This Advisory Services Agreement Template is specifically designed for use in the Australian legal context, providing a robust framework for establishing professional advisory relationships. It is intended for use when engaging external advisors or consultants to provide specialized expertise, guidance, or strategic support to businesses. The template covers essential elements including service scope, fees, confidentiality, liability, and compliance with Australian regulatory requirements. It is suitable for both individual consultants and advisory firms, and can be customized based on the specific nature of advisory services being provided. The document ensures compliance with relevant Australian legislation including the Competition and Consumer Act 2010, Privacy Act 1988, and applicable professional standards legislation.
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1. Parties: Identification and details of the service provider (advisor) and the client
2. Background: Context of the agreement and general overview of the advisory relationship
3. Definitions: Key terms used throughout the agreement and their specific meanings
4. Appointment and Scope of Services: Formal appointment of the advisor and outline of core services to be provided
5. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
6. Fees and Payment Terms: Structure of fees, payment schedule, and invoicing requirements
7. Obligations of the Advisor: Key responsibilities and duties of the advisor including service standards
8. Client Obligations: Responsibilities of the client including providing information and cooperation
9. Confidentiality: Obligations regarding confidential information and its protection
10. Liability and Indemnification: Limitations of liability and indemnification provisions
11. Insurance: Required insurance coverage to be maintained by the advisor
12. General Provisions: Standard contractual provisions including governing law, notices, and amendments
1. Intellectual Property Rights: Ownership and usage rights of IP created during service provision - include when advisory services may result in creation of intellectual property
2. Non-Competition: Restrictions on competitive activities - include when protecting market position is crucial
3. Data Protection: Specific provisions for handling personal data - include when processing significant personal information
4. Force Majeure: Provisions for unforeseen circumstances - include when long-term or critical services are involved
5. Assignment and Subcontracting: Rights to transfer obligations or use subcontractors - include when flexibility in service delivery is needed
6. Dispute Resolution: Detailed dispute resolution procedures - include for high-value or complex advisory services
7. Multi-jurisdiction Services: Provisions for services across multiple jurisdictions - include when operating across states or internationally
8. Performance Metrics: Specific KPIs and performance standards - include when quantifiable outcomes are required
1. Schedule 1 - Scope of Services: Detailed description of all advisory services to be provided
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule 3 - Service Levels: Specific service standards, response times, and performance metrics
4. Schedule 4 - Key Personnel: Details of key team members and their roles
5. Appendix A - Reporting Requirements: Format and frequency of required reports and updates
6. Appendix B - Insurance Requirements: Detailed insurance coverage requirements and minimum limits
7. Appendix C - Compliance Requirements: Specific regulatory or compliance obligations to be met
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