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The Development Service Agreement is a crucial contract for organizations engaging external developers or development companies for software, system, or technology development projects in Australia. This agreement is typically used when a client requires professional development services for creating, modifying, or maintaining software applications, systems, or other technology solutions. The document addresses key aspects required under Australian law, including service definitions, intellectual property assignments, privacy compliance, and consumer protections. It provides comprehensive coverage of project management, quality standards, acceptance testing, and risk allocation, while ensuring compliance with relevant Australian legislation such as the Competition and Consumer Act 2010 and Privacy Act 1988. The agreement is particularly important for protecting both parties' interests in development projects where intellectual property creation, data handling, and service quality are critical considerations.

1. Parties: Identifies and provides full details of all parties to the agreement

2. Background: Sets out the context and purpose of the agreement, including the client's needs and developer's capabilities

3. Definitions: Defines key terms used throughout the agreement for clarity and consistency

4. Services: Detailed description of the development services to be provided, including scope and deliverables

5. Project Management: Outlines project governance, reporting structures, and communication protocols

6. Timeline and Milestones: Specifies the project timeline, key milestones, and delivery dates

7. Acceptance Testing: Details the acceptance criteria and testing procedures for deliverables

8. Fees and Payment: Specifies the fee structure, payment terms, and invoicing procedures

9. Intellectual Property Rights: Addresses ownership and licensing of pre-existing and newly created IP

10. Confidentiality: Defines confidential information and obligations regarding its protection

11. Data Protection and Privacy: Specifies obligations regarding data handling and privacy compliance

12. Warranties and Representations: Sets out warranties regarding services, capabilities, and compliance

13. Liability and Indemnity: Defines liability limitations and indemnification obligations

14. Term and Termination: Specifies contract duration and circumstances for termination

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