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Common Use Agreement Template for Australia

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Key Requirements PROMPT example:

Common Use Agreement

"I need a Common Use Agreement for IT managed services that will be used by multiple government departments in Victoria, with specific cybersecurity requirements and the ability to add new participating agencies throughout 2025."

Document background
The Common Use Agreement serves as a cornerstone procurement instrument in the Australian public sector, designed to optimize government purchasing power and streamline procurement processes. This agreement type is particularly suitable when multiple government agencies require access to similar goods or services, and where establishing individual contracts would be inefficient. The document incorporates mandatory government procurement requirements, Australian Consumer Law compliance, privacy provisions, and other relevant legislative obligations. It typically includes comprehensive terms covering service levels, pricing mechanisms, ordering procedures, and risk allocation. The Common Use Agreement structure allows for both flexibility in supplier selection and standardization of key terms, while ensuring value for money and procurement probity in accordance with Australian government guidelines.
Suggested Sections

1. Parties: Identification and details of all parties to the agreement

2. Background: Context and purpose of the agreement, including recitals

3. Definitions and Interpretation: Defined terms and rules for interpreting the agreement

4. Term and Renewal: Duration of the agreement and renewal provisions

5. Supply Obligations: Core obligations of the supplier under the agreement

6. Ordering Process: Procedures for placing and accepting orders

7. Pricing and Payment: Price structure, payment terms, and invoicing requirements

8. Service Levels: Performance standards and measurement criteria

9. Quality Requirements: Quality standards and compliance requirements

10. Risk and Insurance: Risk allocation and required insurance coverage

11. Intellectual Property: IP rights, ownership, and licenses

12. Confidentiality: Protection of confidential information

13. Privacy: Handling of personal information and privacy compliance

14. Liability and Indemnities: Limitation of liability and indemnification provisions

15. Termination: Termination rights and procedures

16. Dispute Resolution: Process for resolving disputes

17. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law

Optional Sections

1. Change Management: Procedures for managing changes to services or requirements - include when services may evolve

2. Security Requirements: Specific security obligations - include when handling sensitive information or systems

3. Business Continuity: Disaster recovery and business continuity requirements - include for critical services

4. Environmental Requirements: Environmental compliance and sustainability - include when environmentally sensitive

5. Social Value Commitments: Social and community benefit obligations - include when required by policy

6. Implementation Plan: Transition and implementation requirements - include for complex service arrangements

7. Third Party Rights: Rights of third parties to enforce terms - include when third parties rely on services

Suggested Schedules

1. Schedule 1 - Services Specification: Detailed description of services to be provided

2. Schedule 2 - Pricing Schedule: Detailed pricing structure, rates, and charging model

3. Schedule 3 - Service Levels and KPIs: Detailed service levels, measurement methods, and remedies

4. Schedule 4 - Governance: Management structure, reporting, and review processes

5. Schedule 5 - Form of Order: Template for placing orders under the agreement

6. Schedule 6 - Insurance Requirements: Detailed insurance requirements and minimum coverage

7. Schedule 7 - Security Requirements: Detailed security specifications and compliance requirements

8. Appendix A - Approved Subcontractors: List of approved subcontractors and their roles

9. Appendix B - Policies and Procedures: Relevant operational policies and procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions












































Clauses












































Relevant Industries

Government and Public Sector

Information Technology

Professional Services

Healthcare

Education

Construction and Infrastructure

Facilities Management

Transportation and Logistics

Manufacturing

Telecommunications

Relevant Teams

Procurement

Legal

Finance

Risk and Compliance

Operations

Commercial

Supply Chain

Contract Management

Government Relations

Project Management

Relevant Roles

Procurement Manager

Contract Manager

Legal Counsel

Commercial Manager

Supply Chain Manager

Category Manager

Business Unit Director

Chief Financial Officer

Risk Manager

Compliance Officer

Operations Manager

Project Manager

Government Relations Manager

Vendor Manager

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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