The Customer Agreement serves as the primary contractual framework for businesses operating in Australia to establish and maintain formal relationships with their customers. This document is essential when providing goods or services to customers, whether they are individuals or businesses, and must comply with Australian Consumer Law and other relevant federal and state legislation. The agreement typically includes comprehensive terms covering service delivery, payment conditions, privacy protection, dispute resolution, and termination rights. It's designed to protect both the service provider's interests and customer rights, while ensuring transparency and fairness in business transactions. The Customer Agreement should be regularly reviewed and updated to reflect changes in business practices, service offerings, and legal requirements.
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1. Parties: Identifies and provides full details of the contracting parties - the business and the customer
2. Background: Explains the context and purpose of the agreement, including the nature of the business relationship
3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty
4. Services or Products: Detailed description of the services or products to be provided under the agreement
5. Payment Terms: Specifies pricing, payment methods, timing, and consequences of non-payment
6. Term and Termination: Duration of the agreement, renewal terms, and circumstances for termination
7. Customer Obligations: Specifies the customer's responsibilities and obligations under the agreement
8. Provider Obligations: Details the business's commitments, service levels, and standards
9. Privacy and Data Protection: Explains how customer data will be handled in compliance with Privacy Act 1988
10. Intellectual Property: Addresses ownership and usage rights of any intellectual property
11. Liability and Indemnities: Outlines the extent of liability and any indemnification requirements
12. Dispute Resolution: Process for handling disagreements and resolving conflicts
13. General Provisions: Standard legal clauses including governing law, entire agreement, and severability
1. Service Level Agreement: Detailed service performance metrics and standards, used when providing ongoing services
2. Insurance: Insurance requirements and obligations, relevant for high-risk services or products
3. Confidentiality: Detailed confidentiality obligations, important when sharing sensitive information
4. Change Management: Process for managing changes to services or products, relevant for long-term or complex services
5. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in current global conditions
6. Marketing and Publicity: Terms for using customer references or case studies, if applicable
7. Compliance with Laws: Specific regulatory compliance requirements for regulated industries
8. Security Requirements: Specific security measures and protocols, important for digital services or sensitive data handling
1. Schedule 1 - Pricing Schedule: Detailed pricing information, rates, and fee structures
2. Schedule 2 - Service Specifications: Detailed technical or operational specifications of services or products
3. Schedule 3 - Service Levels: Specific performance metrics, response times, and service standards
4. Schedule 4 - Support Services: Details of support services, maintenance, and help desk arrangements
5. Appendix A - Acceptable Use Policy: Guidelines for appropriate use of services or products
6. Appendix B - Privacy Policy: Detailed privacy practices and data handling procedures
7. Appendix C - Change Request Form: Template for requesting and documenting changes to services
8. Appendix D - Contact Details: Key contacts and escalation paths for both parties
Authors
Relevant legal definitions
Clauses
Relevant Industries
Retail
Technology
Professional Services
Financial Services
Healthcare
Education
Telecommunications
Manufacturing
Construction
Hospitality
E-commerce
Software as a Service
Consulting
Real Estate
Relevant Teams
Legal
Commercial
Sales
Customer Service
Operations
Compliance
Risk Management
Business Development
Account Management
Customer Success
Contract Administration
Relevant Roles
Legal Counsel
Commercial Manager
Business Development Manager
Customer Service Manager
Operations Manager
Compliance Officer
Risk Manager
Contract Administrator
Sales Director
Account Manager
Chief Executive Officer
Chief Legal Officer
Chief Commercial Officer
Customer Success Manager
General Counsel
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