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TERMS AND CONDITIONS OF AGREEMENT FOR EMPLOYERS

1. Commencement and term

1.1 This agreement commences on the acceptance of these terms (byway of ticking that you have read and agree to be bound by these terms) and, subject to earlier termination, may be terminated by either party at any time, in accordance with this Agreement.

1.2 Upon acceptance:

(i) Beam Australia will commence providing the Services to the Client, from time to time; and

(ii) Beam Australia and the Client will do all other things reasonably required to give effect to this Agreement.

2. Payment

2.1 In consideration of the provision of the Services, the Client will make payment of the Fees as set out in clauses 4 and 5 of this Agreement.

2.2 Beam Australia will invoice the Client for the Services and the Client will make payment of the invoice within fourteen (14) days of receiving it.

2.3 If the Client does not make a payment by the date stated in an invoice or as otherwise provided for in the agreement, Beam Australia is entitled to do any or all of the following:

(a) charge a fee of 5% of the invoice value for every week the amount remains unpaid;

(b) require the Client to pay, in advance, for any Services (or any part of the Services) which have not yet been performed; and

3. The Client and Beam Australia’s Obligations

3.1 The Client will use all reasonable endeavours to:

(a) act with the utmost professionalism and courtesy at all times;

(b) co-operate with Beam Australia as it reasonably requires;

(d) comply with the terms of this Agreement;

(e) inform Beam Australia of any matter which may affect or assist the delivery of the Services;

(f) act in good faith at all times towards Beam Australia and provide assistance and co-operation as practicable on Beam Australia’s request; and

(g) provide to Beam Australia, within two (2) Business Days of Beam Australia’s request, any information sought by Beam Australia regarding the delivery of the Services.

3.2 The Client must:

(a) notify Beam Australia, in writing, if it has employed a Candidate, as soon as practicable after the occurrence of the event; and

(b) keep Beam Australia informed as to the progress of employment of any employed Candidate throughout the first 3 month period of their employment with the Client.

3.3 The Client must keep confidential the Confidential Information of a Candidate and / or Independent Contractor and may only disclose it to personnel of the Client who:

(a) have a need to know (and only to the extent that each has a need to know); and

(b) have been directed and have agreed to keep confidential the Confidential Information on terms consistent with this Agreement.

3.4 The Client must comply with all laws, including, but not limited to, workplace laws.

3.5 The Client undertakes and covenants in favour of Beam Australia that it shall take all necessary steps and procedures which it is obliged to take to ensure due compliance.

3.6 The Client must only use the Services in strict accordance with this Agreement, and it agrees that it will not use the Services to compete directly or indirectly with Beam Australia.

3.7 If the Client cannot provide the facilities that Beam Australia reasonably requires (and within the time period) to perform the Services, then any additional costs and expenses which are reasonably incurred by Beam Australia will be paid by the Client.

3.8 Beam Australia will use all reasonable endeavours to:

(a) comply with the terms of this Agreement;

(b) provide the Services as required by the Client from time to time;

(d) take all reasonable steps to ensure that it does not provide any Candidates or Independent Contractors to the Client who do not have the requisite skill, training, expertise and experience to satisfy the Client’s needs;

(e) act in good faith at all times towards the Client and provide assistance and co-operation as practicable on the Client’s request; and

(f) comply with all relevant law.

False and misleading information

3.9 The Client agrees that it will not provide any false or misleading information or information which may mislead or deceive Beam Australia, its clients, or any other party in respect of the Beam Australia Services.

3.10 The Client agrees to provide to Beam Australia with current, complete and accurate, all information supplied/presented and agrees to maintain and update this information in a timely manner and to ensure that such information is up to date at all times. The Client warrants and represents that the information it provides is and shall remain complete, accurate, true and correct.

Authorised use of Web Facilities of Beam Australia

3.11 Only employees approved by Beam Australia who have been issued a user identification and password (“Login”) by Beam Australia shall be authorised and permitted to access the Web Facilities of Beam Australia (“Authorised Users”). Unless otherwise agreed in writing, the Web Facilities and/or Services may not be used by any affiliates, portfolio companies, or other individuals or groups of or within the Client or any third party.

3.12 All Authorised Users shall be subject to the terms of this Agreement. The Client shall be responsible for any breach of this Agreement by any of its Authorised Users and any other persons who gain access to the Web Facilities and/or the Services through its Logins (except in the case of fraud).

3.13 The Client agrees to exercise reasonable care to maintain the security of all Logins and other account information (collectively, “Account Information”). The Client agrees to not disclose its Account Information to anyone else, and to not use anyone else’s Account Information.

3.14 The Client agrees to notify Beam Australia promptly about any unauthorised use of its Account Information or any breach of security of which it become aware of.

4. Candidates

4.1 Beam Australia may provide the Client with Candidates who the Client can choose to employ.

4.2 Any formal offer to be made to the Candidate is to be made by you to the individual and not by Beam Australia. However, a copy of the offer and the applicable contract of employment must be provided to Beam Australia as soon as reasonably practicable.

4.3 For the sake of clarity, the term ‘employed’ means the employment of a candidate, whether on a casual, part-time or full-time basis, under one or more contracts of employment.

Fees applicable to Candidate

4.4 The Client agrees to pay a placement fee to Beam Australia for every Candidate who is employed by the Client (Candidate Placement Fee).

4.5 The Candidate Placement Fee will be calculated at the rate of 10% of the Total Annual Salary Package negotiated with the successful candidate. The Total Annual Salary Package will be calculated as the Base Salary + Superannuation.

4.6 The Client must pay Beam Australia the Candidate Placement Fee where the Candidate is employed, whether on a full-time, part-time or casual basis:

(i) by the Client’s company; or

(ii) by a third party who was introduced to the Candidate by the Client, irrespective of the period of service of the Candidate to the Client.

4.7 The Candidate Placement Fee will be paid in the following way:

(i) 60% of the Placement Fee will be required to be paid when the Candidate is employed by the Client and a contract of employment is signed;

(ii) 40% of the Placement Fee will be payable at the expiry of a 3-month period that will commence when the Candidate commences employment with the Client.

4.8 In the unusual event that a Candidate of Beam Australia who is employed by the Client subsequently leaves the employ of the Client within a period of Three (3) Months of the commencement date, for any reason other than structural redundancy, Beam Australia will waive the obligation for the Client to pay the remaining 40% of the Candidate Placement Fee as described in clause 7(ii) above.

4.9 For the sake of clarity, the calculation of the 3 month period will not be interrupted by reason of the Candidate’s absence on periods of paid or unpaid leave, authorised by the Client. The 3 month period will commence as soon as the Candidate commences employment with the Client.

4.10 In the event that the Client appoints or engages a Candidate on a permanent, contract, casual or any other basis within a period of Twelve (12) Months of having interviewed the candidate as presented by Beam Australia, the fees and charges outlined in this Agreement will apply. By interviewing a candidate presented by Beam Australia, the Client agrees to be bound by this Agreement.

4.11 The Client may, at its sole discretion, terminate the employment of a Candidate provided that the Client gives the relevant Candidate the applicable notice as required by the Fair Work Act 2009 (Cth) and provides Beam Australia with 24 hours’ notice.

Cancellation of interviews with Candidates

4.12 The Client may cancel an interview with a Candidate provided that the Client gives Beam Australia and the relevant Candidate two days’ notice.

5. Independent Contractors

5.1 Beam Australia may provide the Client with Independent Contractors to perform Contract Work for the Client.

5.2 The Client and the Independent Contractor are to enter into an agreement with one another (in writing) regarding the services the Independent Contractor is to provide to the Client.

5.3 The Independent Contractor and the contractor are to agree to the fees payable for the provisions of the Independent Contractor’s services to the Client.

5.4 The Client must provide Beam Australia with a copy of the agreement reached between the Client and the Independent Contractor and must provide information regarding the agreed fee payable under such agreement.

Fees applicable to Candidate

5.5 The Client will be solely responsible for the fees payable to the Independent Contractor.

5.6 The Client will, within 7 days of receipt, provide Beam Australia with a copy of the invoices provided by the Independent Contractor.

5.7 The Client agrees to pay Beam Australia a fee in consideration for the provision of the Independent Contractor (Independent Contractor Placement Fee).

5.8 The Independent Contractor Placement Fee will be calculated at the rate of 10% of the total fees (excluding GST) payable to the Independent Contractor by the Client.

5.9 The Beam Australia will invoice the Client for the Contractor Placement Fee payable on a fortnightly basis and the invoice is required to be paid within 7 days of receipt.

5.10 Any dispute between the Independent Contractor and the Client will remain a dispute between those parties and not Beam Australia.

Termination of Agreement with Independent contractor

5.11 If the Client wishes to no longer have the Independent Contractor perform work, they must notify Beam Australia, in writing, no less than 7 days before the engagement between the parties is due to end.

5.12 The Client agrees to provide Beam Australia with a copy of the Independent Contractor’s final invoice so that the final Independent Contractor Placement Fee can be appropriately calculated and invoiced to the Client.

5.13 If the Client elects to terminate the engagement with the Independent Contractor and then, within 12 months of the date of the end of that engagement, employs them to undertake the same or similar work, then the Client must pay Beam Australia an employment recruitment fee equal to 10% of the Total Annual Salary Package (as already defined) negotiated between the Client and the Independent Contractor, less the sum of any Independent Contractor Placement Fees already paid to Beam Australia for the provision of the Independent Contractor.

5.14 For the sake of clarity, the term ‘employed’ means the employment of an Independent Contractor, whether on a casual, part-time, full-time basis, fixed term or for a specific reason, under one or more contracts of employment.

5.15 The Client may, at its sole discretion, terminate the engagement of an Independent Contractor provided that the Client gives the relevant notice in accordance with the agreement between the Client and the Independent Contractor. Beam Australia will not be liable for any amounts or liabilities owing to the Contractor by the Client should the engagement be terminated.

5.16 The Client must provide Beam Australia with 24 hours’ notice upon termination of its engagement with an Independent Contractor supplied by Beam Australia.

Cancellation of interviews with Independent Contractors

5.17 The Client may cancel an interview with an Independent Contractor provided that the Client gives Beam Australia and the relevant Independent Contractors two days’ notice.

6. Intellectual Property

6.1 The Client acknowledges that Beam Australia (or its associated entities or persons) owns all Intellectual Property created by Beam Australia in connection with the Services, that now exists or that later comes into existence.

6.2 The Client agrees to indemnify Beam Australia fully against all liabilities, costs and expenses which Beam Australia may incur as a result of any breach of this clause by the Client or the Client’s personnel.

6.3 The obligations accepted by the Client under this clause survive termination or expiry of this Agreement.

6.4 The parties will not copy any document containing Beam Australia’s Intellectual Property except as necessary to perform this Agreement.

6.5 The Client agrees that any written materials provided to it in connection to the Services are for its own use and it may not redistribute, disseminate, publish, or display such material, in whole or in part, to any third parties without the prior written permission of Beam Australia, except to its regulators and professional advisors on an as needed basis.

7. Warranties by the Client

7.1 The Client warrants that:

(a) equal employment opportunity principles shall be adhered to by the Client in so far as no unlawful discrimination shall at any time during the provision of the Services;

(b) no Candidate or Independent Contractor will be required to work in a position inconsistent with the position for which they were originally recruited;

(d) all Candidates and Independent Contractor will be properly remunerated at all times during their engagement and/or employment with the Client, including for work completed during any trial or probation period;

(e) during a Candidate’s first 3 month period of their employment with the Client, the Client will endeavour to provide counselling and guidance to improve their performance if necessary. The Client acknowledges that these first three months allows both the Client and the Candidate with a chance to assess each other and the position and decide whether to continue the relationship;

(f) the Client, or any principal of the business of the Client, has not been found in breach of workplace laws, and is not awaiting the outcome of any proceedings involving any alleged breach of workplace laws; and

(g) the Client shall be solely liable for the costs of maintaining the Candidate once employed, including, but not limited to, wages, leave entitlements, superannuation, and insurances.

7.2 We give no warranty (either expressed or implied) in respect of any Candidate or Independent Contractor introduced, and accept no liability for any failure of a Candidate or Independent Contractor to perform or to comply with his/her terms of employment/engagement or for any loss, expense, damage or delay howsoever arising from the introduction of the Candidate to the Client or from his/her engagement by the Client.

7.3 Insofar as Beam Australia or any Candidate or Independent Contractor provides details of a Candidate or Independent Contractor’s medical history, present state of health, previous terms and conditions of employment, names and addresses of previous employers, periods of employment, circumstances in which previous employment terminated, criminal convictions, personal details, ability to work in Australia, visas, work permits, qualifications or education generally, Beam Australia shall have no liability for any loss damage or cost related to the fact that such details are found to be incorrect or misleading.

7.4 The Client warrants that it will not, at any time use the Services or perform its obligations under this Agreement in violation of a law or in violation of its obligations to third parties.

Content supplied to Beam Australia

7.5 The Client warrants that all information it provides to Beam Australia and any information the Client posts on its own accord on Beam Australia’s Web Facilities is and shall remain complete, accurate, true and correct and that it will update any such information held by Beam Australia as soon as possible after any changes. The Client will remain solely responsible for such information.

7.6 Under no circumstances whatsoever shall Beam Australia be liable to the Client or to any other person or entity for the Client’s participation in, or use of, any Web Facilities. Beam Australia has no responsibility to review or approve content uploaded to the Web Facilities by the Client. The Client is prohibited from adding any content that is unlawful, infringing or defamatory. The Client agrees to indemnify, defend and hold Beam Australia, its officers, directors, employees, agents and representatives harmless from and against all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise from the content it provides to Beam Australia including any content uploaded to any of Beam Australia’s Web Facilities.

8. Scope of Liability

8.1 Beam Australia will at all times indemnify and keep indemnified the Client and their officers, employees and agents (in this clause 1 referred to as Those Indemnified) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of Those Indemnified arising from any claim, demand, suit, action or proceeding by any person against any of Those Indemnified where such loss or liability arose out of any breach of this Agreement by Beam Australia.

8.2 The Client will at all times indemnify and keep indemnified Beam Australia and their officers, employees and agents (in this clause 2 referred to as Those Indemnified) from and against any loss (including legal costs and expenses) or liability incurred by any of Those Indemnified arising from any claim, demand, suit, action or proceeding by any person against any of Those Indemnified where such loss or liability arose out of any other breach of this Agreement by the Client.

8.3 The Client will notify Beam Australia in writing as soon as practicable and in any event within two (2) Business Days of any claim or demand made, or action, suit or proceeding threatened or brought, against the Client arising from any breach of the warranties referred to in clause 2.

8.4 After notice has been given under clause 8.3 and upon the Client admitting its obligations under the indemnity in clause 8.2, the Client will:

(a) continue to keep Beam Australia informed of all developments; and

(b) to the extent permitted by law, act in accordance with the reasonable directions of Beam Australia in respect of those developments including in relation to application for leave to withdraw from the litigation and in relation to the settlement of claims or demands that do not result in litigation.

8.5 Beam Australia will endeavour to provide accurate details of those to be supplied to the Client as part of the Services, but does not accept liability for any loss, expense, damage or delay in connection with the introduction of the individual or their subsequent employment whether caused by negligence or otherwise. The Client agrees to take up references, satisfy any medical requirement, verify qualification and conduct interviews and other check as the Client sees fit. The Client will base any decision to employ wholly on its own enquiries and judgment.

9. Confidentiality

9.1 The parties acknowledge that each party and their respective employees or agents, may be given access to the other party’s Confidential Information in the course of negotiating or performing this Agreement.

9.2 The Client will keep Beam Australia’s Confidential Information confidential and will not disclose it to any third party or use it otherwise than:

(a) for the purposes of this Agreement;

(b) as authorised in writing by Beam Australia;

(d) by way of disclosure to its professional advisors who have agreed to keep the Confidential Information confidential.

9.3 Beam Australia will keep the Client’s Confidential Information confidential and will not disclose it to any third party or use it otherwise than:

(a) for the purposes of this Agreement;

(b) as authorised in writing by the Client;

(d) by way of disclosure to its professional advisors who have agreed to keep the Confidential Information confidential.

9.4 The parties will not copy any document containing the other party’s Confidential Information except as necessary to perform the Services or as is required by the Agreement.

9.5 On termination of this Agreement, each party will return to the other party, or destroy, (at the other party’s election and sole discretion) all documents or copies of documents containing information which at the date of termination is that party’s Confidential Information.

9.6 Each party will ensure that its employees, agents, contractors and other persons within its control comply with this clause 9.

9.7 The Client consents to Beam Australia disclosing any information in order to provide the
Client with the Services and further consents to such information being published on any websites or portals of Beam Australia for the purposes of enabling the Services to be appropriately provided to the Client.

9.8 The Client agrees to keep confidential, all passwords and logins provided to it during the provision of the Services. The Client agrees to appropriately use all website and portal facilities of Beam Australia in a reasonable manner as per the terms off this Agreement. The Client further consents to comply with the terms and conditions of use for Beam Australia’s website, as amended from time to time.

10. Term and Termination of Agreement

10.1 Either party may terminate this Agreement by giving one months’ written notice to the other.

10.2 Termination of this Agreement does not relieve the Client of its obligation to pay Beam Australia any outstanding amounts due and payable pursuant to this Agreement.

10.3 If a party is in breach of this Agreement, the other party may give the party who is in breach a notice:

(a) specifying the breach; and

(b) requiring the party who is in breach to rectify the breach within ten (10) Business Days of the date the party who is in breach received the notice.

10.4 A party who gives notice under clause 10.3 may terminate the Agreement if after the expiry of the notice the party who is in breach has not rectified the breach specified in the notice.

10.5 Either party has the right to immediately terminate this Agreement by notice in writing to the other party if any of the following events occur:

(a) the other party ceases to (or is unable to) pay its creditors (or any class of them) in the ordinary course of business, or announces its intention to cease paying;

(b) a receiver, receiver and manager, administrator, liquidator or similar officer is appointed to the other party or any of its assets;

(c) the other party enters into, or resolves to enter into, a scheme of arrangement, compromise or composition with any class of creditors;

(d) a resolution is passed or an application to a court is taken for the winding up, dissolution, official management or administration of the other party;

(e) anything having a substantially similar effect to any of the events specified above happens under the law of any applicable jurisdiction; or

(f) the making by the other party of an assignment or attempted assignment of its assets for the benefit of its creditors.

10.6 The termination of this Agreement is without prejudice to any rights which have accrued to a party before the date of termination.

10.7 Beam Australia reserves its right to terminate this agreement at any time without notice should it form the view that the Client has acted in breach of this Agreement or has acted inappropriately towards a Candidate or Independent Contractor of Beam Australia. For the sake of clarity, ‘acted inappropriately’ includes (but is not limited to) conduct that is considered by Beam Australia to be of a discriminatory, bullying and/or harassing nature.

11. Dispute Resolution

11.1 Where a dispute between the parties has arisen from this Agreement, a party claiming that a dispute has arisen must notify the other party of the dispute, specifying the nature of the dispute (Dispute Notice). The parties must negotiate in the utmost good faith and endeavour to reach agreement concerning the matter in dispute.

11.2 If the matter in dispute is not resolved pursuant to clause 1 within ten (10) Business Days of the date the Dispute Notice is given, or such longer period as the parties may agree in writing, any party which has complied with the provisions of this clause may by notice in writing delivered to the other Parties, terminate the dispute resolution process provided for in this clause and may submit the dispute to mediation in accordance with, and subject to, the Institute of Arbitrators and Mediators Australia Mediation and Conciliation Rules.

12. GST

12.1 If a Supply made under or in connection with this Agreement is a Taxable Supply, then at or before the time any part of the consideration for the Supply is payable:

(a) the Recipient must pay the Supplier an amount equal to the total GST for the Supply, in addition to and in the same manner as the consideration otherwise payable under this document for that Supply; and

(b) the Supplier must give the Recipient a Tax Invoice for the Supply.

12.2 For clarity, the GST payable under this clause is correspondingly increased or decreased by any subsequent adjustment to the amount of GST for the Supply for which the Supplier is liable, however caused.

13. Workplace Health and Safety

13.1 The Client agrees to take all reasonable steps to:

(a) consult with Beam Australia and the Candidates from time to time and on an ongoing basis to identify risks that can be controlled and ensure that a safe working environment is provided;

(b) ensure that all work carried out pursuant to this Agreement complies with all Workplace Health and Safety requirements in accordance with the laws of the State or Territory in which the Services are performed;

(c) ensure that the Candidates are not exposed to risks to their health or safety or hazards arising from the provision of the Services under this Agreement;

(d) ensure that any equipment or facilities provided for use in the provision of work under this Agreement are safe and without risks to health and safety when properly used;

(e) ensure that systems of work and the working environment are safe and without risks to health;

(f) provide such information, instruction, training and supervision as may be necessary to ensure that the work provided under this Agreement is provided without hazards or risks to health and safety of the Candidates; and

(g) comply with the relevant State or Territory Workplace Health and Safety laws or regulations as applicable.

13.2 Beam Australia will (to the extent that it is able to do so) ensure that all of the Candidates engaged in the performance of the Services carried out pursuant to this Agreement:

(a) fully comply with the appropriate regulations, standards and legislation;

(b) abide by and fully comply with all relevant Workplace Health and Safety procedures of the Client whilst engaged by or otherwise providing the Services to the Client;

(c) exercise reasonable and necessary precautions which are appropriate to the nature of the work and the conditions under which the Services are performed; and

(d) receive adequate training to ensure tasks are undertaken in a manner that minimises the risk to their own health and safety and the health and safety of others, and that the Candidates will not undertake any tasks for which they have not received adequate training.

13.3 Beam Australia will, at its own cost and initiative:

(a) gather information about the position, including the qualifications, skills and licenses needed to match the Candidate to the position required by the Client;

(b) gather information from the Client to determine the potential for injury to the Candidate and to consult with the Client on ways that identified risks can be controlled; and

(c) may visit the location where the Candidate is to perform work for the Client and have effective consultation processes in place with the Candidates.

13.4 The Client agrees to take all reasonable steps to:

(a) notify Beam Australia of any injury sustained by any of the Candidate on the Client’s premises.

(b) consent to the Labour Hire Agency inspecting the Work Site pursuant to this Agreement.

13.5 The Workplace Health and Safety obligations between Beam and a candidate cease and forever transfer to the Client when the Candidate is employed by the Client.

14. Relationship of Parties

14.1 This Agreement does not create any partnership, joint venture or agency relationship between the parties.

14.2 The parties may not enter into any agreements or incur any liabilities on behalf of the other party without the other party’s prior written consent and may not represent to any person that it has any authority to do so.

15. Restraint and Conflicts

15.1 Pursuant to the terms of this Agreement, the Client agrees that so long as:

(a) it is registered with Beam Australia (and for 12 months after any such registration ceases); and/or

(b) it engages with an Independent Contractor or Candidate made available by Beam Australia (including by providing information to you regarding an Independent Contractor or Candidate, enabling you to identify an Independent Contractor or Candidate or otherwise causing an Independent Contractor or Candidate to be introduced to you),

it will not, including its employees, agents, representatives or its related entities, offer to employ, engage, solicit, induce, entice, or otherwise enter or attempt to enter into a contract for reward (directly or indirectly) with an Independent Contractor or Candidate for the performance of services, in any way other than through the Beam Australia, unless it pays Beam Australia the appropriate fees as described in this Agreement. This clause applies whether or not the Client already knows the Independent Contractor or Candidate.

15.2 The Client agrees and promises that it will not knowingly or recklessly use the Services to access Independent Contractors or Candidates who are or were employed by a company reasonably considered a direct competitor of the Client or a direct competitor of the Client’s clients with the view of soliciting information (for example but not limited to confidential information, trade secrets, intellectual property and/or non-public information) regarding that competitor from the Independent Contractor or Candidate. The Client further agrees to neither request nor proceed with any discussion with any such Independent Contractors or Candidates.

16. Notices

16.1 Notices given under this Agreement must be:

(a) in writing;

(b) signed by the party giving the Notice or its Authorised Representative; and

16.2 Notices must be either:

(a) delivered by hand;

(b) posted by pre-paid security or certified mail; or

(d) to the Notice Address of the person receiving the Notice.

16.3 A Notice given to a person in accordance with this Agreement is deemed to have been given and received if:

(a) delivered, on the day of delivery if delivered before 5:00 pm on a Business Day, otherwise on the next Business Day; or

(b) posted by pre-paid security mail or certified mail, on the second day after the day on which the Notice was accepted by the post office from the party sending the Notice.

17. Force Majeure

17.1 If Beam Australia are prevented from or delayed in the performance of this Agreement by an act of God or by or in consequence of war, riot, civil commotion or military or usurped power by any strike, lock-out, stoppage, accident, fog or storm, we shall not thereby be liable to the Client for any breach of obligation under this Agreement and time for performance of our obligations, shall be extended accordingly.

18. General Provisions

Amendments

18.1 Beam Australia may modify the terms and condition of this Agreement from time to time by posting the modification(s) or updating these terms and conditions on its Web Facilities. Unless otherwise specified when posted, all modifications will be effective upon posting. If the Client does not agree to any modification(s), the only recourse available will be to terminate its engagement as a client of Beam Australia. If the Client continues to participate in receiving the Services under this Agreement after any modification becomes effective, then such participation will constitute acceptance of such modification.

Counterparts

18.2 This Agreement may be signed or executed in a number of counterparts, with the same effect as if the signatures to or execution of each counterpart were on the same instrument. This Agreement may also be executed by an exchange of facsimile or electronic mail transmissions of signed counterparts of this Agreement.

18.3 If the parties elect to form this Agreement by exchanging facsimile or electronic mail transmissions of signed counterparts of it, then the Agreement will be deemed to have come into effect at the time and on the date when the counterpart which is last executed is received in fully intelligible form by the party to whom it has been transmitted (assuming that a signed counterpart has been previously executed and previously transmitted and received by each non-signing party prior to the time at which the last executed counterpart is transmitted and received by the party to whom it is addressed).

Entire Agreement

18.4 This document supersedes all previous agreements about its subject matter and embodies the entire agreement between the parties.

18.5 To the extent permitted by law, any statement, representation or promise made in any negotiation or discussion has no effect except to the extent expressly set out or incorporated by reference in this document.

Further assurances

Each party to this Agreement must do all things and sign, execute and deliver all deeds and other documents as may be legally necessary or reasonably required of it by Notice from another party to carry out and give effect to the terms and intentions of this Agreement and to perfect, protect and preserve the rights of the other parties to this Agreement.

Governing law and jurisdiction

18.6 This Agreement is governed by and construed in accordance with the laws of New South Wales and the Commonwealth of Australia.

18.7 Actions, suits or proceedings relating in any way to this Agreement or documents or dealings contemplated by it, must be instituted, heard and determined in a court of competent jurisdiction in New South Wales.

18.8 Each party irrevocably submits to the non-exclusive jurisdiction of such court for the purpose of any such action, suit or proceeding.

18.9 A party may, by Notice, appoint another person at a specified address in New South Wales to receive service of process in connection with proceedings and process served on that person is taken to be served on the party making the appointment.

Warranty of authority

18.10 Each person signing this Agreement:

(a) as attorney, by so doing, warrants to the other parties that, as at the date of signing, the signatory has not received notice or information of the revocation of the power of attorney appointing that person; and

as an Authorised Representative, agent or trustee of a party, warrants to the other parties that, as at the date of signing, the signatory has full authority to execute this Agreement on behalf of that party.

No merger

18.11 The rights and obligations of the parties under this document do not merge on completion of any transaction contemplated by this document.

No waiver

18.12 The failure of a party to require full or partial performance of a provision of this document does not affect the right of that party to require performance subsequently.

18.13 A single or partial exercise of or waiver of the exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy.

A right under this document may only be waived in writing signed by the party granting the waiver and is effective only to the extent specifically set out in that waiver.

Severability

18.14 This Agreement will, so far as possible, be interpreted and construed so as not to be invalid, illegal or unenforceable in any respect, but if a provision, on its true interpretation or construction is held to be illegal, invalid or unenforceable:

18.15 that provision will, so far as possible, be read down to the extent that it may be necessary to ensure that it is not illegal, invalid or unenforceable and as may be reasonable in all the circumstances so as to give it a valid operation; or

18.16 if the provision or part of it cannot effectively be read down, that provision or part of it will be deemed to be void and severable and the remaining provisions of this Agreement will not in any way be affected or impaired and will continue notwithstanding that illegality, invalidity or unenforceability.

19. Definitions and interpretation

19.1 Definitions

The meanings of the terms used in this document are set out below.

Term		Meaning
Agreement		means this Agreement, (including the recitals, quotes, package information and any schedules, appendices and exhibits to it), as it may later be amended or supplemented by the parties in writing.
Authorised Representative		means: (a) in respect of a party which is a corporation: (i) a company secretary or director or any officer of the corporation whose title or office includes the words “manager” or “director”; (ii) a person acting with the title or in the office of manager or director; or (iii) a duly constituted attorney of the corporation; and (b) in respect of each party, a lawyer of that party or a person nominated by Notice to the other party as an authorised representative.
Beam Australia		means Beam Australia Operations Pty Ltd (ACN 615709067) of 48 Brae St Bronte NSW 2024.
Business Day		means a day other than a Saturday, Sunday or public holiday.
Candidate		means a person who is contracted to Beam Australia for the purposes of obtaining employment with Beam Australia’s clients.
Candidate Information		means information regarding the Candidate that includes, but is not limited to, information regarding their skills and qualifications, previous employment/experience, references, resume, criminal history and any other information relevant to the Candidate that Beam Australia deems relevant to the provision of the Services.
Client		means the party entering into this Agreement with Beam Australia for the provision of the Beam Australia Services.
Confidential Information		means all trade secrets, ideas, know-how, concepts and information whether in writing or otherwise relating in any way to that party’s affairs, including: (a) in relation to both parties: (i) affairs or businesses, sales, marketing or promotional information; or (ii) the Candidate Information; or (iii) Independent Contractor Information; or (iv) the terms of this Agreement; and (b) in relation to Beam Australia: (i) the Services; or (ii) Intellectual Property Rights; but does not include information that: (c) is, or becomes part of, the public domain otherwise than by breach of this Agreement by either party; (d) is lawfully obtained by either party from another person without any restriction as to use and disclosure; or (e) was in the party’s possession prior to disclosure of it by the other party.
Independent Contractor		means an independent contractor, who has engaged Beam Australia to provide services and who is a natural person, business, or corporation.
Independent Contractor Information		means information regarding the Independent Contractor that includes, but is not limited to, information regarding their skills and qualifications, previous experience, references, resume, criminal history and any other information relevant to the Independent Contractor that Beam Australia deems relevant to the provisions of the Services.
Copyright		means: (a) any copyright under the Copyright Act 1968 (Cth); (b) any copyright under the law of a country other than Australia; and (c) rights in the nature of or analogous to the rights in (a) and (b) under the laws of Australia or any other country (including future copyright and rights in the nature of or analogous to copyright).
Fees		means an amount or rates invoiced to the Client by Beam Australia which details the fees payable for the provision of the Services as per the terms of this Agreement.
GST		has the meaning given to that term in the GST Act.
GST Act		means A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended.
Input Tax Credit		has the meaning given to that term in the GST Ac.
Intellectual Property Rights		means any and all intellectual and industrial protection rights throughout the world including rights in respect of or in connection with: (a) any Confidential Information; (b) Copyright; (c) inventions (including patents); (d) trade marks or service marks); and (e) designs; whether or not now existing and whether or not registered or registrable and includes any right to apply for the registration of such rights and includes all renewals and extensions.
Notice		means a written notice, consent, approval, direction, order or other communication.
Notice Address		means in respect of a party: (a) the address specified for that party on page 2 of this Agreement; or (b) or where a party gives Notice to all other parties of another address or facsimile number, the last address or facsimile number so notified.
Recipient		has the meaning given to that term in the GST Act.
Services		means the practice of supplying Candidate Information and / or Independent Contractor Information to the Client, as agreed from time to time, with the view of the Client employing and/or engaging the Candidate and/or Independent Contractor respectively. The Services do not extend to the provision of any advice about the terms and conditions of employment or engagement of the Candidate or Independent Contractor (respectively), by the Client.
Supplier		means the entity making the Supply.
Supply		has the meaning given to that term in the GST Act.
Tax Invoice		has the meaning given to that term in the GST Act.
Taxable Supply		has the meaning given to that term in the GST Act.
Web Facilities		means any webpages/websites, portals, online hubs and any other like web based platforms of Beam Australia.
Workplace Health and Safety		means the means the health and safety of the individuals provided to the Client as part of the Services and the applicable laws of the State or Territory in which the Services are performed.

19.2 In this Agreement:

(a) a singular word includes the plural and vice versa;

(b) a word which suggests one gender includes the other gender;

(c) a reference to a clause, schedule, annexure or party is a reference to a clause of, and a schedule, annexure or party to, this document and references to this document includes any schedules or annexures;

(d) a reference to a party to this document or any other document or Agreement includes the party’s successors, permitted substitutes and permitted assigns;

(e) if a word or phrase is defined, its other grammatical forms have a corresponding meaning;

(f) a reference to a document or Agreement (including a reference to this document) is to that document or Agreement as amended, supplemented, varied or replaced;

(g) a reference to this document includes the Agreement recorded by this document;

(h) a reference to legislation or to a provision of legislation (including subordinate legislation) is to that legislation as amended, re-enacted or replaced, and includes any subordinate legislation issued under it;

(i) a reference to a person includes a corporation, trust, partnership, unincorporated body, government and local authority or agency, or other entity whether or not it comprises a separate legal entity; and

(j) a reference to ‘month’ means calendar month.

19.3 If the day on which any act, matter or thing is to be done under or pursuant to this Agreement is not a Business Day, that act, matter or thing:

(a) if it involves a payment other than a payment which is due on demand, must be done on the preceding Business Day; and

(b) in all other cases, must be done no later than the next Business Day.

END OF TERMS AND CONDITIONS OF AGREEMENT FOR EMPLOYERS

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Welcome to Beam Australia. Below are the terms and conditions for candidates and independent contractors of Beam Australia. Please read the below terms carefully.

TERMS AND CONDITIONS OF AGREEMENT FOR CANDIDATES

1. Commencement and term

1.2 Upon acceptance:

(i) Beam Australia will commence offering the Services as required by the Candidate, from time to time; and

(ii) Beam Australia and the Candidate will do all other things reasonably required to give effect to this agreement.

2. The Candidate and Beam Australia’s Obligations

In return for Beam Australia carrying out the Services, the Candidate must:

(a) co-operate with Beam Australia as it reasonably requires;

(b) provide the information and documentation that Beam Australia reasonably requires including the Candidate Information;

(d) inform Beam Australia of any matter which may affect or assist the delivery of the Services;

(e) act in good faith at all times towards Beam Australia and provide assistance and co-operation on Beam Australia’s request;

(f) provide accurate and necessary information for Beam Australia to enable it to undertake any checks it requires in order to carry out the Services;

(g) notify Beam Australia, in writing, if it has gained employment with a client of Beam Australia or with another employer, as soon as practicable after the occurrence of the event (but no later than 48 hours of the Candidate becoming aware of the employment);

(h) keep Beam Australia informed as to the progress of employment throughout the first 3 months of its employment with a client of Beam Australia;

(i) act with the utmost professionalism and courtesy towards Beam Australia and its clients; and

(j) not engage in any conduct which is detrimental to the interests of Beam Australia, would negatively affect Beam Australia’s relationship with a client or is likely to bring Beam Australia into disrepute.

2.2 The Candidate acknowledges that all references submitted may be contacted.

2.3 Without reasonable excuse (as defined by Beam Australia), the Candidate agrees to attend any scheduled interviews as arranged by Beam Australia.

2.4 The Candidate consents to the disclosure of all information it supplies to Beam Australia to enable Beam Australia to carry out the Services.

2.5 The Candidate must keep confidential the Confidential Information of Beam Australia and its clients.

2.6 The Candidate must comply with all laws, including, but not limited to those relating to Workplace Health and Safety.

2.7 Beam Australia will use all reasonable endeavours to:

(a) provide the Services as required by the Candidate from time to time;

(b) inform the Candidate of any matter which may affect or assist the delivery of the Services;

(c) act in good faith at all times towards the Candidate and provide assistance and co-operation as practicable on the Candidate’s request; and

(d) comply with all relevant law.

2.8 The Candidate agrees that they will not accept any offer of employment from a client or company to which they were introduced by Beam Australia without first notifying Beam Australia of same.

2.9 For the sake of clarity, the term ‘employment’ in clause 2.8 means the employment of the Candidate, whether on a casual, part-time or full-time basis, under one or more contracts of employment, with a client or company to which they were introduced by Beam Australia.

2.10 The Candidate acknowledges and agrees that despite Beam Australia’s best efforts to place the Candidate with a client, there is no guarantee that employment will be obtained for the Candidate.

False and misleading information

2.11 The Candidate agrees that it will not provide any false or misleading information or information which may mislead or deceive Beam Australia, its clients, or any other party in respect of the Beam Australia Services.

2.12 The Candidate agrees to provide to Beam Australia with current, complete and accurate, all information supplied/presented and agrees to maintain and update this information in a timely manner and to ensure that such information is up to date at all times. The Candidate warrants and represents that the information it provides is and shall remain complete, accurate, true and correct.

2.13 The Candidate further agrees not to provide any advice to any client of Beam Australia unless it holds all necessary qualifications and such advice is provided by way of an agreement between the Candidate and the client. For the sake of clarity, Beam Australia will not be liable for any advice provided by a Candidate.

Authorised use of Web Facilities of Beam Australia

2.14 Only individuals/entities approved by Beam Australia who have been issued a user identification and password ("Login") by Beam Australia shall be authorised and permitted to access the Web Facilities of Beam Australia. Unless otherwise agreed in writing, the Web Facilities and/or Services may not be used by any other party.

2.15 All Authorised Users shall be subject to the terms of this Agreement. The Candidate shall be responsible for any breach of this Agreement by any other persons/parties who gain access to the Web Facilities and/or the Services through its Logins (except in the case of fraud).

2.16 The Candidate agrees to exercise reasonable care to maintain the security of all Logins and other account information (collectively, "Account Information"). The Candidate agrees to not disclose its Account Information to anyone else, and to not use anyone else Account Information.

2.17 The Candidate agrees to notify Beam Australia promptly about any unauthorised use of its Account Information or any breach of security of which it become aware of.

Interviews with clients of Beam Australia

2.18 The Candidate is free to accept or decline any interviews with a client of Beam Australia, provided however, that the Candidate may accept only those interviews:

(a) that do not present a conflict of interest;

(b) that relate to matters that the Candidate is permitted to discuss, under applicable law and any obligations it may owe to another party (including contractual, employment, or otherwise); and

2.19 The Candidate is expected to accept or decline an interview within two (2) business days from the date the interview is to take place and must do so by advising Beam Australia in writing.

2.20 The Candidate must act with the utmost professionalism and courtesy whilst attending any interviews with a client of Beam Australia.

2.21 An interview may be held between the Candidate and the client of Beam Australia in a number of ways including, but not limited to, face to face, over the phone, via skype or another like platform.

3. Intellectual Property

3.1 The Candidate acknowledges that Beam Australia (or its associated entities or persons) owns all Intellectual Property created by Beam Australia in connection with the Services, that now exists or that later comes into existence.

3.2 The Candidate agrees to indemnify Beam Australia fully against all liabilities, costs and expenses which Beam Australia may incur as a result of any breach of this clause by the Candidate.

3.3 The obligations accepted by the Candidate under this clause survive termination or expiry of this agreement.

3.4 The parties will not copy any document containing Beam Australia’s Intellectual Property except as necessary to perform this Agreement.

4. Warranties by the Candidate

4.1 The Candidate warrants that all information it provides to Beam Australia is true and accurate.

4.2 The Candidate represents and warrants that its use of Beam Australia is not and will not be in breach of any express or implied terms of any contract or of any other obligation legally binding upon the Candidate and furthermore the Candidate agrees that it will not use Beam Australia in any way that gives rise to any such breach or presents a conflict of interest.

4.3 The Candidate agrees to comply with all ethical standards to which it is subject to.

Content supplied to Beam Australia

4.4 The Candidate warrants that all information it provides to Beam Australia and any information the Candidate posts on its own accord on Beam Australia’s Web Facilities is and shall remain complete, accurate, true and correct and that it will update any such information held by Beam Australia as soon as possible after any changes. The Candidate will remain solely responsible for such information.

4.5 Under no circumstances whatsoever shall Beam Australia be liable to the Candidate or to any other person or entity for the Candidate’s participation in, or use of, any Web Facilities. Beam Australia has no responsibility to review or approve content uploaded to the Web Facilities by the Candidate. The Candidate is prohibited from adding any content that is unlawful, infringing or defamatory. The Candidate agrees to indemnify, defend and hold Beam Australia, its officers, directors, employees, agents and representatives harmless from and against all claims, damages, losses, costs (including reasonable attorneys fees), or other expenses that arise from the content it provides to Beam Australia including any content uploaded to any of Beam Australia’s Web Facilities.

5. Scope of Liability

5.1 The Candidate will at all times indemnify and keep indemnified Beam Australia and their officers, employees and agents (in this clause 1 referred to as Those Indemnified) from and against any loss (including legal costs and expenses) or liability incurred by any of Those Indemnified arising from any claim, demand, suit, action or proceeding by any person against any of Those Indemnified where such loss or liability arose out of any other breach of this Agreement by the Candidate.

5.2 The Candidate will notify Beam Australia in writing as soon as practicable and in any event within two (2) Business Days of any claim or demand made, or action, suit or proceeding threatened or brought, against the Candidate arising from any breach of the warranties referred to in clause 1.

5.3 After notice has been given under clause 5.2 and upon the Candidate admitting its obligations under the indemnity in clause 5.1, the Candidate will:

(a) continue to keep Beam Australia informed of all developments; and

6. Confidentiality

6.1 The parties acknowledge that each party and their respective employees or agents, may be given access to the other party’s Confidential Information in the course of negotiating or performing this Agreement.

6.2 The Candidate will keep Beam Australia’s Confidential Information confidential and will not disclose it to any third party or use it otherwise than:

(a) for the purposes of this Agreement;

(b) as authorised in writing by Beam Australia;

(d) by way of disclosure to its professional advisors who have agreed to keep the Confidential Information confidential.

6.3 Beam Australia will keep the Candidate’s Confidential Information confidential and will not disclose it to any third party or use it otherwise than:

(a) for the purposes of this Agreement;

(b) for the purposes of performing the Services;

(d) as required by any law, judicial body or governmental agency; or

(e) by way of disclosure to its professional advisors who have agreed to keep the Confidential Information confidential.

6.4 The parties will not copy any document containing the other party’s Confidential Information except as necessary to perform the Services or as is required by this Agreement.

6.5 On termination of this Agreement, each party will return to the other party, or destroy, (at the other party’s election and sole discretion) all documents or copies of documents containing information which at the date of termination is that party’s Confidential Information.

6.6 Each party will ensure that its employees, agents, contractors and other persons within its control comply with this clause 6.

6.7 The Candidate consents to Beam Australia disclosing any information in order to provide the Services and further consents to such information being published on any websites or portals of Beam Australia for the purposes of enabling the Services to be appropriately provided to the Candidate.

6.8 The Candidate agrees to keep confidential, all passwords and logins provided to it during the provision of the Services. The Candidate agrees to appropriately use all website and portal facilities of Beam Australia in a reasonable manner as per the terms off this Agreement. The Candidate further consents to comply with the terms and conditions of use for Beam Australia’s website, as amended from time to time.

7. Term and Termination of Agreement

7.1 Beam Australia reserves its right to terminate this Agreement and/or cease supplying the Services to the Candidate at any time and for any reason upon giving the Candidate 1 (one) weeks’ written notice.

7.2 The Candidate may terminate this Agreement by giving Beam Australia two weeks’ written notice.

7.3 The termination of this Agreement is without prejudice to any rights which have accrued to a party before the date of termination.

8. Dispute Resolution

8.1 Where a dispute between the parties has arisen from this Agreement, a party claiming that a dispute has arisen must notify the other party of the dispute, specifying the nature of the dispute (Dispute Notice). The parties must negotiate in the utmost good faith and endeavour to reach agreement concerning the matter in dispute.

9. Workplace Health and Safety

9.1 The Candidate agrees to take all reasonable steps to:

(a) ensure that all work carried out pursuant to this Agreement complies with all Workplace Health and Safety requirements in accordance with the laws of the State or Territory in which the Services are performed;

(b) comply with the relevant State or Territory Workplace Health and Safety laws or regulations as applicable;

(c) exercise reasonable and necessary precautions which are appropriate to the nature of the work and the conditions under which the Services are performed; and/or

(d) abide by and fully comply with all relevant Workplace Health and Safety procedures of the client whilst engaged.

10. Relationship of Parties

10.1 This Agreement does not create an employment relationship between the parties.

10.2 The parties may not enter into any agreements or incur any liabilities on behalf of the other party without the other party’s prior written consent and may not represent to any person that it has any authority to do so.

11. Conflicts and No solicitation

11.1 For so long as the Candidate is:

(a) registered with Beam Australia and for 12 months after any such registration ceases; and/or

(b) engaged with a client made available by Beam Australia (including by providing information to the Candidate regarding a client, enabling the Candidate to identify a client or project or otherwise causing a client to be introduced to the Candidate)

the Candidate must not:

(c) be engaged by a client of Beam Australia as an employee, contractor, advisor or in another professional capacity without the consent of Beam Australia.

11.2 The Candidate understands that it must use the Services of Beam Australia as its exclusive method to engage with a client of Beam Australia unless Beam Australia agrees otherwise (in writing) and Beam Australia is paid the appropriate fees as stipulated in this Agreement (or as otherwise agreed in writing between Beam Australia and the client).

11.3 The Candidate must immediately upon being engaged, contracted or retained by a client of Beam Australia in a manner contemplated in subclauses 11.1(c) above notify Beam Australiain writing.

11.4 The Candidate agrees that it shall have no further contact with clients of Beam Australia, if they were declined for a position after an interview. The Candidate agrees they will not call, text or email a client without written consent from Beam Australia. At no time may the Candidate solicit work from clients that are registered with Beam Australia during the term of this Agreement without the express written consent of Beam Australia.

12. Notices

12.1 Notices given under this Agreement must be:

(a) in writing;

(b) signed by the party giving the Notice or its Authorised Representative; and

12.2 Notices must be either:

(a) delivered by hand;

(b) posted by pre-paid security or certified mail; or

(d) to the Notice Address of the person receiving the Notice.

12.3 A Notice given to a person in accordance with this Agreement is deemed to have been given and received if:

(a) delivered, on the day of delivery if delivered before 5:00 pm on a Business Day, otherwise on the next Business Day; or

(b) posted by pre-paid security mail or certified mail, on the second day after the day on which the Notice was accepted by the post office from the party sending the Notice.

13. General ProvisionsAmendments

13.1 Beam Australia may modify the terms and condition of this Agreement from time to time by posting the modification(s) or updating these terms and conditions on its Web Facilities. Unless otherwise specified when posted, all modifications will be effective upon posting. If the Candidate does not agree to any modification(s), the only recourse available will be to terminate its engagement as a client of Beam Australia. If the Candidate continues to participate in receiving the Services under this Agreement after any modification becomes effective, then such participation will constitute acceptance of such modification.

Counterparts

13.2 This Agreement may be signed or executed in a number of counterparts, with the same effect as if the signatures to or execution of each counterpart were on the same instrument. This Agreement may also be executed by an exchange of facsimile or electronic mail transmissions of signed counterparts of this Agreement.

13.3 If the parties elect to form this Agreement by exchanging facsimile or electronic mail transmissions of signed counterparts of it, then the Agreement will be deemed to have come into effect at the time and on the date when the counterpart which is last executed is received in fully intelligible form by the party to whom it has been transmitted (assuming that a signed counterpart has been previously executed and previously transmitted and received by each non-signing party prior to the time at which the last executed counterpart is transmitted and received by the party to whom it is addressed).

Entire Agreement

13.4 This document supersedes all previous agreements about its subject matter and embodies the entire agreement between the parties.

13.5 To the extent permitted by law, any statement, representation or promise made in any negotiation or discussion has no effect except to the extent expressly set out or incorporated by reference in this document.

Further assurances

13.6 Each party to this Agreement must do all things and sign, execute and deliver all deeds and other documents as may be legally necessary or reasonably required of it by Notice from another party to carry out and give effect to the terms and intentions of this Agreement and to perfect, protect and preserve the rights of the other parties to this Agreement.

Governing law and jurisdiction

13.7 This Agreement is governed by and construed in accordance with the laws of New South Wales and the Commonwealth of Australia.

13.8 Actions, suits or proceedings relating in any way to this Agreement or documents or dealings contemplated by it, must be instituted, heard and determined in a court of competent jurisdiction in New South Wales.

13.9 Each party irrevocably submits to the non-exclusive jurisdiction of such court for the purpose of any such action, suit or proceeding.

13.10 A party may, by Notice, appoint another person at a specified address in New South Wales to receive service of process in connection with proceedings and process served on that person is taken to be served on the party making the appointment.

Warranty of authority

13.11 Each person signing this Agreement:

(b) as an Authorised Representative, agent or trustee of a party, warrants to the other parties that, as at the date of signing, the signatory has full authority to execute this Agreement on behalf of that party.

No merger

13.12 The rights and obligations of the parties under this document do not merge on completion of any transaction contemplated by this document.

No waiver

13.13 The failure of a party to require full or partial performance of a provision of this document does not affect the right of that party to require performance subsequently.

13.14 A single or partial exercise of or waiver of the exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy.

A right under this document may only be waived in writing signed by the party granting the waiver and is effective only to the extent specifically set out in that waiver.

Severability

13.15 This Agreement will, so far as possible, be interpreted and construed so as not to be invalid, illegal or unenforceable in any respect, but if a provision, on its true interpretation or construction is held to be illegal, invalid or unenforceable:

13.16 that provision will, so far as possible, be read down to the extent that it may be necessary to ensure that it is not illegal, invalid or unenforceable and as may be reasonable in all the circumstances so as to give it a valid operation; or

13.17 if the provision or part of it cannot effectively be read down, that provision or part of it will be deemed to be void and severable and the remaining provisions of this agreement will not in any way be affected or impaired and will continue notwithstanding that illegality, invalidity or unenforceability.

14. Definitions and interpretation14.1 Definitions

The meanings of the terms used in this document are set out below.

Term	Meaning
Agreement	means this agreement, (including the recitals, quotes, package information and any schedules, appendices and exhibits to it), as it may later be amended or supplemented by the parties in writing.
Authorised Representative	means: (a) in respect of a party which is a corporation: (i) a company secretary or director or any officer of the corporation whose title or office includes the words "manager" or "director"; (ii) a person acting with the title or in the office of manager or director; or (iii) a duly constituted attorney of the corporation; and (b) in respect of each party, a lawyer of that party or a person nominated by Notice to the other party as an authorised representative.
Beam Australia	means Beam Australia Operations Pty Ltd (ACN 615709067) of 48 Brae St Bronte NSW 2024.
Business Day	means a day other than a Saturday, Sunday or public holiday.
Candidate	means a person who is entering into this Agreement with Beam Australia who will be contracted to Beam Australia for the purposes of obtaining employment with Beam Australia’s clients
Candidate Information	means information regarding the Candidate that includes, but is not limited to, information regarding their skills and qualifications, previous employment/experience, references, resume, criminal history and any other information relevant to the Candidate that Beam Australia deems relevant to the provision of the Services.
Confidential Information	means all trade secrets, ideas, know-how, concepts and information whether in writing or otherwise relating in any way to that party’s affairs, including: (a) in relation to both parties: (i) affairs or businesses, sales, marketing or promotional information; or (ii) the Candidate Information; (iii) the terms of this Agreement; and (b) in relation to Beam Australia: (i) the Services; or (ii) Intellectual Property Rights;but does not include information that: (c) is, or becomes part of, the public domain otherwise than by breach of this Agreement by either party; (d) is lawfully obtained by either party from another person without any restriction as to use and disclosure; or (e) was in the party’s possession prior to disclosure of it by the other party.
Copyright	means: (a) any copyright under the Copyright Act 1968 (Cth); (b) any copyright under the law of a country other than Australia; and (c) rights in the nature of or analogous to the rights in (a) and (b) under the laws of Australia or any other country (including future copyright and rights in the nature of or analogous to copyright).
Intellectual Property Rights	means any and all intellectual and industrial protection rights throughout the world including rights in respect of or in connection with: (a) any Confidential Information; (b) Copyright; (c) inventions (including patents); (d) trade marks or service marks); and (e) designs;whether or not now existing and whether or not registered or registrable and includes any right to apply for the registration of such rights and includes all renewals and extensions.
Services	at its sole discretion and to the extent that it is able to do so, means the practice of providing Beam Australia’s client (or clients) with the Candidate Information with the view to securing employment for the Candidate with a Beam Australia client. For the sake of clarity, the term ‘employment’ means the engagement of the Candidate, whether on a casual or permanent basis, under one or more contracts of employment, with a client of Beam Australia.
Web Facilities	means any webpages/websites, portals, online hubs and any other like web based platforms of Beam Australia.
Workplace Health and Safety	means the means the health and safety of the individuals provided to the Candidate as part of the Services and the applicable laws of the State or Territory in which the Services are performed.

14.2 In this document:

(a) a singular word includes the plural and vice versa;

(b) a word which suggests one gender includes the other gender;

(d) a reference to a party to this document or any other document or Agreement includes the party’s successors, permitted substitutes and permitted assigns;

(e) if a word or phrase is defined, its other grammatical forms have a corresponding meaning;

(f) a reference to a document or Agreement (including a reference to this document) is to that document or Agreement as amended, supplemented, varied or replaced;

(g) a reference to this document includes the Agreement recorded by this document;

(j) a reference to ‘month’ means calendar month.

14.3 If the day on which any act, matter or thing is to be done under or pursuant to this Agreement is not a Business Day, that act, matter or thing:

(a) if it involves a payment other than a payment which is due on demand, must be done on the preceding Business Day; and

(b) in all other cases, must be done no later than the next Business Day.

END OF TERMS AND CONDITIONS OF AGREEMENT FOR CANDIDATES TERMS AND CONDITIONS FOR INDEPENDENT CONTRACTORS1. Background

1.1 Beam Australia Operations Pty Ltd (ACN 615709067) (Beam Australia) operates within the recruitment and employment industry.

1.2 The Contractor entering into this agreement with Beam Australia is able to provide services to Beam Australia’s clients (the Services).

1.3 Beam Australia will refer the contractor to its clients when it deems such a referral is appropriate.

1.4 Subject to any clauses in this agreement that expressly prescribes otherwise, the Contractor has complete control over the day to day performance of the Services and the manner in which those Services are performed.

1.5 To the extent of any inconsistency, this agreement overrides any current contracts for services (verbal or otherwise) in existence between Beam Australia and the Contractor. This agreement is intended to operate with respect to every subsequent engagement of the Contractor by Beam Australia.

Commencement and term

1.6 This agreement commences on the acceptance of these terms (byway of ticking that you have read and agree to be bound by these terms) and, subject to earlier termination, may be terminated by either party at any time, in accordance with this Agreement.

1.7 Beam Australia and the Contractor will do all other things reasonably required to give effect to this agreement.

2. Contractor’s obligations and warranties

2.1 The Contractor is free to accept or decline any referrals to a client of Beam Australia, provided however, that it may accept only those referrals:

(a) that do not present a conflict of interest;

(b) that relate to matters that the Contractor is permitted to discuss, under applicable law and any obligations it may owe to another party (including contractual, employment, or otherwise); and

2.2 The Contractor is expected to accept or decline a referral within two (2) business days of Beam Australia providing the Contractor with the referral.

2.3 The Contractor must use its best endeavours to adhere to any schedule or program it establishes with a client of Beam Australia regarding the delivery of its services.

2.4 Beam Australia makes no representation regarding the frequency, quantity, or type of referrals the Contractor will receive whilst engaged with Beam Australia.

2.5 The Contractor (including its employees, agents, representatives and assignees) must, when performing the Services for Beam Australia’s clients:

(a) Act with the utmost professionalism and courtesy in all its dealings with Beam Australia and its client;

(b) act with professional skill and undertake the Services in a competent and timely manner;

(d) take full responsibility for the test and tagging of their own equipment;

(e) exercise independent control and management over the manner and system of work appropriate to their obligations under this Agreement;

(f) act on the Contractor’s own responsibility and initiative subject only to Beam Australia’s policies, directions and resolutions of Beam Australia;

(g) conduct themselves in a manner that does not bring Beam Australia or their client into disrepute;

(h) never be intoxicated or under the influence of illegal substances or substances that adversely affect the performance of the Services;

(i) immediately disclose any perceived or actual loss or damage arising out of the performance of the tasks required to be performed by the Contractor including any need to do rectification work;

(j) adhere to Beam Australia and its client’s workplace health and safety standards at all times, as varied from time to time;

(k) comply with any and all laws and legal obligations associated with and the provision of the Services;

(l) familiarise themselves, continue to remind and update their knowledge and comply with all applicable laws and regulations;

(m) not disclose (except to Beam Australia, its client or to persons having lawful authority to require such disclosure) any confidential information of Beam Australia or its client;

(n) where appropriate, use the Contractor’s efforts to further develop Beam Australia’s business (this is not intended to prevent the Contractor from developing its own business);

(o) not to solicit services from Beam Australia’s current clients, customers or suppliers that would in any way conflict with the interests of Beam Australia and the services that Beam Australia provides;

(p) meet the performance standards required by Beam Australia and rectify any work (at its own expense) deemed by Beam Australia or its client to be sub-standard;

(q) possess all qualifications, skills, experience, permits, licences and registrations required to perform all duties that are necessary to perform the Services;

(r) provide, maintain and keep in good order all of the necessary equipment that is reasonably necessary for the conduct of the Services; and

(s) ensure that Beam Australia and its client has agreed in writing prior to any advertising or marketing being undertaken by the Contractor that includes or associates Beam Australia with the Contractor’s Services.

2.6 The Contractor is responsible for any loss, damage, claims or costs incurred or that arise because of the Contractor’s (including its employees’, agents’, representatives’ or assignees’) breach of this Agreement.

False and misleading information

2.7 The Contractor agrees that it will not provide any false or misleading information or information which may mislead or deceive Beam Australia, its clients, or any other party in respect of the Beam Australia Services.

2.8 The Contractor agrees to provide to Beam Australia with current, complete and accurate, all information supplied/presented and agrees to maintain and update this information in a timely manner and to ensure that such information is up to date at all times. The Contractor warrants and represents that the information it provides is and shall remain complete, accurate, true and correct.

2.9 The Contractor further agrees not to provide any advice to any client of Beam Australia unless it holds all necessary qualifications and such advice is provided by way of an agreement between the Contractor and the client. For the sake of clarity, Beam Australia will not be liable for any advice provided by a Contractor.

Authorised use of Web Facilities of Beam Australia

2.10 Only individuals/entities approved by Beam Australia who have been issued a user identification and password ("Login") by Beam Australia shall be authorised and permitted to access the Web Facilities of Beam Australia. Unless otherwise agreed in writing, the Web Facilities and/or Services may not be used by any other party.

2.11 All Authorised Users shall be subject to the terms of this Agreement. The Contractor shall be responsible for any breach of this Agreement by any other persons/parties who gain access to the Web Facilities and/or the Services through its Logins (except in the case of fraud).

2.12 The Contractor agrees to exercise reasonable care to maintain the security of all Logins and other account information (collectively, "Account Information"). The Contractor agrees to not disclose its Account Information to anyone else, and to not use anyone else Account Information.

2.13 The Contractor agrees to notify Beam Australia promptly about any unauthorised use of its Account Information or any breach of security of which it become aware of.

3. Rectification

3.1 The Contractor must meet the performance standards required by Beam Australia and its client for the Services performed.

3.2 Should a client or Beam Australia be dissatisfied, or the Services provided fail to meet the requirements set out in this Agreement, the Contractor is liable to remedy the issue and will bear the full costs associated to rectify the work. Rectification work must be completed within one month (or an alternative reasonable timeframe decided by Beam Australia) of the handover of the particular job/task, contract or project or when the need for rectification is identified.

3.3 Where the Contractor is no longer able to remedy the issue for whatever reason, including but not limited to the following circumstances:

(a) no longer performing that type of work;

(b) no longer licensed/registered; or

3.4 Beam Australia reserves the right to engage the services of a third party and pass on the full expense/costs to the Contractor, which the Contractor agrees to pay to Beam Australia.

3.5 Where the Contractor assigns or delegates work to a person not party to this contract, the Contractor is responsible for rectifying any work completed by the third party that fails to meet the standards of Beam Australia and/or its client.

4. Licences, qualifications and warranties

4.1 The Contractor will produce to Beam Australia before commencing performance of the Services, and at any time upon the request of Beam Australia, all permits, licences, registrations and qualifications the Contractor has represented it possesses and which are necessary to complete the Services.

4.2 The Contractor will immediately notify Beam Australia of any material variations made to permits, licences, registrations and qualifications the Contractor has represented it possesses.

4.3 The Contractor agrees not to complete the Services where a permit, licence, registration or qualification is required and the Contractor (including its employees, agents, representatives and assignees) does not possess that licence or qualification.

4.4 The Contractor agrees to indemnify Beam Australia for any loss suffered by Beam Australia as a result of a breach of this clause 4.

4.5 The Contractor represents and warrants that its use of Beam Australia is not and will not be in breach of any express or implied terms of any contract or of any other obligation legally binding upon the Contractor and furthermore the Contractor agrees that it will not use Beam Australia in any way that gives rise to any such breach or presents a conflict of interest.

4.6 The Contractor agrees to comply with all ethical standards to which it is subject to.

Content supplied to Beam Australia

4.7 The Contractor warrants that all information it provides to Beam Australia and any information the Contractor posts on its own accord on Beam Australia’s Web Facilities is and shall remain complete, accurate, true and correct and that it will update any such information held by Beam Australia as soon as possible after any changes. The Contractor will remain solely responsible for such information.

4.8 Under no circumstances whatsoever shall Beam Australia be liable to the Contractor or to any other person or entity for the Contractor’s participation in, or use of, any Web Facilities. Beam Australia has no responsibility to review or approve content uploaded to the Web Facilities by the Contractor. The Contractor is prohibited from adding any content that is unlawful, infringing or defamatory. The Contractor agrees to indemnify, defend and hold Beam Australia, its officers, directors, employees, agents and representatives harmless from and against all claims, damages, losses, costs (including reasonable attorneys fees), or other expenses that arise from the content it provides to Beam Australia including any content uploaded to any of Beam Australia Web Facilities.

5. Insurance of the Contractor

5.1 The Contractor will take all reasonable steps to maintain, and be responsible for the cost of maintenance of, adequate insurances in respect of public liability, the Services, workers compensation, motor vehicle and all other risks appropriate to the performance of the Services under this Agreement (if applicable).

5.2 The Contractor will take all reasonable steps to produce to Beam Australia:

(a) at the commencement of this Agreement, certificates of currency of such insurances; and

(b) upon request, certificates of currency of such insurances.

5.3 The Contractor will take all reasonable steps to obtain and maintain a current policy or policies of workers’ compensation or like insurance covering claims by it, (where appropriate) its employees and contractors and agents of the Contractor.

5.4 The Contractor will take all reasonable steps to not knowingly do or permit anything to be done which may in any way invalidate or violate the conditions of any insurance policies relating to, or increase, or cause to be increased the premiums payable.

6. Nature of relationship

6.1 Nothing in this Agreement will constitute or be deemed to constitute the relationship of:

(a) Employer and employee; or

(b) principal and agent; or

(d) joint venture partners;

(e) between Beam Australia and the Contractor.

6.2 The Contractor has no authority to incur, and will not incur, any obligation on behalf of Beam Australia except with the prior written approval of Beam Australia.

6.3 This agreement is not an agreement for Beam to provide labour hire services to the Contractor.

6.4 Where the Contractor (as applicable) assigns or delegates the Services or work to its officers, employees, agents or representatives, the Contractor is responsible for rectifying any work completed by the Contractor’s officers, employees, agents or representatives that fail to meet the standard expected of Beam Australia.

6.5 Beam Australia facilitates the interaction between Contractors and clients. The Contractor understands that Beam Australia are not a party to and will not have any liability with respect to the any service arrangements between the Contractor and any of Beam Australia’s clients.

7. Confidential Information and Intellectual Property

7.1 The Contractor must not, and must ensure that its employees and agents do not, either during or after their engagement with Beam Australia, disclose any confidential information relating to Beam Australia or its clients, candidates, services users, except in the proper course of performing its duties under this Agreement, as required by law, or with the previous written consent from Beam Australia.

7.2 The Contractor and its employees and agents must only use the confidential information for the purpose of performing the Services and must not use or attempt to use any such confidential information in any manner which may injure or cause loss to Beam Australia.

7.3 At the end of the engagement with Beam Australia, the Contractor must return any of Beam Australia’s confidential information (and that of its clients) in its possession or control or that of its employees and agents.

7.4 The Contractor acknowledges that Beam Australia (or its associated entities or persons) owns all Intellectual Property created by Beam Australia in connection with the Services, that now exists or that later comes into existence.

7.5 The parties will not copy any document containing Beam Australia’s Intellectual Property except as necessary to perform this Agreement.

7.6 The Contractor agrees to indemnify Beam Australia fully against all liabilities, costs and expenses which Beam Australia may incur as a result of any breach of this clause by the Contractor.

7.7 The obligations accepted by the Contractor under this clause survive termination or expiry of this agreement.

7.8 Unless permitted by the client or required by law, the Contractor will not refer to a client of Beam Australia or its business (including the clients customers or the clients customers business) in any of its marketing materials, website, social media or other publications.

8. Workplace Health and Safety

8.1 The Contractor agrees to adhere to Beam Australia and its client’s workplace health and safety standards and polices at all times, as varied from time to time.

8.2 The Contractor agrees to do all things necessary to ensure the health and safety of the Contractor and others whilst at work, including taking all necessary steps to comply with its obligations under the Work Health and Safety Act 2011 (NSW).

8.3 The Contractor agrees to direct the Contractor’s employees, agents, representatives and assignees to obtain any requisite workplace health and safety training prior to performing the Services or any work.

8.4 The Contractor warrants to Beam Australia that it will:

(a) actively manage its workplace health and safety obligations, and will not knowingly do anything that breaches those obligations nor do anything that would cause Beam Australia or its clients to breach its own workplace health and safety obligations;

(b) not knowingly allow the Contractor’s employees, agents, representatives and assignees to perform tasks that exceed that worker’s skill level or experience; and

(c) actively monitor and enforce that its employees, agents, representatives and assignees possess the requisite certificates, licences and qualifications required to perform tasks safely.

8.5 To the extent that it is able to do so, the Contractor will have complete management and control over the immediate vicinity in which it is completing the Services. The Contractor agrees that it is solely responsible for discharging workplace health and safety obligations owed to those within the immediate vicinity of the area where work is being completed by the Contractor.

8.6 The Contractor will, so far as reasonably practicable, consult, cooperate and coordinate its activities with Beam Australia, its client and its workers who carry out work for the Contractor when:

(a) identifying hazards and assessing risks to health and safety;

(b) making decisions about ways to eliminate those risks;

(d) making decisions about the procedures concerning any of the above.

8.7 To the extent available at law, the Contractor agrees to indemnify Beam Australia for any loss it may suffer as a result of the Contractor’s breach of workplace health and safety obligations.

9. Payment

9.1 The Contractor is free to negotiate their own hourly, daily or such other rates with the clients who are to receive the Contractor’s services. Unless the Contractor agree otherwise with a client, the fees charged to the client are exclusive of GST.

9.2 The Contractor will invoice the client receiving the Services upon completion of the services, or at other times agreed to by the contractor and the client.

9.3 The Contractor and the client in receipt of the Services will agree to the amount payable for the Services.

9.4 If the whole or any part of any payment made pursuant to this Agreement is the consideration for a taxable supply, the Contractor must provide the client with a tax invoice.

9.5 The Contractor is responsible for providing the correct banking details for the electronic payments of the Contractor’s invoices.

9.6 The Contractor is responsible for any tax or superannuation payable.

9.7 At the end of each calendar month, the Contractor will provide a statement to Beam Australia detailing the invoices rendered for work performed during that month.

9.8 The Contractor acknowledges and agrees that Beam Australia will not be liable for any invoices issued to its clients for work performed. The Contractor will not receive any payment from Beam Australia, nor will Beam Australia be responsible for or be involved in assisting the Contractor with recovering outstanding fees from a client of Beam Australia.

9.9 The Contractor acknowledges that the access Beam Australia provides to its client is valid and valuable consideration under this Agreement.

9.10 If there is a dispute between the Contractor and the client as to the payment of the Contractor’s invoice, then the Contractor must keep Beam Australia informed about the details of the dispute.

10. Further Indemnity

10.1 The Contractor will indemnify and keep Beam Australia indemnified against all claims, demands, costs or expenses of any kind whatsoever which may be incurred by Beam Australia as a consequence of:

(a) any failure on the part of the Contractor (or the Contractor’s officers, employees, agents or servants) to comply with all or any of the provisions of this Agreement;

(b) any tax or statutory charge which may be levied or charged or which may fall due to be levied or paid in relation to any fees payable in accordance with this Agreement or for any other sum payable as a consequence of the performance or non-performance of the Contractor; and/or

(c) any tax deductions, leave entitlements or liabilities that the Australian Commissioner of Taxation or Fair Work Ombudsman may seek to recover from Beam Australia in respect of all and any fees which Beam Australia pays to the Contractor under this Agreement.

10.2 The Contractor will at all times indemnify Beam Australia, its directors, officers, employees, agents and servants (in this clause referred to as those indemnified) from and against any loss (including legal costs and expenses on an indemnity basis) or liability, reasonably incurred or suffered by any of those indemnified arising from any claim, suit, demand, action or proceeding by any person against any of those indemnified where such loss or liability was caused by any wilful, unlawful or negligent act or omission of the Contractor, or any officer, employee, agent or servant of the Contractor in connection with the provision of the Services.

10.3 The indemnities referred to in this clause will survive the expiration or termination of this Agreement.

11. Termination and Default

11.1 Subject to clauses 11.2, 11.3 and 11.5, either Beam Australia or the Contractor may terminate this Agreement (save for any obligations that are intended to operate after the Agreement’s termination) by giving the other party 2 weeks’ written notice.

Termination on breach

11.2 In the event that either party:

(a) is or has engaged in wilful neglect or serious misconduct during the operation of this Agreement;

(b) wilfully commits any serious breach of a provision of this Agreement;

(d) for any reason whatsoever, expresses an intention to no longer be bound by the terms of this Agreement,

(e) the other party may request in writing that the breach be remedied no earlier than fourteen (14) days from the date of the Request (or such other period as agreed between the parties) (the Request).

11.3 If a party (after receipt of the Request):

(a) fails to remedy the breach within the specified timeframe; or

(b) if the breach is not capable of remedy but can be compensated by a payment of money) fails to offer reasonable compensation in payment for breach,

11.4 Any termination for breach shall be without prejudice to the rights of the parties under this Agreement which accumulated prior to termination.

11.5 Beam Australia may terminate the Agreement immediately if:

(a) in the reasonably held opinion of Beam Australia the Contractor has committed an act which, if true, would in the opinion of Beam Australia, adversely affect the reputation or business of Beam Australia; and

(b) the Contractor is guilty of any wilful neglect or negligence.

11.6 The Contractor will indemnify and keep Beam Australia indemnified against all claims, demands, costs or expenses of any kind whatsoever which may be incurred by Beam Australia as a consequence of the Contractor terminating this Agreement prior to the completion of any Services or work. This includes any costs incurred by Beam Australia to complete the work left incomplete by the Contractor upon termination of this Agreement.

12. Restraint

12.1 For so long as the Contractor is:

(a) registered with Beam Australia and for 12 months after any such registration ceases; and/or

(b) engaged with a client made available by Beam Australia (including by providing information to the Contractor regarding a client, enabling the Contractor to identify a client or project or otherwise causing a client to be introduced to the Contractor)

the Contractor must not:

(c) be engaged by a client of Beam Australia as an employee, contractor, advisor or in another professional capacity without the consent of Beam Australia.

12.2 The Contractor understands that it must use the Services of Beam Australia as its exclusive method to engage with a client of Beam Australia unless Beam Australia agrees otherwise (in writing) and Beam Australia is paid the appropriate fees as stipulated in this Agreement (or as otherwise agreed in writing between Beam Australia and the client).

12.3 The Contractor must immediately upon being engaged, contracted or retained by a client of Beam Australia in a manner contemplated in subclauses 12.1(c) above notify Beam Australia in writing.

12.4 The Contractor agrees that it shall have no further contact with clients of Beam Australia, if they were declined for a position after an interview. The Contractor agrees they will not call, text or email a client without written consent from Beam Australia. At no time may the Contractor solicit work from clients that are registered with Beam Australia during the term of this Agreement without the direct written consent of Beam Australia.

13. General MattersGood Faith

13.1 Each of the parties agrees to act in good faith towards one another and to use their best endeavours to comply with the spirit and intention of this Agreement.

Amendments

13.2 Beam Australia may modify the terms and condition of this Agreement from time to time by posting the modification(s) or updating these terms and conditions on its Web Facilities. Unless otherwise specified when posted, all modifications will be effective upon posting. If the Client does not agree to any modification(s), the only recourse available will be to terminate its engagement as a client of Beam Australia. If the Client continues to participate in receiving the Services under this Agreement after any modification becomes effective, then such participation will constitute acceptance of such modification.

Severance

13.3 If any provision of this Agreement is invalid and unenforceable in accordance with its terms, it shall be deemed to be severed from this Agreement and all other provisions which are self-sustaining and capable of separate enforcement without regard to the invalid provision, shall be and continue to be valid and enforceable in accordance with their terms.

Governing Law

13.4 This Agreement shall be construed in accordance with and be governed by the laws of the State of Queensland and the Commonwealth of Australia and the Parties agree to submit themselves to the jurisdiction of the Courts of that State and of the Commonwealth of Australia.

Removal of Employees

13.5 Beam Australia may at its absolute discretion require removal from Beam Australia’s premises any persons employed by the Contractor and the Contractor shall take all reasonable steps to remove such persons immediately.

Transaction Costs

13.6 The Parties agree to pay their own legal and other costs and expenses in connection with the preparation, execution, and performance of this Agreement.

Notices

13.7 Any notice required or authorised to be given by any party to any other party concerning any matter or thing relating to this Agreement must be in writing and may (without prejudice to the use of any other method) be given by being sent by prepaid letter, post, email or facsimile addressed to the party at its address appearing or left at the address of such party set out in this Agreement. Any such notice is deemed to be given three (3) days following the date of posting or, if sent by facsimile or email, on the day of receiving confirmation of successful transmission.

No Assignment

13.8 This Agreement is personal to Beam Australia and the Contractor and must not be assigned without the prior written consent of Beam Australia.

Exercise of Rights

13.9 A party may exercise a right or remedy or give or refuse its consent in any way it considers appropriate (including by imposing conditions) unless this Agreement expressly states otherwise. A party may exercise a right, power or remedy at its discretion and separately or concurrently with another right, power or remedy. A single or partial exercise of a right, power or remedy by a party does not prevent a further exercise of that or of any other right, power or remedy. Failure by a party to exercise or delay in exercising a right, power or remedy does not prevent its exercise.

No representation or warranties

13.10 Other than the representations by the Contractor that it has the necessary skill, licences, permits and qualifications to perform the Services, each party acknowledges that in entering into this Agreement it has not relied on any representations or warranties about its subject matter except as expressly provided by the written terms of this Agreement.

END OF TERMS AND CONDITIONS OF AGREEMENT FOR INDEPENDENT CONTRACTORS

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