- 2 - "I HATE MY PC" includes all other joint ventures and licensees of CHEQUERED GECKO Pty Ltd.
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- Harold Robertson
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1 - 2 - Date???? Full name ("you") Business Name ABN??????? Address Contact details Dear name, Thank you for allowing us the opportunity to be of service to you. I HATE MY PC have made available to The Consultant as set out in paragraph 2 of The Schedule, the contract for professional services for The Client set out in paragraph 3 of the Schedule, for the purposes of the "Services" set out in paragraph 4 of the Schedule, such Services to be provided by the Specified Personnel set out in Paragraph 5, at the Location as set out in paragraph 6 of the Schedule, and you have agreed to provide the Services on the terms and conditions in this Agreement: DEFINITIONS "I HATE MY PC" includes all other joint ventures and licensees of CHEQUERED GECKO Pty Ltd. "we", "us", "our" means I HATE MY PC team member, team means people working with or for I HATE MY PC client/s means customers of I HATE MY PC job/s means discrete portions of work executed for clients on a casual basis you, your means The Consultant "contract" means the terms and conditions as set out in this document Capitals are to be understood as their lower case equivalents. Headings have no meaning and are for reference only DURATION 1. This agreement shall commence on the date shown in paragraph 1 of the Schedule and unless earlier terminated, modified or extended in accordance with this Agreement shall continue for the period shown in paragraph 6 of the Schedule. 2. Either you or we may terminate the agreement at any time with 14 days written notice to the other. 3. We may immediately terminate in part or in whole, or reduce the Services being supplied under the Agreement if: a. Clients fail to enter into, or breach their agreements with us. In that event we will make every effort to find a suitable replacement jobs for you as soon as possible. b. Clients terminate or so modify their agreements with us.
2 c. For reasons beyond our reasonable control, our costs of providing your services to the Clients increases. If this happens we will re-negotiate with you the terms of the agreement. d. The failure of the Clients to pay our fees when due. e. Upon a receiver being appointed to the assets of the Clients, a Liquidator being appointed to the Client or in the circumstances of the Clients entering into voluntary administration. f. In the opinion of the Clients you fail to or are unable to complete the required Services under the agreement to the satisfaction of the Clients. In this case you agree that you are not entitled to claim any compensation or damages from us relating to the termination. g. You have not been available the agreed number of hours, per attached schedule, or become unavailable for said hours. h. You fail to communicate with us in a timely and appropriate fashion. This includes, but is not limited to, unanswered s, unanswered SMSes, unanswered phone calls etc. Examples which result in financial loss, negative impact on the brand and business, and lost opportunity will be viewed most seriously. 4. Upon termination all I HATE MY PC branded equipment, clothing, stationary, invoice books and other such materials are to be returned to I HATE MY PC immediately. All items should be returned clean. Any cleaning costs will be at your expense. 5. Upon termination all hardware, software, equipment, parts, diagnostic equipment, CDs, DVDs and such supplied by I HATE MY PC either directly or by paid redemption are to be returned to I HATE MY PC immediately. All items should be returned clean. Any cleaning costs will be at your expense. 6. Upon termination all hardware, software, equipment, parts, diagnostic equipment, CDs, DVDs and such held in your care on behalf of, or owned by, a client of I HATE MY PC shall be returned to I HATE MY PC or the client immediately. All items should be returned in the order in which you received them unless that state is worse than their current state. Any repair or restitution costs will be at your expense. 7. Upon termination you may not represent yourself or in any way convey the message that you are working for or associated with I HATE MY PC unless otherwise agreed in writing with the principals of I HATE MY PC. PAYMENT 8. In consideration of the provision of the Services by the Consultant, we will pay to the Consultant the fees set out in paragraph 7 of the Schedule. 9. You agree that your payment is calculated on the hourly rate as charged to the client including, but not limited to, travel time, out of hours loading, off site work, preparation work. Put simply, what we can bill the client for, you will be paid for, what we can t you won t. 10. If we overpay you then you agree to let us deduct the excess payment from your next pay or from the agreed term of the contract. 11. Your invoices to us will form the basis of payment to you. Invoicing timing is as set out in paragraph 8 of the attached schedule. 12. You agree to fill out appropriate job records, triplicate invoice books, calendar entries, use EFTPOS equipment and such on behalf of I HATE MY PC so as to facilitate accurate and timely billing of clients. 13. In the event that the Clients subsequently cancel or modifies the Services, you will only receive payment for your portion of the work that is billable to the client. 14. Where warranty or make-good rework is performed for your client by another team member you will only receive payment for your portion of the work that is billable to the client.
3 15. You agree that you are not entitled to claim any compensation or damages from us relating to such a termination or variation. 16. You agree that payment from I HATE MY PC can be made up to 31 days after your invoice is received unless otherwise agreed in writing beforehand. 17. You agree that, in cases of large jobs and large amounts ($1000 per client per invoice), I HATE MY PC reserves the right to receive payment for the work from the client prior to paying your invoice for said work. This is simply a cash flow issue. CONFIDENTIALITY 18. You are to hold in confidence all of the Clients confidential information concerning the business or products of the Client, and, you are not to forward any such information to a third party without the prior written authority of any Client. You agree the Client is the absolute owner of the copyright in any work created by you in the performance of the Services to that client. 19. All documents, client lists and computer records brought into being by you during the course of your contract with us, will at all times be and remain our own property or that of any associated third parties that have been introduced to you by us. Upon termination of your contract for any reason whatsoever, you must deliver up to us all such things in your possession. 20. You agree to sign any documents and to do those things requested by the Clients in order to maintain the confidentiality of the client s information. POLICIES, PROCEDURES AND INSURANCE 21. We and The Clients have policies and procedures that are formulated for the efficient and fair administration of contract matters. You agree to familiarise yourself with and to comply with any policies and procedures that we or The Clients have or may in the future adopt for contract matters. 22. You agree to abide by all the policies and procedures of the Clients and us including but not limited to Internet and Usage, Occupational Health and Safety, Sexual Harassment, Smoking, Drugs and Alcohol. 23. The Contractor shall ensure that no risk is created to the health and safety of any person as a consequence of the provision under this agreement of any Services to any Client. The Contractor will immediately notify the responsible officer of any Client of any risk or potential risk to health and safety of which the Contractor becomes aware, and of any reasonable steps which may be taken to avoid or mitigate such risk or potential risk. 24. The contractor shall hold all pertinent insurances including, but not limited to, public liability, workers compensation applicable to the industry and work being carried out. Any claims by you or by clients against you in these regards are entirely your responsibility. However, we ll help where we can with supporting materials and documentation as may be required. 25. The contractor agrees to create and/or maintain an appropriate business entity (with an ABN), as prescribed by The Department of Fair Trading and other Australian legislation, for the purposes billing us, protecting themselves and paying all necessary taxes and obligations to the Australian Government, ASIC, superannuation funds and The Department of Fair Trading as applicable. 26. The contractor agrees that they are an independent business entity and in no way an employee of I Hate My PC. 27. The contractor agrees to conduct all client work within our branding guidelines including, but not limited to, wearing supplied branded clothing on client/site visits, using supplied branded business cards, stationary, vehicles, web sites, footers, templates, BLOGS etc. This includes presenting a 100% I HATE MY PC image to clients in as much as all the work you do with them is through us.
4 COMPETITION 28. You will not seek or accept a direct offer of one-off jobs, casual work, temporary or permanent employment from any of our clients or any third party to whom you have been introduced either by us or by a third party without our prior written consent. 29. You agree that for twelve months after your contract with us ends you will not solicit or entice away any person, firm or company who has during your contract been one of our clients, customers or employees. CHANGES TO CONTRACT 30. No changes can be made to the arrangement set out in the contract unless we both agree and the new terms are set out in writing. 31. You are engaged by us as an independent contractor and have no authority to alter these arrangements, or give commitments on our behalf, in any way. Please ensure that you deal directly with us should you wish to alter any of the terms set out in the agreement. 32. The agreement is with you and cannot be assigned to any other party without our prior written consent. 33. Any delay or failure to enforce any provision of this agreement by I HATE MY PC will not be deemed to be a waiver of the requirements of such provision. Any waiver by I HATE MY PC of a requirement of this agreement must be in writing and will not be deemed to be a waiver of subsequent breaches of the same or of a different kind. 34. Hourly rates, bonus rates and other payment schedule changes will be reviewed on an ongoing basis and only implemented upon written agreement. RESPONSIBILITIES 35. You agree to respond to all communications from I HATE MY PC representatives in a timely fashion. a. Jobs SMSed to you must be acknowledged the same day b. Jobs ed to you must be acknowledged within 24 hours c. Telephone calls, voic s etc. must be acknowledged and responded to as soon as practical (when you finish the current job, when it is safe to do so, when you have completed a journey in your car or have a hands free kit etc.) d. All other communications must be acknowledged as soon as practical. e. Unanswered communications may result in reallocation of jobs i.e. if we can t talk to you we can t give work to you. That s OK, sometimes emergencies pop up when you are busy and we need to find another solution. 36. You are to perform the Services in a professional manner producing work of a high standard. 37. You agree to have fun in your work, present a positive and enjoyable attitude to clients and engage them in having an enjoyable experience with us. 38. You agree to adhere to written and verbal systems, policies and procedures for the purposes of improving working practices, environment and client experiences. 39. You agree to report the following events back to us as soon as possible. f. Any problems encountered with the agreement once it has been accepted g. Any unforeseen problems at the workplace or with clients
5 h. Any client work left incomplete for any reason i. Any changes in services the Client requires from you j. Anything else you may deem or suspect important to the way we interact with our clients and how they may perceive the quality, timeliness, integrity and honesty of our work. 40. You will inform us prior to 8.30am on each day that you are unavailable if, during the agreement, you are unable to work due to illness. 41. You agree to make yourself available for the agreed number of hours per week per attached schedule. 42. You agree that any variation of agreed hours will be notified in writing 14 days before it is to come into effect. Your availability is important for planning, marketing and scheduling purposes i.e it makes us hard to provide you with consistent work when you aren t available consistently. 43. You are to notify us immediately should any injuries occur to you at the site of the assignment or en route to the assignment. 44. You agree to provide us your taxation, company, ABN, and bank account details prior to commencing the contract. 45. We endeavour to find and provide you with enough stimulating work to meet your personal, financial and lifestyle goals. We want to help you get what you want, so let us know what that is. 46. We promise to always be honest with you, in good times and bad; and we will always show you respect and gratitude for hard work. Whether you work with us for a short time or a long time we ll do our best to make it a good time. 47. You shall remember the passion and enthusiasm you have today to work with us and ask any questions you have that concern you now and into the future so that there are no surprises. 48. You shall be familiar with our vision and constantly strive to deliver on it: Our Vision... To be Australia's best computer help company. To have smiling customers with their computers doing what they want. To deliver the highest levels of service and caring from all team members. To facilitate the dreams of our team and our customers. To help the community and the world through recycling and appropriate use of technology. To work with clients who are joyous, have a sense of humour, are positive and value what we do for them. 49. You shall be familiar with our customer engagement agreement and strive to deliver on our commitment to clients described therein. Refer to attached agree.
6 WARRANTIES 50. You declare that you are a Citizen of Australia or New Zealand or, that you have been granted permanent residency, have temporary residency accompanied with a work visa or are a student accompanied with a work visa. 51. You warrant that you have the qualifications and experience to provide the Services to the Client. GENERAL 52. The legal jurisdiction of this contract is the state in which the Services are provided. 53. If a provision (or part of it) of these Terms and Condditions is held to be unenforceable or invalid or contrary to legislation and it cannot be interpreted without materially or substantially affecting these Terms and Conditions or allowing these Terms and Conditions to be enforceable and invalid, then the provision (or part of it) must be severed from these Terms and Conditions and the remaining provisions (and remaining part of the provision) are valid and enforceable. 54. Where any conflict arises between these Terms and Conditions and any other written or verbal communication with any staff of I HATE MY PC then these Terms and Conditions shall prevail and have full force and effect. Would you please initial each page and sign a copy of this letter and return it to us confirming your agreement to the terms. We look forward to a mutually rewarding relationship. Yours sincerely I HATE MY PC Chairman I HATE MY PC Agreed... Consultant Signature... Name... Date
7 SCHEDULE 1 Date of Agreement???? 2 Consultant Name Business Name ABN??????? Address Contact details 3 The Client/s Various as and when required. 4 The Services Home and small business computer help, assistance, training and troubleshooting 5 Location Various client sites. 6 Duration of Agreement Ongoing/casual Agreed number of hours available per week???? 7 Fees $??.00 per hour (the "Hourly Rate"), inclusive of GST. (dependent on the hourly rate the customer is paying for your services) An additional $20 per hour (inclusive of GST) will be paid on work performed on clients you bring to us for the life of the clients relationship with us. It is your responsibility to notify us and bill us accordingly for said clients 8 Payment Schedule Invoices are to be sent to us monthly weeks unless otherwise agreed.
8 Attachment: Client Engagement Agreement <to be included at time of contract>
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