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) Independent Contractor Agreement 9 1 SERVICES: Set out a brief description of the Services to be performed and where the Services are to be performed: · · · ITEM 2 TOTAL FEE: ITEM 3 PAYMENT SCHEDULE: ITEM 4 SPECIAL CONDITIONS (if any:____________________ [title or position] [Independent Contractor's name] By:____________________ Its:____________________ [title or position] Independent Contractor Agreement 8 SCHEDULE · ITEM executed this Agreement as of the day and year first written above. The parties hereto agree that facsimile signatures shall be as effective as if originals. [Company name] By:____________________ Itsin Item 4 of the Schedule. In the event of inconsistency between Special Conditions and the provisions of this agreement, the Special Conditions will prevail. IN WITNESS WHEREOF the undersigned have eement shall not be terminated by the merger or consolidation of the Company into or with any other entity. 21. SPECIAL CONDITIONS This Agreement is subject to Special Conditions (if any) as set out of this Agreement is not a waiver of its right at any later time to insist on performance of that or any other provision of the Agreement. Independent Contractor Agreement 7 (f) No merger. This Agrvision of this Agreement will be severable and all other provisions will remain in full force and effect. (e) Waiver. The failure of either party at any time to insist on performance of any provision gnment. A Party will not assign or transfer all or any of its rights or obligations under this Agreement without the prior written consent of the other Party. (d) Severance. Any illegal or invalid pronnexure is an entire document and supersedes any and all other Agreements, either oral or in writing, between the parties hereto. (b) Amendment. This Agreement may only be amended in writing. (c) Assissary disbursements incurred both before or after judgement in addition to any other relief to which such party may be entitled. 20. MISCELLENOUS (a) Entire agreement. This Agreement along with its a FEES AND COSTS If any action at law or in equity is necessary to enforce or interrupt the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and nece of five (5) days after mailing. The Independent Contractor agrees to keep the Company current as to their business and mailing addresses, as well as telephone, email and mobile numbers. 19. ATTORNEYSchange their address by written notice in accordance with this paragraph. Notices delivered personally shall be deemed communicated as of actual receipt; mailed notices shall be deemed communicated asified, postage pre-paid with return receipt requested. Mailed notices shall be addressed to the parties at the addresses appearing in the introductory paragraphs of this Agreement, but each party may d conditions set forth in this Agreement. 18. NOTICES Any notice to be given hereunder by any party to the other, may be affected either by personal delivery in writing, or by mail, registered or certhich is caused or occasioned by the acts of the Independent Contractor. The Independent Contractor shall insure that its employees and affiliates take all actions necessary to comply with the terms anny from any and all damages expenses or liability, resulting from or arising out of any negligence or misconduct on the Independent Contractor's part, or from any breach or default of this Agreement womputers, equipments, tools, documents, plans, recordings, software, and all related records. 17. INDEMNIFICATION The Independent Contractor shall defend, indemnify, hold harmless and insure the Compare and Independent Contractor Agreement 6 control, belonging to the other party to them, including but not limited to, proprietary information, customer lists, trade secrets, intellectual property, c. 16. RETURN OF PROPERTY On termination of this Agreement, or whenever requested by the parties, each party shall immediately deliver to the other party all property in its possession, or under its caf its affiliates or subsidiaries in Australia, in any activity in which the Company or its affiliates or subsidiaries may have been engaged within five years prior to the termination of this Agreementndependent Contractor is a partner or employee or through any corporation or other entity in which the Independent Contractor has any interest or by whom is employed, compete with the Company or any o. 15. NON-COMPETITION For a period of two years following termination f this Agreement, the Independent Contractor shall not, directly or indirectly, through services to any partnership of which the Iars immediately following termination of this Agreement, either directly or indirectly, recruit any of the Company's employees or other independent contractors, for the purpose of any outside businessfor their own benefit, or for the benefit of any other person, firm, corporation or organisation. 14. NON-RECRUIT The Independent Contractor shall not during this Agreement and for a period of five yeattempt to call on, solicit or take away, any of the customers or clients of the Company on whom the Independent Contractor called or became acquainted with during the terms of this Agreement, either pendent Contractor shall not, during the Agreement and for a period of two years immediately following termination of this Agreement, either directly or indirectly, call on, solicit, or take away, or he above clause is binding on the Parties and the Commercial Arbitration Act 1984 (NSW) applies to the determination except to the extent otherwise agreed by the Parties. 13. NON-SOLICITATION The Indefor that purpose by the Parties and failing Agreement, appointed by the President of the Institute of Arbitrators and Mediators Australia (New South Wales Division). (c) Any determination made under tes agree to negotiate in good faith to resolve the Dispute. (b) Any Dispute which cannot be settled under Clause 11.1 within a reasonable time must be referred for determination by a person appointed sdiction of the courts of the New South Wales and any courts which may hear appeals from those courts. 12. DISPUTE RESOLUTION (a) In the event of any dispute ("Dispute") under this agreement the parti Act 2002. 11. GOVERNING LAW Independent Contractor Agreement 5 a. This agreement is governed in accordance with the laws of the New South Wales, Australia. The Parties submit to the exclusive jurihe Health Records and Information Privacy Act 2002. (d) The term "Privacy Acts" used above means the Privacy and Personal Information Protection Act 1998 and the Health Records and Information Privacy. (c) The expression "personal or health information" used above means personal information as defined in the Privacy and Personal Information Protection Act 1998 or health information as defined in tf or has access to in connection with this Agreement and any personal or health information collected, held, managed, used, disclosed or transferred by the Contractor in connection with this Agreement and with the Company's Privacy Policy and Guidelines as amended from time to time in respect of any personal or health information held by the Company which the Independent Contractor becomes aware oreement; and agrees not to disclose such information without the prior written approval of the Company (b) The Independent Contractor agrees to comply with the Privacy Acts, any approved Privacy Codesressed by the Company ("Confidential Information") ii. all information provided by the Company to the Contractor for the purposes of this Agreement; iii. all information created as a result of this Ag). 10. CONFIDENTIALITY AND PRIVACY (a) The Independent Contractor covenants to keep confidential and ensure its employees, agents and contractors keep confidential: i. all confidential information expe Independent Contractor understands that a breach of any of the Company statutes, regulations or policies stated above could result in the termination of this agreement in accordance with clause 1 (b incidents, hazards, unsafe areas or practices are promptly reported to the Company ; and · reasonable care is taken to preserve the safety of the Independent Contractor and the safety of others. · Thelation to the Services. (c) Environment, Health and Safety i. While operating at the Company premises, the Independent Contractor must abide by safety procedures and obligations to ensure: · that any educational, training and other purposes. ii. The Independent Contractor agrees to comply with these established policies and procedures in relation to any copyright material to be used (if any) in rrm of unacceptable behaviour which might lead to a complaint of any kind. (b) Copyright i. Under Australian copyright law there are requirements relating to the use of copyright material for literary,ees to observe principles of equity and fairness, when dealing with staff, and other members of the Company and will not engage in any behavior or action that is discriminatory, intimidating or any fo comply with the following Company statutes, regulations and policies when performing the Services. (a) Equal Opportunity Policy Independent Contractor Agreement 4 i. The Independent Contractor agrn accordance with Clause 8.1, the Independent Contractor must provide the Company with written proof of such insurance upon request. 9. COMPLIANCE WITH COMPANY POLICIES The Independent Contractor mustr in performing the Services will be covered by the Company 's insurance provisions. In the event that the Independent Contractor decides to obtain separate insurance policies rather than be covered inces will cover the Contractor's performance of the Services; and (b) any work related injury (as defined under the Occupational Health and Safety Act 2004 (Vic) sustained by the Independent Contractode written proof of maintenance of such insurance to the Company on request. Alternatively: 8.1 For the purpose of this agreement: (a) the Company 's public liability and professional indemnity insuragrees to take out and maintain Professional Indemnity Insurance to cover the performance of its obligations under this agreement to the amount of ______________ dollars ($_____________) and must provinder this agreement to the amount of ______________ dollars ($_____________) and must provide written proof of maintenance of such insurance to the Company on request. (c) The Independent Contractor arges or expenses are caused by or contributed to by the Company. (b) The Independent Contractor agrees to take out and maintain Public Liability Insurance to cover the performance of its obligations ur contractors, of this Agreement or any negligent or willful act or omission by the Independent Contractor, its employees, agents or contractors except to the extent to which such claims, demands, charactor indemnifies the Company against all claims, demands, charges or expenses made against or incurred by the Company as a result of any breach by the Independent Contractor, its employees, agents onot infringe third party intellectual property rights. (e) The obligations of this Clause 10 are continuing and shall not cease on termination of this Agreement. 8. INSURANCE (a) The Independent Contr the purposes of this agreement. Independent Contractor Agreement 3 (d) The Independent Contractor warrants that any Materials provided for the purposes of this Agreement and used by the Company do ground IP for purposes related to performance of Services. (c) On expiration or earlier termination of this agreement, the Independent Contractor must deliver to the Company all Materials developed fod in the course of performing the Services set out in this agreement, the Independent Contractor agrees to grant the Company a non-exclusive, worldwide, irrevocable, perpetual licence to use such Backnd when they are created or produced. (b) For any intellectual property created by the Independent Contractor prior to this agreement ("Background IP") and which is incorporated into any Materials use information, teaching material or anything that would be subject to copyright or constitute intellectual property of whatsoever nature ("Materials") then these Materials are owned by the Company as aly to the Independent Contractor in relation to the Services. 7. OWNERSHIP AND INTELLECTUAL PROPERTY (a) If the Independent Contractor in performing the Services is required to create or produce data,actor and not as an employee of the Company. (e) The Independent Contractor agrees to comply with all Company statutes, regulations and policies, as well as any State and Federal legislation which appother person to perform any of its duties set out in this agreement without the prior written approval of the Company . (d) The Independent Contractor will provide the Services as an Independent Contr knowledge that would reasonably be expected in the circumstances; (b) comply with the reasonable instructions and directions as may be given by the Company from time to time; and (c) not appoint any orrect information. 6. INDEPENDENT CONTRACTOR'S OBLIGATIONS The Independent Contractor agrees to: (a) perform the Services with all due care, skill, expertise and the level of professional or academicct. In the event that the information provided by the Independent Contractor is incorrect, the Independent Contractor indemnifies the Company from any loss, liability or expense incurred from this incon of the Fee to the ATO prescribed under the Taxation Administration Act 1953 (Cth). (c) The Independent Contractor warrants that the information provided to the Company relating to taxation is correr fails to provide the information required under Clause 5(a) the Independent Contractor acknowledges that the Company may be required under the Income Tax Assessment Act 1997 (Cth) to provide a portipany with: i. a valid Australian Business Number ("ABN"); or ii. a completed Australian Tax Office ("ATO") declaration form relating to reasons for not quoting an ABN. (b) If the Independent Contracto by electronic funds transfer to the Contractor's nominated bank account within __[Mention number] days on the production of an invoice. 5. TAXATION (a) The Independent Contractor must provide the Comy the Fee until it is reasonably satisfied that the Independent Contractor has performed the Services in accordance with this agreement. Independent Contractor Agreement 2 (e) Payments will be madeel and accommodation costs (if any). (c) The Company will pay the Independent Contractor in accordance with the Payment Schedule set out in Item 3 of the Schedule. (d) The Company is not obliged to paion of the Services in which the Independent Contractor submits the relevant tax invoice subject to the following sub-clause. (b) The Fee is [inclusive /exclusive] of the Independent Contractor's trav from time to time, in consultation with the Independent Contractor. 4. FEES AND PAYMENT (a) The Company will pay the Independent Contractor the Fee specified in Item 2 of the Schedule in consideratshall perform the Services as set forth in Item 1 of the Schedule, which is attached to this Agreement and made part of it. Company has the sole discretion to change to tasks, duties and scope of works of Australia and South Australia with respect to its provision of the care services. 3. TASKS, DUTIES AND SCOPE OF WORK Both parties agree that, pursuant to this Agreement, Independent Contractor South Australia; iii. solely responsible for providing superannuation, sickness benefits and WorkCover in respect of its employees; iv. solely responsible for ensuring compliance with all relevant laws in relation to any taxes such as, but not limited to, income tax, PAYGWT, pay-roll tax, sales tax or any other payments imposed on an employer in respect of employees under the law of Australia and to payment of salary, holiday pay, sick pay, severance pay, long service leave or any other entitlement which an employee has in respect of his or her employer; ii. solely responsible for all paymentther than as expressly contemplated by this Agreement As a consequence of the independent contractor relationship, the Independent Contractor agrees that the Independent Contractor is: i. not entitledt Contractor Act, 2006 (Cth) and not as an employee, partner or agent of the Company and the Independent Contractor shall have no authority to act for or to bind the Company in any manner whatsoever ohe Company . 2. STATUS OF INDEPENDENT CONTRACTOR The parties acknowledge that in providing the care service the Independent Contractor acts as an independent Contractor as governed by the Independenpplicable Company statute, regulation or policy; or 1 Independent Contractor Agreement iii. displays insufficient skill, professionalism and expertise to carry the work to the standard required by tor: i. is in breach of any provision set out in this agreement and fails to take reasonable steps to remedy the breach within a reasonable time as determined by the Company ; ii. is in breach of any ato either party of the desire to terminate the Agreement and continuation of working together until such time. (b) The Company may otherwise terminate this agreement by written notice, if the Contractthe Effective Date, and shall continue until writing in notice by either party is given, indicating their attention to terminate such Agreement. The writing must allow for at least one month's notice , in consideration of the above recitals and mutual promises and conditions contained in this Agreement, the Parties agree as follows: 1. TERM AND TERMINATION (a) This Agreement shall be effective on Independent Contractor desires to enter into this Agreement and perform as an independent contractor for the Company and is willing to do so on the terms and conditions set forth below. NOW, THEREFOREthe Schedule attached. B. The Company desires to engage and contract for the Services of the Independent Contractor to perform certain tasks as set forth below in Item 1 of the Schedule attached. The ___ located at ___________________________________________________ AND: RECITALS A. The Independent Contractor is engaged in services to _________________( the "Services") as set forth in Item 1 of (the "Independent Contractor") an Individual operating under an Australian Business Number (ABN), ________________________________________ in the State of _____________________________________________existing under the Corporations Act 2001 (Cth) , with its head office in the State of New South Wales, located at _________________________ ___________________________________________________________ REEMENT THIS AGREEMENT (the "Agreement") is executed on _____day of 20__ (the "Effective Date") BETWEEN: ___________________________________________________(the "Company"), a company organised and GLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THESE MATERIALS. The use of these materials is subject to the "Terms and Conditions" found at findlegalforms.com. INDEPENDENT CONTRACTOR AGMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER USED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEE PROVIDERS, AUTHORS OR PUBLISHERS OF ITS MATERIALS, BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREILITY, SUITABILITY OR COMPLETENESS FOR ANY OF THE MATERIALS FOR YOUR PARTICULAR NEEDS. THE MATERIALS ARE USED AT YOUR OWN RISK. IN NO EVENT WILL: I) FLF, ITS AGENTS, PARTNERS, OR AFFILIATES; OR II) THnt / Solicitor-Client relationship is created by use of these materials. THESE MATERIALS ARE PROVIDED "AS-IS" and "WITHOUT LIABILITY." FLF DOES NOT GIVE ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTAB The use of these materials is not a substitute for legal advice. Only a lawyer/solicitor can provide legal advice. A lawyer/solicitor should be consulted for all serious legal matters. No Lawyer-Cliesubject to: · · penalties up to 100% of what should have been withheld prosecution in appropriate cases. DISCLAIMER: FindLegalForms, Inc. ("FLF") is not a law firm and does not provide legal advice.tically mean the worker is a contractor. Companies still need to consider the nature of Companies' agreement with the worker. Note: Employers who do not comply with their PAYGW tax obligations may be claim some tax deductions. Those operating through a company, partnership or trust may also have PAYG withholding obligations. If a worker has an Australian business number (ABN) this does not automapply for an ABN and register for goods and services tax (GST). Contractors who come under the contractor tax rules must include their personal services income in their individual tax return and cannot by an independent contractor in some cases. Most independent contractors provide for their tax obligations through the PAYG instalments system. Contractors should also consider whether they need to a their work or services for a client of Companies' under a labour hire arrangement, or has not quoted their ABN to Companies . Superannuation guarantee laws may apply to payments for work or serviceshe work. If a worker is an independent contractor, Companies are required to withhold an amount from payments to them only where the contractor: · · · has entered into a voluntary agreement providesether: · · the worker is being paid for the time worked by them personally, or whether the worker is being paid to achieve a result where they are able to subcontract or engage employees to perform t how, when, where and who is to perform the work, the worker is likely to be an employee. These directions may be oral or in writing, or simply understood between the parties. Other key factors are whent Contractors Act 2006 (Cth). INSTRUCTIONS: A key factor in deciding if a worker is an employee is the degree of control that can be exercised over the worker. If Companies have the right to directnot receive paid leave (for example, sick, annual or recreation, or long service leave) In Australia, Independent Contractor Agreements (also known consultant's agreement) is governed by the Independ the course and the ways of performing the work · accepts the commercial risk and responsibility for poor workmanship or injury sustained performing the work · is free to accept or refuse work · does nt contractor: · is paid for results achieved · provides all or most of the necessary materials and equipment to complete the work · is free to delegate work to other entities · has freedom to controlrovide a service for an agreed price. Companies that hire independent contractors cannot have a contractual relationship of that of an employeremployee. In most cases, unlike an employee, an independeINDEPENDENT CONTRACTOR AGREEMENT New South Wales GENERAL DESCRIPTION: An independent contractor is an entity such as an individual, partnership, trust or company that agrees to produce something or p