education Technology

Marketing and Advertising

Business Process Outsourcing

Manufacturing

Consulting Services

Digital Services

Cloud Services

Relevant Teams

Legal

Commercial

Operations

Business Development

Sales

Product Development

Compliance

Risk Management

Procurement

Service Delivery

Technical Operations

Customer Success

Partner Relations

Relevant Roles

Chief Executive Officer

Chief Operating Officer

Chief Technology Officer

Chief Commercial Officer

Head of Legal

Legal Counsel

Commercial Director

Business Development Manager

Operations Manager

Service Delivery Manager

Account Manager

Product Manager

Compliance Officer

Risk Manager

Procurement Manager

Contract Manager

Partnership Manager

Sales Director

Technical Operations Manager

Industries
Competition and Consumer Act 2010 (Cth): Primary federal law governing competition, fair trading, and consumer protection in Australia, including the Australian Consumer Law (ACL)
Privacy Act 1988 (Cth): Regulates the handling of personal information by businesses and government organizations, including the Australian Privacy Principles
Copyright Act 1968 (Cth): Governs intellectual property rights, particularly relevant for protecting branded materials and licensed content
Trade Marks Act 1995 (Cth): Critical for white label arrangements as it governs the use and protection of trademarks and branding
Electronic Transactions Act 1999 (Cth): Provides legal framework for electronic commerce and digital signatures
Corporations Act 2001 (Cth): Regulates business entities and their conduct, including disclosure obligations and corporate governance
Australian Securities and Investments Commission Act 2001: Relevant if the white label services involve financial products or services
State Fair Trading Acts: State-specific legislation that supplements federal consumer protection laws
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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