CYBERMARKET GROUP
Service agreement

This services agreement is a template only. You should consider adapting the agreement to your specific circumstances. We recommend where practicable that you have the completed agreement reviewed by an independent legal advisor.

 

How to complete the agreement:

·               provide the information set out in square brackets with yellow highlight, then delete the brackets and remove the yellow highlight.

·               include or delete the clauses marked as optional, depending on your circumstances.

·               proof read the agreement.

·               once finalised, print one original for each party and arrange for all the parties to sign each original on the execution page. Each party should keep a copy for its records.

 

SERVICES AGREEMENT

SCHEDULE

TERM

MEANING

we, us or our

[insert name of Client and ABN/ACN]

Address: [insert address of Client]

Phone: [insert phone number of Client]

Email: [insert email address of Client]

you or your

[insert Consultant or Consultancy company name or individual name or trust name and ABN/ACN]

Address: [insert address of Consultant/Consultancy]

Phone: [insert phone number of Consultant/Consultancy]

Email: [insert email address of Consultant/Consultancy] 

Services

The Services include the following: 

·           [Insert a detailed description of the services and/or any deliverables to be performed, or reference any attachments or documentation that further particularises the Services.];

·           [insert]; and

·           [insert].   

Milestone

N/A

OR

You agree to perform the Services in accordance with the following milestone dates:

Milestone 1

[insert description of the Services and/or deliverables]

[insert date]

Milestone 2

[insert description of the Services and/or deliverables]

[insert date]

Milestone 3

[insert description of the Services and/or deliverables]

[insert date]

 

Nominated Persons

[insert name of specific person(s) who will perform the Services]

Address: [insert]

Phone: [insert]

Email: [insert]

[Insert additional Nominated Persons (as applicable)]

OR

N/A

Required Insurances

At a minimum, you are required to effect and maintain the following insurances for the Term (and for a reasonable period thereafter) and with a reputable insurance provider:

·           a public and products liability insurance policy, or equivalent, in the amount of no less than [$20 million] for any one claim;

·           a professional indemnity insurance policy, or equivalent, in the amount of no less than [$10 million] for any one claim; and

·           all other insurances required by Law in order for you to provide us with the Services.

Price

You will be paid for the Services in accordance with the Payment Terms, and as follows:

·         a fixed fee amount of $[insert] (incl GST) for the Services;

OR

·         a fixed fee amount in respect of each Milestone, as follows:

Milestone 1

[insert description of the Services and/or deliverables]

$[insert amount] (incl GST)

Milestone 2

[insert description of the Services and/or deliverables]

$[insert amount] (incl GST)

Milestone 3

[insert description of the Services and/or deliverables]

$[insert amount] (incl GST)

 

Payment Terms

We will confirm to Cybermarket Group Pty Ltd when the relevant Milestone has been satisfactorily completed or the Services completed and subject to the marketplace terms and conditions, Cybermarket Group will release the applicable portion of the Price as set out in the marketplace terms and conditions.

State

[insert the State or country whose laws will govern the agreement]

End Date

[insert the date on which this Agreement is to end and/or by which the Services are to be provided or completed – otherwise, insert “The date on which this Agreement expires or is terminated, in accordance with its terms.”]. 

Termination for Convenience by us

¨ Yes  ¨ No (Tick the appropriate box)

If yes, the notice period for termination for convenience by us is 30 days.

Special Conditions

[Use special conditions to add any specifics of the arrangement not already covered in the agreement]

SC 1:

[Optional (if there is no exclusivity in the arrangement): Nothing in this Agreement creates an exclusive relationship between you and us, and we may, at any time, enter into arrangements with any other individual or entity to receive the same or similar goods or services as the Services.

[Optional (if the Client cannot engage another consultant to perform the Services during the Term): This Agreement creates an exclusive relationship between you and us, and we may not, during the Term, enter into any arrangement with any other individual or entity to receive the same or similar goods or services as the Services, unless otherwise agreed between the Parties.

SC 2:

[Optional (if the Consultant/Consultancy is not allowed to subcontract): You agree to not subcontract the provision of any part of the Services without our prior written consent, which may be withheld at our absolute discretion.  You agree that any approval to subcontract given by us does not discharge you from any Liability under this Agreement and you are liable for the acts and omissions of the subcontractor.

EXECUTION

CLIENT

IF CLIENT IS A COMPANY USE THIS EXECUTION BLOCK

EXECUTED for and on behalf of [insert Client company name] (ABN/company registration number [insert]) by a duly authorised representative:

 

IF CLIENT IS AN INDIVIDUAL USE THIS EXECUTION BLOCK

EXECUTED by [insert name of client] (ABN [insert]):

 

 

 

Signature

 

Signature

 

 

 

Name

 

Name

 

 

 

Date

 

Date

CONSULTANT/CONSULTANCY

IF CONSULTANT/CONSULTANCY IS A COMPANY USE THIS EXECUTION BLOCK

EXECUTED for and on behalf of [insert Consultant/Consultancy company name] (ABN/company registration number [insert]) by a duly authorised representative:

 

IF CONSULTANT/CONSULTANCY IS AN INDIVIDUAL USE THIS EXECUTION BLOCK

EXECUTED by [insert Consultant/Consultancy name] (ABN [insert]):

 

 

 

Signature

 

Signature

 

 

 

Name

 

Name

 

 

 

Date

 

Date