General Service Agreement (Australia)

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General Service Agreement for use in Australia.

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A service agreement is an agreement between a contractor, who will provide services, and a property/business owner. These services may vary wildly, ranging from such things as gardening, to cleaning a house, to repairing a deck, to installing a garage door opener.

A service agreement is helpful because it provides the terms and conditions of the arrangement. What is involved in the project? How much will the contractor get paid? How will the arrangement end? When should the project be completed? These are all questions that will be answered in the service agreement. In addition, the service agreement will reaffirm that an employer/employee relationship is not created.

The following service agreement can be used for a one-time project or for on-going services.

This package contains: (1) Instructions and Checklist for the Service Agreement (the “Agreement”); (2) Information about the Agreement; and (3) the Agreement itself.

This form can be used for all states in Australia.
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
General Service Agreement
(Australia)

 

 
 
This Service Agreement (the “Agreement”) is dated as of  _____________________, 20____, by and between _________________________________________________ (“Contractor”) and _____________________________________________________ (“Owner”) (collectively the “Parties”).
 
The Parties agree as follows:
 
1.  SERVICES:  The Contractor will perform the services described below:
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
 
2.  TIME OF COMPLETION:  (Mark the applicable provision):
 
   The services described above shall be commenced on or before _________________, 20__, and shall be substantially completed by ______________________, 20__.  Time is of the essence.
 
   The services described above are ongoing, and shall be completed _______________ (e.g. weekly, bi-weekly, daily, etc.).
 
3.  PAYMENT:  (Mark the applicable provision):
 
   The Owner shall pay the Contractor for the material and labour to be performed under the Agreement the sum of  ________________________Dollars (A$__________).  (This is more appropriate for a one-time project)
 
   The Owner shall pay the Contractor _________________________ Dollars (A$__________) per ___________.  ( e.g. week, month, per session, etc.--this is more appropriate for ongoing services)
 
The payments shall be paid in the following manner: ______________________________________________________________________________________________________________________________________________________________________________________________________
(Here you will need to describe how the payments will be made.  Will you make the payments weekly, at the completion of the project, etc.)
 
 
The Contractor acknowledges and agrees that, except as provided in this Clause 3, it shall not be entitled to, and the Owner shall not be obligated to pay, any monies or other compensation for the services provided and rights granted under this Agreement. 
 
4.  OTHER EXPENSES:  The Owner shall reimburse the Contractor for the following expenses only:_________________________________________________
__________________________________________________________________________________________________________________________________________(If none, write “none)
 
5. GOODS AND SERVICES TAX: The payments specified in Section 3 include [or exclude] the GST (Goods and Services Tax) for Services to be provided under this Agreement which are taxable supplies within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 (the GST Act).
 
6. TAX INVOICE: The Contractor will issue the Owner a tax invoice in accordance with the GST Act in relation to all taxable supplies made for the benefit of Owner under this Agreement.
7. COMPLIANCE WITH WORKERS' COMPENSATION AND OTHER LAWS: The Contractor agrees to provide evidence of compliance by the Contractors own company and any of the Contractors subcontractors with all requirements for registration and payments due superannuation, sickness benefits and Work Cover under: (check the state where the work will be completed)
      the Workers Compensation Act of 1951 (Australian Capital Territory)
     the Workers Compensation Act of 1987 (New South Wales)
     the Workers Compensation and Injury Management Act 1981 (Western                  Australia)
     the Workers Rehabilitation and Compensation Act 1986 (South Australia)
     the Workers' Compensation and Rehabilitation Act 2003 (Queensland)
     the Accident Compensation Act 1985 (Victoria)
     the Workers Rehabilitation and Compensation Act 1988 (Tasmania)
      the Workers Rehabilitation and Compensation Act, as amended (Northern                   Territory)
The Contractor also agrees to comply with all Commonwealth and state laws, rules, regulations, codes and orders in force during the performance of the Agreement which relate to the preservation of public health or construction safety.
 
 8. WARRANTIES:
 
(a) The Contractor warrants that he is suitably qualified to carry out the services contracted for in this Agreement and further warrants that all persons engaged by the Contractor to carry out the Services under this Agreement will also be suitably qualified.
 
(b) All work shall be completed in a workmanship like manner, and if applicable, in compliance with all Australian Building Codes and other applicable laws.
 
(c)  To the extent required by law all work shall be performed by individuals duly licenses and authorised by law to perform the work.
 
(d)  Contractor warrants that it is adequately insured for injury to its employees and others incurring loss or injury as a result of the acts of Contractor or its employees.
(e) The Contractor shall correct, at its own expense, any defects in the Work due to faulty materials and/or workmanship pursuant to this Contract for a period of ___ year(s) from the date of Full Completion.
(f) The Owner shall give the Contractor written notice of such defects within a reasonable time and in any event within the warranty period.
(g) Special conditions limiting/affecting this warranty (if any)__________________________________________________________________________________________________________________________________________________________________
(h) The Contractor will convey to Owner any warranties by manufacturers or suppliers on individual materials, products or systems supplied by Contractor under this Contract.
(i) The Contractor does not warrant labour and/or materials supplied by the Owner or the Owners subcontractors. The Contractor shall protect the work done, the Owners property and the property of third parties from damage occasioned by the performance of its obligations under the Agreement.
9. GENERAL TERMS:(a) This Agreement shall be governed and construed in accordance with the laws of the State of ___________________________________ [enter the state where the services are to be completed], Australia, and any action relating to this Agreement shall be taken in the appropriate Court in that State. Both parties hereby submit to the jurisdiction of said courts for purposes of any such suit or proceeding, and waive any claim that any such forum is an inconvenient forum. (b) Any notices to either party under this Agreement shall be in writing and delivered by hand or sent by nationally recognised messenger service, or by registered or certified mail, return receipt requested, to the address set forth above or to such other address as that party may hereafter designate by notice. Notice shall be effective when received, which shall be no greater than one (1) business day after being sent by a nationally recognised messenger service or three days after being sent by mail.(c) The Owner may freely assign this Agreement, in whole or in part. The Contractor may not, without the written consent of the Owner, assign, subcontract, or delegate its obligations under this Agreement, except that the Contractor may transfer the right only to receive any amounts which may be payable to it for performance under this Agreement, and then only after receipt by the Owner of written notice of such assignment or transfer. This Agreement shall be binding upon and inure to the benefit of the parties' successors and assigns.(d) The waiver by either party of a breach or violation of any provision of this Agreement shall not constitute a waiver of any subsequent or other breach or violation.(e)  In the event Owner shall fail to pay any periodic or instalment payment due hereunder, Contractor may cease work without breach pending payment or resolution of dispute.
 
(f) Following the expiration or termination of this Agreement, whether by its terms, operation of law, or otherwise, the terms and conditions set forth, as well as any term, provision, or condition required for the interpretation of this Agreement or necessary for the full observation and performance by each party hereto of all rights and obligations arising prior to the date of termination, shall survive such expiration or termination.(g) Contractor shall not be liable for any delay due to circumstance beyond its control.
 
(h) This Agreement represents the entire Agreement between the parties. The Agreement may not be amended, changed, or supplemented in any way except by written Agreement signed by both parties. Both parties have read and agree to be bound by this Agreement.
 
OWNER:                        CONTRACTOR:
 
_______________________________      ___________________________
Signature                        Signature
 
_______________________________      ___________________________
Name (please print)                  Name (please print)
 
_______________________________      ___________________________
Title (if applicable)                  Title (if applicable)
 
 
Number of Pages8
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#33539
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
General Service Agreement
(Australia)

 

 
 
This Service Agreement (the “Agreement”) is dated as of  _____________________, 20____, by and between _________________________________________________ (“Contractor”) and _____________________________________________________ (“Owner”) (collectively the “Parties”).
 
The Parties agree as follows:
 
1.  SERVICES:  The Contractor will perform the services described below:
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
 
2.  TIME OF COMPLETION:  (Mark the applicable provision):
 
   The services described above shall be commenced on or before _________________, 20__, and shall be substantially completed by ______________________, 20__.  Time is of the essence.
 
   The services described above are ongoing, and shall be completed _______________ (e.g. weekly, bi-weekly, daily, etc.).
 
3.  PAYMENT:  (Mark the applicable provision):
 
   The Owner shall pay the Contractor for the material and labour to be performed under the Agreement the sum of  ________________________Dollars (A$__________).  (This is more appropriate for a one-time project)
 
   The Owner shall pay the Contractor _________________________ Dollars (A$__________) per ___________.  ( e.g. week, month, per session, etc.--this is more appropriate for ongoing services)
 
The payments shall be paid in the following manner: ______________________________________________________________________________________________________________________________________________________________________________________________________
(Here you will need to describe how the payments will be made.  Will you make the payments weekly, at the completion of the project, etc.)
 
 
The Contractor acknowledges and agrees that, except as provided in this Clause 3, it shall not be entitled to, and the Owner shall not be obligated to pay, any monies or other compensation for the services provided and rights granted under this Agreement. 
 
4.  OTHER EXPENSES:  The Owner shall reimburse the Contractor for the following expenses only:_________________________________________________
__________________________________________________________________________________________________________________________________________(If none, write “none)
 
5. GOODS AND SERVICES TAX: The payments specified in Section 3 include [or exclude] the GST (Goods and Services Tax) for Services to be provided under this Agreement which are taxable supplies within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 (the GST Act).
 
6. TAX INVOICE: The Contractor will issue the Owner a tax invoice in accordance with the GST Act in relation to all taxable supplies made for the benefit of Owner under this Agreement.
7. COMPLIANCE WITH WORKERS' COMPENSATION AND OTHER LAWS: The Contractor agrees to provide evidence of compliance by the Contractors own company and any of the Contractors subcontractors with all requirements for registration and payments due superannuation, sickness benefits and Work Cover under: (check the state where the work will be completed)
      the Workers Compensation Act of 1951 (Australian Capital Territory)
     the Workers Compensation Act of 1987 (New South Wales)
     the Workers Compensation and Injury Management Act 1981 (Western                  Australia)
     the Workers Rehabilitation and Compensation Act 1986 (South Australia)
     the Workers' Compensation and Rehabilitation Act 2003 (Queensland)
     the Accident Compensation Act 1985 (Victoria)
     the Workers Rehabilitation and Compensation Act 1988 (Tasmania)
      the Workers Rehabilitation and Compensation Act, as amended (Northern                   Territory)
The Contractor also agrees to comply with all Commonwealth and state laws, rules, regulations, codes and orders in force during the performance of the Agreement which relate to the preservation of public health or construction safety.
 
 8. WARRANTIES:
 
(a) The Contractor warrants that he is suitably qualified to carry out the services contracted for in this Agreement and further warrants that all persons engaged by the Contractor to carry out the Services under this Agreement will also be suitably qualified.
 
(b) All work shall be completed in a workmanship like manner, and if applicable, in compliance with all Australian Building Codes and other applicable laws.
 
(c)  To the extent required by law all work shall be performed by individuals duly licenses and authorised by law to perform the work.
 
(d)  Contractor warrants that it is adequately insured for injury to its employees and others incurring loss or injury as a result of the acts of Contractor or its employees.
(e) The Contractor shall correct, at its own expense, any defects in the Work due to faulty materials and/or workmanship pursuant to this Contract for a period of ___ year(s) from the date of Full Completion.
(f) The Owner shall give the Contractor written notice of such defects within a reasonable time and in any event within the warranty period.
(g) Special conditions limiting/affecting this warranty (if any)__________________________________________________________________________________________________________________________________________________________________
(h) The Contractor will convey to Owner any warranties by manufacturers or suppliers on individual materials, products or systems supplied by Contractor under this Contract.
(i) The Contractor does not warrant labour and/or materials supplied by the Owner or the Owners subcontractors. The Contractor shall protect the work done, the Owners property and the property of third parties from damage occasioned by the performance of its obligations under the Agreement.
9. GENERAL TERMS:(a) This Agreement shall be governed and construed in accordance with the laws of the State of ___________________________________ [enter the state where the services are to be completed], Australia, and any action relating to this Agreement shall be taken in the appropriate Court in that State. Both parties hereby submit to the jurisdiction of said courts for purposes of any such suit or proceeding, and waive any claim that any such forum is an inconvenient forum. (b) Any notices to either party under this Agreement shall be in writing and delivered by hand or sent by nationally recognised messenger service, or by registered or certified mail, return receipt requested, to the address set forth above or to such other address as that party may hereafter designate by notice. Notice shall be effective when received, which shall be no greater than one (1) business day after being sent by a nationally recognised messenger service or three days after being sent by mail.(c) The Owner may freely assign this Agreement, in whole or in part. The Contractor may not, without the written consent of the Owner, assign, subcontract, or delegate its obligations under this Agreement, except that the Contractor may transfer the right only to receive any amounts which may be payable to it for performance under this Agreement, and then only after receipt by the Owner of written notice of such assignment or transfer. This Agreement shall be binding upon and inure to the benefit of the parties' successors and assigns.(d) The waiver by either party of a breach or violation of any provision of this Agreement shall not constitute a waiver of any subsequent or other breach or violation.(e)  In the event Owner shall fail to pay any periodic or instalment payment due hereunder, Contractor may cease work without breach pending payment or resolution of dispute.
 
(f) Following the expiration or termination of this Agreement, whether by its terms, operation of law, or otherwise, the terms and conditions set forth, as well as any term, provision, or condition required for the interpretation of this Agreement or necessary for the full observation and performance by each party hereto of all rights and obligations arising prior to the date of termination, shall survive such expiration or termination.(g) Contractor shall not be liable for any delay due to circumstance beyond its control.
 
(h) This Agreement represents the entire Agreement between the parties. The Agreement may not be amended, changed, or supplemented in any way except by written Agreement signed by both parties. Both parties have read and agree to be bound by this Agreement.
 
OWNER:                        CONTRACTOR:
 
_______________________________      ___________________________
Signature                        Signature
 
_______________________________      ___________________________
Name (please print)                  Name (please print)
 
_______________________________      ___________________________
Title (if applicable)                  Title (if applicable)
 
 
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I am extremely satisfied with Legal Forms I will use again. This was my first time I was looking for a property management agreement however my first client did not want full management she just wanted to start with contracting my services to find a tenant and the agreements on your site looked to include all management services I assumed I would not be able to edit the agreements so I looked for a general agreement which I found and would serve the purpose. When I downloaded it I realized I could edit it and wished I had purchased the management agreement since I will hopefully soon need when I get more clients. I called to see if I could exchange thinking I would be told no you already have the one but there was no fuse or question they sent me the management agreement I was extremely happy the form is great covers everything.


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