Terms, conditions & rates
•1. CONTRACT FOR SERVICES
This agreement is to formally set out the terms of the agreement and engagement
operated by Cheval Graham
and the client who has supplied details in the digital agreement
• 2. WHEREAS:
a) The Client carries on the business of Dairy farming operations.
b) The Contractor has agreed to provide services related to Dairy farming operational services (hereinafter named The Service).
c) The Client desires to engage the contractor to provide the Service and the Contractor has agreed to accept the engagement subject to the terms and conditions hereinafter provided.
• 3. DURATION OF AGREEMENT:
The term of this agreement will commence on the date a written or digital application is completed
And terminate when either party gives written notice.
• 4. CONTRACTOR OBLIGATIONS:
a) The Contractor shall carry out their Service to the best of their ability and to a standard acceptable to the Client. The individual Contractor has undertaken to provide the Service and may subcontract the Service to any other staff and/or party operating under the Farmtask brand.
b) Where the contractor is so authorised, the Contractor shall ensure that the staff engaged by the Contractor will be suitably qualified. In this respect, the Client will be entitled to inspect and approve a list of personnel along with their qualifications that may be involved in providing the service. Without prejudice to the generality of the clause headed "Termination" herein, the Client shall be entitled to terminate the contract forthwith if it is not satisfied with the professional skill of any or any alternative members of staff used or nominated by the Contractor after consultation with the operator.
• 5. FEES, TERMS AND RELATIONSHIP:
a) During the duration of this agreement, the parties agree that the Contractor shall be an independent contractor and not the servant or employee of the Client.
b) The Contractor will be paid a rate of NZD $32.50 to $40 per hour for the respective service undertaken, and a per visit travel fee (displayed on the website regional map) +GST. Invoices are to be issued on a weekly basis with timesheets included to support hours worked. The payment terms will be 14 days from the date of invoice. The payment will be subject to any direction of the New Zealand Inland Revenue Department and/or any provision of Tax Acts relating to any deduction, retention or other withholding of monies required to be made or affected by the Client in respect of fees for professional services.
c) As an Independent Contractor, the Contractor shall bear exclusive responsibility for the payment of Income Tax contributions, insurances and superannuation contributions on fees received in consideration of the Service rendered under this agreement.
e) The Contractor shall not be entitled to any sick leave, overtime, holiday entitlement nor shall be subject to the legislative code regarding employee’s rights.
f) The Contractor shall be entitled to form a company controlled by the Contractor for the purposes or rendering the service due under this agreement.
• 6. CONFIDENTIALITY:
The Contractor agrees not to disclose any information to third parties, arising as a result of this contract either during or subsequent to this contract. It is hereby agreed by both parties hereto that no publication of the works, or the results of it, shall be made by either party without written consent and that they will not disclose to third parties any information arising as a result of this contract either during or subsequent to this contract.
• 7. INSURANCE AND INDEMNITY:
The Client shall indemnify and keep indemnified the Contractor, sub-contractors, its servants and agents, against all actions, claims, demands, proceedings, damages, costs charges and expenses whatsoever in respect of damage to persons or property brought, made or awarded against, or incurred by (as the case may be) them or any of them, arising from an act of negligence.
The Client shall ensure that they are adequately insured against any risks and public liability which may arise or be occasioned by the provision of the service to be carried out and in particular, ensure that his insurance covers the above indemnity and public liability to its contractor, sub-contractors, servants, and agents.
• 8. TERMINATION:
This contact may be terminated by either party without cause by giving 14 days notice in writing. In the event of improper conduct by the Contractor, or failure to comply with the terms hereof to the satisfaction of the Client, the engagement may be terminated with 14 days notice which case remuneration or compensation will be paid for any unexpired portion of the engagement and payments pro‐rata shall be made according to work carried out by the Contractor, or had agreed to be carried within the 7 days period regardless of termination terms. The agreement may be terminated by the Client immediately in writing:
a) If the Contractor shall become of unsound mind.
b) If the Contractor shall have committed any serious breach or repeated or continued (after warning) material breach of his obligations hereunder or shall have been guilty of conduct tending to bring themselves or the Client into disrepute.
Your Labour & Management Includes:
Taranaki wide service
Full farm management
Relief milking & staff cover
Fixed contracts /casual contracts
Tractor & machinery work
No PAYE or Holiday surcharge
Deductible expense & simple invoicing
$32.5-$40+gst per hour
(see area map for travel rates or contact to query your options)