CONTRACTOR’S AGREEMENT€¦ · Day 4 Worked 11 hrs Charged 10 hrs Paid 10 hrs Day 5 Worked 8.5...

CONTRACTOR’S AGREEMENT

This Contractor’s Agreement is the legal agreement that defines the relationship between

AURORA MARKETING and

for engagement as an independent contractor.

1 Aurora Marketing Contractor’s Agreement_v1 © Copyright 2018

Aurora Marketing is a marketing and communications consulting company that provides specialist services to companies to assist them in business development and tendering. Our fields of expertise include competitive strategy, project management, writing, production and graphic design. We provide support to clients through live pursuits, process improvement projects, and training and development programs. Further information about us, including key contact information, is provided on page 2.

The Contractor is a person or organisation that wants to work with Aurora Marketing, either by providing services to support our team in our own endeavours, or by providing services as part of our client services team. In this agreement, the Contractor is you, as defined on page 2.

This Contractor’s Agreement is the legal agreement that defines the relationship between us for your engagement as an independent contractor.

Accepting this agreement means you accept these terms and conditions. By default, accepting an engagement with us will also mean you have accepted these terms and conditions.

RELATIONSHIP

CONTRACTOR (YOU)OUR SUPPLIER

AURORA MARKETING (US)YOUR CLIENT

THE CLIENT OUR CLIENT


Aurora Marketing Company name: ABN / ACN:Primary contact name:Primary contact title:Street address:Phone number:Email address:

Aurora Marketing Pty Ltd as trustee for The Aurora Marketing Trust ACN 125 959 168Leann Webb Managing Director Suite 403, 303 Adelaide Street, Brisbane Queensland 40001300 976 312 [email protected]

The Contractor

Company or business name (if applicable): ABN / ACN:Primary contact name:Primary contact title:Street address:Phone number: Email address:

Registered for GST: (please write yes or no)

Contractor’s skills: (please list relevant skills)

Nominated hourly rate exclusive of GST: Note: Your remuneration is confidential and must not be disclosed to anyone, particularly to clients and other contractors.

$

I have employees or sub-contractors who I may delegate work to, pending approval from Aurora Marketing. See page 8 for further information. (please write yes or no)

I would like to maximise my engagements beyond 90 days per financial year. See page 8 for further information. (please write yes or no)

Do you intend to work exclusively with Aurora Marketing? See page 12 for further information. (please write yes or no)

Today’s date:

INDEPENDENT CONTRACTOR

REPRESENT AURORA MARKETING AS PART OF OUR EXPERT SERVICE DELIVERY TEAM

ABLE TO DELEGATE TO APPROPRIATELY QUALIFIED AND PRE-APPROVED SUB-CONTRACTORS

PARTNERSHIP

EMPLOYEE

JOINT VENTURE

PRINCIPAL AND AGENT

NO AUTHORITY TO BIND AURORA

Contractor’s signature


Working with Aurora Marketing means presenting as part of a professional, cohesive team. By accepting this agreement, you agree to uphold our values and act in accordance with our behaviours, as shown (right).

JOINING THE TEAM PASSIONATERELIABLE QUALITY PERSISTENT TENACIOUS

On time means on time.

We deliver what we promise.

You can count on us.

Our work is the best that can be done.

100%.If there is room for improvement, we

improve it before it goes out.

We lift others up. We bring energy, enthusiasm and

passion.

We finish what we start. We don’t let

up. We summit Kilimanjaro one step

at a time; one foot after the other.

We get things done. We push as hard

as necessary to get things over the line.

We are an unstoppable force.

COMMUNICATE TO HEAD OFFICE

& TO THE TEAM.

SPREAD THE WORD RECOGNISE &

CELEBRATE EXCELLENCE & HARDWORK.

SHARE THE LOVEADD VALUE EVERY DAY.

MAKE A DIFFERENCETAKE IT TO THE NEXT

LEVEL. ONLY THE BEST WILL DO. FIND WAYS

TO LEARN & IMPROVE.

BE EXCEPTIONALBRING ENERGY,

ENTHUSIASM & PASSION.

LOVE WHAT YOU DO

ONE CHIEF, ONE UNITED & COHESIVE TEAM.

FOLLOW THE LEADER

ALL FOR ONE & ONE FOR ALL.

JOIN THE TRIBE

WE LOVE OUR CLIENTS & WE’RE THE JEALOUS TYPE. DON’T BE THAT PERSON.

RESPECT OUR RELATIONSHIPS

DON’T FORGET WHO IS YOUR CLIENT.

LOVE US TENDER

BE FLEXIBLE. BE EASY TO DEAL WITH. SAY ‘YES’. GET IT DONE. BE A DO-ER.

BE A ‘CAN DO’ PERSON

NON-NEGOTIABLES


CURRICULUM VITAE

Provide a current CV including qualifications and accreditations, client and project experience, and a summary of skills and capabilities (and keep us updated as your details change over time)

Provide an appropriate professional profile

Include appropriate reference to us in your online profiles such as on LinkedIn

Attend business development meetings and / or networking events on our behalf, if appropriate and if requested (costs will be covered), and

Thoroughly prepare for any engagement, including doing a reasonable amount of preliminary research and reading.

Use your @auroramarketing.com.au email for all emails to the client and team

Provide regular updates on your availability

Provide appropriate professional photographs

We will be responsible for marketing, business development, account management and engagement management, but we may need cooperation and assistance from you. We might ask you to:


THERE IS NO GUARANTEE OF WORKWe cannot guarantee any particular type of work, any particular volume of work, or any particular timing of work.

ABIDE BY OUR POLICIES and use our administration systems and processes

REPORT TO US ON A WEEKLY BASIS or as frequently as we may otherwise request

BE COMPLIANT with all directions or procedures which apply at the work site

When appropriate opportunities arise, we will contact you to check your interest, availability and suitability for a specific engagement. If you accept an engagement, you must be exclusive to us on that engagement and not undertake any other projects that may cause a conflict.

Once an engagement is agreed, we will provide you with an engagement pack, as described at right. On each engagement, you will:

ENGAGEMENTS

OUR ENGAGEMENT PACK WILL INCLUDE RELEVANT INFORMATION ABOUT THE ENGAGEMENT, SUCH AS:

Project details (for example, organisation name of the purchasing entity, project name and value)

Client details (for example, organisation name, primary contact and address details)

Services to be delivered (for example, workshop facilitation, project management or writing services)

Total approved scope (for example, 50 hours)Timing (for example, commencing Monday for 5 days)Remuneration* (for example, a fixed fee

or a time costing arrangement), and Team details (for example, who else you will be working

with and in what reporting structure).* Please also see the next section on Remuneration

NOTE 1: Our highest priority is ensuring that our clients are delighted with the service delivered.

We understand that sometimes things go wrong. If a client complains or expresses concern about your work, you will need to help us resolve the problem, address their concerns and repair any damage to our reputation. This may involve conducting re-work at no further charge, waiving or refunding some or all of your remuneration or otherwise making amends.

ACT WITH CARE AND SKILL to the best of your knowledge and expertise, including using our tender methodology

MAINTAIN OUR GOOD REPUTATION Do all things within your competence to maintain our good reputation, including assisting us to address any concerns which may arise (see Note 1)

KEEP US INFORMED of progress against budget (see Note 2)

USE YOUR OWN PHONE AND COMPUTER EQUIPMENT and pay your own telephone, internet and transport expenses (unless covered by our travel policy).

FOLLOW THE INSTRUCTIONS we provide to you in the engagement pack and in other briefing discussions

NOTE 2: It is imperative that we deliver projects within the scope agreed with the client.

1 You must keep us informed of progress against budget

2 We will manage any changes in scope with the client

3 You will not be paid for any work performed over scope unless it has been approved in writing beforehand.


The remuneration for each engagement will be agreed with you before you are engaged. It will always be your choice to accept an engagement based on the proposed remuneration.

Depending on the engagement, the remuneration will typically be:

REMUNERATIONYour remuneration, including your hourly and daily rates, are strictly confidential. Do not disclose your rates to anyone, particularly clients or other contractors.

* The rate may be your standard rate as nominated on page 2 of this agreement, or a reduced rate which makes us more competitive for a particular client or project.

The nature of our business is that a team member’s hours can fluctuate wildly during a tender and skyrocket toward the deadline.

On long term engagements, our clients may ask us to work on daily rates to provide them with certainty of costs and better value for money. We will almost certainly earn less revenue than if it we were working on hourly rates, but the flipside is that we secure a large, long term engagement.

Depending on the engagement, the daily rate may work in one of two ways:

DAILY CAP We charge the client for the hours worked up to a cap of 10 hours per day. This gives the client the best value as they only pay for the hours worked while also avoiding cost blowouts if hours escalate.

SWINGS AND ROUNDABOUTS We charge the client a set daily rate of 10 hours per day. This still gives the client excellent value but is also easier to administer. To be fair, we usually exclude from this arrangement any days where we work less than 7.5 hours.

How does the daily rate work?

A fixed fee for a specific package of work.

An agreed hourly rate* for a capped scope of hours

An agreed daily rate* for a capped scope of days, or

DAILY CAP Day 1

Worked 4 hrs

Charged 4 hrs

Paid 4 hrs

Day 2

Worked 12 hrs

Charged 10 hrs

Paid 10 hrs

Day 3

Worked 7 hrs

Charged 7 hrs

Paid 7 hrs

Day 4

Worked 11 hrs

Charged 10 hrs

Paid 10 hrs

Day 5

Worked 13 hrs

Charged 10 hrs

Paid 10 hrs

Total

Worked 46 hrs

Charged 41 hrs

Paid 41 hrs

SWINGS AND ROUNDABOUTS

Day 1

Worked 4 hrs

Charged 4 hrs

Paid 4 hrs

Day 2

Worked 12 hrs

Charged 10 hrs

Paid 10 hrs

Day 3

Worked 7.5 hrs

Charged 10 hrs

Paid 10 hrs

Day 4

Worked 11 hrs

Charged 10 hrs

Paid 10 hrs

Day 5

Worked 8.5 hrs

Charged 10 hrs

Paid 10 hrs

Total

Worked 43 hrs

Charged 44 hrs

Paid 44 hrs

Examples to show how these daily rate engagement models might work in practice are shown below:

If you are a natural person (as opposed to a company or other legal entity), and if it is ever held that you are an employee of Aurora Marketing (despite this agreement clearly stating that you are not), you agree that all remuneration you have received under this agreement will cover all employment entitlements including wages, salary, overtime, penalties, allowances and prepayment of accrued leave of all kinds. Further to this, you agree to indemnify us against all claims arising out of the deemed employment, such as for wages, salary, overtime, penalties, allowances and leave of all kinds.


WHAT HAPPENS IF YOUR TIME SHEET IS LATE?

If you are late submitting your time sheet, it has multiple flow on effects:

It delays our ability to provide our client with up-to-date progress reports to their budget, which not only annoys them but may mean we exceed our scope and perform work which we can’t charge for. (And don’t forget, if you have unwittingly done work in excess of your scope, we can’t charge for it which means we won’t pay for it.)

It delays our invoicing to the client, which not only annoys them but may also affect our financial situation by delaying payment for our work. In the worst case scenario, we may miss the client’s project close-off date which means we can’t invoice for that time at all. If that happens, you won’t be paid either.

It leads to additional work for our finance administration team and may lead to a delay in paying your invoice.

“It’s just a few days late, surely that’s not a problem...”

SUBMIT TIME SHEETS ON TIME

You will need to complete detailed time sheets recording the number of hours you or your sub-contractors work and details of the work completed. We will provide you with specific instructions of the system to be used and the timing of when time sheets need to be completed.

SUBMIT YOUR INVOICE ON TIME

You will need to send us GST-compliant tax invoices that reflect the agreed remuneration and align to your time sheets. If an invoice is correct, we will pay within 30 days of receipt. If an invoice is incorrect, we will notify you of the changes needed and withhold payment until a correct invoice is submitted.

TWO IMPORTANT POINTS TO ENSURE YOU GET PAID:


WE WILL ARRANGE TRAVEL AND ACCOMMODATION ON YOUR BEHALF AT NO EXPENSE TO YOU

WE WILL PAY A SET SUBSISTENCE RATE FOR EACH NIGHT AWAY FROM HOME

WE WILL REIMBURSE PRE-APPROVED AND RECEIPTED EXPENSES SUCH AS TAXIS

WE WILL NOT PAY FOR TRAVEL TIME

WHAT IF YOU NEED TO TRAVEL FOR YOUR ENGAGEMENT?

From time to time, we may offer you an engagement somewhere other than the city where you live. Our policies provide the full detail. Generally, the following arrangements will apply:

For the purposes of Payroll Tax, the Offices of State Revenue consider a contractor to be an employee if they: Comments

Provide services in the usual scope of work of the business This will almost certainly be the case.

Provide services personally, without opportunity to delegate to employees or sub-contractors, and

This will depend on your business structure – if you have employees or sub-contractors you can delegate to, please confirm this on page 2.

Work more than 90 days in a financial year for the company (even if just 1 hour per day).

If both (a) and (b) apply, we have two options:

1. We can limit your engagements to ensure you do not work more than 90 days in a financial year, or

2. We can maximise your engagements beyond 90 days on the basis that we are reimbursed for the Payroll Tax that is incurred. (See Note below).

Please confirm your preference on page 2.

PAYROLL TAX

Payroll Tax is a State and Territory tax that is paid by a company based on the number of employees and its overall wage bill. The tax rates vary between each State and Territory but are generally in the order of about 5%.

So, what does this have to do with you? More than it should.

The way Payroll Tax is assessed is designed to capture as many people as possible under the definition of ‘employee’, including as many contractors as possible. There is a high probability that it will capture you and Payroll Tax may be incurred on your fees. If Payroll Tax is incurred, it will be disbursed to you.

NOTE: Incurring Payroll Tax Payroll Tax will only be incurred on services beyond the 90-day threshold, and generally in the order of 5% of your fees after the 90-day threshold has been reached. If Payroll Tax is incurred, we will raise an invoice to you for an amount equivalent to the Payroll Tax incurred, and off-set that to your invoice to us. We will not charge any administration or processing fees.

GST is a boring legal topic but our lawyers tell us we need to cover it. All of the terms we use in relation to GST are defined in the current Australian GST legislation. If you are having trouble sleeping, you can go check the definitions there.

In addition to paying your agreed remuneration, we will also pay you an amount equal to any GST payable for the services you deliver for each engagement (provided that you are registered for GST and have submitted a GST-compliant invoice to us).

If we ever overpay you, you will need to refund us the overpayment, including the GST component, within 14 days of being notified or becoming aware of the overpayment.

If you need to claim an expense which includes GST, your claim for reimbursement must include the GST, except for any input tax credit that you’re entitled to.

GST STUFF


From time to time, we may offer you the opportunity to participate in training courses and events which are relevant to you. If you accept, we will pay for the cost of the activity, such as the training fees or the event ticket, but not for your time to attend or any other costs such as travel or accommodation.

WHAT IF YOU ATTEND TRAINING OR AN EVENT?

WHAT IF YOU NEED TO CLAIM A REIMBURSEMENT?

We reimburse expenses at cost, providing they are pre-approved and receipted. Our policies provide the full detail.



During your engagements with us, you’ll be privy to confidential information that belongs to us and our clients. Protecting this confidential information is one of our highest priorities and it is paramount that you do everything reasonably necessary to preserve and protect the confidentiality of the confidential information.

Confidential information may be information that you read, see or hear, and it may not necessarily be expressly identified as confidential information. The best approach is to treat everything as confidential, except if you are confident that it is common knowledge.

Unless you have written approval from us, you are not to do any of the following (or allow any of the following to be done by anyone else):

CONFIDENTIAL INFORMATION

IT IS IMPERATIVE THAT YOU

IF A BREACH OCCURS, OR IS SUSPECTED TO HAVE OCCURRED, YOU:

Securely store confidential information

when not in use.

Immediately return all

confidential information to us when requested to do so.

Immediately destroy all

confidential information if we instruct you to do so.

Must immediately

notify us.

Must take all steps necessary

to prevent or stop any actual or suspected

breach.

Must comply with all

directions we give you.

May be required

to pay compensation.

Make copies or take photographs or videos of confidential information, or

Use confidential information for any purpose other than to complete engagements

Send or share confidential information.

Disclose confidential information to any third party

dealings

INFORMATION ABOUT MANNERS OF MANUFACTURE

devices

desi

gns

substances

supplier

methods

methods

RESEARCHPRO

CESS

ES

PRO

DU

CTSideas

concepts

DEVELOPMENTS

visual features of shape

techniquesconfiguration

IMPROVEMENTSESTIMATES

price and/or client lists

pattern and/or ornamentation precedents SPECIFICATIONS

technology

proj

ecti

ons

ORGANISATION budgets costings strategies and/or personnel

polic

ies

TRADE SECRETS transactions marketing serv

ices

equipment systems FINANCES

LOTS OF INFORMATION MAY BE CONSIDERED TO BE CONFIDENTIALFor the avoidance of doubt, treat all information as strictly confidential.

What is ‘confidential information’?


AURORA MARKETING’S INTELLECTUAL PROPERTY

Our tendering methodology represents substantial and valuable intellectual property in the form of know-how, systems, tools and other assets that we have purchased or developed at substantial cost, and which contribute significantly to our overhead and our market leadership.

This information is provided to you for the specific purposes of completing our engagements and cannot be used for any other purpose.


TERMINATION

We may terminate your engagement without notice, even if you are engaged on a project, if any of the following occurs:

Either of us can terminate this agreement at any time by providing written notice to the other party. The only exception is when you have been engaged or nominated on a project, in which case you need to complete the project or give 4 weeks’ written notice (whichever comes sooner).

You become bankrupt, are charged with a crime, or have a health condition that affects your ability to deliver the project.

We assess that your performance or behaviour is not acceptable and we have made unsuccessful attempts to rectify

You do something that damages your reputation or ours

You do something that breaches the terms of this agreement, or

The client terminates our engagement, changes the scope of our engagement or specifically requests that we remove you from the team

Conduct yourself in a professional and courteous manner to all

IF YOUR ENGAGEMENT IS TERMINATED, YOU MUST:

You will be paid for the work you have already performed, providing the client is happy with the work and you have followed the appropriate administrative processes.

We may withhold payment if you fail to give appropriate notice, have delivered sub-standard work and not rectified it, or damaged our reputation.

Follow our instructions about how to finalise your work, debrief other team members and transfer files

Follow our instructions about who to communicate with and what to communicate

Return any assets, materials and confidential information, such as building passes, computers and hard copy files, and

After transferring your files, destroy your copies of any confidential information including our intellectual property.


RESTRAINTOur relationships with our clients, employees, contractors and suppliers are sacrosanct and we are unapologetically vigilant about protecting these relationships for our business. We will not tolerate any behaviour from anyone in our team that may disrupt or undermine any of these relationships.

Unless you have our written approval:

Never approach any of our clients or prospects with a view to doing any work directly with them

Never accept an approach from our clients or prospects with a view to doing any work directly with them

Never encourage any of our employees to leave our employment

Never encourage any of our contractors to terminate or reduce their relationship with us

Never commence a business relationship of your own with our contractors

Never encourage any of our suppliers to terminate or reduce their relationship with us

Never commence a business relationship of your own with our suppliers, and

Never encourage or arrange for another person to do any of these activities.

If you are uncomfortable with the extent of this restraint undertaking, it is crucial that you not accept this agreement or an engagement with us. When you accept your first engagement with us, it will confirm that you have accepted the extent of this undertaking and agree that it is both reasonable and necessary to protect our business and goodwill.

IT IS UNEQUIVOCALLY FORBIDDEN to approach our clients or prospects, or accept an approach from our clients or prospects, with a view to working with them directly. We reserve the right to take legal action and claim compensation for any breach of this restraint.

LOYALTY AND EXCLUSIVITY

When we engage you, we hope that it evolves in to a long-term mutually beneficial relationship. From your very first engagement, you will gain benefits such as access to our intellectual property, coaching and mentoring in our best practice methodology, experience in leading edge projects, a boosted professional profile, and access to our clients, employees, contactors and suppliers. In exchange for this, we have a fair and reasonable expectation of your loyalty.

In practical terms, this means that in addition to our restraint undertaking, we also expect you to commit to an exclusive relationship with us for any tendering-style* work. You should therefore not undertake any tendering-style work for your own clients, through labour hire or placement agencies, or through companies that provide tendering services.

We fully understand that this is a significant expectation, and some would say it is excessive. But from our perspective, we risk everything – even our commercial advantage – if you play both sides. This is why we are blatantly clear about our expectations of loyalty from the outset. By being honest upfront, like we are, we both get to choose whether we want to enter in to this relationship.

If you intend to do tendering-style work with your own clients, through labour hire or placement agencies, or through companies that provide tendering services, you must advise us of this intention when accepting this agreement. SOMEONE IS GOING TO GET HURT

She thinks they’re in an open relationship

He thinks they’re exclusive

(And keep us updated if this intention changes at any time during the life of this agreement.) Then, we have the choice of whether to bring you in to the team and how deeply and openly to share with you. Failure to advise us of your intent to undertake tendering-style work is deceptive, a breach of this agreement, and possibly cause for us to take legal action and claim compensation.

You are free to pursue absolutely any other style of work, in any discipline, in any sector… including contracting in marketing, public relations, corporate affairs, advertising, copywriting, editing, publishing… absolutely anything that doesn’t involve tendering. The world is your oyster!

* Tendering-style work means consulting, advising, coaching, training or assisting in any way on tenders, bids, proposals, submissions, offers and pitches, whether that be on specific live pursuits, process improvement projects, or training and development programs.


INTELLECTUAL PROPERTY RIGHTS

Intellectual property rights protect a person’s proprietary knowledge and ideas, such as their inventions, trade marks, designs and brands. As you deliver your services on engagements with us, you will almost certainly create intellectual property, such as slogans, key messages, content in documents, templates, diagrams or process improvements.

By accepting this agreement, you assign to us all intellectual property rights in the work you create during an engagement, effective immediately from the date of creation. Similarly, we assign our intellectual property rights to the client who engaged us. A good rule of thumb is to think of it like this: whoever paid for the work, owns the work.

OTHER LEGAL STUFF

PRIVACY

We will collect certain personal information about you, some of which you will provide and some which we may collect from other sources such as previous employers and law enforcement agencies. You consent to this information being provided to us and collected by us. We may disclose this personal information to others as part of an engagement or in response to requests by legal authorities.

Sometimes, as part of an engagement, we may disclose the personal information of others to you, which you may only use to the extent necessary to complete your engagement. You must take all reasonable steps to ensure that the personal information is protected against misuse, unauthorised access, modification or disclosure, and you must notify us immediately if you become aware that these breaches have happened or may happen.

YOU ASSIGN TO US THE INTELLECTUAL PROPERTY RIGHTS OF THE WORK YOU PRODUCE ON OUR ENGAGEMENTS.


INSURANCE

We do not maintain insurance for you. It is your responsibility to consider your own insurance requirements and obtain the necessary coverage, such as for personal accident, worker’s compensation, professional liability, professional, motor vehicle, public liability and travel insurance.

You must have your own insurance if working from a client site.

NOTICES

If either party needs to serve notices relating to this agreement to the other, the notices must be delivered personally to the other party, by email to their work email address, or delivered by registered post to their last known address.

MORAL RIGHTS

Moral rights protect the personal relationship between a person and their work by ensuring they are properly credited for their work and that their work is protected from derogatory treatment. As an example, an author has a moral right to be recognised as the author of their book and for the content to not be changed in an unfavourable way. Moral rights apply even if the person no longer owns the work, so even if another person buys the copyrights of the book from the author, the new owner can’t change the ending or kill off the main character without the author’s approval.

The nature of our engagements means that it is completely impractical to protect moral rights on the work produced. The work is ultimately produced under the direction of others and through a highly collaborative process, which makes it difficult (and perhaps inappropriate) to attribute credit to specific individuals. Furthermore, the work almost certainly has multiple iterations, including after our

engagement is complete. Imagine being engaged to write a management plan… the typical scenario involves the client briefing us on what they want in the plan, a precedent plan being supplied by the company, a subject matter expert having responsibility for the plan, and a dozen people contributing to the plan through reviews and edits. The finalised plan is then revised, perhaps significantly, months later when the project delivery mobilisation phase commences.

By accepting this agreement, you waive your moral rights for the work you produce on our engagements. This means you consent to your work being used without personal attribution to you and to be edited, changed, updated and manipulated in any way seen fit by us or our client, at any time. This waiver takes effect immediately as you create your work and is irrevocable. If you have arranged for work to be produced by others, such as sub-contractors, you will gain their waiver for their work as well.

YOU WAIVE THE MORAL RIGHTS OF THE WORK YOU PRODUCE ON OUR ENGAGEMENTS.

2018 2019 2024 20252023202220212020


LIABILITY & INDEMNITY

You will complete engagements at your sole risk. We will not be liable to you for any loss, damage, injury, disease, illness or death to you or your property, under any circumstances even if it involves negligence, breach of duty, or breach of statute.

You indemnify us against all losses, claims, damages and liabilities which arise out of an engagement through your acts or omissions.

GOVERNANCE

This agreement is governed by the laws of the State of Queensland and we both agree to submit to the jurisdiction of the Courts of the State of Queensland in connection with any dispute relating to this agreement.

This agreement embodies the whole agreement between us and supersedes any previous negotiations.

Specific terms of the agreement can be modified for specific projects, but the variation must be agreed in writing and will only apply for the specific project.

Each party acknowledges that they have not relied on any warranty representation or statement, except what has been expressly provided in this agreement, and that they have relied on their own enquiries.

The parties agree that to the extent that each of them may exclude any warranties or conditions which might otherwise be implied in connection with this Agreement or the subject matter of the Agreement by any competent legislation, then each party hereby expressly excludes from application all such implied warranties and conditions.

Any variation of this agreement needs to be in writing.

If there are any provisions of this agreement which are considered unenforceable, the elimination of those specific provisions will not affect the validity or enforceability of the rest of the agreement.

CONTRACTOR’S AGREEMENT€¦ · Day 4 Worked 11 hrs Charged 10 hrs Paid 10 hrs Day 5 Worked 8.5...

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