1. Commencement
1.1 This Agreement commences on the Commencement Date and continues for the Term unless terminated prior in accordance with the provision’s set out herein.
1.2 It is a precondition of this Agreement that, prior to the Commencement Date, the Contractor must:
Duly execute this Agreement including any guarantees contained herein.
Duly execute the Declaration set out in the Annexure.
Provide a copy of his/her current driver’s license; and
ensure all necessary permits, licenses and insurances that enable the Contractor to properly provide
the Services are current.
ensure that subcontractor and any other person assisting with the vehicle or movement of goods
must be vaccinated as per the Victorian Government’s vaccination requirements for the transport
industry. (https://www.coronavirus.vic.gov.au/information-workers-required-be-vaccinated).
1.3 If any of the preconditions outlined in clause 1.2 are not satisfied as at the Commencement Date, the Company reserves the right to withhold payment of any Contractor Fees that may be due and payable to the Contractor until the Contractor provides satisfactory evidence to the Company that the preconditions have been satisfied.
1.4 This Agreement (“Agreement”) is made effective as of [Effective Date], by and between Big Bull Mover Pty Ltd, hereinafter referred to as “Company,” and [Contractor Name], hereinafter referred to as “Contractor.”
2. Provision of Services
2.1 In consideration for:
(a) the Companyproviding access to the Company’sProperty, Manuals, and Intellectual Property;
and
(b) The Companyagreeing to pay the Contractor Fees.
the Contractor shall provide the Services in accordance with the processoutlined herein and otherwise pursuant to the terms and conditions contained in this Agreement.
3. Rate/Pricing:
3.1 The parties agree that the rate/pricing for services rendered by the Contractor to the Company shall be as outlined in Exhibit A.
3.2 In consideration for the Contractor providing the Services, the Company shall pay to the Contractor the Contractor Fees inclusive of GST and in pursuant to the terms and conditions in this Agreement.
4. Pay Cycle:
4.1 The Contractor shall be paid on a weekly basis on the Sunday for the work conducted in the previous week, as outlined in Exhibit A.
5. Cash Payment Submission:
5.1 The Contractor shall submit invoices for payment within 2 days of completing the services. Failure to submit invoices promptly may result in delays in payment.
5.2 Cash is required to be submitted in the company’s account within 48 hours, otherwise GST will
be applied to the amount.
6. Contractor Responsibilities:
6.1. The Contractor shall ensure that all drivers and jockeys working under their employment have the necessary work rights as per the laws of [Country/Region].
6.2 The Contractor shall maintain a fleet of roadworthy vehicles and ensure that all vehicles used for transporting goods are compliant with relevant safety and regulatory standards.
6.3 The Contractor shall conduct operations in compliance with the latest updates provided by relevant departments including but not limited to WorkSafe, Department of Health Services (DHS), and Fair Work.
7. Asset Responsibility:
7.1 The Contractor shall be responsible for the safekeeping and maintenance of any assets provided by the Company, including POS (Point of Sale) machines and EFTPOS (Electronic Funds Transfer at Point of Sale) devices
8. Cancellation of Contract:
8.1 Either party may terminate or cancel this Agreement upon providing 21 days’ written notice to the other party.
8.1.1 The company reserves the right to hold a reasonable amount from the contractor’s final payout in the scenario of pending complaints, payments, or incidents that may raise the monies owing by the Contractor to the Company.
8.2 In the event of a breach of conduct by the Contractor, the Company reserves the right to terminate or cancel this Agreement immediately upon providing written notice to the Contractor.
9. Termination due to Contractor Negligence or Serious Misconduct:
9.1 In the event of cancellation due to negligence on the part of the Contractor, the Contractor shall be liable for any costs incurred by the Company as a result of such cancellation.
“Serious Misconduct” for the purposes of this sub-clause includes but is not limited to:
9.2 serious or persistent misconduct or wilful neglect in the discharge of the Contractor’s obligations under this Agreement.
9.3 misappropriation of the Company funds by the Contractor.
9.4 refusal to obey and comply with the lawful directions of the Company or the Principals as to the performance of the Contractor’s obligations.
9.5 the Contractor becoming bankrupt or making a composition or arrangement with the Contractor’s creditors or generally taking advantage of any statute for the relief of insolvent debtors.
9.6 the Contractor acting in a manner which may tend to injure the Business, reputation or interests of the Company or a Related Entity of the Company.
9.7 the Contractor being convicted of any criminal offence where such conviction could, in the Company’s opinion, reasonably be expected to detrimentally affect the Company or preclude or inhibit the Contractor from performing their obligations under this Agreement.
9.8 the Contractor becoming of unsound mind or a person whose person or estate is liable to be dealt with under the laws relating to mental health.
9.9 the Contractor using or abusing alcohol or drugs to the extent that, in the reasonable opinion of the Company, there is continued neglect by the Contractor of the Contractor’s obligations under this Agreement.
9.10 the Contractor otherwise failing to discharge the Contractor’s responsibilities and obligations under this Agreement; or
9.11 the Contractor otherwise committing a material breach of the terms of this Agreement.
Upon termination of this Agreement in accordance with this clause 9:
9.12 the Company may make deductions from any payment due to the Contractor under this Agreement in respect of any monies owing by the Contractor to the Company.
9.13 the Contractor must return to the Company all or any Manuals, Intellectual Property, Company Property, Confidential Information, or other items relating to the Services that are in the Contractor’s possession and belong to the Company. If the Contractor fails to return all such items within seven (7) days of the date of termination, the Company may make deductions from any payment due to the Contractor under this Agreement to the value of the items not returned; and
9.9 the Contractor using or abusing alcohol or drugs to the extent that, in the reasonable opinion of the Company, there is continued neglect by the Contractor of the Contractor’s obligations under this Agreement.
9.10 the Contractor otherwise failing to discharge the Contractor’s responsibilities and obligations under this Agreement; or
9.11 the Contractor otherwise committing a material breach of the terms of this Agreement.
Upon termination of this Agreement in accordance with this clause 9:
9.12 the Company may make deductions from any payment due to the Contractor under this Agreement in respect of any monies owing by the Contractor to the Company.
9.13 the Contractor must return to the Company all or any Manuals, Intellectual Property, Company Property, Confidential Information, or other items relating to the Services that are in the Contractor’s possession and belong to the Company. If the Contractor fails to return all such items within seven (7) days of the date of termination, the Company may make deductions from any payment due to the Contractor under this Agreement to the value of the items not returned; and
9.14 the Contractor will not represent him or herself as being in any way connected with or interested in the Business, the Company, or any Related Entity of the Company other thanas directed by the Company from time to time.
Note – Any termination of this Agreement shall not affect any accrued rights or liabilities of either party, nor shall it affect any provision of this Agreement which is expressly or by implication intended to continue in force after such termination
10. Pending Payments:
10.1 Pending payment refers to the amount not received from the customer
10.2 The company will retain 100% of the pending payment from the contractor’s payout and will release it once the amount is received from the customer.
11. Liability of Complaints:
11.1 The Contractor shall be liable for any complaints arising from the services provided by them or their employees. The Contractor shall promptly address and resolve any complaints brought to their attention by the Company or its customers.
11.2 The complaint will be negotiated by the Complaints Team and the agreed amount will be compensated by the contractor.
12. Availability Requirement:
12.1 The Contractor shall maintain availability for services as agreed upon between the parties. Any unavailability must be communicated to the Company with reasonable notice. Late notification of unavailability may result in penalties as outlined in Exhibit A.
13. . Contractor’s Obligations:
The Contractor shall:
13.1 act in an honest, open, ethical, and bona fide manner and in accordance with efficient and
sound business practices.
13.2 faithfully and diligently perform its obligations under this Agreement and not act in any manner which may be likely to bring the Company into disrepute.
13.3 not make any representation or warranties on behalf of the Company except as are expressly authorized by the Company.
13.4 comply with the Company’s requirements with respect to professional indemnity insurance as notified to the Contractor from time to time.
13.5 maintain all relevant permits, licenses, and insurances to enable the Contract or to properly provide the Services.
13.5 comply with the reasonable directions given or made from time to time by the Company or the Principals.
13.6 act in the Company’s best interests; and use the Contractor’s best endeavours to protect and promote the Company’s reputation.
The Contractor must not:
13.7 act, or be seen to act, in conflict with the Company’s best interests; or
13.8 amend, vary, or modify any policies, documents, forms, or other materials drafted or prepared by the Company and in particular the Manuals and other Intellectual Property associated with the Services, without having obtained the prior written approval from the Company.
13.9 at any time induce, or attempt to induce, any person who is or was at any time a customer of the Company in connection with the Business away from the Company.
Note – The Contractor may subcontract or delegate the Services to a third party if the Contractor has obtained written consent from the Company. In the event the Contractor sub-contracts or delegates the Services to a third party, the Contractor will be held liable for the Services completed by the third party as if the Services were completed by the Contractor under this Agreement.
14. Review Rating:
14.1 The Contractor is required to maintain a review rating of 5 stars or higher for at least 30% of the jobs undertaken. Failure to comply with this requirement may result in immediate termination of the contract.
15. Admin Fee:
15.1 The Contractor shall be subject to an administrative fee as outlined in Exhibit A for any administrative tasks performed by the Company on behalf of the Contractor.
16. Entire Agreement:
16.1 This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior agreements, negotiations, and understandings, whether oral or written.
17. Governing Law and Jurisdiction:
17.1 This Agreement is governed by Victorian law and the parties submit to the exclusive jurisdiction of the courts of the State of Victoria in relation to this Agreement.
18. ACKNOWLEDGEMENTS
18.1 Each of the parties acknowledges that they have the right to receive independent legal advice before executing this Agreement as to the following matters: –
18.1.1 The effect of this Agreement upon their rights; and
18.1.2 At the time the advice was provided, the advantages and disadvantages to them of making the Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.