1)
AGREEMENT. In this
Agreement, the party who is contracting to receive the services
shall be referred to as the "Client" and the party who will be
providing the services shall be referred to as "WJS Secretarial
Services". For the avoidance of doubt, if the Client provides WJS
Secretarial Services with work and/or instructions enabling WJS
Secretarial Services to carry out the Services, the terms and
conditions contained within this Agreement will bind both the Client
and WJS Secretarial Services.
2)
DESCRIPTION OF SERVICES.
WJS Secretarial Services will provide the services as set out in
verbal or written communication (collectively, the "Services"): The
Services must be supplied:
a.
To the best of WJS
Secretarial Services’ ability and knowledge.
b.
In accordance with
reasonable technical directions given by the Client to WJS
Secretarial Services.
c.
In compliance with all
applicable standards, awards, laws and regulations.
3)
TELEPHONE ANSWERING
SERVICES. Holiday cover is payable in advance of services
starting. Cover is from Monday to Friday 9am to 5.30pm unless
otherwise agreed between WJS Secretarial Services and the Client.
4)
PAYMENT FOR SERVICES. In
consideration of the provision of the Services, the Client will pay
compensation to WJS Secretarial Services for the Services based on
the rate agreed upon, within seven (7) days of receipt of an
Invoice.
5)
CREDIT TERMS. For regular
ongoing monthly Clients, credit terms are available upon request.
6)
LATE/NON-PAYMENT. We
understand and will exercise our statutory right to claim interest
and compensation for debt recovery costs under the late payment
legislation if we are not paid according to agreed terms under this
Agreement.
7)
PAYPAL PAYMENTS. WJS
Secretarial Services makes available the option to pay by credit or
debit card through Paypal. If Clients wish to make use of this
service then a charge of 3.5% should be added to the invoice total.
8)
PAYMENT GUARANTEE. The
Client guarantees to WJS Secretarial Services the due and punctual
payment of any sum payable by the Client to WJS Secretarial
Services. Preferred method of payment is by direct deposit into the
bank account of WJS Secretarial Services. However, payment may also
be made by personal or company cheque or by credit or debit card
through Paypal.
9)
TERM/TERMINATION. This
Agreement comes into force when the Client provides work to WJS
Secretarial Services and remains in force for as long as the Client
provides work to WJS Secretarial Services. For the avoidance of
doubt, this Agreement may be terminated by either party without
notice at any time for any reason by informing the other party of
the decision. Upon termination of services by either party, all
work completed by WJS Secretarial Services on behalf of the Client
will be payable by the Client under the agreed payment terms.
10)
RELATIONSHIP OF PARTIES.
It is understood by the parties that WJS Secretarial Services is and
shall remain an independent contractor with respect to the Client
and not an employee of the Client and cannot bind the Client. The
Client will not provide fringe benefits, including health insurance
benefits, superannuation, paid vacation, or any other employee
benefit, for the benefit of WJS Secretarial Services. WJS
Secretarial Services and the Client agree to the following rights
consistent with an independent contractor status:
a.
WJS Secretarial Services
has the right to perform services for others during the term of this
Agreement.
b.
WJS Secretarial Services
has the sole right to control and direct the means, manner and
method by which the services required by this Agreement will be
performed.
c.
WJS Secretarial Services
has the right to hire assistants as subcontractors, or to use
employees to provide the services required by this Agreement.
d.
WJS Secretarial Services
or WJS Secretarial Services’ employees or subcontractors shall
perform the services required by this Agreement; the Client shall
not hire, supervise or pay any assistants to help WJS Secretarial
Services.
e.
Neither WJS Secretarial
Services nor WJS Secretarial Services’ employees or subcontractors
shall receive any training from the Client in the skills necessary
to perform the services required by this Agreement.
f.
The Client shall not
require WJS Secretarial Services or WJS Secretarial Services’
employees or subcontractors to devote full time to performing the
services required by this Agreement.
11)
SERVICE WAIVER. The
Client hereby agrees that all materials furnished to WJS Secretarial
Services are owned by the Client, or that the Client has permission
from the rightful owner to use such materials, and will hold
harmless, protect, and defend WJS Secretarial Services from any
claim or suit which may arise from the use of such materials.
12)
WORK PRODUCT OWNERSHIP.
WJS Secretarial Services presently assigns to the Client all
existing and future intellectual property rights in all inventions,
models, designs, drawings, plans, reports, proposals and other
materials (collectively the “Work Product”) created or generated in
whole or in part by WJS Secretarial Services in connection with the
performance of WJS Secretarial Services’ obligations under this
Agreement (whether alone or with the Client, its other employees or
contractors) for use by the Client. Upon request, WJS Secretarial
Services shall sign all documents necessary to confirm or perfect
the exclusive ownership of the Client to the Work Product.
13)
CONFIDENTIALITY. WJS
Secretarial Services will not at any time disclose to any third
party any information that is identified as confidential by the
Client. WJS Secretarial Services will protect such information and
treat it as strictly confidential. This provision shall continue to
be effective after the termination of this Agreement. This clause
shall be binding on any employees, agents or subcontractors of WJS
Secretarial Services.
14)
ENTIRE AGREEMENT. This
Agreement contains the entire agreement of the parties, and
supersedes any and all previous representations, warranties,
undertakings, and agreements.
15)
ASSIGNMENT. Either WJS
Secretarial Services or the Client may assign its rights and may
delegate its duties under this Agreement.
16)
NO PARTNERSHIP. This
Agreement does not create a partnership relationship. Neither party
has authority to enter into contracts on the other's behalf.
17)
DELIVERY. The parties may
agree on a timetable for delivery of the Services, which also forms
part of this Agreement. Delivery preferences consist of email, fax
transmission, and standard post. There will be no charge for email,
fax or standard postal charges. However, any non-standard postal
charges, i.e. courier or express delivery charges will be passed to
the Client.
18)
RESPONSIBILITY. WJS
Secretarial Services strives to provide error-free work.
Typographical errors or mistakes which are clearly the fault of WJS
Secretarial Services will be corrected at no charge. Client
revisions will be charged. Final proofreading is the responsibility
of the Client. WJS Secretarial Services is not responsible for any
loss due to clerical errors on our part missed by the Client.
a.
WJS Secretarial Services
assumes no responsibility for consequences resulting from the
provision of information and services, including, but not limited
to, errors or omissions.
b.
All information provided
is intended solely to provide general guidance on matters of
interest for the personal use of the Client, who accepts full
responsibility for its use. It is provided with no guarantee of
completeness, accuracy or timeliness, and without warranty of any
kind.
c.
Information provided does
not constitute legal, accounting, tax or consulting advice.
