Free Australian Freelance
Contract Template

Freelance Services Agreement

Australia — New South Wales

This Freelance Services Agreement ("Agreement") is entered into between:

Freelancer: Your Name trading as Business Name, ABN XX XXX XXX XXX, ACN XXX XXX XXX, of Freelancer Address ("Freelancer")

Client: Client Name, ABN XX XXX XXX XXX, of Client Address ("Client")

Effective date: Start Date

The Freelancer agrees to provide the following services to the Client ("Services"): Project Title, commencing Start Date and targeted for delivery by End Date.

In scope:

Out of scope: Any work not listed above, including but not limited to:

Additional work requested outside this scope will be subject to a separate written change order and fee.

The Client agrees to pay the Freelancer a Fixed fee of AUD $0.00 for the Services described above, payable within 30 days of invoice.

A deposit of 50% (AUD $—) is payable upon execution of this Agreement before work commences.

The fees quoted are exclusive of GST. The Freelancer is registered for GST (ABN: XX XXX XXX XXX) and will issue a Tax Invoice. GST at 10% will be added to each invoice and is payable by the Client.

The Freelancer is not currently registered for GST. No GST is charged on the fees under this Agreement.

Late payments accrue interest at the rate of 10% per annum calculated daily from the due date. The Freelancer reserves the right to suspend work until overdue invoices are paid in full.

The Freelancer is an independent contractor and is solely responsible for their own superannuation contributions. The Client is not required to make superannuation guarantee contributions in respect of this engagement provided the Freelancer is engaged for a result (not primarily for their labour) and uses their own equipment and tools. Superannuation obligations under the Superannuation Guarantee (Administration) Act 1992 (Cth) are determined by the actual nature of the relationship, not the contract label alone. The current superannuation guarantee rate is 12% from 1 July 2026.

Subject to receipt of payment in full, the Freelancer assigns to the Client all copyright and other intellectual property rights in the final deliverables produced under this Agreement, including the right to reproduce, publish, and commercialise the deliverables in any medium worldwide. This assignment is made under section 197 of the Copyright Act 1968 (Cth) and constitutes a written assignment for the purposes of that Act.

Until payment is received in full, the Freelancer retains all copyright and grants the Client a limited, non-exclusive, non-transferable licence to review draft materials only. The Client may not publish, commercialise, or reproduce the work in any form until full payment has cleared.

The Freelancer retains the right to display the final deliverables in their portfolio and on social media for the purposes of promoting their services, unless the Client provides written notice requiring confidentiality.

The Freelancer is engaged as an independent contractor. Nothing in this Agreement creates a relationship of employment, partnership, or agency between the parties. The Freelancer:

• retains control over the manner and means by which the Services are performed;
• may perform services for other clients during the term of this Agreement;
• uses their own equipment, tools, and software to perform the Services;
• is responsible for their own income tax, GST (if applicable), and superannuation obligations.

The parties acknowledge the sham contracting provisions of the Fair Work Act 2009 (Cth), as amended by the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024. This Agreement accurately reflects the genuine nature of the parties' relationship. If a court or tribunal determines that the Freelancer is an employee for any purpose, that determination does not affect the validity or enforceability of the remaining terms of this Agreement.

Each party agrees to keep the other party's confidential information strictly confidential for a period of 3 years from the date of disclosure, and not to disclose such information to any third party without prior written consent. This obligation does not apply to information that: (a) is or becomes publicly available without breach of this Agreement; (b) was independently known by the receiving party; or (c) is required to be disclosed by law or court order.

Each party agrees to comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs) in respect of any personal information collected, used, or disclosed in connection with this Agreement, including the obligations introduced by the Privacy and Other Legislation Amendment Act 2024.

The fee includes up to two (2) rounds of revisions within the agreed scope. Additional revisions will be quoted and invoiced separately at the Freelancer's standard rate.

If the Client cancels the project after work has commenced, a kill fee is payable based on the proportion of work completed: 25% of the total fee if cancelled before 50% completion, or 50% of the total fee if cancelled after 50% completion, plus the cost of any approved expenses incurred.

Either party may terminate this Agreement by giving 14 days' written notice to the other party. Upon termination, the Client must pay for all work completed and approved expenses incurred up to the date of termination.

To the fullest extent permitted by law (including the Competition and Consumer Act 2010 (Cth) — Australian Consumer Law), the Freelancer's total liability to the Client arising under or in connection with this Agreement is limited to the total fees paid by the Client in the three (3) months preceding the claim. The Freelancer is not liable for any indirect, consequential, or special loss or damage.

This Agreement is governed by the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia.