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Business Development Contractor Agreement for Australia

Business Development Contractor Agreement Template for Australia

This document is an Australian-compliant independent contractor agreement specifically designed for business development services. It establishes the terms and conditions for engaging independent contractors for business development activities while ensuring compliance with Australian federal and state legislation, including the Independent Contractors Act 2006 and relevant tax laws. The agreement covers essential elements such as service scope, compensation, intellectual property rights, confidentiality, and performance expectations, while maintaining the contractor's independence from regular employment relationships.

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What is a Business Development Contractor Agreement?

The Business Development Contractor Agreement is essential for Australian businesses seeking to engage independent contractors for business development activities without creating an employment relationship. This document is particularly relevant when companies need flexible, results-driven business development resources while maintaining compliance with Australian contractor legislation. It includes comprehensive provisions for protecting intellectual property, maintaining confidentiality, setting performance expectations, and establishing clear payment terms. The agreement is structured to comply with Australian law, particularly the Independent Contractors Act 2006, tax legislation, and relevant state-based regulations, while providing flexibility to adapt to various industry contexts and business development scenarios.

What sections should be included in a Business Development Contractor Agreement?

1. Parties: Identifies and provides full details of the contracting parties, including ABN/ACN numbers

2. Background: Sets out the context of the agreement and the parties' intentions

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules

4. Engagement and Term: Establishes the contractor's engagement, nature of relationship, and duration of the agreement

5. Services: Outlines the business development services to be provided by the contractor

6. Contractor's Obligations: Details the contractor's responsibilities, standards of work, and compliance requirements

7. Company's Obligations: Specifies what the company will provide to enable the contractor to perform the services

8. Fees and Payment Terms: Details the compensation structure, payment terms, and expense policies

9. GST and Taxation: Addresses GST requirements and tax responsibilities

10. Intellectual Property: Covers ownership and protection of intellectual property created during the engagement

11. Confidentiality: Protects confidential information and trade secrets

12. Non-Compete and Non-Solicitation: Restricts competitive activities and solicitation of clients/employees

13. Insurance and Liability: Specifies required insurance coverage and liability limitations

14. Termination: Sets out circumstances and procedures for ending the agreement

15. General Provisions: Includes standard legal provisions such as governing law, notices, and dispute resolution

What sections are optional to include in a Business Development Contractor Agreement?

1. Performance Targets: Used when specific KPIs or sales targets need to be met by the contractor

2. Commission Structure: Include when compensation includes performance-based commissions

3. International Travel: Required when the role involves international business development activities

4. Team Management: Include when contractor will manage or coordinate with other contractors/employees

5. Data Protection: Required when contractor will handle personal data subject to privacy laws

6. Equipment and Resources: Include when specific provisions about tools and resources are needed

7. Training Requirements: Used when specific training or certifications are required

8. Reporting Requirements: Include when formal reporting structures need to be established

What schedules should be included in a Business Development Contractor Agreement?

1. Schedule 1 - Services Description: Detailed description of business development services and deliverables

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, commission structures, and payment calculations

3. Schedule 3 - Territory and Client List: Defines geographical areas and/or specific clients assigned to the contractor

4. Schedule 4 - KPIs and Performance Metrics: Specific performance indicators and measurement criteria

5. Schedule 5 - Approved Expenses: List of pre-approved expenses and reimbursement procedures

6. Schedule 6 - Company Policies: Relevant company policies that apply to contractors

7. Appendix A - Confidential Information: Specific list of information deemed confidential

8. Appendix B - Reporting Templates: Standard templates for required reports and documentation

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

Jurisdiction

Australia

Publisher

Genie AI

Sector

Cost

Free to use
Relevant legal definitions









































Clauses









































Relevant Industries

Technology

Professional Services

Manufacturing

Retail

Financial Services

Healthcare

Education

Real Estate

Construction

Telecommunications

Energy

Mining

Agriculture

Media and Entertainment

Transportation and Logistics

Relevant Teams

Business Development

Sales

Marketing

Strategic Partnerships

Commercial

Legal

Finance

Operations

Account Management

Regional Development

Channel Management

Relevant Roles

Business Development Contractor

Sales Development Representative

Market Development Specialist

Channel Partner Manager

Strategic Alliance Consultant

Growth Strategy Consultant

Business Development Manager

Sales Territory Manager

Account Development Executive

Market Expansion Specialist

Partnership Development Manager

Regional Business Developer

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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