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Service And Maintenance Agreement Template for Australia

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Key Requirements PROMPT example:

Service And Maintenance Agreement

"I need a Service and Maintenance Agreement for IT infrastructure maintenance services in our Sydney office, including 24/7 support and quarterly preventive maintenance, starting March 2025."

Document background
This Service And Maintenance Agreement template is designed for use in Australian jurisdictions where regular maintenance or ongoing services are required between a service provider and a customer. The document is particularly relevant when establishing long-term service relationships that require defined performance standards, regular maintenance schedules, and clear accountability measures. It incorporates compliance requirements with Australian federal and state legislation, including Work Health and Safety regulations, consumer protection laws, and industry-specific standards. The agreement is structured to address key aspects such as service scope, performance metrics, payment terms, risk allocation, and dispute resolution procedures, while maintaining flexibility to accommodate various service types and industry requirements. This document is essential for businesses seeking to formalize their service arrangements while ensuring regulatory compliance and clear operational parameters.
Suggested Sections

1. Parties: Identifies and provides details of the service provider and customer

2. Background: Describes the context of the agreement and the parties' intentions

3. Definitions and Interpretation: Defines key terms and establishes interpretation principles

4. Term and Renewal: Specifies the initial term, renewal options, and related conditions

5. Scope of Services: Details the maintenance and service obligations to be performed

6. Service Provider's Obligations: Lists specific duties, standards, and requirements for service delivery

7. Customer's Obligations: Outlines customer responsibilities and cooperation requirements

8. Fees and Payment Terms: Specifies service fees, payment schedule, and related financial terms

9. Service Levels: Defines performance standards, response times, and measurement criteria

10. Personnel and Subcontracting: Requirements for service personnel and subcontractor engagement

11. Work Health and Safety: Safety obligations and procedures for service delivery

12. Insurance and Liability: Insurance requirements and liability limitations

13. Intellectual Property: Ownership and usage rights of IP in service delivery

14. Confidentiality: Protection of confidential information and trade secrets

15. Termination: Grounds for termination and post-termination obligations

16. Dispute Resolution: Process for resolving disputes between parties

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

Optional Sections

1. Emergency Services: Include when agreement covers emergency or after-hours services

2. Spare Parts and Materials: Include when service provider supplies parts or materials

3. Equipment Access and Storage: Include when service provider needs to store equipment on customer premises

4. Data Protection: Include when services involve handling personal or sensitive data

5. Performance Bonds: Include when financial security for performance is required

6. Environmental Compliance: Include for services with environmental impact

7. Training and Documentation: Include when service provider must provide training or documentation

8. Warranties: Include when specific warranties for parts or workmanship are offered

Suggested Schedules

1. Schedule 1 - Service Specifications: Detailed description of maintenance and service tasks

2. Schedule 2 - Service Levels and KPIs: Specific performance metrics and service level requirements

3. Schedule 3 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms

4. Schedule 4 - Site Access Procedures: Procedures for accessing customer premises

5. Schedule 5 - Equipment Register: List of equipment covered by maintenance services

6. Schedule 6 - Required Insurance: Specific insurance types and coverage amounts

7. Schedule 7 - Approved Subcontractors: List of pre-approved subcontractors if applicable

8. Appendix A - Report Templates: Standard templates for service reports and documentation

9. Appendix B - Safety Procedures: Specific safety protocols and 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

Relevant legal definitions









































Clauses




































Relevant Industries

Facilities Management

Commercial Property

Industrial Manufacturing

Healthcare

Education

Retail

Hospitality

Information Technology

Construction

Mining

Transportation

Telecommunications

Energy and Utilities

Agricultural

Relevant Teams

Legal

Operations

Facilities Management

Procurement

Risk and Compliance

Property Management

Asset Management

Technical Services

Contract Administration

Finance

Health and Safety

Relevant Roles

Facilities Manager

Operations Director

Maintenance Supervisor

Contract Manager

Property Manager

Chief Operations Officer

Procurement Manager

Asset Manager

Technical Services Manager

Building Services Manager

Legal Counsel

Risk Manager

Compliance Officer

Project Manager

Service Delivery 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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