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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.
Effective from 9 November, Australian Consumer Law underwent substantial amendments.
These changes are primarily focused on expanding the scope of unfair contract terms to encompass small businesses and consumers, mandating the fairness of all contracts.
This automated Services Agreement / Terms of Business has been updated to comply with these changes, however we always recommend legal review before the agreement is used by your business.
The notion of 'fairness' in legal terms is subjective and should be assessed individually.
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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 v Hastings Shire Council (1977) 180 CLR 266, 283.
Important Notice:
This FAQ is intended for general interest + information only.
It is not legal advice, nor should it be relied upon or used as such.
We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.
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