1. Duration of this agreement
Applicable for all work until it is superseded by a new written agreement.
2. Agreed rate
Payment is based on hourly rate or on a per job basis as agreed. The Worker may select the desired hourly rate. The hourly rate may be accepted in writing by PBF Ltd (PBF). In the case where the rate is accepted in writing that rate becomes part of this agreement.
3. Timesheets
The Worker provides PBF with a Flexitme timesheet on or before 8am Monday each week following the week worked. Late timesheets will result in late payment.
4. Invoicing and payments
The Worker provides PBF with completed invoices as follows;
Work done each week must be invoiced by the following Monday.
Flexitime timesheet entries / invoices must be signed by your project manager and handed to him or emailed to [email protected] each Monday.
Late Flexitime timesheets entries will result in late payments so please get these in on time. Payments are made fortnightly on a Friday.
5. Remedial costs
PBF may deduct or withhold from The Worker any costs incurred from the above payment these include.
a) Tools supplied to The Worker
b) Work done by The Worker that is deemed incomplete or sub standard by PBF.
c) Any costs incurred due to the Worker not meeting the agreed standards or timeframes.
d) Damage to company property company vehicles or traffic fines incurred by the Worker.
e) Administration costs to communicate, document and pay the above. Minimum fee is $10 per transaction.
6. Recovery of costs
PBF is entitled to recover any costs incurred in recovering monies from The Worker this includes;
a) Costs are a result of The Worker failing to repay payments made in error
b) Any costs as per clause 5
c) Interest at a rate of 2% per month if the Worker fails to make payment
d) All recovery or legal costs incurred by including administration time.
7. Contractor and not employment relationship
Unless and employment agreement has been signed the relationship between The worker and PBF is and shall be for all purposes that of Independent Contractor and nothing expressed or implied herein or anywhere within the relationship shall constitute the relationship of employer and employee between the parties.
Upon termination of the Contract, The Contractor is not entitled to any further financial compensation apart from any payment or other monies owing up to the date of termination of this agreement.
8. Conduct of workers
The worker represents PBF and agrees at all times to:
a) Refrain from consuming or being under the influence of alcohol or drugs while on the work site.
b) Be present on site as agreed with PBF during reasonable working hours.
c) Communicate with PBF management when leaving during reasonable work hours before completion of the work.
d) Maintain a high level of communication and courtesy with PBF the client and site staff .
e) Comply with safety regulations on site and take care not to risk the wellbeing of yourself, other staff or the public.
9. Communicating changes of plan, lateness, absence or termination
The worker is committed to keeping timeframes and planning absence and agrees at all times to:
a) Contact PBF in case of sickness at least 1 hour before they are required to start work and more where possible.
b) Arrive on time and complete each job in the agreed timeframe.
c) Where timeframes are not met the Worker will in provide maximum notice to PBF and the client
d) Where possible provide minimum of 3 working days notice of their intention to be unavailable for work
10. Tax and ACC Responsibilities
It is agreed that the payment agreed above are all inclusive. The Contractor accepts that he/ she is liable for any and all income related tax and ACC. In the case of Non GST registered entities we are required to deduct income tax of 20%.
11. Confidential information and intellectual property
The terms of this agreement shall remain confidential to the parties. In the course of this agreement it is acknowledged that the Worker may acquire confidential information relating to the organisation. The Worker agrees to keep this confidential information strictly confidential at all times including after the termination of this agreement. The Worker agrees never to use the information or attempt to use it for its own personal gain or the gain of any other person.
12. Restrain of trade
For a period of 6 months after providing services to PBF the Worker agrees to refrain from;
a) Offering similar services directly or indirectly to customers of PBF.
b) Offering your own services to homeowners or other site staff while in the service of PBF.
c) Enticing staff away from PBF or providing work or employment to contractors or staff of PBF. Actions as described above may result in loss of income for PBF. PBF will seek to recover all such losses and any associated legal costs from the contractor.
13. Posting of photos or information
I will refrain from posting on public websites any images, video or information on PBF activities and client properties. I understand that such images video or information may pose a security or commercial risk to the client or to PBF.
14. Agreement of the parties
It is agreed by both parties (Worker and PBF) that upon signature or electronic acceptance of this contract the Contractor agree to the terms and conditions of the Standard Contractors Agreement.
Go to step 2 and complete the Worker registration form – CLICK HERE.
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