Independent Contractor Agreement

This contract is for Independent Contractors who are not being employed as an employee. These employees should be providing you with an ABN number and would be paid via an invoice.

Simply replace the <red> writing with what applies to your situation. Optional clauses are shown in blue and should be deleted if not to be included in the employment contract.

You can contact one of our HR Consultants for assistance in completing this employment contract.

INDEPENDENT CONTRACTOR AGREEMENT

THIS AGREEMENT is made the (Insert Date).

BETWEEN

(Insert Name and Address) (the Contractor)

AND

(Insert Company Name and Address) (the Company)

RECITALS

A. The Company wishes to engage the Contractor to perform services from time to time ("the Service").

B. The Contractor agrees to perform the Service on the terms and conditions contained herein and given at the time, either verbally or in writing.

NOW IT IS AGREED as follows:

1. PROVISION OF SERVICES

1.1  The Contractor shall perform the Service as described in the Schedule to this Agreement, verbally, in an email or in another written form at the agreed amount at the time.

1.2  The Contractor shall supply all personnel, equipment, materials and other things necessary to perform the Services. The Contractor shall cooperate with The Company and shall not interfere with or obstruct the proper performance of the Service.

1.3  Any equipment and system access provided and maintained by the Company remains the property of the Company and is to be returned at the conclusion of the contract.

2. NATURE OF RELATIONSHIP

The parties agree that the Contractor is an independent contractor and not an employee of The Company and that as an independent contractor the Contractor has no entitlement to any benefits, payments or allowances (including, but not limited to, annual leave, sick leave, long service leave or any other leave). The benefits, payments and other allowances prescribed to the Contractor pursuant to this Agreement comprise the entirety of the Contractor's entitlements to the exclusion of all others.

3. INSURANCE

3.1  The parties agree that the Contractor is responsible for providing and paying for any and all insurance which a reasonable and prudent person would consider to be appropriate in the conduct of the Contractor's business, including (but not limited to) public liability insurance and personal accident insurance and the Contractor agrees to indemnify the Company against all or any actions or demands which may arise from the actions or omissions of the Contractor.

3.2  The Contractor will upon request provide the Company with proof of appropriate insurances, including but not limited to, public liability insurance.

4. FEE and PAYMENT

4.1 The Contractor shall submit invoices for amounts payable according to the attached Schedule or in accordance with what is agreed for each job and the Company agrees and undertakes to pay such amounts within (Insert Number) days of receiving the invoice.

4.2 For the purposes of this Agreement, "GST" means a goods and services tax imposed on the supply of goods and services (including intellectual property) under A New Tax System (Goods and Services Tax) Act 1999 Cth.

5. CONFIDENTIALITY and RESTRAINT

5.1 See attached Confidentiality and Restraint Agreement

(See Confidentiality and Restraint Agreement on this site if you wish to use, otherwise delete this section.)

6. WARRANTY

6.1 The Contractor will exercise all reasonable care and diligence in carrying out the Service.

6.2 The Contractor will notify the Company immediately if any problems or issues arise in the delivery of the Service.

7. GOVERNING LAW

This Agreement is governed by and shall be construed in accordance with the laws of the State of (Insert State).

8. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties in relation to its subject matter.

9. SEVERABILITY

The terms and conditions of this Agreement and each and every part thereof shall be so construed as not to infringe the provisions of any Act whether State or Federal, but if any such term or condition on its true interpretation does infringe any such provision, that term or condition shall be read down to such extent as may be necessary to ensure that it does not infringe, and in the event that the offending term or condition cannot be so read down it shall be deemed to be void and severable without in any way diminishing the enforceability of the remaining terms and conditions and each of them.

10. TERMINATION

In the event that the Contractor or the Company wishes to terminate this Agreement, (Insert Number) weeks’ notice must be provided to the other party.

IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and year first hereinbefore mentioned.

SIGNED by (Insert Name)

in the presence of: ......

SIGNED for and on behalf of )

THE COMPANY)

by (Insert Name)

in the presence of: ......


SCHEDULE

SERVICE: The following are a summary of the services that the Contractor shall provide to the Company:

(Job Title)

The duties and responsibilities have been discussed with The Contractor.

The Contractor and the Company may agree on variations to the range of duties and responsibilities. It is a condition that these duties may be varied from time to time in line with the needs of the business provided that any variation to the duties shall be within your agreed competencies.

It is expected that the Contractor will perform the Services on the days as agreed between the Company and the Contractor.

FEE: Fees will be based on Commissions earnt as follows:

·  (insert details)

TERM: The term of this agreement shall be from the (Insert Date) and will cease as per Clause 10. Termination (see above).