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Services Agreement

Services Agreement

Services Agreement

Perth Commercial & Corporate Lawyers

If you are looking to supply your services to a business or consumer, or if you are looking to hire a service provider, a services agreement is an essential document that sets out the framework of the working relationship between a service provider and the client. A services agreement is commonly used in health care, IT, construction, and other professional services.

A services agreement may also be referred to as a consultancy agreement, a client agreement, a master services agreement, business terms and conditions, a managed services agreement, or an independent contractor agreement. Whilst these agreements have some similarities, there are important differences. Speak to our lawyers to determine which type of agreement is suitable for you.

West Perth Legal’s tailored service on services agreements:

  • Professional Services agreement: creating professionally drafted and tailored services agreement, or a template for you to use for similar jobs.
  • Legal review: reviewing and providing advice on existing services agreements.
  • Legal negotiation: negotiating the terms of a services agreements in your best interest.

West Perth Legal Advantage

✔ Experienced Commercial Lawyers
✔ Tailored and professionally drafted services agreement
✔ Various rounds of revisions included
✔ Quick Turnaround
✔ Price Certainty (fixed fees where possible)

Commercial Lawyers Perth, Corporate Lawyers Perth, Business Lawyers Perth
Service Agreement

What is a Services Agreement?

A services agreement is an agreement between the client and the service provider that governs the relationship between the service provider and its client. A service can be provided between businesses, or it can be provided to consumers. The services agreement includes important terms such as the scope of service, timeline for delivery of services, payment terms, dispute resolution and liability for breach of contract.

A services agreement is used in a wide range of industries for a wide range of commercial relationships. As such, it is important to tailor your services agreement to address specific legal risks for your type of commercial arrangement. For example, the legal risk profile between an allied health provider and its patient is different to the legal risk profile between an IT professional and its business client. As such, different legal provisions need to be considered for these two different types of relationships.

Having an effective services agreement is especially important in ensuring the parties have a mutual understanding of the scope of work and nature of the relationship. From the client’s perspective, this will minimise any delays or over expenditure. From the service provider’s perspective, this will provide clarity around their responsibilities and certainty over payment terms.

We understand the importance of a well-drafted and comprehensive services agreement. Whether you are a service provider seeking to protect your rights or a business or an individual looking to engage independent professionals, our experienced Commercial Lawyers are here to assist. With our tailored services agreements, you can embark on your professional ventures with confidence and peace of mind.

Why Are Services Agreements Important?

Scope of Services

A clearly defined scope of work ensures that the parties are clear on the tasks and responsibilities of the services. This reduces the risk of misunderstanding, and dispute over deliverables and fees.

Payment Terms

Payment terms defines the process for issuing work order, invoicing, rates, and payment schedules. This provides certainty to both parties for the process of issuing work to payment.

Intellectual Property Rights

Intellectual property rights clause specifies which party owns intellectual property rights from the work created during the contract period. Without specifying ownership, the ownership rights to intellectual property can become the question of a dispute. Moral rights of the contractor could also be addressed.

Liability for Acts and Omissions

The indemnity clause specifies the liability for losses caused due to the beach of the contract. This can include both direct loss and consequential loss. It is important to consider the breadth of the indemnity requirements given any requirements that are deemed to be unfair or harsh may be deemed unenforceable.

Termination & Dispute Resolution

When the job does not go as planned, or is not performed to the standard expected, the termination and dispute resolution clauses can be useful. They contain provisions for the right to early termination, what constitutes a breach of contract, consequences of termination, and dispute resolution mechanisms.

Australian Consumer Law

For services provided to consumers and some businesses, the Australian Consumer Law generally applies. In this regard, it is important that the services agreement takes into consideration on laws around consumer guarantees and unfair contract terms.

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