Independent Contractor Agreement (South Australia)

8 Reviews

Independent Contractor Agreement for use in South Australia

For Immediate Download

$25.95 AUD Add to Cart
60-Day Money Back Guarantee
Please select a state

File types included

  • Microsoft Word
  • Adobe PDF
  • WordPerfect
  • Rich Text Format

Compatible with

  • Windows
  • Mac OS X
  • Linux

For Immediate Download

$25.95 AUD Add to Cart
60-Day Money Back Guarantee
Please select a state

Lawyer prepared

Our forms are kept up-to-date and accurate by our lawyers

Unlike other sites, every document on FindLegalForms.com is prepared by a lawyer, so you can be sure that you are getting a form that is accurate and valid in Australia.

Verified in Australia

Our forms are guaranteed
to be valid in Australia

Our team works tirelessly to keep our products current. As the laws change in Australia, so do our forms.

Over 3,500,000
satisfied customers

In over 10 years of creating and selling legal forms, our focus has never changed: providing our customers high quality legal products, low prices and an experience that takes some confusion out of the law.

60-Days Money Back

Try our forms with no risk

If you are unhappy with your form purchase for any reason at all, contact us within 60 days and we will refund 100% of your money back.
An independent contractor is an entity such as an individual, partnership, trust or company that agrees to produce something or provide a service for an agreed price. Companies that hire independent contractors cannot have a contractual relationship of that of an employer-employee.

An independent contractor agreement is an agreement between a company and an independent contractor (not an employee) that provides the terms and conditions by which the independent contractor will provide services to the company. This Australian Independent Contractor Agreement serves a number of beneficial purposes: (1) It provides the independent contractor with the basic conditions, project parameters and terms of payment for his/her service to the company; (2) It can also protect the company by, among other things, clarifying the company’s expectations for the independent contractor, reaffirming that an employer/employee relationship is not created and laying out reasons for termination of the relationship.

This attorney-prepared independent contractor agreement packet contains:
  1. Independent Contractor Agreement General Description
  2. Independent Contractor Agreement Instructions
  3. Independent Contractor Agreement for use in South Australia
Law Compliance: This form complies with the laws of South Australia.
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
INDEPENDENT CONTRACTOR AGREEMENT
South Australia

 

 

THIS AGREEMENT (the “Agreement”) is executed on _____day of 20__ (the “Effective Date”)
 
 
BETWEEN:    ___________________________________________________(the “Company”), a company organised and existing under the Corporations Act 2001 (Cth) , with its head office located at _________________________
AND:                           ___________________________________________________________ (the “Independent Contractor”) an Individual operating under an Australian
Business Number (ABN), ________________________________________
in the State of ________________________________________________ located at   ___________________________________________________
 
RECITALS
A.    The Independent Contractor is engaged in services to _________________(the “Services”) as set forth in Item 1 of the 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 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, THEREFORE, 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 the 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 months notice to 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 Contractor:
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 applicable Company  statute, regulation or policy; or
iii.    displays insufficient skill, professionalism and expertise to carry the work to the standard required by the Company .
 
2.    STATUS OF INDEPENDENT CONTRACTOR
The parties acknowledge that in the Services, the Independent Contractor acts as an independent Contractor as governed by the Independent 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 other 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 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 payments 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 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 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 shall 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 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 consideration 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 Contractors travel 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 the Fee until it is reasonably satisfied that the Independent Contractor has performed the Services in accordance with this agreement.
(e)    Payments will be made by electronic funds transfer to the Contractors nominated bank account within __[Mention number] days on the production of an invoice.
 
5.    TAXATION
 
(a)    The Independent Contractor must provide the Company  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 Contractor 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 portion 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 correct. 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 incorrect information.
 
6.    INDEPENDENT CONTRACTORS OBLIGATIONS
 
The Independent Contractor agrees to:
(a)    perform the Services with all due care, skill, expertise and the level of professional or academic 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 other 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 Contractor 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 apply 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, 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 and 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 used 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 Background 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 the purposes of this agreement.
(d)    The Independent Contractor warrants that any Materials provided for the purposes of this Agreement and used by the Company do 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 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, 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 take out and maintain Public Liability Insurance to cover the performance of its obligations under this agreement to the amount of ______________ dollars ($_____________) and must provide written proof of maintenance of such insurance to the Company on request.
(c)    The Independent Contractor agrees to take out and maintain Professional Indemnity Insurance to cover the performance of its obligations under this agreement to the amount of ______________ dollars ($_____________) and must provide written proof of maintenance of such insurance to the Company on request.
Alternatively:
 
8.1 For the purpose of this agreement:
 
(a)    the Company s public liability and professional indemnity insurances will cover the Contractors performance of the Services; and
(b)    any work related injury (as defined under the Occupational Health and Safety Act 1989 (ACT) sustained by the Independent Contractor 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 in 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 must comply with the following Company statutes, regulations and policies when performing the Services.
 
(a)    Equal 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 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 Australian 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 established 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 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 care 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 stated 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 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 Contractor 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)    The Independent Contractor agrees to comply with the Privacy Acts, any approved Privacy Codes and with the Companys 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 of 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.
(c)     The expression "personal or health information" used above means personal information as defined in the Privacy Act 1988 (Cth) or health information as defined in the Health Records (Privacy and Access) Act 1997.
(d)    The term “Privacy Acts” used above means the Privacy Act 1988 (Cth) and the Health Records (Privacy and Access) Act 1997.
(e)    The obligations of this Clause 10 are continuing and shall not cease on termination of this Agreement.
 
 
11.    GOVERNING LAW
 
(a) This agreement is governed in accordance with the laws of the South Australia, Australia. The Parties submit to the exclusive jurisdiction of the courts of South Australia and any courts that may hear appeals from those courts.
 
 
12.    DISPUTE RESOLUTION
 
(a)    In the event of any dispute (“Dispute”) under this agreement the parties 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 for that purpose by the Parties and failing Agreement, appointed by the President of the Institute of Arbitrators and Mediators Australia (South Australia Division).
(c)    Any determination made under the above clause is binding on the Parties and the Commercial Arbitration Act 1986 (ACT)applies to the determination except to the extent otherwise agreed by the Parties.
 
13.    NON-SOLICITATION
The Independent 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 attempt 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 for 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 years immediately following termination of this Agreement, either directly or indirectly, recruit any of the Companys employees or other independent contractors, for the purpose of any outside business.
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 Independent 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 of 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 Agreement.
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 care and control, belonging to the other party to them, including but not limited to, proprietary information, customer lists, trade secrets, intellectual property, computers, equipments, tools, documents, plans, recordings, software, and all related records.
17.    INDEMNIFICATION
The Independent Contractor shall defend, indemnify, hold harmless and insure the Company from any and all damages expenses or liability, resulting from or arising out of any negligence or misconduct on the Independent Contractors part, or from any breach or default of this Agreement which 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 and 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 certified, 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 change 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 as 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.    ATTORNEYS 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 attorneys fees, costs and necessary 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 annexure 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)    Assignment. 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 provision 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 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.
(f)    No merger. This Agreement 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 in 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 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:____________________Its:____________________ [title or position]
 
[Independent Contractors name]
By:____________________Its:____________________ [title or position]
 
 
SCHEDULE
 
 
    ITEM 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)
 
 
 
 
 
 
 
Number of Pages12
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#32587
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
INDEPENDENT CONTRACTOR AGREEMENT
South Australia

 

 

THIS AGREEMENT (the “Agreement”) is executed on _____day of 20__ (the “Effective Date”)
 
 
BETWEEN:    ___________________________________________________(the “Company”), a company organised and existing under the Corporations Act 2001 (Cth) , with its head office located at _________________________
AND:                           ___________________________________________________________ (the “Independent Contractor”) an Individual operating under an Australian
Business Number (ABN), ________________________________________
in the State of ________________________________________________ located at   ___________________________________________________
 
RECITALS
A.    The Independent Contractor is engaged in services to _________________(the “Services”) as set forth in Item 1 of the 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 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, THEREFORE, 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 the 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 months notice to 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 Contractor:
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 applicable Company  statute, regulation or policy; or
iii.    displays insufficient skill, professionalism and expertise to carry the work to the standard required by the Company .
 
2.    STATUS OF INDEPENDENT CONTRACTOR
The parties acknowledge that in the Services, the Independent Contractor acts as an independent Contractor as governed by the Independent 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 other 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 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 payments 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 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 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 shall 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 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 consideration 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 Contractors travel 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 the Fee until it is reasonably satisfied that the Independent Contractor has performed the Services in accordance with this agreement.
(e)    Payments will be made by electronic funds transfer to the Contractors nominated bank account within __[Mention number] days on the production of an invoice.
 
5.    TAXATION
 
(a)    The Independent Contractor must provide the Company  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 Contractor 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 portion 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 correct. 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 incorrect information.
 
6.    INDEPENDENT CONTRACTORS OBLIGATIONS
 
The Independent Contractor agrees to:
(a)    perform the Services with all due care, skill, expertise and the level of professional or academic 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 other 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 Contractor 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 apply 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, 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 and 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 used 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 Background 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 the purposes of this agreement.
(d)    The Independent Contractor warrants that any Materials provided for the purposes of this Agreement and used by the Company do 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 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, 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 take out and maintain Public Liability Insurance to cover the performance of its obligations under this agreement to the amount of ______________ dollars ($_____________) and must provide written proof of maintenance of such insurance to the Company on request.
(c)    The Independent Contractor agrees to take out and maintain Professional Indemnity Insurance to cover the performance of its obligations under this agreement to the amount of ______________ dollars ($_____________) and must provide written proof of maintenance of such insurance to the Company on request.
Alternatively:
 
8.1 For the purpose of this agreement:
 
(a)    the Company s public liability and professional indemnity insurances will cover the Contractors performance of the Services; and
(b)    any work related injury (as defined under the Occupational Health and Safety Act 1989 (ACT) sustained by the Independent Contractor 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 in 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 must comply with the following Company statutes, regulations and policies when performing the Services.
 
(a)    Equal 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 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 Australian 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 established 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 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 care 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 stated 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 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 Contractor 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)    The Independent Contractor agrees to comply with the Privacy Acts, any approved Privacy Codes and with the Companys 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 of 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.
(c)     The expression "personal or health information" used above means personal information as defined in the Privacy Act 1988 (Cth) or health information as defined in the Health Records (Privacy and Access) Act 1997.
(d)    The term “Privacy Acts” used above means the Privacy Act 1988 (Cth) and the Health Records (Privacy and Access) Act 1997.
(e)    The obligations of this Clause 10 are continuing and shall not cease on termination of this Agreement.
 
 
11.    GOVERNING LAW
 
(a) This agreement is governed in accordance with the laws of the South Australia, Australia. The Parties submit to the exclusive jurisdiction of the courts of South Australia and any courts that may hear appeals from those courts.
 
 
12.    DISPUTE RESOLUTION
 
(a)    In the event of any dispute (“Dispute”) under this agreement the parties 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 for that purpose by the Parties and failing Agreement, appointed by the President of the Institute of Arbitrators and Mediators Australia (South Australia Division).
(c)    Any determination made under the above clause is binding on the Parties and the Commercial Arbitration Act 1986 (ACT)applies to the determination except to the extent otherwise agreed by the Parties.
 
13.    NON-SOLICITATION
The Independent 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 attempt 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 for 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 years immediately following termination of this Agreement, either directly or indirectly, recruit any of the Companys employees or other independent contractors, for the purpose of any outside business.
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 Independent 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 of 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 Agreement.
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 care and control, belonging to the other party to them, including but not limited to, proprietary information, customer lists, trade secrets, intellectual property, computers, equipments, tools, documents, plans, recordings, software, and all related records.
17.    INDEMNIFICATION
The Independent Contractor shall defend, indemnify, hold harmless and insure the Company from any and all damages expenses or liability, resulting from or arising out of any negligence or misconduct on the Independent Contractors part, or from any breach or default of this Agreement which 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 and 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 certified, 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 change 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 as 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.    ATTORNEYS 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 attorneys fees, costs and necessary 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 annexure 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)    Assignment. 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 provision 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 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.
(f)    No merger. This Agreement 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 in 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 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:____________________Its:____________________ [title or position]
 
[Independent Contractors name]
By:____________________Its:____________________ [title or position]
 
 
SCHEDULE
 
 
    ITEM 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)
 
 
 
 
 
 
 

Customer Reviews

Average Rating: Full Rating Star Full Rating Star Full Rating Star Full Rating Star Full Rating Star

Reviews: 8


Virginia Beach,

VA

Full Rating Star Full Rating Star Full Rating Star Full Rating Star Full Rating Star
It fit perfectly in our wheel house. It did exactly what we wanted it to do. Thank you


Bothell,

WA

Full Rating Star Full Rating Star Full Rating Star Full Rating Star Full Rating Star
I was under pressure to find a legal form ASAP and get it filled out. I had to get help from the support team to get the form sent to me, as my computer is old and I was having trouble downloading it. The service team was real resposive and helped me get the job done. Thank you greatly, YJ


Clawson,

MI

Full Rating Star Full Rating Star Full Rating Star Full Rating Star Full Rating Star
I found exactly what I needed, the price was great, and the service was excellent!


Eugene,

OR

Full Rating Star Full Rating Star Full Rating Star Full Rating Star Full Rating Star
Awesome sales contract! It was perfect for the type of business relationship I have as an independent sales rep. Thank you, Jeremy "Judge" Honor


Los Angeles,

CA

Full Rating Star Full Rating Star Full Rating Star Full Rating Star Full Rating Star
The document was very user and I'll use Find Legal Forms again in the future.


View More

Looking for something else?