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Terms and Conditions 1. Definitions 1.1 “Consultant” shall mean Caravan Park Management and its successors and assigns. 1.2 “Client” shall mean the Client or any person acting on behalf of and with the authority of the Client. 1.3 “Services” shall mean all services supplied by the Consultant to the Client and includes any advice or recommendations (and where the context so permits shall include any supply of Services as defined supra). 1.4 “Relief/Permanent Manager” shall mean any person or persons placed with a Client for the purpose of fulfilling a contract as relief/permanent management. 1.5 “Fee” shall mean the cost of the Services as agreed between the Consultant and the Client subject to clause 4 of this contract. 1.6 “Manager” shall mean any person or persons placed with a Client, or taking on a management position as a result of a Relief Manager placement, for the purpose of accepting a full time position either as an employee or as a contractor. 2. Acceptance 2.1 Any instructions received by the Consultant from the Client for the supply of Services and/or the Client’s acceptance of Services supplied by the Consultant and/or an arrangement to interview a Relief Manager introduced by the Consultant and/or Commencement of the Relief Manager shall constitute acceptance of the terms and conditions contained herein. 2.2 Upon acceptance of these terms and conditions by the Client the terms and conditions are irrevocable and can only be rescinded in accordance with these terms and conditions or with the written consent of the manager of the Consultant. 2.3 None of the Consultant’s agents or representatives are authorised to make any representations, statements, conditions or agreements not expressed by the manager of the Consultant in writing nor is the Consultant bound by any such unauthorised statements. 2.4 Where more than one Client has entered into this agreement, the Clients shall be jointly and severally liable for all payments of the Fee. 2.5 All information regarding Relief/Permanent Managers whether written or verbal, is supplied in confidence and is not to be disclosed to any other party without the express written consent of the Consultant. 3. Services 3.1 The Services are as described on the invoices, quotation, work authorisation or any other work commencement forms as provided by the Consultant to the Client. 3.2 The Consultant undertakes to use its best endeavours to provide Relief /Permanent Managers as requested by the Client. 4. Fee Structure 4.1 At the Consultant’s sole discretion; (a) the Services Fee shall be as indicated on invoices provided by the Consultant to the Client in respect of Services supplied; or (b) The Fee shall be the Consultant’s current Fee at the date of delivery of the Services according to the Consultant’s current Fee list; or (c) The Fee shall be the Consultant’s quoted Fee which shall be binding upon the Client provided that the Client shall accept either verbally or in writing the Consultant’s quotation prior to the commencement of the job. 4.2 At the Consultant’s sole discretion a deposit may be required. The deposit amount or percentage of the Fee will be stipulated at the time of the order of the Services and shall become immediately due and payable. 4.3 Should a Relief/Permanent Manager be offered a permanent position within six (6) months of the date of the temporary contract then a separate Placement Fee will be charged according to the Fee Schedule (refer to clause 4.1 above). 4.4 Should the Client pass on an introduction to any other party for the purposes of onward placement a “Placement Fee” will apply. 4.5 Should the client arrange a further contract with relief/permanent managers supplied by the Consultant without arranging the contracts through the Consultant the Client will no longer be considered for future contracts unless service or placement fees are paid in relation to the private contracts arranged. 5. Payment 5.1 Time for payment for the Services shall be of the essence and will be stated on the invoice, quotation or any other order forms. If no time is stated then payment shall be on delivery of the Services. 5.2 At the Consultant’s sole discretion payment may be due at the date of this agreement. 5.3 Unless agreed to in writing by the Consultant, Relief Managers are supplied on the understanding that all accounts are payable fourteen (14) days from the date of invoice. 5.4 At the Consultant’s sole discretion, payment for approved Clients shall be due on fourteen (14) days following the end of the month in which a statement is posted to the Client’s address or address for notices. 5.5 Payment will be made by cash on delivery, or by cheque, or by bank cheque, or by money order, or by direct credit, or by electronic banking, or by any other method as agreed to between the Client and the Consultant. 5.6 The Fee shall be increased by the amount of any GST and other taxes and duties which may be applicable, except to the extent that such taxes are expressly included in any quotation given by the Consultant. 6. Delivery Of Services 6.1 The failure of the Consultant to deliver shall not entitle either party to treat this contract as repudiated. 6.2 The Consultant shall not be liable for any injury, loss and damage or expenses incurred by the Client in connection with the supply of or failure to supply Relief Managers pursuant to these terms and conditions regardless of any errors or mistakes, negligence, dishonesty, misrepresentation or otherwise is such acts are performed by any employment consultant engaged on behalf of The Consultant or Relief/Permanent Managers supplied pursuant to these terms and conditions. 7. Clients Disclaimer/Indemnity 7.1 The Client hereby disclaims any right to rescind, or cancel the contract or to sue for damages or to claim restitution arising out of any misrepresentation made to him by any servant or agent of the Consultant and the Client acknowledges that he buys the Services relying solely upon his own skill and judgement. 7.2 The Client undertakes to indemnify the Consultant against any loss or damages suffered and/or any costs incurred by the Consultant as a result of any direct or indirect consequence of the employment of Relief/Permanent Managers including but not limited to circumstances involving contributory negligence. This also includes Armed Hold-Ups or assaults occurring in the exercise of this contract. 7.3 In no circumstances shall the Consultant be liable for any personal injury resulting in injury or death, loss and/or damage or expense arising out of or caused by any act or omission of a Relief/Permanent Managers whether or not any such act or omission is negligent, and the Client acknowledges and agrees to indemnify Relief Managers against all such liability whether alleged or proved. The Client is to include all Relief/Permanent Managers in the Clients own public liability insurance cover. 8. Cancellation 8.1 The Consultant may cancel these terms and conditions or cancel delivery of Services at any time before the Services are delivered by giving written notice. The Consultant shall not be liable for any loss or damage whatever arising from such cancellation. 9. The Commonwealth Trade Practices Act 1974 and Fair Trading Acts 9.1 Nothing in this agreement is intended to have the affect of contracting out of any applicable provisions of the Commonwealth Trade Practices Act 1974 or the Fair Trading Acts in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable. 10. Default & Consequences Of Default 10.1 Interest on overdue invoices shall accrue from the date when payment becomes due daily until the date of payment at a rate of 2.0% per calendar month and shall accrue at such a rate after as well as before any judgement. 10.2 If the Client defaults in payment of any invoice when due, the Client shall indemnify the Consultant from and against all the Consultant’s costs and disbursements including on a solicitor and own Client basis and in addition all of the Consultant’s nominees costs of collection. 10.3 Without prejudice to any other remedies the Consultant may have, if at any time the Client is in breach of any obligation (including those relating to payment), the Consultant may suspend or terminate the supply of Services to the Client and any of its other obligations under the terms and conditions. The Consultant will not be liable to the Client for any loss or damage the Client suffers because the Consultant exercised its rights under this clause. 10.4 If any account remains unpaid at the end of the second month after supply of the Services the following shall apply: An immediate amount of the greater of $50.00 or 10.00% of the amount overdue shall be levied for administration ees which sum shall become immediately due and payable. 10.5 In the event that: (a) any money payable to the Consultant becomes overdue, or in the Consultant’s opinion the Client will be unable to meet its payments as they fall due; or (b)the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client; then without prejudice to the Consultant’s other remedies at law (i) the Consultant shall be entitled to cancel all or any part of any order of the Client which remains unperformed in addition to and without prejudice to any other remedies; and (ii) all amounts owing to the Consultant shall, whether or not due for payment, immediately become payable. 11. Privacy Act 1988 The Client agrees for the Consultant to obtain from a credit-reporting Consultant a credit report containing personal credit information about the Client in relation to credit provided by the Consultant. 11.1 The Client agrees that the Consultant may exchange information about Client with those credit providers named in the Application for Credit account or named in a consumer credit report issued by a reporting Consultant for the following purposes: (a)To assess an application by Client; (b)To notify other credit providers of a default by the Client; (c) To exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and (d) To assess the credit worthiness of Client. 11.2 The Client consents to the Consultant being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988). 11.3 The Client agrees that Personal Data provided may be used and retained by the Consultant for the following purposes and for other purposes as shall be agreed between the Client and Consultant or required by law from time to time: (a) provision of Services; (b) marketing of Services by the Consultant, its agents or distributors in relation to the Services; (c) analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to provision of Services; (d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by Client; and (e) enabling the daily operation of Client’s account and/or the collection of amounts outstanding in the Client’s account in relation to the Services. 11.4 The Consultant may give, information about the Client to a credit reporting Consultant for the following purposes: (a) to obtain a consumer credit report about the Client; and or (b) allow the credit reporting Consultant to create or maintain a credit information file containing information about the Client. 12. Consultant Disclaimer 12.1 The Consultant endeavours to provide accurate background on Relief Managers qualifications and experience. However these details are based on information made available by Relief/Permanent Managers and referees. Therefore noresponsibility can be accepted by the Consultant for errors, omissions, or incorrect conclusions. 12.2 Whilst the Consultant makes every effort to submit Relief/Permanent Managers that are suitable for client needs, no liability will be accepted for any loss, or damage, or other costs irrespective of how they are caused which a Client may suffer, or for which a Client may become liable arising out of, or in connection with the introduction of a Relief/Permanent Managers to a Client company. 13. Relief/Permanent Managers 13.1 The Consultant agrees to use its best endeavours to supply suitable, competent Relief/PermanentManagers to its Clients based on the Client’s requirements.The Client agrees to clearly instruct the Consultant of its requirements forRelief/PermanentManagers and to notify the Consultant immediately if there is any change in those requirements. 13.2 In the event that the Consultant receives notice from the Client that the Client is dissatisfied with a Relief/Permanent Managers provided by the Consultant, within four (4) hours of that Relief/PermanentManagers commencing, the Consultant will take urgent action to replace that Relief/Permanent Managers (if applicable). 13.3 Every effort is made by the Consultant to ensure the highest standards of integrity within their Relief/Permanent Managers. However, no responsibility can be accepted by the Consultant for any error, losses, expense, damage or delay arising risk where a Relief/Permanent Managers is required as part of any assignment to handle money’s, securities, valuables or confidential information. 13.4 It is the responsibility of the Client to (a) provide Relief/PermanentManagers with appropriate information, supervision and training to enable them to work safely; and (b) provide Relief/Permanent Managers with a workplace-specific and job-specific induction. This induction is to be completed before the Relief/Permanent Managers commences work with the Client; and (c) familiarise the Relief/Permanent Managers with the Clients operations, facilities, policies and procedures, and properly inform the Consultant of any specific requirements of the job for which the Relief/Permanent Managers has been hired to perform.; and (d) provide safe working conditions and to comply with all statutory and other obligations that are applicable pursuant to Australian law (including, but not limited to, Occupational Health and Safety legislation) to employers and otherwise to treat Relief/Permanent Managers as if they were employed by the Client; and (e)effect and maintain insurance cover in respect of any claims which may be made against the Client by a Relief/Permanent Managers that arise as a result of the Clients occupation of premises, and otherwise in respect of any act or omission in respect of machinery, equipment or vehicle(s) used by Relief /Permanent Managers, and to indemnify the Consultant against any such claims. 13.5 The Client acknowledges that they remain responsible for controlling the manner, time and place in which the Relief/Permanent Managers shall carry out their duties as assigned by the Client and that in doing so the Client shall be liable for all acts and omissions of Relief/Permanent Managers as for Relief/Permanent Managers that have been employed directly by the Client. 13.6 In the event of any disputes or claims, you must notify the Consultant within thirty (30) days of any such occurrence. If the Client shall fail to comply with this provision the Services shall be conclusively presumed to be in accordance with the terms and conditions and free from any disputes or claims. 14. General 14.1 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired. 14.2 All Services supplied by the Consultant are subject to the laws of Queensland and the Consultant takes no responsibility for changes in the law which affect the Services supplied. 14.3 The Consultant shall be under no liability whatever to the Client for any indirect loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by the Consultant of these terms and conditions. 14.4 In the event of any breach of this contract by the Consultant the remedies of the Client shall be limited to damages. Under no circumstances shall the liability of the Consultant exceed the Fee of the Services. 14.5 The Client shall not set off against the Fee amounts due from the Consultant. 14.6 The Consultant reserves the right to review these terms and conditions at any time and from time to time. If, following any such review, there is to be any change in such terms and conditions, that change will take effect from the date on which the Consultant notifies the Client of such change. 14.7 Neither party shall be liable for any default due to any act of God, terrorism, war, strike, lock out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party. 14.8 Neither this agreement nor any rights or obligations hereunder may be assigned or otherwise transferred by either party without the prior written permission of the other. |