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To execute a Data#3 Head Agreement, please click on the link here and follow the instructions. Please ensure you have appropriate internal authority to execute this document on behalf of your employer. If not, please email this weblink to an authorised signatory. The link is managed by Data#3’s electronic signature provider, Echosign. It will walk you through the simple instructions to complete and electronically execute the document. Once you have executed the document, you will be asked to validate your email address. Upon validation, it will be emailed to our General Counsel for counter-signature. Data#3 will then add a unique Head Agreement number. Upon execution by Data#3, a fully executed Head Agreement will be emailed to you for your records. If you have any queries regarding this process, please email LARA@data3.com.au
What is it?
Data#3’s Head Agreement is a generic, umbrella contract that sets out the framework by which all of Data#3’s customers engage us to supply Hardware, Software and Services. Also, it sets out those high-level clauses that apply generally irrespective of whether Data#3 is providing Hardware, Software, Services or a combination of our broad range of ICT offerings.
Is it your usual ‘one-sided’ standard supplier terms?
No. The contract has been drafted to be commercially pragmatic, concise and legally fair to both parties. Data#3 is of course prepared to negotiate any changes to the Head Agreement, to suit each customer’s specific requirements.
How many times will a customer have to review the Head Agreement?
Once. It is only necessary for Data#3’s customers to review and accept the Head Agreement once. This document will govern our legal relationship in the future.
What happens next?
Each time a customer wishes to buy from or transact with Data#3, the parties simply need to agree upon a ‘Commercial Engagement Document’; a document that sets out and captures the specific commercial terms of each transaction (for example, price, hardware / software product descriptions, quantity, scope of services, due dates, acceptance testing requirements, IPR matters, project scope documents and any associated functional specifications). Depending on the nature of the engagement, a Commercial Engagement Document may take the form of am agreed purchase order, Data#3 quotation, Data#3 proposal, Statement of Work, agreed Customer specification, response to tender or a combination of these documents.
How does the Head Agreement interact with a Customer Engagement Document?
With a Head Agreement in place, and a Customer Engagement Document agreed upon, an individual contract is formed, the terms of which consist of the Head Agreement and the Commercial Engagement Document merged together in an appropriate manner. The next time you provide business to Data#3 and we agree upon a Customer Engagement Document, another separate individual contract is formed, and so on.
