All taxes, duties and charges imposed or levied in Australia or overseas in connection with the performance of this agreement will be borne by the supplier.
SAP SuccessFactors Cloud Services Agreement Contract
Range of products and services
SuccessFactors cloud service product bundle covering:
- Employee Central
- performance and goals
- succession and career development planning
- JAM Advanced
- workforce analytics
- workforce planning
- preferred success (support).
Additional SuccessFactors optional products:
- SAP consulting/professional services.
SuccessFactors is used for permanent employees. If you are employing contingent labour for temporary positions, see the Contingent Workforce Scheme.
Key contract details
The whole-of-government SuccessFactors agreement with SAP means:
- a pre-negotiated template SuccessFactors Customer Contract to make procurement easier
- discounted prices agreed for the entire contract term
- prices are fixed for the first 5 year term, with renewals subject to annual CPI increases
- initial bundle prices include production instance and test instances
- prices have been agreed on condition that there is an overall minimum number of users for the SuccessFactors bundle across all NSW Government users
- an individual agency can still decide not to renew or extend their customer contract on expiry of the term and any renewal term
- all customer contracts must be co-termed with the Head agreement, so they expire at the same time
- agencies are responsible for monitoring their use of SuccessFactors. Overage and transfer of cloud subscriptions between NSW Government agencies is available subject to conditions as outlined in the SuccessFactors customer contract.
- detailed offshoring arrangements have been agreed. Agencies will need to review these to assess whether SuccessFactors is suitable for their requirements.
- Sets up a standard Human capital management (HCM) products and services bundle.
- Maximum prices have been agreed.
- A pre-approved, pre-filled template has been agreed with SAP which includes Procure IT v.3.2 and other variations.
Eligibility to use contract
NSW Government customers including:
- NSW Government sector agencies
- NSW Government agencies
- statutory public authorities
- public authorities that exercise public functions
- prescribed NSW State owned corporations.
Complaints and disputes
If case of a dispute, both the buyer and the supplier must use their best efforts to resolve it.
The buyer should speak to the supplier's customer service representative first. If they can't solve the matter together, the buyer should then contact NSW Procurement.
If the dispute cannot be resolved by mutual agreement of both parties in consultation with NSW Procurement, it will be referred for expert determination. This more formal process will need a higher level of detailed documentation, correspondence and records.
SAP Australia Pty Ltd, or its approved agents (conditions apply under the terms and conditions of the agreement).
Code of behaviour
The supplier must, in carrying out this agreement, comply with the codes, policies and guidelines and standards listed in the contract, which includes the Code of Behaviour for the Protection of Children and other Vulnerable People.
The supplier must ensure that all persons working on the site or sites under the contract; including but not limited to the supplier’s employees and managers, consultants and sub-contractors, understand and comply with the requirements shown below:
- All supplier employees must gain permission to enter the school or facility before commencing work and they may only enter approved areas. The supplier’s representative, or where a sub-contractor is working without the supervision of the supplier, the sub- contractor’s representative, must report their presence to the person in charge of the school or facility on arrival each day and record, in the site visit log, the details of all of the supplier’s or sub- contractor’s employees working at the site or sites that day.
- Supplier employees should avoid talking with, touching or interacting with any children or residents or other users of the school or facility, except where the work requires it, or in an emergency or safety situation.
- Supplier employees must only use approved toilets and other facilities, unless the person in charge of the school or facility gives written authority to use alternative arrangements.
- The work area must not be able to be used or accessed by children, or residents or other users of the school or facility while work is in progress. Clear signs and barricades (where appropriate) must be used to prevent any inadvertent or unauthorised access.
- Appropriate privacy must be maintained when working on toilets and similar facilities. Supplier Employees must ensure that toilets and similar facilities are not occupied or in use by children, residents or other users before entering to perform work, and that work does not continue when use of the facilities is required.
- Where practicable male employees should perform work on male facilities and female employees on female facilities.
- Supplier employees must wear clothing that is tidy and in good condition, including a shirt, shorts or trousers or skirts at all times.
- Supplier employees should report any concerns about children’s behaviour or child abuse to the person in charge of the school or facility.
- Supplier employees must wear or carry an identity card at all times when on the site or sites.
SAP will provide catalogues of the products available for supply under the contract upon request. These are free of charge to clients on a reasonable request basis.
Prices set in the agreement are valid for the term. Prices fixed for first 5 years with annual CPI increases subject to conditions for any renewal term.
GST applies to all products under this contract.
Agencies wishing to purchase SAP SuccessFactors products and services will need to complete and sign the SAP SuccessFactors customer contract including general order form and Module 10 order form.
Contact the NSW Procurement Service Centre for a copy of the pre-filled template SAP SuccessFactors customer contract.
Agencies should also conduct their own appropriate risk assessment before deciding whether SuccessFactors is appropriate for their requirements and before agreeing to SAP’s offshoring arrangements.
Government taxes and charges
Third party purchasing
Eligible customers can require a nominee purchaser to enter into a customer contract on its behalf, provided that the nominee purchaser:
- Provides its current registration number as given by the contract authority.
- Provides its nominating eligible customer’s Australian Business Number.
- Provides the contractor with the written authorisation from the eligible customer that confirms the nominee purchaser’s rights to purchase products and/or services as agent for the eligible customer.