CONTRACT
BETWEEN:
Harkhark Pty Ltd
(“Harkhark”)
AND:
(“the Contractor”) JURIS COR LEGAL Suite 1506, Level 15
323 Castlereagh St
Sydney NSW 2000
Tel: 02 8373 5326
Fax: 02 8373 5329
THIS CONTRACT dated day of
BETWEEN
Harkhark Pty Ltd (ACN 164 719 251) of c/- Suite 1506, Level 15, 323 Castlereagh Street, Sydney NSW 2000 (“Harkhark”)
And
of
(“Contractor”)
The parties agree as follows:
1 THE WORK
1.1 The Contractor will from the commencement date set out in Schedule A until the
ending date set out in Schedule A provide delivering services and all necessary equipment as required by Harkhark.
1.2 The services shall be provided by the Contractor or employees of the Contractor
and at a price agreed between the parties which price will reflect the requirements of the Harkhark customer at the relevant site and the commercial needs of the parties.
1.3 Equipment and materials sufficient to perform the delivering services required by
Harkhark must be supplied by the Contractor unless specifically agreed otherwise between the parties but at all times shall be of good quality and properly maintained.
1.4 Harkhark and the Contractor will agree on the price and specifications required for
completion of delivering services. When that agreement is reached the parties will sign a separate Services Schedule detailing agreed prices and specifications.
2 PAYMENT
2.1 Harkhark will pay the Contractor for its services in accordance with weekly invoices
supplied by the Contractor.
3 INSURANCE
3.1 The Contractor shall maintain the following insurance policies:
(a) Workers Compensation for all employees of the Contractor engaged in the
provision of services under this Contract.
3.2 The Contractor shall provide Harkhark with Certificates of Currency in respect of all
insurance policies.
3.3 The Contractor shall be responsible for and hereby indemnifies Harkhark against
liability for all loss damage or injury to persons or property caused by the Contractor or its employees and the amount of all claims which may be paid or incurred by Harkhark in respect of any such loss, damage or injury shall be made good at the Contractor's expense and may be deducted from any monies due or becoming due to the Contractor.
4 RELATIONSHIP AND CONTRACT TERMS
4.1 The Contractor is an independent Contractor to Harkhark and nothing in this
Contract shall constitute the relationship of partnership or employer and employee between the parties and it is the express intention of the parties that any such relationships are denied.
5 CONFIDENTIALITY AND RESTRAINT
5.1 The Contractor, its shareholders and directors (jointly and severally) shall not
without the prior written consent of Harkhark approach or communicate with the customers of Harkhark for whom the delivering services specified in this contract are being provided.
5.2 In relation to any customer of Harkhark to whom the Contractor is introduced or
about whom the Contractor receives confidential information, the Contractor, its shareholders and directors (jointly and severally) shall not at any time:
(a) Perform or be in any way involved in providing delivering services for the
customers except when written consent is given by Harkhark;
(b) Interfere with Harkhark’s contracts with the customers; or
(c) Seek to obtain the delivering business of the customers.
5.3 The Contractor, its shareholders and directors (jointly and severally) shall not
disclose any information about the contract price or other confidential information regarding Harkhark’s customers, which have been disclosed to the Contractor.
5.4 The Contractor, its shareholders and directors (jointly and severally) shall not
during or within a period of six (6) months after the termination of the Contract: