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Independent contractor agreement is an agreement between a company that hired an independent contractor under the Independent Contractor Act, 2006 (Cth).
INDEPENDENT CONTRACTOR AGREEMENT AUSTRALIA THIS AGREEMENT (the “Agreement”) is executed on _____day of 20__ (the “Effective Date”) by and between __________________________________________________(the “Company”), a company organized and existing under the Corporations Act 2001 (Cth) located at _________________________ and ___________________________________ (the “Independent Contractor”) an Individual operating under an Australian Business Number (ABN), ________________________________________in the State of ___________ located at ___________________________________________________. BACKGROUND The Company desires to engage and contract for the services of the Contractor to perform certain tasks as described in Schedule A attached to this Agreement . The Contractor desires to enter into this Agreement and perform as an independent contractor for the Company on the terms and conditions set forth below. NOW, THEREFORE, in consideration of the above recitals and mutual promises and conditions contained in this Agreement, the Parties agree as follows: 1. TASKS, DUTIES AND SCOPE OF WORK Parties agree that Contractor shall perform the services as described in Schedule A attached to this Agreement and made part of it. Company has the sole discretion to change to tasks, duties and scope of work from time to time, in consultation with the Contractor. 2. FEES AND PAYMENT Contractor will be paid fees for Services performed as and in the following manner: ______________________________________________________________________________ ______________________________________________________________________________ ___________________________________________________________ 3. TERM AND TERMINATION This Agreement shall commence on the effective date and shall remain in full effect until ______________, unless terminated earlier by one of the following provisions: i. Either party may terminate this Agreement without cause after giving __ days written notice to the other party; ii. Either party may terminate this Agreement with cause at any time upon providing written notice of the reasonable cause therefor to the other party. Reasonable cause includes, but is not limited to, a material violation of a provision of this Agreement, and the commission of any act © Copyright 2010 Docstoc Inc. 1 exposing the other party to liability to others for personal injury or property damage. If the defaulting party is unable to cure the violation within the notice period of 15 days, this Agreement stands terminated at the end of such a notice period; iii. The filing by Company of a voluntary petition in bankruptcy, the institution of proceedings in bankruptcy against Company and the adjudication of Company as bankrupt pursuant to such proceedings; iv. The Company may terminate this Agreement by written notice, if the Contractor: a. is in breach of any provision set out in this Agreement and fails to cure the breach within a reasonable time as determined by the Company ; b. displays insufficient skill, professionalism and expertise to carry the work to the standard required by the Company . 4. STATUS OF INDEPENDENT CONTRACTOR The parties acknowledge that in providing the Services the Contractor acts as an independent Contractor as governed by the Independent Contractor Act, 2006 (Cth) and not as an employee, partner or agent of the Company and the Independent Contractor shall have no authority to act for or to bind the Company in any manner whatsoever other than as expressly contemplated by this Agreement. Contractor agrees that the Contractor shall not be entitled to payment of salary, holiday pay, sick pay, severance pay, long service leave or any other entitlement which an employee has in respect of his or her employer. Contractor shall be solely responsible for all payments in relation to any taxes such as, but not limited to, income tax, PAYGWT, pay-roll tax, sales tax or any other payments imposed on an employer in respect of employees under the law of Australia ; 5. TAXATION i. The Contractor must provide the Company with a valid Australian Business Number (“ABN”); or a completed Australian Tax Office (“ATO”) declaration form relating to reasons for not quoting an ABN. ii. If the Contractor fails to provide the information required under Clause 5(i) the Contractor acknowledges that the Company may be required under the Income Tax Assessment Act 1997 (Cth) to provide a portion of the Fee to the ATO prescribed under the Taxation Administration Act 1953 (Cth). iii. The Contractor warrants that the information
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