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Master Agreement And Sub Agreement Template for Australia

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Key Requirements PROMPT example:

Master Agreement And Sub Agreement

"I need a Master Agreement and Sub Agreement structure for an IT services company providing cloud solutions to Australian healthcare providers, with particular emphasis on data privacy compliance and service level commitments."

Document background
This Master Agreement And Sub Agreement structure is designed for businesses requiring a flexible yet comprehensive framework for managing complex, ongoing commercial relationships under Australian law. It is particularly valuable when parties anticipate multiple related transactions or services that need to be governed by consistent overarching terms while maintaining flexibility for specific arrangements. The Master Agreement establishes the fundamental terms, conditions, and protocols that apply universally across all sub-agreements, while individual sub-agreements detail specific services, deliverables, or transaction terms. This structure is commonly used in long-term business relationships, complex service arrangements, or group-wide procurement frameworks, providing efficiency in contract management while ensuring consistency in key terms such as liability, dispute resolution, and governance.
Suggested Sections

1. Parties: Identification of all contracting parties, including ABN/ACN and registered addresses

2. Background: Context of the agreement, relationship between parties, and purpose of the master agreement structure

3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the master agreement and sub-agreements, and rules of interpretation

4. Structure and Precedence: Hierarchy between master agreement and sub-agreements, order of precedence in case of conflicts

5. Term and Termination: Duration of the master agreement, renewal provisions, and termination rights

6. Sub-Agreement Process: Procedure for creating, executing, and managing sub-agreements

7. General Rights and Obligations: Core obligations and rights applicable to all sub-agreements

8. Payment Terms: Standard payment terms, invoicing procedures, and financial obligations

9. Confidentiality: Protection and handling of confidential information

10. Intellectual Property: Ownership and licensing of IP rights

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

12. Insurance: Required insurance coverage and obligations

13. Dispute Resolution: Process for resolving disputes under the master agreement or sub-agreements

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

Optional Sections

1. Data Protection and Privacy: Detailed privacy obligations when personal data processing is involved

2. Compliance with Laws: Specific regulatory compliance requirements for regulated industries

3. Security Requirements: IT and physical security requirements for technology or facilities-related agreements

4. Business Continuity: Business continuity and disaster recovery requirements for critical services

5. Performance Metrics: KPIs and service levels when applicable to the relationship

6. Audit Rights: Audit provisions for regulated industries or complex service arrangements

7. Anti-Bribery and Corruption: Additional compliance requirements for international business or government contracts

8. Modern Slavery Compliance: Required for businesses subject to Modern Slavery Act reporting requirements

Suggested Schedules

1. Template Sub-Agreement: Standard form sub-agreement template to be used for specific services or transactions

2. Pricing Schedule: Standard rates, fees, and pricing mechanisms applicable across sub-agreements

3. Service Levels: Standard service levels and performance metrics applicable across sub-agreements

4. Security Requirements: Detailed security protocols and requirements

5. Insurance Requirements: Detailed insurance requirements and minimum coverage levels

6. Approved Subcontractors: List of pre-approved subcontractors and their scope of work

7. Change Control Procedure: Process for implementing changes to the master agreement or sub-agreements

8. Dispute Resolution Procedure: Detailed steps and timeframes for dispute resolution

9. Form of Notice: Template notices for key contract communications

10. Governance Framework: Detailed governance structure and meeting requirements

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

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Relevant Industries

Information Technology

Professional Services

Financial Services

Telecommunications

Manufacturing

Healthcare

Construction

Energy and Utilities

Logistics and Supply Chain

Consulting Services

Outsourcing Services

Real Estate

Relevant Teams

Legal

Procurement

Commercial

Finance

Operations

Risk and Compliance

Business Development

Account Management

Project Management

Supply Chain

Vendor Management

Relevant Roles

Chief Legal Officer

General Counsel

Contract Manager

Procurement Manager

Commercial Director

Legal Counsel

Chief Financial Officer

Chief Operating Officer

Head of Commercial

Risk Manager

Compliance Officer

Business Development Director

Account Director

Operations Manager

Project 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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