Services Agreement / Terms of Business

Our automated Services Agreement is a comprehensive, flexible and top-tier quality agreement for the provision of services by a specific service provider to a particular identified client or no particular client (Terms of Business).

This document is designed to generally favour the service provider and will include non-solicitation provisions in favour of the service provider.

You can create a sophisticated Services Agreement that can be tailored in numerous ways, including options in relation to:

1️⃣ The scope of the work that will be included in/excluded from the services;

2️⃣ Structuring the arrangements (eg, phases or no phases); pricing and payment, including invoicing in advance/arrears and payment of a deposit;

3️⃣ Insurance, indemnity and limitations of liability; and

4️⃣ Confidentiality, ownership of IP, etc.

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FAQ

What is a Force Majeure clause?

What is a Force Majeure clause?

A force majeure clause is a method of allocating the risk of a disruptive event. It is a broad catch-all provision whereby the parties list categories or specific instances of otherwise frustrating events, together with the party or parties to bear the risk of the event occurring.

The clause can also grant options to vary, suspend or terminate the contract to one or more of the parties. [1]

Force majeure clauses form part of a contract’s express terms, subject to the conventional methods of construction.

Absent a force majeure clause, it is unlikely a contract’s commercial purpose would suggest that such a provision is so apparent that it goes without saying [2], meaning a court is likely to refuse to imply it.

Further Reading:

For a more detailed discussion please refer to our blog article “Force Majeure Clauses & Frustration: Why the COVID-19 Pandemic is a Wake-Up Call" by Shakvaan Wijetunga | Virtual Intern at Blue Ocean Law Group℠.

Footnotes:

[1] Eg., Yara Nipro P/L v Interfert Australia P/L [2010] QCA 128, [26].

[2] BP Refinery (Westernport) Pty Ltd vHastings Shire Council (1977) 180 CLR 266, 283.

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