This Exclusive Contractor Agreement is designed for use when a company requires the dedicated and exclusive services of an independent contractor in Australia. The document establishes a commercial relationship where the contractor agrees to provide services exclusively to the principal company, typically in situations requiring specialized skills, ongoing commitment, or handling of sensitive information. It includes comprehensive provisions addressing service scope, exclusivity terms, intellectual property rights, confidentiality, and compliance with Australian legislation, particularly the Independent Contractors Act 2006 (Cth) and relevant state laws. This agreement is particularly suitable when the principal company seeks to secure dedicated contractor services while maintaining the contractor's independent status rather than creating an employment relationship.
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1. Parties: Identifies and provides full details of the contracting parties
2. Background: Sets out the context and purpose of the agreement
3. Definitions and Interpretation: Defines key terms and establishes interpretation principles
4. Engagement and Scope: Establishes the exclusive contractor relationship and defines the scope of services
5. Term and Renewal: Specifies the duration of the agreement and any renewal provisions
6. Contractor Obligations: Details the contractor's duties, responsibilities, and performance standards
7. Company Obligations: Outlines the company's responsibilities and commitments
8. Exclusivity Provisions: Details the exclusive nature of the relationship and any restrictions on working with competitors
9. Fees and Payment Terms: Specifies compensation, payment schedule, and expense arrangements
10. Intellectual Property Rights: Addresses ownership and usage of intellectual property created during the engagement
11. Confidentiality: Protects confidential information and trade secrets
12. Insurance and Liability: Sets out insurance requirements and liability limitations
13. Termination: Specifies circumstances and procedures for ending the agreement
14. Post-Termination Obligations: Outlines obligations that survive after the agreement ends
15. General Provisions: Includes standard boilerplate clauses such as notices, governing law, and dispute resolution
1. Equipment and Resources: Include when the contractor needs specific equipment or resources to perform services
2. Subcontracting: Include if the contractor may need to engage subcontractors
3. Performance Metrics: Include when specific performance measures or KPIs are required
4. Training Requirements: Include when specific training or certifications are necessary
5. Work Health and Safety: Include detailed WHS provisions for high-risk industries
6. Data Protection: Include when the contractor will handle personal or sensitive data
7. Non-Solicitation: Include to prevent poaching of clients or employees
8. Force Majeure: Include for long-term contracts or when service continuity is critical
9. Change Control: Include when scope or services may need to change during the term
10. Audit Rights: Include when compliance monitoring or financial auditing is necessary
1. Schedule 1 - Services Description: Detailed description of services to be provided
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule 3 - Service Levels: Performance standards and service level requirements
4. Schedule 4 - Key Personnel: Details of key individuals involved in service delivery
5. Schedule 5 - Approved Subcontractors: List of pre-approved subcontractors if applicable
6. Schedule 6 - Company Policies: Relevant company policies the contractor must comply with
7. Appendix A - Insurance Requirements: Detailed insurance requirements and minimum coverage
8. Appendix B - Confidential Information: Specific details of confidential information and handling requirements
9. Appendix C - Equipment List: List of any equipment provided or required
10. Appendix D - Compliance Requirements: Specific regulatory or compliance requirements
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Professional Services
Construction
Engineering
Healthcare
Creative Industries
Management Consulting
Financial Services
Mining and Resources
Education and Training
Manufacturing
Research and Development
Digital Media
Telecommunications
Relevant Teams
Legal
Human Resources
Procurement
Operations
Finance
Risk and Compliance
Commercial
Project Management Office
Business Development
Executive Leadership
Relevant Roles
Chief Executive Officer
Managing Director
Legal Counsel
HR Director
Procurement Manager
Project Manager
Operations Manager
Department Head
Business Unit Manager
Contract Administrator
Risk Manager
Compliance Officer
Finance Director
Commercial Manager
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