Form Cut Service Agreement
For a client to retain ongoing access to the services and the solutions of DMI, the client must sign this agreement below and forward the original signed copy to DMI and be accepted by DMI.
AGREEMENT made this day as indicated at the bottom of this page, by and between Form Cut Pty Ltd trading as, Damage Minimisation International, whose address is 7 Scarborough Way Lonsdale, South Australia, Australia 5160, hereinafter referred to as the “DMI”, and Client and indicated at the bottom of this page, hereinafter referred to as “Client”.
WHEREAS, the Client desires to engage the services of DMI to perform for the Client consulting services regarding the functions for the operation of as an independent contractor and not as an employee; and
WHEREAS, DMI desires to consult with the Board of Directors, the officers of the Client, and the administrative staff, and to undertake for the Client consultation as to the direction of certain functions in said management of; the specification and creation of production information for agreed items.
NOW, THEREFORE, it is agreed as follows:
1. Term. The respective duties and obligations of the contracting parties under this agreement shall be limited to the period of time that it takes to complete the duties and obligations agreed between DMI and the Client by mutual agreement and is preserved between periods of work and may be terminated by either party giving thirty (30) days’ written notice to the other party at an address chosen subsequent to the execution of this agreement and duly communicated to the party giving notice.
2. Consultations. DMI shall be available to consult with the Board of Directors, the officers of the Client, and the heads of the administrative staff, at reasonable times, concerning matters pertaining to the organization of the administrative staff, the fiscal policies of the Client, the relationship of the Client with its employees or with any organization representing its employees, and, in general, the important problems of concern in the business affairs of the Client. DMI shall not represent the Client, its Board of Directors, its officers or any other members of the Client in any transactions or communications nor shall DMI make claim to do so.
3. Liability. With regard to the services to be performed by DMI pursuant to the terms of this agreement, DMI shall not be liable to the Client, or to anyone who may claim any right due to any relationship with the Corporation, for any acts or omissions in the performance of services on the part of DMI or on the part of the agents or employees of DMI, except when said acts or omissions of DMI are due to willful misconduct or gross negligence. The Client shall hold DMI free and harmless from any obligations, costs, claims, judgments, attorneys’ fees, and attachments arising from or growing out of the services rendered to the Client pursuant to the terms of this agreement or in any way connected with the rendering of services, except when the same shall arise due to the willful misconduct or gross negligence of DMI and DMI is adjudged to be guilty of willful misconduct or gross negligence by a court of competent jurisdiction.
4. Compensation. DMI shall receive from the Client for the performance of the services to rendered to the Client pursuant to the terms of the agreement at the following rates in Australian Dollars or as alternatively agreed in writing for work performed by DMI; refer to our current Schedule of Rates. In addition, the Client shall reimburse DMI per diem for any reasonable out of pocket expenses incurred by the Consultant pursuant to the terms of this agreement. DMI shall submit itemized statements of hours of services performed and expenses incurred during any particular month by the fifth (5th) day of the next succeeding month. The amount shall be paid to DMI by the fifteenth (15th) day of the latter month.
5. Arbitration. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration in accordance of the rules of the Fair Work Ombudsman, and judgment upon the award rendered by the arbitrator(s) shall be entered in any court having jurisdiction thereof. For that purpose, the parties hereto consent to the jurisdiction and venue of an appropriate court located in South Australia. In the event that litigation results from or arises out of this Agreement or the performance thereof, the parties agree to reimburse the prevailing party’s reasonable attorney’s fees, court costs, and all other expenses, whether or not taxable by the court as costs, in addition to any other relief to which the prevailing party may be entitled. In such event, no action shall be entertained by said court or any court of competent jurisdiction if filed more than one year subsequent to the date the cause(s) of action actually accrued regardless of whether damages were otherwise as of said time calculable.