Simple Service Agreement Template Australia

Simple Service Agreement (Australia)

Document ID: TR-SA-AUS-001 Effective Date: [____/____/2026]

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1. Instructions for Use

• Completion: This form is to be completed jointly by the Service Provider and the Client prior to the commencement of any services. All fields marked with [__________] or [ ] Option must be accurately filled or selected.
• Filing & Retention: The fully executed agreement and any mandatory attachments must be retained by both parties for a minimum period of seven (7) years from the date of termination or completion of services.
• Mandatory Attachments: Any detailed "Scope of Work," "Service Level Agreement (SLA)," or "Pricing Schedule" referenced in this document must be appended as Schedule A, B, C, etc., and initialled by both parties.

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2. Parties to the Agreement

This Service Agreement (the "Agreement") is made effective on the Effective Date between:

2.1. Service Provider:

• Company/Trading Name: [____________________]
• ABN: [__________]
• Address: [____________________], [____________________], [____] [____] [____] [____] (State, Postcode)
• Email: [____________________]
• Phone: [__________] (hereinafter referred to as the "Service Provider")

AND

2.2. Client:

• Company/Individual Name: [____________________]
• ABN (if applicable): [__________]
• Address: [____________________], [____________________], [____] [____] [____] [____] (State, Postcode)
• Email: [____________________]
• Phone: [__________] (hereinafter referred to as the "Client")

The Service Provider and the Client are collectively referred to as the "Parties" and individually as a "Party."

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3. Services

3.1. Description of Services: The Service Provider agrees to perform the services ("Services") as described below:

3.2. Scope of Work (Optional): [ ] The detailed scope of work is attached as Schedule A to this Agreement. [ ] The detailed scope of work is fully described in Section 3.1 above.

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4. Term and Termination

4.1. Term: This Agreement shall commence on the Effective Date and shall continue until: [ ] The Services are completed, anticipated by [____/____/2026]. [ ] It is terminated earlier in accordance with the provisions of this Agreement. [ ] It continues for an initial period of [__________] months/years, automatically renewing for successive [__________] month/year periods unless terminated by either Party with [__________] days' written notice prior to the end of the then-current term.

4.2. Termination for Convenience: Either Party may terminate this Agreement for convenience by providing [__________] days' written notice to the other Party.

4.3. Termination for Cause: Either Party may terminate this Agreement immediately upon written notice if the other Party:

• Commits a material breach of this Agreement and fails to remedy such breach within [__________] days of receiving written notice specifying the breach.
• Becomes insolvent, enters into liquidation, or has a receiver or administrator appointed over its assets.

4.4. Effect of Termination: Upon termination, the Client shall pay the Service Provider for all Services performed and expenses incurred up to the effective date of termination.

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5. Payment Terms

5.1. Fees: The Client agrees to pay the Service Provider the following fees for the Services: [ ] A fixed fee of AUD [__________] (excluding GST). [ ] An hourly rate of AUD [__________] per hour (excluding GST). [ ] As per the attached Schedule B (Pricing Schedule).

5.2. Expenses: [ ] All reasonable and pre-approved out-of-pocket expenses (e.g., travel, accommodation) will be reimbursed by the Client upon presentation of valid tax invoices/receipts. [ ] No additional expenses will be charged.

5.3. Invoicing and Payment:

• Invoicing Frequency: [ ] Weekly [ ] Fortnightly [ ] Monthly [ ] Upon completion [ ] Other: [__________]
• Payment Due Date: All invoices are payable within [__________] days from the date of invoice.
• Late Payment: Payments not received by the due date may incur a late fee of [__________]% per month, compounded daily, on the outstanding balance.

5.4. Goods and Services Tax (GST): All amounts specified in this Agreement are exclusive of GST, unless explicitly stated otherwise. GST will be added to all invoices where applicable, in accordance with Australian tax laws.

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6. Confidentiality

Both Parties agree to maintain strict confidentiality of all non-public information received from the other Party during the term of this Agreement and for [__________] years thereafter. This includes, but is not limited to, business plans, client lists, financial data, and technical specifications ("Confidential Information"). Confidential Information does not include information that is publicly available, independently developed, or rightfully obtained from a third party.

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7. Intellectual Property

7.1. Pre-existing IP: Any intellectual property rights (IPR) owned by either Party prior to this Agreement shall remain the property of that Party.

7.2. Developed IP: All IPR created by the Service Provider specifically for the Client in the course of providing the Services (the "Deliverables") shall, upon full payment of the Fees, become the sole and exclusive property of the Client. The Service Provider hereby assigns all such IPR to the Client.

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8. Warranties and Liability

8.1. Service Provider Warranties: The Service Provider warrants that:

• The Services will be performed with reasonable skill and care, to a professional standard.
• It has the necessary expertise and resources to perform the Services.
• It will comply with all applicable Australian laws and regulations in performing the Services.

8.2. Client Warranties: The Client warrants that:

• It will provide timely access to information, resources, and personnel reasonably required by the Service Provider to perform the Services.
• It has the authority to enter into this Agreement.

8.3. Limitation of Liability: To the maximum extent permitted by law, the Service Provider's total aggregate liability arising out of or in connection with this Agreement, whether in contract, tort (including negligence), or otherwise, shall not exceed the total fees paid by the Client to the Service Provider under this Agreement in the [__________] months preceding the event giving rise to the liability. The Service Provider shall not be liable for any indirect, incidental, special, or consequential damages.

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9. Independent Contractor Status

The Service Provider is an independent contractor and not an employee, agent, partner, or joint venturer of the Client. The Service Provider shall be solely responsible for all tax obligations, superannuation, workers' compensation, and other statutory entitlements applicable to its personnel.

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10. Dispute Resolution

10.1. Negotiation: The Parties agree to first attempt to resolve any dispute or claim arising out of or relating to this Agreement through good faith negotiations.

10.2. Mediation (Optional): [ ] If negotiations fail, the Parties agree to endeavour to settle the dispute by mediation administered by [____________________] before having recourse to arbitration or litigation. The costs of mediation shall be borne equally by the Parties.

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11. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of [__________] (e.g., New South Wales) in Australia, and the Parties submit to the exclusive jurisdiction of the courts of that State/Territory.

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12. Entire Agreement

This Agreement, together with any schedules or attachments, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior negotiations, understandings, and agreements, whether written or oral.

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13. Notices

Any notice required or permitted under this Agreement shall be in writing and delivered to the addresses specified in Section 2, or such other address as a Party may specify in writing from time to time. Notices will be deemed effectively given upon receipt.

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14. Assignment

Neither Party may assign or transfer any of its rights or obligations under this Agreement without the prior written consent of the other Party, which shall not be unreasonably withheld.

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Execution and Signature Block

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

FOR THE SERVICE PROVIDER:

[____________________] Authorized Signature

[____________________] Printed Name

[____________________] Title

Date: [____/____/2026]

FOR THE CLIENT:

[____________________] Authorized Signature

[____________________] Printed Name

[____________________] Title

Date: [____/____/2026]

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Disclaimer: This document is provided as a standardized framework. Consult qualified legal counsel for jurisdiction-specific statutory compliance.