The General Terms Agreement serves as a foundational document for establishing long-term business relationships in the Australian market. It is designed to provide a comprehensive framework that governs all aspects of the commercial relationship between parties, while allowing flexibility for specific transactions to be documented separately. This agreement is particularly useful for businesses engaging in repeated transactions or ongoing services, as it eliminates the need to negotiate basic terms for each individual transaction. The document incorporates key requirements under Australian law, including consumer protection provisions, privacy obligations, and fair trading principles. It is structured to accommodate various business models and can be customized to specific industry requirements while maintaining compliance with Australian legislative requirements.
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1. Parties: Identifies and defines the contracting parties with their full legal names and details
2. Background: Sets out the context and purpose of the agreement
3. Definitions and Interpretation: Defines key terms and establishes rules for interpreting the agreement
4. Term and Termination: Specifies the duration of the agreement and circumstances for termination
5. General Obligations: Sets out the basic obligations and responsibilities of each party
6. Pricing and Payment Terms: Establishes the general framework for pricing and payment
7. Service Standards: Defines the expected quality and performance standards
8. Compliance with Laws: Requires compliance with relevant laws and regulations
9. Intellectual Property: Addresses ownership and usage rights of intellectual property
10. Confidentiality: Protects confidential information and trade secrets
11. Liability and Indemnities: Allocates risks and establishes liability limits
12. Insurance: Specifies required insurance coverage
13. Dispute Resolution: Establishes procedures for resolving disputes
14. General Provisions: Contains standard boilerplate clauses including governing law, notices, and assignment
1. Data Protection and Privacy: Required when personal data is collected or processed
2. Force Majeure: Optional clause for unforeseen circumstances preventing performance
3. Change Control: Needed when the agreement may require formal variation procedures
4. Service Credits: Include when specific service levels are critical
5. Security Requirements: Required when dealing with sensitive information or systems
6. Business Continuity: Important for critical services or long-term relationships
7. Anti-Bribery and Corruption: Required for international dealings or high-risk industries
8. Environmental Compliance: Important for agreements involving environmental impacts
1. Schedule 1 - Pricing Schedule: Detailed pricing information, rates, and charging mechanisms
2. Schedule 2 - Service Levels: Detailed service level requirements and measurements
3. Schedule 3 - Technical Requirements: Specific technical or operational requirements
4. Schedule 4 - Key Personnel: Details of key personnel or representatives
5. Schedule 5 - Approved Subcontractors: List of approved subcontractors if relevant
6. Schedule 6 - Form of Change Request: Template for requesting and documenting changes
7. Appendix A - Notice Details: Contact details and addresses for notices
8. Appendix B - Special Conditions: Any special terms or conditions that modify the general terms
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