The Facilitation Fee Agreement is essential for businesses operating in Australia that engage intermediaries or facilitators to help secure commercial opportunities. This document type is particularly relevant when one party (the facilitator) provides services to assist another party (the principal) in establishing business relationships, securing contracts, or completing transactions. The agreement must comply with Australian legislation, including the Corporations Act 2001, Competition and Consumer Act 2010, and anti-bribery laws. It becomes necessary when companies need to document legitimate facilitation arrangements, establish clear fee structures, and ensure transparent business practices. The agreement typically includes detailed provisions on service scope, payment terms, compliance requirements, and risk allocation, making it suitable for various commercial contexts while maintaining regulatory compliance.
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1. Parties: Identifies and provides full details of all parties to the agreement
2. Background: Sets out the context and commercial purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement
4. Appointment: Establishes the formal appointment of the facilitator and scope of services
5. Facilitation Services: Details the specific services to be provided by the facilitator
6. Fees and Payment Terms: Specifies the facilitation fees, calculation method, and payment terms
7. Obligations of the Facilitator: Lists the facilitator's duties, responsibilities, and service standards
8. Obligations of the Principal: Details the principal's responsibilities and obligations
9. Compliance and Anti-Bribery: Sets out compliance requirements and anti-bribery obligations
10. Confidentiality: Governs the handling and protection of confidential information
11. Term and Termination: Specifies the duration and termination provisions
12. Liability and Indemnity: Addresses risk allocation and liability limitations
13. General Provisions: Contains standard boilerplate clauses including governing law, notices, and assignment
1. Success Fee: Include when the fee structure includes performance-based or success-based components
2. Intellectual Property: Include when the services involve creation or use of intellectual property
3. Non-Competition: Include when restricting the facilitator from providing similar services to competitors
4. Insurance: Include when specific insurance requirements are needed
5. Force Majeure: Include when need to address circumstances beyond parties' control
6. Dispute Resolution: Include when specific dispute resolution mechanisms are required
7. Bank Guarantee/Security: Include when additional financial security is required
1. Schedule 1 - Services Description: Detailed description of facilitation services and deliverables
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment milestones
3. Schedule 3 - Service Levels: Performance metrics and service level requirements
4. Schedule 4 - Compliance Requirements: Specific compliance obligations and procedures
5. Appendix A - Contact Details: Key contact persons and notice details for all parties
6. Appendix B - Report Templates: Standard templates for required reports and documentation
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Real Estate
International Trade
Mining and Resources
Infrastructure
Construction
Professional Services
Technology
Manufacturing
Import/Export
Relevant Teams
Legal
Compliance
Finance
Commercial
Business Development
Operations
Procurement
Risk Management
Corporate Affairs
Treasury
Relevant Roles
Chief Executive Officer
Commercial Director
Business Development Manager
Legal Counsel
Compliance Officer
Finance Director
Operations Manager
Procurement Manager
Contract Manager
Risk Manager
Chief Financial Officer
Company Secretary
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