Get IT support leads in Australia

Managed service agreements are classic standard form contracts: drafted by one side, offered without real negotiation. Since 9 November 2023 it has been banned to propose, use or rely on an unfair term in a standard form contract with a consumer or a small business, with penalties attached, and the small business threshold was widened to a business with fewer than 100 employees or annual turnover under 10 million Australian dollars. That covers the overwhelming majority of firms buying IT support.

The ACCC describes unfair terms as those that let one party avoid or limit their obligations, or vary or end the contract unilaterally, without the other side having the same right. In IT agreements the recurring candidates are automatic renewal for a further long term unless you cancel in a narrow window, unilateral price rises with no exit, and clauses making the provider's documentation unavailable after termination.

Being covered does not void a term automatically; a court decides whether a term is unfair. But the regime gives you a reasonable basis to ask for auto-renewal, variation and exit clauses to be rewritten before you sign, and most providers will move on them.

Sources: ASD, Essential Eight · ASD, Essential Eight maturity model · ACCC, Unfair contract terms · ASD, Ransomware payment and cyber extortion payment reporting · OAIC, APP guidelines chapter 11: security of personal information