Terms of Business for Services

Terms of Business for Services

You’re so close to opening your business and offering your services to the world. You and your team are ready to get to work… but, something’s missing: A formal set of 'standard terms' to make sure your new clients know exactly the terms on which you provide your services.

This do-it-yourself document generator helps remove any uncertainty around kicking off a new business by giving you a customised, legally-binding Terms of Business. This document is designed to be provided alongside a proposal, quote, or work order to any client you wish to offer your services to – and it’s ready to use in less than 20 minutes.
$ 499 incl GST
Terms of Business for Services

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How does it work?

Our intuitive tool will guide you through the process step-by-step from start to finish. It’s quick, easy and simple to understand – just how legal documents ought to be.

The expert interview wizard will help you answer a few questions and prepare your document in the background. You’ll have your custom Service Agreement in 20 minutes or less.

When you’re done, print or download a PDF versions for you to review, customise or sign.

What is a Terms of Business for Services?

A Terms of Business for Services is a contract between a service business and any client who wishes to hire them that outlines the terms of the business relationship.

Typical inclusions are standard terms which include clauses to protect you and your client from risks and potential damages, clauses which set out payment schemes and termination notices, clauses to protect intellectual property, and more. It generally sets out the overarching terms you can refer back to in specific job orders.

When should I use this Terms of Business for Services?

This Terms of Business for Services should be used if you’re a business offering a service instead of goods. This agreement is typically used by software, e-commerce, and other digital businesses as well as agencies.

Once you’ve set out the standard terms of your service in this agreement, you should refer back to them in your proposal, quote, work order, statements of works (SOW) and state that they govern all of your engagements with your customers.

What topics does a Terms of Business for Services cover?

  • Identified Parties
  • Definitions and interpretation
  • Engagement as provider
  • Provision of the services
  • Pricing and invoicing
  • Intellectual property
  • Limitation of liability
  • Intellectual Property
  • Responsibility for costs
  • Termination (Notice Period)
  • Non-Solicitation Period
  • Standards and duties
  • Boilerplate language

What are the main decisions I need to make in creating a Terms of Business for Services?

  • How would you like to refer to your business in the terms: as a contractor, consultant or provider? How would you prefer to call the recipient of services: a client or recipient? 
  • Will you distinguish between what kind of work is in-scope and out-of-scope?
  • How long after issuing the invoice do you want to be paid? 
  • Do you want to include an indemnity clause? If so, do you want one-way or mutual indemnity and limitations of liability?
  • Will you specify a start date, or instead rely on the default provision which is the day both parties sign the agreement. 

What other names does a Terms of Business for Services go by?

A Services Agreement is also known as:

  • Standard terms of business
  • Terms and Conditions of Business
  • Terms of Business for Services

Frequently Asked Questions

As this is a no-particular client agreement, your business is the only party named on this document.

Your clients will need to sign a separate document that refers back to this agreement in order to bind them.

When another party is hiring your business to perform a service. Enclosed in the agreement are ‘standard terms’ which clearly outline your obligations and the standard in which you provide those services.

These agreements are largely the same, except this agreement for no particular client are general terms that you will refer back to. 

It allows you freedom to vary the scope of work and other terms in a separate work order or quote. This is better for businesses offering bespoke services.

The Services Agreement lets you tailor the entire agreement to suit a specific client. You will need to redraft each agreement if details of your work or client changes.

  • Party names
  • Party ABNs
  • Party addresses
  • Fee calculations
  • Timing of invoices

There are several signing options available. How you sign largely depends on where the parties are located and if they will attend signing together. You can print on paper and sign, or use electronic signature tools such as Docusign or Hellosign.

If you need any assistance please contact us directly, we would be happy to assist.

If you have any questions or are uncertain about any aspect of the document please do not sign it or use it, Please contact us directly and we would be happy to assist.

Absolutely! Get in touch with us and we can provide a fixed-fee price to review it.

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Not quite right? Looking for something else?

What other documents might I need?

If you’re interested in a Services Agreement (no particular client) you might also need to think about:

  • Services Agreement (with a Single Client) – This document can be used as an alternative if you want to tailor an agreement with a specific client.
  • Confidentiality Agreement – Also called non-disclosure agreements (‘NDAs’) to protect your intellectual property rights. 
  • Website Terms of Use – If your services are delivered online, make sure your website or online platform has a Terms of Use to govern how your clients can use your website as well as protect your intellectual property.
  • Website Privacy Policy – Australian businesses collecting any kind of personal information (e.g., names, birthdays, medical records, bank account details, addresses, and even personal opinions) may be required to comply with obligations set out in the Privacy Act 1988 (Cth).

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