Services – Terms & Conditions

1. The Customer hereby agrees to engage the Contractor to provide the Customer with services (the “Services”) consisting of but not limited to:
   • Office Management and Project Estimation Services:
     1. Tendering
     2. Procurement
     3. Order Booking
     4. Site visits and inspections
     5. Attend Project meetings
     6. Project Follow-ups

2. The Services will also include any other tasks which the Parties may agree on. The Contractor hereby agrees to provide such Services to the Customer.

Term of Agreement

3. The term of this Agreement (the “Term”) will begin on the date of this Agreement and will remain in full force and effect indefinitely until terminated as provided in this Agreement.
4. If either Party wishes to terminate this Agreement, that Party will be required to provide 30 days’ notice to the other Party OR pay out a lump sum compensation for 4 weeks’ worth of contracted works.
5. Except as otherwise provided in this Agreement, the obligations of the Contractor will end upon the termination of this Agreement.

Performance

6. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.

 

Currency

7. Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in AUD (Australian Dollars).

Compensation

8. For the services rendered by the Contractor as required by this Agreement, the Customer will provide compensation (the “Compensation”) to the Contractor – as agreed in the signed document. All payments must be paid on the conditions signed in the specific contract.

Fair Payment Clause

9. Customer will, on demand by YDE Solutions Pty Ltd, pay simple interest on a daily basis on any overdue amount, at the rate for the time being fixed under section 2 of the Penalty Interest Rates Act 1983 (Vic).

9.1 For the purposes of clause 9, “overdue amount” means an amount (or part thereof) that is not, or is no longer, disputed in accordance with this Agreement:

(a) that is due and owing under a tax invoice (as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth)) properly rendered by Contractor in accordance with this Agreement.

 

(b) which has been outstanding for more than 30 days from the date of invoice or the date that the amount ceased to be disputed, as the case may

 

9.2 The Customer must agree to accommodate for potential increases in hourly pay rates according to the Australian Commonwealth laws during the progression of their contractual agreement with the Contractor.

 

10. The Compensation will be payable upon completion of the Services. Furthermore, any works conducted on weekends will require the customer to pay in Overtime hourly rates as per Fair work contract.

 

 

 

 

 

Reimbursement of Expenses

12. The Customer will be reimbursed from time to time for all reasonable and necessary expenses incurred by the Contractor in connection with providing the Services hereunder such as transportation and other miscellaneous charges.
13. The Contractor will furnish statements and vouchers to the Customer for all such expenses

Confidentiality

14. Confidential information refers to any data or information relating to the business of the Customer which would reasonably be considered to be proprietary to the Customer including, but not limited to, accounting records, business processes, and client records and that is not generally known in the industry of the Customer and where the release of that Confidential Information could reasonably be expected to cause harm to the Customer.
15. The Contractor agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Contractor has obtained, except as authorised by the Customer. This obligation will survive indefinitely upon termination of this Agreement.
16. The Contractor may not use the Intellectual Property for any purpose other than that contracted for in this Agreement except with the written consent of the Customer. The Contractor will be responsible for any and all damages resulting from the unauthorized use of the Intellectual Property.

Return of Property

18. Upon the expiry or termination of this Agreement, the Contractor will return to the Customer any property, documentation, records, or Confidential Information which is the property of the Customer.

Capacity/Independent Contractor

19. In providing the Services under this Agreement it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Customer acknowledge that this Agreement does not create a partnership or joint venture between them and is exclusively a contract for service.

 

Notice

20. All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties of this Agreement as follows:
    1. Yde Solutions Pty Ltd
       5a Hartnett Cl Mulgrave
       Phone: 0478 742 538
       Email: amit@ydesolutions.com.au

or to such other address as any Party may from time to time notify the other.

Australian Business Number (ABN)

1. The Australian Business Numbers (ABN’s) for the Parties to this Agreement are as follows:
   1. Customer
   2. YDE Solutions Pty Ltd: 94 600 846 400

Insurance

23. The Contractor will be required to maintain Work Cover Insurance including coverage for bodily injury at a level that would be considered reasonable in the industry of the Contractor based on the risk associated with characteristics of this Agreement and only to the extent permitted by law. All insurance policies will remain materially unchanged for the duration of this Agreement.

Modification of Agreement

24. Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party

 

Assignment

26. The Contractor will not voluntarily or by operation of law assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Customer.

Entire Agreement

27. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.

Titles/Headings

29. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.

Gender

30. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.

Governing Law

31. It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the State of Victoria, without regard to the jurisdiction in which any action or special proceeding may be instituted.

Severability

32. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.

Waiver

33. The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.

Public Holiday

34. Any works performed on a Public Holiday according to the Australian Calendar must be paid for by the customer for a full-time working hours at double time and a half.