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eement 9 scription 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) Independent Contractors Agr position] [Independent Contractor's name] By:____________________ Its:____________________ [title or position] Independent Contractors Agreement 8 SCHEDULE · ITEM 1 SERVICES: Set out a brief dehe day and year first written above. The parties hereto agree that facsimile signatures shall be as effective as if originals. [Company name] By:____________________ Its:____________________ [title orthe event of inconsistency between Special Conditions and the provisions of this agreement, the Special Conditions will prevail. IN WITNESS WHEREOF the undersigned have executed this Agreement as of te Company into or with any other entity. 21. SPECIAL CONDITIONS Independent Contractors Agreement 7 This Agreement is subject to Special Conditions (if any) as set out in Item 4 of the Schedule. In iver of its right at any later time to insist on performance of that or any other provision of the Agreement. (f) No merger. This Agreement shall not be terminated by the merger or consolidation of th 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 of this Agreement is not a wagn 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 provision of this Agreement will 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) Assignment. A Party will not assiboth 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 annexure is an entire document 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 necessary disbursements incurred ng. 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. ATTORNEYS FEES AND COSTS If any actionen notice in accordance with this paragraph. Notices delivered personally shall be deemed communicated as of actual receipt; mailed notices shall be deemed communicated as of five (5) days after mailireturn 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 change their address by writts 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 certified, postage pre-paid with 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 and conditions set forth in thixpenses 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 which is caused or occasioned e, and all related records. Independent Contractors Agreement 6 17. INDEMNIFICATION The Independent Contractor shall defend, indemnify, hold harmless and insure the Company from any and all damages ehe other party to them, including but not limited to, proprietary information, customer lists, trade secrets, intellectual property, computers, equipments, tools, documents, plans, recordings, softwarrmination 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 care and control, belonging to tes 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 Agreement. 16. RETURN OF PROPERTY On tetner 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 of its affiliates or subsidiaririod of two years following termination f this Agreement, the Independent Contractor shall not, directly or indirectly, through services to any partnership of which the Independent Contractor is a parination of this Agreement, either directly or indirectly, recruit any of the Company's employees or other independent contractors, for the purpose of any outside business. 15. NON-COMPETITION For a pethe 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 years immediately following term 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 for their own benefit, or for 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 attempt to call on, solicit or the Parties and the Commercial Arbitration Act 1984 (NT) applies to the determination except to the extent otherwise agreed by the Parties. 13. NON-SOLICITATION The Independent Contractor shall not, and failing Agreement, appointed by the President of the Institute of Arbitrators and Mediators Australia (Northern Territory Division). (c) Any determination made under the above clause is binding onith 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 for that purpose by the Parties y hear appeals from those courts. Independent Contractors Agreement 5 12. DISPUTE RESOLUTION (a) In the event of any dispute ("Dispute") under this agreement the parties agree to negotiate in good faERNING LAW This Agreement is governed by the laws of the Northern Territory, Australia. The Parties submit to the exclusive jurisdiction of the courts of the Northern Territory and any courts which ma2002(NT). (d) The term "Privacy Act/s" used above means the Information Act 2002(NT). (e) The obligations of this Clause 10 are continuing and shall not cease on termination of this Agreement. 11. GOV, used, disclosed or transferred by the Contractor in connection with this Agreement. (c) The expression "personal information" used above means personal information as defined in the Information Act nal information held by the Company which the Independent Contractor becomes aware of or has access to in connection with this Agreement and any personal or health information collected, held, managedThe Independent Contractor agrees to comply with the Privacy Act/s, any approved Privacy Codes and with the Company's Privacy Policy and Guidelines as amended from time to time in respect of any persoactor for the purposes of this Agreement; iii. all information created as a result of this Agreement; and agrees not to disclose such information without the prior written approval of the Company (b) its employees, agents and contractors keep confidential: i. all confidential information expressed by the Company ("Confidential Information") ii. all information provided by the Company to the Contrstated above could result in the termination of this agreement in accordance with clause 1 (b). 10. CONFIDENTIALITY AND PRIVACY (a) The Independent Contractor covenants to keep confidential and ensure is taken to preserve the safety of the Independent Contractor and the safety of others. · The Independent Contractor understands that a breach of any of the Company statutes, regulations or policies Independent Contractor must abide by safety procedures and obligations to ensure: · that any incidents, hazards, unsafe areas or practices are promptly reported to the Company ; and · reasonable carelished policies and procedures in relation to any copyright material to be used (if any) in relation to the Services. (c) Environment, Health and Safety i. While operating at the Company premises, the copyright law there are requirements relating to the use of copyright material for literary, educational, training and other purposes. ii. The Independent Contractor agrees to comply with these estabAgreement 4 engage in any behavior or action that is discriminatory, intimidating or any form of unacceptable behaviour which might lead to a complaint of any kind. (b) Copyright i. Under Australianl Opportunity Policy i. The Independent Contractor agrees to observe principles of equity and fairness, when dealing with staff, and other members of the Company and will not Independent Contractors insurance upon request. 9. COMPLIANCE WITH COMPANY POLICIES The Independent Contractor must comply with the following Company statutes, regulations and policies when performing the Services. (a) Equandependent Contractor decides to obtain separate insurance policies rather than be covered in accordance with Clause 8.1, the Independent Contractor must provide the Company with written proof of suchder the Occupational Health and Safety Act 2004 (Vic) sustained by the Independent Contractor in performing the Services will be covered by the Company 's insurance provisions. In the event that the Iose of this agreement: (a) the Company 's public liability and professional indemnity insurances will cover the Contractor's performance of the Services; and (b) any work related injury (as defined ununder this agreement to the amount of ______________ dollars ($_____________) and must provide written proof of maintenance of such insurance to the Company on request. Alternatively: 8.1 For the purpof maintenance of such insurance to the Company on request. (c) The Independent Contractor agrees to take out and maintain Professional Indemnity Insurance to cover the performance of its obligations ke out and maintain Public Liability Insurance to cover the performance of its obligations under this agreement to the amount of ______________ dollars ($_____________) and must provide written proof its employees, agents or contractors except to the extent to which such claims, demands, charges or expenses are caused by or contributed to by the Company. (b) The Independent Contractor agrees to tathe Company as a result of any breach by the Independent Contractor, its employees, agents or contractors, of this Agreement or any negligent or willful act or omission by the Independent Contractor, not infringe third party intellectual property rights. 8. INSURANCE (a) The Independent Contractor indemnifies the Company against all claims, demands, charges or expenses made against or incurred by the purposes of this agreement. Independent Contractors Agreement 3 (d) The Independent Contractor warrants that any Materials provided for the purposes of this Agreement and used by the Company do round 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 for 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 Backgd 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 usedinformation, 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 any 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, ctor 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 applther 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 Contraknowledge 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 academic t. 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 correc 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 portioany 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 Contractorby 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 Compthe Fee until it is reasonably satisfied that the Independent Contractor has performed the Services in accordance with this agreement. Independent Contractors Agreement 2 (e) Payments will be made 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 pay n 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 travelrom 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 consideratioall 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 work fof 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 shuth 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 Soo 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 payments er 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 entitled tContractor 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 oth 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 Independent greement ii. is in breach of any applicable Company statute, regulation or policy; or iii. displays insufficient skill, professionalism and expertise to carry the work to the standard required by the 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 ; 1 Independent Contractors Aeither 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 Contractor: 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 to n 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 thependent 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, THEREFORE, iSchedule 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 Indelocated 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 ________________________________________________ nd existing under the Corporations Act 2001 (Cth), with its head office in the Northern Territory, located at _________________________ ___________________________________________________________ (the AGREEMENT THIS AGREEMENT (the "Agreement") is executed on _____day of 20__ (the "Effective Date") BETWEEN: ___________________________________________________(the "Company"), a company organised a NEGLIGENCE 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 CONTRACTORUREMENT 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 THE 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, PROCTABILITY, 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)lient / 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 MERCHANce. 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-Cbe subject 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 adviomatically 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 not 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 auto apply 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 cances 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 tdes 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 servim the 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 provi whether: · · 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 perforect 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 areendent 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 dires not 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 Indeprol 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 · dondent 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 contr provide 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 indepeINDEPENDENT CONTRACTOR AGREEMENT Northern Territory GENERAL DESCRIPTION: An independent contractor is an entity such as an individual, partnership, trust or company that agrees to produce something o