This Master SOW agreement is designed for use in Australian business relationships where a service provider will deliver multiple projects or services to a customer over time. It creates an efficient framework that eliminates the need to negotiate standard terms for each engagement while allowing flexibility in specific work orders. The Master SOW includes comprehensive provisions addressing Australian legal requirements, including privacy law compliance, consumer protections, and workplace health and safety obligations. It is particularly suitable for professional services, consulting, and technology sectors where services are delivered through discrete projects or ongoing engagements. The document streamlines contract administration while providing robust protection for both parties' interests under Australian law.
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1. Parties: Identifies and provides full legal details of all parties to the agreement
2. Background: Outlines the context and purpose of the master agreement and the intention to issue individual statements of work
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation principles
4. Structure and Scope: Explains the relationship between the master agreement and individual SOWs, including precedence
5. SOW Process: Details the process for requesting, preparing, submitting, and accepting individual SOWs
6. Service Provider Obligations: Outlines general obligations applicable to all SOWs, including quality standards and compliance requirements
7. Customer Obligations: Specifies customer responsibilities and commitments across all SOWs
8. Personnel: Sets requirements for personnel qualifications, security clearances, and replacement procedures
9. Pricing and Payment: Establishes general pricing principles, payment terms, and invoicing procedures
10. Intellectual Property: Addresses ownership and licensing of pre-existing and newly created IP
11. Confidentiality: Details confidentiality obligations and permitted uses of confidential information
12. Privacy and Data Protection: Specifies obligations regarding personal data handling and privacy compliance
13. Liability and Insurance: Sets liability limits, indemnities, and insurance requirements
14. Term and Termination: Specifies agreement duration, renewal processes, and termination rights
15. General Provisions: Includes standard boilerplate clauses such as notices, governing law, and dispute resolution
1. Service Levels: Include when specific performance metrics will apply across all SOWs
2. Security Requirements: Include for services involving sensitive data or systems access
3. Business Continuity: Include for critical services requiring disaster recovery planning
4. Compliance and Audit: Include when regulatory compliance or regular audits are required
5. Change Management: Include when formal change control processes are needed
6. Transition Services: Include when complex service transition or exit requirements apply
7. Third Party Rights: Include when third parties need specific rights under the agreement
8. Export Control: Include for international services or technology transfer
9. Parent Company Guarantee: Include when financial backing from a parent company is required
1. Schedule 1 - SOW Template: Standard template for individual statements of work
2. Schedule 2 - Rate Card: Standard rates for different service categories and personnel levels
3. Schedule 3 - Service Locations: Approved locations for service delivery
4. Schedule 4 - Approved Subcontractors: List of pre-approved subcontractors and their scope
5. Schedule 5 - Security Policies: Detailed security requirements and procedures
6. Schedule 6 - Service Levels and KPIs: Detailed service level metrics and measurement methodology
7. Schedule 7 - Governance Procedures: Detailed procedures for contract management and oversight
8. Appendix A - Insurance Requirements: Detailed insurance coverage requirements and limits
9. Appendix B - Form of Change Order: Template for documenting changes to SOWs
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