eServices Contract: short vs. long form

This fact sheet outlines the differences between the Short and Long Form eServices contracts for version 6.1 of the eServices Register contract suite.

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Published by:
Department of Government Services
Date:
26 Aug 2026

What are the differences between the eServices Short Form Contract and Long Form Contract?

They’re more similar than different

The Short Form and Long Form Contracts are mostly similar and operate in largely the same way. The Long Form Contract has additional and more granular protections compared to the Short Form Contract.

As a rule of thumb, the Short Form Contract will be appropriate for most low risk or simple procurement activities. The Long Form Contract may be used if the procurement activity is complex, high risk or valued at more than $1 million (excl GST).

If you are a Purchaser seeking advice on which provisions are suitable for your project, you should consult your legal team.

Summary of differences between similar provisions

The table below summarises the main differences between equivalent provisions in the Short Form Contract (SFC) and Long Form Contract (LFC). This table is not an exhaustive list of all differences between the two.

Table legend:

N : clause is not included

Y : the equivalent clause is included

! : some similarities in the included clauses, but not identical clauses

ReferenceSFCLFCDescription

Transition In

Clause 4 of LFC

NYIf specified in the Requirements, the LFC requires the Supplier to provide Transition In Services at no additional cost to the Purchaser.

Consequences of non-performance

Clause 5.4 of LFC

NYThe LFC contains specific permission for the Purchaser to require the Supplier to remedy or re-perform non-compliant Deliverables or Services within a reasonable timeframe and to withhold payment for them until that is done. If the failure is not remedied in time, or cannot be remedied, the parties may meet to try to agree a remedy. Where a meeting is not practicable, no agreement is reached, or an agreed remedy is not implemented, the Purchaser may (itself or through a third party) remedy or re-perform the Deliverable or Service and recover all reasonable costs of doing so from the Supplier.

Access to Purchaser's items and premises

Clause 6 of SFC and clause 7 of LFC

!!

In both the SFC and LFC, the Purchaser can provide the Supplier access to the Purchaser’s premises. The Supplier is required to avoid causing harm, act safely and lawfully, and comply with applicable occupational health and safety laws.
The LFC has the following additional provisions:

  • The Purchaser can specify in the Requirements (Part D of the Ordering Document) the items and resources it will provide to the Supplier.
  • The Purchaser can deny or suspend the Supplier's access to the Purchaser’s items, resources or premises without being in breach of the contract.
  • Access to the Purchaser’s items, resources or premises does not grant the Supplier with any ownership rights or interests, and the Purchaser does not provide any warranty or representation in relation to same.
  • If the Supplier uses the Purchaser’s items, resources or premises, then the Supplier needs to take care to avoid loss or damage and inform the Purchaser if any occurs.
  • The Supplier is liable for any harm to people or property on the Purchaser’s premises, or loss or damage to the Purchaser’s items or resources. The Supplier’s liability extends to harm, loss or damaged caused by their Personnel.

Consequences of Delay

Clause 8 of SFC and
clause 9 of LFC

YYIn both the SFC and LFC, the Purchaser can terminate the contract immediately if the Supplier does not provide the eServices by a due date, and the delay persists after the relevant cure period.
NYIn the LFC only, the Purchaser may claim liquidated damages for the Supplier’s delay if set out in the Ordering Document.

Service Levels and Credits

Clause 10 of SFC and
clause 11 of LFC

YYIn both the SFC and LFC, the Supplier must meet and report on Service Levels.
NYIn the LFC only, the Purchaser may claim Service Credits for service level failures by the Supplier and require them to undertake root cause analysis and provide a remediation plan to the Purchaser.

Conflict of Interest and probity events

Clause 15 of SFC and
clause 16 of LFC

YYIn both the SFC and LFC, the Supplier is required to warrant that they do not have any conflicts of interest. The Supplier must also notify the Purchaser if they are subject to an actual, suspected or likely Probity Event or Probity Breach (which includes a Supplier’s conflict of interest, breach of the Supplier Code of Conduct, and a matter that brings the Purchaser into disrepute).
NYIn the LFC only, the Supplier must provide conflict of interest declarations if specified in the Requirements of the Ordering Document.

Use of Gen-AI

Clauses 19 and 23 of SFC and clauses 20 and 24 of LFC

YYThe Gen-AI provisions are the same in the SFC and the LFC. Under both contracts the Supplier must not provide or use Gen-AI unless the Ordering Document allows it or the Purchaser approves it in writing, must not use the Purchaser’s data to train Gen-AI without approval, and must notify and respond to AI Incidents. Human oversight obligations apply where the Ordering Document says they apply.

Business Continuity and Disaster Recovery

Clause 25 of LFC

NY

In the LFC only, the Supplier must maintain and comply with business continuity and disaster recovery plans in accordance with good industry practice, or as otherwise set out in the Requirements.

This includes testing the plans at least annually and providing evidence to the Purchaser of their testing if the Purchaser asks for this.

Indemnities

Clause 24 of SFC and clause 26 of LFC

!!

In both the SFC and LFC, the Supplier must indemnify the Purchaser against any losses or damages arising from an IP claim or breach of law.
In the LFC only, the Supplier must also indemnify the Purchaser against losses or damages arising from:

  • a breach of the Supplier’s warranties under the contract which results in a loss suffered by a third party;
  • a breach of the Supplier’s obligation of confidentiality;
  • a breach of the Supplier’s obligation relating to privacy or information security;
  • personal injury, death, or damage to tangible property caused or contributed by the Supplier; and
  • a third party claim in respect of the Supplier’s fraud, recklessness, or wilful misconduct.

Liability

Clause 25 of SFC and clause 27 of LFC

!!

In both the SFC and LFC, each party’s total liability is capped at the General Liability Cap set in the Ordering Document, and neither party is liable for Consequential Loss. Both contracts also allow an optional super liability cap for liability relating to privacy or information security.

Some liabilities are not capped under either contract, including death, personal injury, damage to tangible property, breach of confidentiality, fraud, recklessness or wilful misconduct, and the Supplier’s indemnities. Because the LFC contains a wider set of Supplier indemnities, the uncapped exception covers more ground under the LFC.

Contract Management

Clause 29.1 of LFC

NYIn the LFC only, the Supplier must provide the Purchaser with the reports and attend the meetings specified in the Requirements, comply with the Purchaser’s reasonable directions and provide the Purchaser with information required to supervise or review the Deliverables and Services.

Archival requirements

Clause 29.5 of LFC

NYIn the LFC only, the Supplier must comply with, and assist the Purchaser to comply with, applicable State and Commonwealth legislation relating to archival requirements.

Transition Out

Clause 33 of LFC

NY

In the LFC only, the Supplier must provide transition out services as set out in the Requirements.

On termination or expiry, the Supplier must stop using the Purchaser’s data, confidential information and related materials. Under the LFC, that requirement does not apply to the extent the Supplier needs continued use to provide transition out services. The Supplier’s confidentiality obligations themselves continue to apply in full.

Updated

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