In this Agreement the following words and phrases shall have the following meanings unless inconsistent with the context or subject matter:
- “Agreement” means this document which is the agreement between the Contractor and the Company;
- “Assignment” means the particular Services the Contractor is engaged by the Company to complete for the Pet as a result of a particular Booking received by the Company from a Client ;
- "Booking" means the booking made by the Client to the Company for the provision of the Services for the Pet;
- “Client” means the primary owner and caretaker of the Pet who is requesting the Services for the Pet from the Company, or such other person as authorised by the Client in writing to contact and liaise with the Company in relation to the Booking or the Services to be provided to the Pet;
- “Contractor” means the independent contractor (referred to above) engaged by the Company to provide the Services to the Client on behalf of the Company;
- “Company” means the pet sitting and dog walking business operated by First Class Pet Sitting/First Class Pet Wedding Assistants Pty Ltd ABN 23 165 719 853;
- “Invoice” means the tax invoice to be given by the Contractor to The Company at the conclusion of each Assignment;
- "Pet" means the domestic animal owned by the Client for which the Services are to be provided;
- “Services” means the pet sitting and/or dog walking services (including but not limited to wedding assistants, funeral assistants, pet taxis or overnight stays) and the overall care of domestic animals to be provided by the Contractor on behalf of the Company for the Pet.
2. Provision of Services
- The Company engages in providing the Services to Clients.
- The Contractor agrees that he/she is engaged as an independent contractor by the Company to provide the Services on an assignment basis for Clients of the Company at the Client’s premises. The Contractor agrees to respond to Assignment requests in a timely manner and to communicate regularly with the Company via phone, e-mail and/or in person. Once the Contractor agrees to the Assignment, the Contractor agrees to promptly contact the Client to arrange the initial interview, obtain keys for access to the Client’s premises and respond to any questions regarding the provision of the Services.
3. Contractor's Warranties and Acknowledgements
- The Contractor warrants that he/she is a skilled professional or specialist in the area of pet sitting, pet wedding assistant, dog walking and overall pet care and agrees that the Services provided by the Contractor should be of a high standard, nature and quality and should meet the deadlines defined by the Client and Company. The Contractor also agrees that the Services must be completed in a safe manner using proper pet care and/or business techniques.
- The Contractor warrants that the work to be performed pursuant to this Agreement does not violate any agreement between the Contractor and any third party nor infringe any copyright, patent or other proprietary right held by a third party.
- The Contractor acknowledges and agrees he/she is remunerated on a commission only basis.
- The Contractor acknowledges and agrees that no other person or animal is to attend the Client’s premises with the Contractor.
- The Contractor acknowledges and agrees that the terms and conditions outlined in this Agreement apply until this Agreement is terminated by either party, unless otherwise stated.
- The Contractor agrees to continue updating his/her knowledge of optimal pet care methods and industry standards.
- The Contractor agrees to carry out all assignments in a timely and professional manner.
4, Relationship between the Parties
- The Contractor agrees he/she will carry out work on an assignment basis only and understands that nothing in this Agreement shall be construed as creating an employer-employee relationship, nor is there an intention for the Contractor to become a partner, agency nor permanent full-time, part-time nor casual employee of the Company.
- The Contractor understands there is no guarantee of future employment or engagement and there is no obligation to offer ongoing work to the Contractor.
- The Contractor acknowledges and agrees that he/she is engaged as an independent contractor and that neither this Agreement nor the provision of the Services shall create any relationship of employer and employee or partnership between the Company and the Contractor.
- The Contractor acknowledges and agrees that the Contractor shall be solely liable and shall have no claim upon the Company in respect to annual leave, public holidays, sick leave, long service leave, superannuation, severance payments on redundancy or other entitlements relating to the relationship between an employer and employee.
- The Contractor agrees that he/she will not represent, imply or hold out to any third party that he/she is an employee, servant or agent of the Company and without limiting such obligation the Contractor shall not be entitled to bind or purport to bind the Company in any way.
- The Contractor will provide such accommodation facilities and materials it requires to provide the Services listed in Clause 5.
- The Contractor must at its own expense provide any motor vehicles required to provide the Services listed in Clause 5. All motor vehicle expenses associated with the provision of the Services, including, without limitation, car parking, fees, petrol, maintenance, insurance and repair costs, are payable by the Contractor.
- All equipment shall be provided by the Contractor at his/her own expense, including the cost of telephone expenses.
- The Company acknowledges that the Contractor is in the business of providing similar Services to other organisations and entities and agrees that the Contractor is at liberty to provide similar services to other organisations and entities.
- The Contractor recognises and understands that in relation to tax, he/she will be required to file an individual tax return and to pay taxes in accordance with all provisions of applicable Federal and State law. The Contractor hereby promises and agrees to indemnify the Company for any damages and expenses, including legal costs incurred by the Company as a result of the Contractorʼs failure to make such required payments.
5. Services and Responsibilities of the Contractor
The following Services shall be provided by the Contractor on behalf of the Company:
- Pet Sitting (Dogs, Cats, Fish, Birds, Guinea Pigs, Chickens, Rabbits or any other domestic pet)
- Dog walking
- Pet Wedding Assistant
- Pet Funeral Assistant
- Pet Taxi
- Free Initial Interview with client
- Key pick up and drop off
- Additional services included as part of the overall provision of the Services, as applicable from time to time in completing the Assignment, including but not limited to, picking up and disposing of waste, administering some medications, taking rubbish bins in and out, plant watering, turning on/off inside lights, opening/closing curtains, mail and newspaper collection, all standard pet care duties and daily SMS/MMS picture updates to the Client.
6. Hours of Work
- The locality and hours of work will be stipulated by the Client and will differ between Assignments.
- The locality will be the client’s premises, wedding venue or any wedding photo location.
- In consideration for the provision of the Services pursuant to the Assignment, the Company shall pay the Contractor no less than 40% gross amount received from the Client for each Assignment ("the Commission").
- Prior to commencement of the Assignment, the Company will advise the Contractor of gross remuneration for the Assignment. The Contractor agrees to the gross remuneration by committing to the Assignment.
- Within 7 days of completing the Assignment, the Contractor shall provide an Invoice to the Company for the Commission payable by the Company to the Contractor for that Assignment.
- Where the Contractor is registered for GST, he/she should include the GST in his/her invoice to the Company.
- The Contractor acknowledges and agrees that a failure to submit a correct Invoice by this time means the Commission payment may be deferred for one week (i.e. 7 days).
Subject to clause 7(f), The Company will process the invoice within three (3) days from the day the invoice is received by the Company.
- The Contractor agrees to contact the Company regarding any inability to complete an Assignment at least forty- eight (48) hours prior to the requested start time for the provision of the Services pursuant to the Assignment.
9. Change of Duties
- The Contractor shall not agree to any changes in relation to the provision of the Services without conferring with the Company first and ensuring any necessary paperwork has been updated and the Client has provided its consent to the changes to the duties and signed all necessary paperwork to that effect.
- If the Client instructs the Contractor to change his/her duties forming part of the provision of the Services from what was originally requested by the Client on the first Booking form, the Contractor agrees to immediately contact the Company to inform them of the changes and agrees to instruct the Client to contact the Company immediately to further discuss same.
a) Either party may terminate this Contract at any time, without reasons, by giving to the other party not less than forty- eight (48) hours written notice of such termination.
b) The determination of this Agreement shall not affect the rights of the parties accrued before or upon or as a result of the termination. If the Agreement is terminated, the Contractor will be entitled to receive payment only for the Services provided up to the time of the termination.
11. Return of Property
- Upon termination of this Agreement, or whenever requested by the Company, the Contractor shall immediately deliver to the Company all property belonging to the Company including but not limited to, proprietary information, customer lists, trade secrets, intellectual property, documents, recordings, software, and all related records.
- The Contractor agrees that he/she will indemnify, defend, and hold the Company and its successors, officers, directors and agents harmless from any and all actions, causes of action, claims, demands, cost, liabilities, expenses and damages (including legal costs) that may occur while performing the Services described herein or arising out of, or in connection with any breach of this Agreement by the Contractor.
- The Company shall take no responsibility for any acts or defaults of the Contractor.
- The Company shall take no responsibility for any damage which may occur to the Contractor’s vehicle by any pet(s). The Contractor accepts full responsibility for taking precautions for having pet(s) in their car and protecting the pet along with their vehicle.
- Before providing the Services, the Contractor must take out:
i). Public liability insurance to cover liability to third parties for loss or damage to property and death or injury to any person; and
ii). Workers' compensation insurance in respect of any workers of the Contractor; and
iii). Pet in transit insurance.
- Each of the above policies must be maintained during the term of this Agreement and, if requested by the Company, the Contractor must provide the Company with a copy of the relevant certificate of currency.
13. Eligibility to Work
- Prior to signing this Agreement, the Contractor agrees to provide evidence of eligibility to work in Australia by providing copies of his/her Australian Citizenship Certificates, Australian or New Zealand passports, Permanent Residency Visa, Work Permit (relevant class) or any other documentation approved by the Federal legislation laws which has been certified by a Solicitor, Justice of the Peace or Commissioners for Oaths.
- The Contractor will provide the Company with a copy of his/her Queensland National Police Certificate which has been certified by a Solicitor, Justice of the Peace or Commissioners for Oaths.
- The Contractor agrees to maintain valid vehicle registration, insurance and Australian Driver’s Licence documentation at all times.
- Unless required by law, the Contractor agrees not to disclose or communicate, in any manner, either during or after the Contractor’s agreement with the Company, proprietary information about the Company or any information pertaining to the Client or the Company.
- On conclusion of the Assignment, all confidential information and property shall be returned to the Company or the Client, as applicable and any electronic or hard copies of confidential information shall be destroyed by the Contractor.
The Contractor recognises the proprietary interest of the Company. Any information received by oral, written, email, material disclosure, electronic transmission, by demonstration of the Company’s products and services, or by other means by the Client, the Company or the Contractor in performing the Services is considered confidential. The Contractor agrees not to share the following information with any third party: proprietary information about the Company that relate to the business of the Company including, but not limited to, the names of its customers, its marketing strategies, operations, a trade secret, a customer list, a prospect list, exercise methods, programs, processes, unpublished materials, products, trademarked assets, additional programs and offerings to be added and all other confidential information or other form of proprietary information of the Company.
15. Assignment Requirements
- The Contractor agrees to return all of the Client’s property including keys, within 24 hours of the conclusion of each Assignment, unless otherwise agreed with the Company.
- The Contractor acknowledges and agrees that all keys will at all times remain the property of the Client and upon the conclusion of the provision of the Services, subject to clause 14(c), the Contractor will ensure the keys are returned to the Client. The Contractor must use its best endeavours to ensure that the Client's keys remain secure at all times and acknowledges that should he/she be responsible for the keys being lost or misplaced, the Contractor will bear the costs of replacing the lost key(s).
- If the Contractor is required to keep the Client’s key(s) on file, the key(s) must be clearly tagged with the Client’s name and Pet name only. The Client’s address must not be written on the key tag for privacy and safety reasons.
- If either party terminates this Agreement, all Client’s keys and other property must be returned by the Company within 24 hours of the termination of the contract.
- At the conclusion of each Assignment, the Company recommends the Contractor sends various SMS and MMS to the Client as evidence of his/her work. The Contractor must also send a confirmation SMS to the Company stating she/she has completed the Assignment.
16. Restraint of Trade Clause
- The Contractor will not, during this Agreement and for a period of one year immediately following termination of this Agreement, either directly or indirectly, call on, solicit, or take away, or attempt to call on, solicit, or take away, any Client either for the Contractor's own benefit, or for the benefit of any other person, firm, corporation, or organisation.
17. Dispute Resolution
- If a dispute arises in connection with this Agreement then a party may only deal with that dispute in the manner set out in this clause.
- A party to a dispute which arises in connection with this Agreement may give to the other party or parties to the dispute a notice specifying the dispute and requiring its resolution under this clause.
- Within seven (7) days after a notice is given under clause 17(b) (or such longer period as is agreed in writing by the parties to the dispute) each party to the dispute must use its best efforts to resolve the dispute in good faith.
- If despite the parties' best efforts a dispute is not resolved within seven (7) days after notice a party may by notice to the other party refer the dispute for mediation in accordance with the Mediation Rules of The Institute of Arbitrators and Mediators Australia. The mediation will be conducted by a mediator to be appointed by agreement of the parties or in default of agreement to be appointed by the President of the Queensland Law Society or his nominee at the request of a party.
- If the dispute is not resolved within 28 days after the appointment of the mediator any party may take legal proceedings to resolve the dispute.
- The provisions of this clause do not prevent any party from obtaining any injunctive, declaratory or other interlocutory relief from a Court which may be urgently required.
18. Obligations of the Contractor in relation to the Reputation of the Company
- The Contractor agrees on its own part and on behalf of its personnel and/or substitutes as follows:
i). to uphold the reputation of the Company and its Clients by acting in a professional manner at all times and at no time will he/she carry out any activity or act which shall prejudice the goodwill, reputation or commercial standing of the Company;
ii). not to engage in any conduct detrimental to the interests of the Company or the Client including any conduct tending to bring the Company or the Client into disrepute or which results in loss of custom or business for the Company or the Client;
iii). to take all reasonable steps to safeguard his/her own safety and the safety of any person or persons who may be affected by his/her work in relation to the Services;
iv). to furnish the Company with any progress reports as may be requested from time to time;
v). to comply with all Australian Taxation and GST Legislation;
19. Policies and Procedures
- The Contractor shall adhere to the policies and procedures of the Company as varied from time to time except to the extent that such policies and procedures do not form part of the terms of this Agreement. As part of this requirement, the training/procedures manual provided to the Contractor must be followed at all times.