SQUARETECH PERTH SERVICE AGREEMENT

THIS GENERAL SERVICE AGREEMENT (the “Agreement”) dated this ________ day of ________________, ________

BETWEEN:

CLIENT

____________________________________________________

CONTRACTOR

SquareTech Perth Dianella, WA 6059
 
  1. BACKGROUND
  2. The Client is of the opinion that the Contractor has the necessary qualifications, experience and abilities to provide services to the Client.
  3. The Contractor is agreeable to providing such services to the Client on the terms and conditions set out in this Agreement.

IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Contractor (individually the “Party” and collectively the “Parties” to this Agreement) agree as follows:

  1. SERVICES PROVIDED 
  2. The Client hereby agrees to engage the Contractor to provide the Client with the following services (the “Services”):
    • Computer Repair Services, IT Support and Website Services.
  3. The Services will also include any other tasks which the Parties may agree on. The Contractor hereby agrees to provide such Services to the Client.
  4. TERM OF AGREEMENT
  5. The term of this Agreement (the “Term”) will begin on the date of this Agreement and will remain in full force and effect until the completion of the Services, subject to earlier termination as provided in this Agreement. The Term of this Agreement may be extended with the written consent of the Parties.
  6. In the event that either Party wishes to terminate this Agreement prior to the completion of the Services, that Party will be required to provide one day’s written notice to the other Party.
  7. PERFORMANCE
  8. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
  9. CURRENCY
  10. Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in AUD (Australian Dollars).
  11. PAYMENT
  12. The Contractor will charge the Client for the Services as follows (the “Payment”):
    • $69 for the first 45 minutes and $25 every 15 minutes thereafter.
      For any jobs taken off-site, the technician will discuss a fixed price.
  13. Invoices submitted by the Contractor to the Client are due upon receipt.
  14. In the event that this Agreement is terminated by the Client prior to completion of the Services but where the Services have been partially performed, the Contractor will be entitled to pro rata payment of the Payment to the date of termination provided that there has been no breach of contract on the part of the Contractor.
  15. The Contractor is responsible for paying any Superannuation Guarantee contributions that may be required in relation to the work performed by the Contractor or by employees of the Contractor under this Agreement.
  16. REIMBURSEMENT OF EXPENSES
  17. The Contractor will be reimbursed from time to time for reasonable and necessary expenses incurred by the Contractor in connection with providing the Services. 
  18. Pre-approval is not required for expenses.
  19. CONFIDENTIALITY
  20. Confidential information (the “Confidential Information”) refers to any data or information relating to the Client, whether business or personal, which would reasonably be considered to be private or proprietary to the Client and that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.
  21. 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 Client or as required by law. The obligations of confidentiality will apply during the term of this Agreement and will survive indefinitely upon termination of this Agreement.
  22. All written and oral information and material disclosed or provided by the Client to the Contractor under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to the Contractor.
  23. OWNERSHIP OF INTELLECTUAL PROPERTY
  24. All intellectual property and related material (the “Intellectual Property”) that is developed or produced under this Agreement, will be the property of the Contractor. The Client is granted a non-exclusive limited-use license of this Intellectual Property. 
  25. Title, copyright, intellectual property rights and distribution rights of the Intellectual Property remain exclusively with the Contractor.
  26. RETURN OF PROPERTY
  27. Upon the expiry or termination of this Agreement, the Contractor will return to the Client any property, documentation, records, or Confidential Information which is the property of the Client.
  28. In the event that this Agreement is terminated by the Client prior to completion of the Services the Contractor will be entitled to recovery from the site or premises where the Services were carried out, of any materials or equipment which is the property of the Contractor or, where agreed between the Parties, to compensation in lieu of recovery.
  29. CAPACITY/INDEPENDENT CONTRACTOR
  30. 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 Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.
  31. NOTICE
  32. 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 at the following addresses: 
    1. ______________________
      ______________________________
    2. SquareTech Perth
      Dianella, WA 6059

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

  33. AUSTRALIAN BUSINESS NUMBER (ABN)
  34. The Australian Business Numbers (ABN’s) for the Parties to this Agreement are as follows: 
    1. ______________________: ______________________
    2. SquareTech Perth: 51594723773
  35. INDEMNIFICATION
  36. Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.
  37. ADDITIONAL CLAUSE
  38. – CLIENT agrees to release and hold harmless SquareTech Perth and its service Representatives from any and all liability associated with performance of service or the provision of parts, and acknowledges that SquareTech Perth offers neither an explicit or implied warranty or guarantee, for the services performed or the parts provided, other than the manufacture’s warranty.

    – Client grants SquareTech Perth and its service representatives, permission to physically access Clients home or office property where Clients computer systems and/or network reside.

    – SquareTech Perth strongly advises clients to safeguard critical data by backing up your data prior to any service performed by SquareTech Perth unless specifically requested and provided as a paid service by SquareTech Perth. Client is responsible for any backup, archiving, or storage as well as restoring data.

  39. MODIFICATION OF AGREEMENT
  40. 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 authorised representative of each Party.
  41. TIME OF THE ESSENCE
  42. Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.
  43. ASSIGNMENT
  44. 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 Client.
  45. ENTIRE AGREEMENT
  46. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.
  47. ENUREMENT
  48. This Agreement will enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.
  49. TITLES/HEADINGS
  50. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.
  51. GENDER
  52. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
  53. GOVERNING LAW
  54. This Agreement will be governed by and construed in accordance with the laws of the State of Western Australia.
  55. SEVERABILITY
  56. 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.
  57. WAIVER
  58. 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.
 
 

IN WITNESS WHEREOF the Parties have duly affixed their signatures under hand and seal on this ________ day of ________________, ________.