This agreement is governed by the laws of Queensland and the parties submit to the non-exclusive jurisdiction of the courts of that state. In the interpretation of this agreement:
In consideration of the Client paying the Consultant in accordance with rates of pay set out in the schedule, the Consultant agrees to provide the services during the contract term in accordance with the provisions of this agreement. The Client acknowledges and agrees that the Consultant may employ its own staff. The client agrees by signing these terms and conditions that the specification provided within this pack have been accepted as the job description and needs of the business. Any changes to these are to be made in writing and additional fee’s may be charged.
The parties agree that the Consultant must:
The parties agree that the Consultant must carry out and perform the services for the Client for the period set out in the schedule.
The Consultant must comply with and must ensure that its employees at all times when providing the services comply with:
The Consultant must ensure that it and its employees comply with the requirements of all relevant work health and safety legislation or regulations in relation to the provision of the services.
The Consultant must not create or leave unattended any hazards, accidents and injuries. All hazards, accidents and injuries must be reported immediately to the Client. All potential hazards, accidents and injuries which the Consultant has noticed, whether caused by the Consultant or not, must be reported to the Client’s representatives as soon as possible and no later than the next business day. Where the acts or omissions of the Consultant cause loss, damage or injury to third parties the Consultant must promptly deal with any third-party claims.
The Consultant must ensure that its employees and members of the general public are not exposed to risk to their health or safety arising from the provision of the services.
The Client may request reports in writing from time to time, but not more frequently than monthly, in a form including the content set out within the schedule. The content and frequency of the reports may be varied by agreement in writing between the Client and the Contractor during the contract term.
The Consultant must report immediately to the Client any damage caused by the Consultant or its employees to any property facilities and equipment whether owned by the Client or any third party. The Consultant agrees that it must, at its own cost and expense, make good any damage resulting from the performance of the services or otherwise caused or contributed to, directly or indirectly, by the Consultant or its employees. Any such repair shall be carried out by contractors acceptable to the Client without undue delay and in all cases subject to the terms and conditions of this agreement.
The Consultant warrants at all times during the contract term that:
This agreement is part of Englander Davis who work in conjunction with RTR Association Pty Ltd and Reski Pty Ltd. Personal details may be passed between the inhouse companies and recommendations on products/services may be given to the client from either of these companies. All payments will be lodged through Englander Davis Pty Ltd.
A notice or other communication to a party must be in writing and delivered to that party or that party’s practitioner in one of the following ways:
The parties acknowledge that this agreement is intended as a contract of service and not any other relationship and, in particular, not the relationship of employer and employee, Client and agent or the relationship of partnership.
This agreement may be executed in any number of counterparts each of which will be an original but such counterparts together will constitute one and the same instrument and the date of the agreement will be the date on which it is executed by the last party.