The Customer Service Agreement serves as the primary contractual document governing the relationship between service providers and their customers in Australia. This agreement is essential when establishing formal service delivery arrangements and should be used whenever a business provides ongoing services to customers, whether they are individuals or other businesses. The agreement ensures compliance with Australian Consumer Law, Privacy Act 1988, and other relevant legislation while clearly defining the scope of services, performance standards, and mutual obligations. It provides both parties with certainty regarding service delivery, payment terms, and dispute resolution processes, while incorporating necessary consumer protections and fair contract terms. The document is particularly important for businesses operating in regulated industries or handling sensitive customer data.
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1. Parties: Identification and details of the service provider and customer
2. Background: Context of the agreement and general purpose of the service relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Service Description: Detailed description of services to be provided
5. Term: Duration of the agreement, including commencement date and renewal provisions
6. Payment Terms: Fees, payment methods, timing, and billing procedures
7. Service Provider Obligations: Key responsibilities and commitments of the service provider
8. Customer Obligations: Key responsibilities and commitments of the customer
9. Service Levels: Performance standards and metrics for service delivery
10. Privacy and Data Protection: Handling of customer data and compliance with Privacy Act
11. Intellectual Property: Ownership and usage rights of IP in service delivery
12. Confidentiality: Protection of confidential information exchanged
13. Liability and Indemnities: Limitation of liability and indemnification provisions
14. Termination: Grounds and process for termination, including notice periods
15. Dispute Resolution: Process for handling disputes between parties
16. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Force Majeure: Include when service delivery could be affected by events beyond reasonable control
2. Insurance: Include when specific insurance requirements need to be maintained
3. Security Requirements: Include when service involves access to sensitive systems or facilities
4. Compliance with Standards: Include when industry-specific standards or certifications apply
5. Change Management: Include when services may require significant modifications during the term
6. Business Continuity: Include when service disruption could significantly impact customer
7. Subcontracting: Include when service provider may need to engage subcontractors
8. Marketing and Publicity: Include when parties want to control public announcements about relationship
1. Schedule 1 - Service Specifications: Detailed technical specifications of services
2. Schedule 2 - Service Level Agreement: Detailed service levels, KPIs, and measurement methods
3. Schedule 3 - Fee Schedule: Detailed breakdown of fees, charges, and payment terms
4. Schedule 4 - Support Services: Details of support services, including hours and response times
5. Schedule 5 - Data Processing Agreement: Detailed terms for handling personal data if applicable
6. Appendix A - Contact Details: Key contacts for both parties for various purposes
7. Appendix B - Complaint Handling Procedure: Detailed process for handling service complaints
8. Appendix C - Change Request Form: Template for requesting changes to services
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