Maintenance Agreement / Service Level Agreement (Australia)
MAINTENANCE AGREEMENT AND SERVICE LEVEL AGREEMENT
This Maintenance Agreement and Service Level Agreement (the “Agreement”) is made on [Agreement Date] between:
[Provider Name] (ABN [Provider ABN]), of [Provider Address], [Provider Suburb], [Provider State] [Provider Postcode], contact: [Provider Contact] (the “Service Provider”); and
[Client Name] (ABN [Client ABN]), of [Client Address], [Client Suburb], [Client State] [Client Postcode] (the “Client”).
The Service Provider and the Client are referred to collectively as the “Parties”.
1. MAINTENANCE SERVICES
1.1 The Service Provider agrees to provide maintenance and support services (the “Services”) in respect of the following equipment or systems (the “Equipment”):
[Equipment Description]
1.2 The Equipment is located at: [Equipment Location]
1.3 The scope of Services under this Agreement includes:
[Maintenance Scope]
1.4 The following items and services are expressly excluded from the scope of this Agreement:
[Maintenance Exclusions]
1.5 The Service Provider will carry out scheduled preventive maintenance [Scheduled Frequency]. The Service Provider will give the Client reasonable advance notice of each scheduled maintenance visit.
1.6 Any works identified during a maintenance visit that are outside the agreed scope must be quoted separately in writing and approved by the Client before those works are performed.
1.7 The Service Provider will perform all Services with due care and skill, in a proper and professional manner, and in compliance with all applicable laws and standards. These obligations are implied by the Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010 (Cth)) and cannot be excluded.
2. SERVICE LEVEL COMMITMENTS
2.1 Support is available [Support Hours].
2.2 Critical Faults: A “Critical Fault” is a failure that renders the Equipment or system wholly non-operational. The Service Provider will respond to a Critical Fault within [Critical Response Time] hours of notification and will use reasonable endeavours to restore operation within [Critical Resolution Time] hours of notification.
2.3 Standard Faults: A “Standard Fault” is a failure that degrades performance but does not render the Equipment non-operational. The Service Provider will respond to a Standard Fault within [Standard Response Time] business hours of notification.
2.4 The Client must notify the Service Provider of any fault or service request by contacting [Provider Contact] during support hours.
2.5 Response and resolution times commence from the time a fault is logged with the Service Provider. Response time means the time until the Service Provider acknowledges the fault and confirms the course of action to be taken. Resolution time is a target, not a guarantee, and may be extended where delays are caused by parts availability, third-party dependencies, or circumstances beyond the Service Provider’s reasonable control.
2.6 The Service Provider will maintain a log of all faults reported and the response and resolution times achieved, and will provide the Client with a monthly service report on request.
3. SPARE PARTS AND WORKMANSHIP WARRANTY
3.1 [Parts Arrangement].
3.2 All spare parts supplied by the Service Provider will be new or refurbished parts of equivalent quality and will be appropriate for the Equipment. The Service Provider warrants that all parts supplied are free from defects in materials for the period covered by the manufacturer’s warranty or the workmanship warranty in clause 3.3, whichever is longer.
3.3 The Service Provider warrants that all maintenance work performed under this Agreement is free from defects in workmanship for a period of [Warranty Period] months from the date of completion of the relevant work. If a defect in workmanship arises within the warranty period, the Service Provider will remedy the defect at no additional cost to the Client.
3.4 The workmanship warranty does not apply to defects caused by misuse, neglect, unauthorised modifications, use outside the manufacturer’s specifications, or circumstances beyond the Service Provider’s reasonable control.
3.5 Nothing in this clause limits the Client’s rights under the Australian Consumer Law.
4. FEES AND PAYMENT
4.1 In consideration of the provision of the Services, the Client will pay the Service Provider an annual maintenance fee of $[Maintenance Fee] AUD ([GST Treatment]), payable [Fee Frequency].
4.2 The Service Provider will issue a valid tax invoice in accordance with the A New Tax System (Goods and Services Tax) Act 1999 (Cth). Each tax invoice will include the Service Provider’s ABN. The Client must pay each invoice within [Payment Terms] days of the date of invoice by electronic funds transfer to the account nominated by the Service Provider.
4.3 Works outside the agreed scope will be quoted separately and invoiced on completion. Additional invoices for out-of-scope works are also payable within [Payment Terms] days.
4.4 If the Client fails to pay any amount by the due date, the Service Provider may charge interest on the overdue amount at 10% per annum calculated daily, without prejudice to any other rights or remedies.
4.5 The Service Provider reserves the right to adjust the annual maintenance fee at each renewal by giving not less than 30 days’ written notice before the end of the then-current term.
5. TERM AND RENEWAL
5.1 This Agreement commences on [Commencement Date] and continues for an initial term of [Initial Term] months.
5.2 Following the initial term, this Agreement [Renewal Type].
5.3 Either Party may terminate this Agreement for convenience on [Notice Period] days’ written notice to the other Party, subject to payment of all fees accrued to the effective date of termination.
5.4 Either Party may terminate this Agreement immediately by written notice if the other Party commits a material breach and fails to remedy that breach within 14 days of a written notice requiring it to do so, or if the other Party becomes insolvent or enters into administration or liquidation.
5.5 On termination, the Client must provide the Service Provider with reasonable access to the Equipment to retrieve any tools, parts, and equipment belonging to the Service Provider.
6. CLIENT OBLIGATIONS
6.1 The Client must provide the Service Provider’s personnel with safe and timely access to the Equipment and relevant areas of the premises at the times agreed for maintenance visits and emergency call-outs.
6.2 The Client must not permit unauthorised persons to perform maintenance or repairs on the Equipment and must promptly notify the Service Provider of any fault, unusual performance, or damage to the Equipment.
6.3 The Client must operate the Equipment in accordance with the manufacturer’s specifications and must not use the Equipment for any purpose for which it is not designed.
6.4 The Client must maintain appropriate occupational health and safety conditions at the premises in accordance with the Work Health and Safety Act 2011 (Cth) and applicable state legislation, to ensure the safety of the Service Provider’s personnel while on site.
7. LIABILITY AND INDEMNITY
7.1 Nothing in this Agreement excludes, restricts, or modifies any guarantee, warranty, or other right or remedy implied by the Australian Consumer Law that cannot lawfully be excluded or limited.
7.2 Subject to clause 7.1 and to the extent permitted by law, the Service Provider’s aggregate liability to the Client for all claims arising under or in connection with this Agreement is limited to the total fees paid by the Client in the 12 months preceding the event giving rise to the claim.
7.3 Subject to clause 7.1 and to the extent permitted by law, neither Party will be liable for any indirect, special, or consequential loss or damage, including loss of revenue, loss of profits, or loss of data.
7.4 The Service Provider will not be liable for damage to the Equipment or any loss arising from: (a) the Client’s failure to comply with clause 6; (b) misuse or unauthorised modification of the Equipment; or (c) events beyond the Service Provider’s reasonable control (including force majeure events).
8. GENERAL PROVISIONS
8.1 Entire Agreement: This Agreement constitutes the entire agreement between the Parties regarding maintenance of the Equipment and supersedes all prior discussions, representations, and agreements.
8.2 Amendments: This Agreement may only be varied by a written instrument signed by both Parties.
8.3 Dispute Resolution: The Parties will attempt to resolve any dispute by good-faith negotiation within 14 days of written notice. If unresolved, either Party may refer the dispute to mediation before commencing legal proceedings.
8.4 Governing Law: This Agreement is governed by the laws of [Governing State], Australia. Each Party submits to the non-exclusive jurisdiction of the courts of [Governing State] and the Federal Court of Australia.
8.5 Severability: If any provision of this Agreement is invalid or unenforceable, it will be read down to the minimum extent necessary, and the remaining provisions continue in full force.
8.6 Insurance: The Service Provider must maintain public liability insurance of at least $20,000,000 per occurrence and must produce evidence of such insurance on reasonable request.
EXECUTED as an Agreement.
SERVICE PROVIDER
Name: [Provider Name]
ABN: [Provider ABN]
Address: [Provider Address], [Provider Suburb], [Provider State] [Provider Postcode]
CLIENT
Name: [Client Name]
ABN: [Client ABN]
Address: [Client Address], [Client Suburb], [Client State] [Client Postcode]
Service Provider
________________
Signature
Date: ________________
Client
________________
Signature
Date: ________________
What Is a Maintenance Agreement / Service Level Agreement (Australia)?
A Maintenance Agreement / Service Level Agreement in Australia records the maintenance work to be provided, the fees, the service standards, and each party's obligations between the provider and the client under the common law of contract and the Australian Consumer Law.
Maintenance agreements are governed in Australia primarily by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)), which implies mandatory consumer guarantees into every contract for the supply of services to a consumer. Under the ACL, maintenance services must be rendered with due care and skill (s 60), must be fit for any disclosed purpose (s 61), and must be completed within a reasonable time where no time is fixed (s 62). These guarantees cannot be excluded by contract — any purported exclusion is void — though a limitation clause may be valid under s 64A for non-major failures.
The Work Health and Safety Act 2011 (Cth) (and its state and territory equivalents) is also relevant: when maintenance personnel attend a client's premises, both the maintenance provider (as the employer PCBU) and the client (as the occupier PCBU) owe independent safety duties to confirm the health and safety of those workers and others at the workplace.
GST applies at 10% to maintenance services and spare parts supplied by a GST-registered entity under the A New Tax System (Goods and Services Tax) Act 1999 (Cth). The agreement must clearly specify whether quoted fees are inclusive or exclusive of GST.
Service level commitments distinguish a maintenance agreement from a simple service contract. By specifying measurable response and resolution times for different categories of fault, the parties create clear, enforceable performance standards. Breach of an SLA commitment gives the client a right to damages and, in well-drafted agreements, to service credits or the right to engage an alternative provider at the maintenance provider's cost.
The legal framework governing the Maintenance Agreement / Service Level Agreement (Australia) in Australia draws on several key statutes and regulatory bodies. Under the Corporations Act 2001 (Cth), the Australian Securities and Investments Commission (ASIC) regulates companies and financial services. Section 127 of the Corporations Act 2001 governs company execution of documents. The Australian Competition and Consumer Commission (ACCC) enforces the Competition and Consumer Act 2010 (Cth). The Australian Taxation Office (ATO) administers the Goods and Services Tax under the A New Tax System (Goods and Services Tax) Act 1999. The Federal Court of Australia and Supreme Courts of each state have jurisdiction over corporate disputes. Parties executing a Maintenance Agreement / Service Level Agreement (Australia) in Australia should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Common law of contract; Australian Consumer Law (Competition and Consumer Act 2010, Schedule 2) sets the foundational requirements.
When Do You Need a Maintenance Agreement / Service Level Agreement (Australia)?
A written Maintenance Agreement is essential for any business that engages an external provider for ongoing maintenance of equipment, systems, or property. The agreement protects both parties by defining expectations, limiting liability, and creating clear procedures for fault reporting and resolution.
Equipment maintenance providers — including HVAC technicians, lift maintenance companies, industrial equipment servicers, fire protection specialists, security system maintainers, and medical device service organisations — should have a signed maintenance agreement with each client before commencing any ongoing maintenance work. Without a written agreement, the scope of services, response time obligations, and pricing arrangements will be subject to dispute if the equipment fails or maintenance is not performed as expected.
IT managed service providers (MSPs) that support servers, networks, cloud infrastructure, or software platforms should use a maintenance and support agreement that specifies uptime targets, response and resolution times, backup and recovery procedures, escalation paths, and the treatment of out-of-scope requests. The agreement should also address data protection obligations under the Privacy Act 1988 (Cth) where the MSP has access to the client's personal information.
Commercial property managers and facility managers who engage external contractors for building maintenance — including plumbing, electrical, lift, and HVAC maintenance — need a maintenance agreement that defines the scope of routine maintenance, the procedure for emergency call-outs, and the pricing of repairs that fall outside the routine scope. The agreement should reference the client's WHS obligations to provide safe access to maintenance personnel.
Healthcare facilities and aged care operators that maintain medical devices, patient monitoring equipment, and clinical systems under regulatory standards (such as those imposed by the Therapeutic Goods Administration (TGA)) need maintenance agreements that specify calibration, preventive maintenance, and documentation requirements consistent with those standards.
Strata corporations and owners corporations that engage building maintenance contractors should use a maintenance agreement to define the services to be provided, the response times for urgent repairs affecting common property, and the scope of the contractor's liability for damage caused during maintenance works.
What to Include in Your Maintenance Agreement / Service Level Agreement (Australia)
A thorough Australian Maintenance Agreement and SLA should include the following key provisions to provide effective legal protection and operational clarity.
Identification of Equipment — Precisely identify the equipment, systems, or property to be maintained, including make, model, serial numbers, location, and any relevant identifiers. Vague descriptions of the equipment are a common source of disputes about scope, particularly where multiple items of similar equipment exist at a site.
Scope of Services and Exclusions — Define what maintenance activities are included (preventive maintenance schedule, corrective maintenance, emergency call-out, remote monitoring, spare parts supply) and what is expressly excluded (structural repairs, damage caused by misuse, replacement of major components due to end of economic life). Exclusions are as important as inclusions in preventing scope disputes.
Service Level Commitments — Specify measurable SLCs for critical faults (response time and resolution target) and standard faults (response time), support hours (business hours, extended hours, or 24/7), the method for logging faults, and the escalation process for missed SLCs. Response times should be defined from when the fault is logged, not when the provider becomes aware.
Spare Parts and Workmanship Warranty — Clarify whether spare parts are included in the fee or charged additionally, the procedure for approving parts costs, and the period of the workmanship warranty on completed maintenance works. The warranty should be consistent with the ACL's implied guarantees.
Fees, GST, and Renewal — State the annual maintenance fee, whether it is inclusive or exclusive of GST, the payment schedule (monthly, quarterly, or annually in advance), the procedure for fee adjustments at renewal, and the notice period required to avoid automatic renewal. Automatic renewal provisions should be clear and fair.
Client Obligations — Require the client to provide safe and timely site access, notify the provider promptly of faults, operate equipment within the manufacturer's specifications, and comply with applicable WHS laws. These obligations protect the provider from claims arising from the client's own conduct.
Limitation of Liability — Include a liability cap and a consequential loss exclusion, consistent with s 64A of the ACL for non-major failures. The cap should reflect the annual fee value to provide proportionate protection without being unconscionable. Expressly preserve ACL rights that cannot be excluded by law.
Termination and Post-Termination — Specify the notice period for termination for convenience, the grounds for immediate termination on cause, the obligation to pay accrued fees on termination, and the process for the provider to recover its equipment and tools from the client's premises on termination.
Additional compliance elements for a Maintenance Agreement / Service Level Agreement (Australia) used in Australia include: Under the Corporations Act 2001 (Cth), the Australian Securities and Investments Commission (ASIC) regulates companies and financial services. Section 127 of the Corporations Act 2001 governs company execution of documents. The Australian Competition and Consumer Commission (ACCC) enforces the Competition and Consumer Act 2010 (Cth). The Australian Taxation Office (ATO) administers the Goods and Services Tax under the A New Tax System (Goods and Services Tax) Act 1999. The Federal Court of Australia and Supreme Courts of each state have jurisdiction over corporate disputes. Forms-legal.com provides this template as a starting point for Australia-compliant documentation.
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title = {Maintenance Agreement / Service Level Agreement (Australia) (Australia)},
year = {2026},
howpublished = {\url{https://forms-legal.com/australia/business/services/maintenance-agreement-australia}},
note = {Free legal document template. Based on Common law of contract; Australian Consumer Law (Competition and Consumer Act 2010, Schedule 2)}
}Also available for these jurisdictions:
Frequently Asked Questions
Under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)), where a business supplies maintenance services to a consumer, several guarantees are automatically implied and cannot be excluded. Under s 60, the services must be rendered with due care and skill. Under s 61, where the client makes known the purpose for which the services are required, the services must be reasonably fit for that purpose. Under s 62, services must be completed within a reasonable time where no time has been fixed. A 'consumer' under the ACL includes any business purchasing services valued at $100,000 or less. If a maintenance provider fails to comply with these guarantees, the client is entitled to a remedy: for a major failure, the client may end the agreement and seek a refund or compensation for any reasonably foreseeable loss; for a non-major failure, the provider must fix the problem within a reasonable time or the client may request a refund. Any clause in a maintenance agreement that purports to exclude these guarantees is void under s 64 of the ACL, though a limitation clause under s 64A may be valid where the failure is not a major failure.
The Work Health and Safety Act 2011 (Cth) (WHS Act) and its state and territory equivalents impose duties on multiple parties in relation to a workplace. Under the WHS Act, a 'person conducting a business or undertaking' (PCBU) must ensure, so far as is reasonably practicable, the health and safety of workers and others at the workplace. When a maintenance provider sends workers to a client's premises, both the client (as the occupier PCBU) and the maintenance provider (as the employer PCBU) owe duties. The client must require that the premises and systems of work are safe for visiting workers, provide adequate information about hazards, and give the maintenance workers reasonable access to the areas where equipment is located. The maintenance provider must ensure its workers are adequately trained and equipped, provide appropriate personal protective equipment (PPE), and follow safe work procedures. A maintenance agreement should address these obligations — requiring the client to provide safe access, relevant hazard information, and site inductions, and requiring the maintenance provider to comply with all relevant WHS laws and the client's site safety policies.
A well-drafted maintenance agreement should define specific, measurable service level commitments (SLCs) rather than vague obligations. Key elements include: (1) Fault classification — defining what constitutes a 'critical fault' (equipment wholly non-operational, creating an emergency or safety risk) versus a 'standard fault' (degraded performance, non-critical); (2) Response time — the time from notification to the service provider acknowledging the fault and committing to an action plan; this should be measured in hours from when the fault is logged, not from when the provider becomes aware; (3) Resolution time — a target time to restore operation, which should be stated as a target rather than a guarantee because resolution time depends on parts availability and fault complexity; (4) Support hours — specifying whether support is available during business hours only, extended hours, or 24/7, including treatment of weekends and public holidays; (5) Escalation process — what happens if the response or resolution target is missed; this may include a right to engage an alternative provider at the maintenance provider's cost. Australian courts have generally held that response time targets in commercial service level agreements are contractual obligations enforceable by damages for breach, though the quantum of damages must be proven.
The supply of maintenance services and spare parts by a GST-registered entity is a taxable supply subject to GST at 10% under the A New Tax System (Goods and Services Tax) Act 1999 (Cth) (GST Act), unless specifically exempt. A maintenance agreement must clearly state whether the quoted annual fee and any spare parts charges are inclusive or exclusive of GST to avoid disputes. If the fee is stated as exclusive of GST, the client pays the fee plus 10% GST. The maintenance provider must be registered for GST if its annual turnover exceeds $75,000 (or $150,000 for non-profit bodies) and must issue valid tax invoices (with ABN, GST amount, and description of supply) for each billing period. The client may be entitled to claim an input tax credit for GST paid on maintenance fees, provided the client is registered for GST and the maintenance relates to a creditable business purpose. Spare parts charges — whether included in the service fee or invoiced separately — are also subject to GST at 10%.
If a maintenance provider fails to meet agreed service level commitments in an Australian maintenance agreement, the consequences depend on how the agreement is drafted. In the absence of specific contractual remedies, the client's primary remedy is a claim for breach of contract damages. Under Australian contract law, damages for breach of contract are assessed as the loss directly and naturally resulting from the breach — which in the context of a maintenance failure may include production downtime losses, emergency repair costs incurred in engaging an alternative provider, and losses caused by extended equipment outage. The client must take reasonable steps to mitigate its losses. Many maintenance agreements include specific service credit provisions — for example, a credit equal to a percentage of the monthly maintenance fee for each hour of response-time failure — which are easier to apply than proving actual loss. Where the maintenance agreement is a contract for the supply of services to a consumer under the Australian Consumer Law, a failure to attend within a reasonable time may also constitute a failure to comply with the implied guarantee in s 62 of the ACL, entitling the client to a remedy under the ACL independently of any contractual service credit.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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