Document text
Service Agreement with Electronic Signature
Date: [DATE]
Service Provider: [FULL NAME OR COMPANY NAME], [ABN, IF ANY], of [ADDRESS], email [PROVIDER EMAIL] (the "Provider")
Client: [FULL NAME OR COMPANY NAME], [ABN, IF ANY], of [ADDRESS], email [CLIENT EMAIL] (the "Client")
1. Services. The Provider will perform the following services for the Client: [DESCRIPTION OF THE SERVICES AND DELIVERABLES].
2. Term. The services start on [START DATE] and end on [END DATE OR "WHEN THE SERVICES ARE COMPLETED"]. Milestones: [MILESTONES AND DATES, IF ANY].
3. Fee and payment. The Client will pay [AMOUNT AND CURRENCY] as [A FIXED FEE / AN HOURLY RATE / A MONTHLY FEE]. The Provider will invoice [WHEN], and the Client will pay within [NUMBER] days of the invoice date to [PAYMENT DETAILS]. Taxes: [TAX TREATMENT, E.G. "AMOUNTS EXCLUDE SALES TAX"].
4. Acceptance. The Client will check each deliverable within [NUMBER] days of delivery and report any defects in writing (email is enough). If no defects are reported within that time, the deliverable is accepted.
5. Independent provider. The Provider performs the services as an independent business, not as an employee of the Client, chooses how to do the work and is responsible for its own taxes and contributions.
6. Confidentiality. Each party keeps the other party's non-public information confidential and uses it only to perform this Agreement, during the Agreement and for [NUMBER] years after it ends.
7. Termination. Either party may end this Agreement by [NUMBER] days' written notice (email is enough). If a party seriously breaches this Agreement and does not fix the breach within [NUMBER] days after written notice, the other party may end it at once. Services performed up to the end date are paid.
8. Electronic form and signatures.
8.1. The parties agree to enter into this Agreement in electronic form and to sign it with electronic signatures, as permitted by the Electronic Transactions Act 1999 (Cth) and the electronic transactions law of [STATE OR TERRITORY].
8.2. Each party's signature is linked to that party by [METHOD: A LINK SENT TO THE PARTY'S EMAIL / A ONE-TIME CODE SENT TO THE PARTY'S PHONE].
8.3. A signing record is kept with this Agreement: who opened the document, who signed it, the date and time of each step, the [IP ADDRESS] and a fingerprint (hash) of the signed file. The parties agree that this record may be used as evidence of the signing and of the integrity of the document.
8.4. Each party receives a complete copy of the signed Agreement and of the signing record and may store and print it.
8.5. This Agreement does not cover any transaction for which the law requires a will, a deed, a power of attorney, a land transfer or another document for which the law of the State or Territory requires a particular form, witnessing or registration. Such a transaction needs its own document in the form the law requires.
9. Governing law and disputes. This Agreement is governed by the laws of [STATE OR TERRITORY], Australia. The parties will first try to settle any dispute by negotiation; otherwise it goes to [COURT OR ARBITRATION AND PLACE].
10. Whole agreement and changes. This Agreement is the whole agreement between the parties on its subject. Changes are valid only if made in writing and signed by both parties; electronic form and electronic signatures count.
Consent to electronic form
[ ] Provider: I agree to enter into and sign this Agreement in electronic form.
[ ] Client: I agree to enter into and sign this Agreement in electronic form.
Party Name and title Electronic signature Date and time Email or phone
Provider [NAME, TITLE] ____________________ [DATE AND TIME] [EMAIL OR PHONE]
Client [NAME, TITLE] ____________________ [DATE AND TIME] [EMAIL OR PHONE]
For me: before sending for signature
[ ] Signing method agreed with the client: it must identify the client and show intention, and the client must consent (ETA 1999, s. 10)
[ ] The client can open and keep the document for later reference (s. 9)
[ ] Not a will, deed, power of attorney or land document: State law applies
[ ] Both parties ticked consent to the electronic form
[ ] Signed copy and signing record kept at least 6 years (Vic: Limitation of Actions Act 1958, s. 5)