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Client Work Agreement: 2020 – 2025

PARTIES

BETWEEN: The “Customer”

AND: Paul Barrs Publishing Pty Ltd

Last Updated July 2021.

RECITALS:

  1. The Customer’s Digital Services are to be provided by Paul Barrs Publishing Pty Ltd. These may include but are not limited to website hosting, domain name registration, website development, website content updates/edits, website security, website maintenance, consulting/advice or eMail services.

  2. Paul Barrs Publishing Pty Ltd has agreed to be available to the Customer for the purposes of carrying out and supporting the above Digital Services.

THIS WORK AGREEMENT refers specifically to casual ‘from time to time’ Digital Services which are not represented in detail by a separate work agreement or monthly client contract.

  1. APPOINTMENT BY THE CUSTOMER OF PAUL BARRS PUBLISHING PTY LTD

    1. The Customer hereby appoints Paul Barrs Publishing Pty Ltd as Service Provider for the purpose of providing to the Customer Digital Services as set out in either an agreed work document or estimate or invoice. Paul Barrs Publishing Pty Ltd hereby accepts its appointment as Service Provider and agrees to be bound by the terms and conditions herein.

    2. Paul Barrs Publishing agrees to carry out the Digital Services as invoiced to the Customer. It is an essential element of this Agreement that Paul Barrs Publishing Pty Ltd must, unless notice is provided in writing by either party, carry out and perform to the best of its ability the invoiced Digital Services.

  1. PRICING / PAYMENT / INVOICING OF FEES FOR SERVICE

    1. Unless otherwise stated in writing all work to be performed by Paul Barrs Publishing Pty Ltd is to be billed at an hourly rate of AUD $125 + GST as applicable.
      1. Outside of hours exceptions:
        1. Should the client request ‘outside of hours’ work (6 pm-8 am AEST) or weekend work (Saturday/Sunday), or Public Holiday (local time) a loading fee of $100/hr shall apply.

    2. Paul Barrs Publishing Pty Ltd will render Tax Invoices to the Customer on at minimum on a monthly basis for the Digital Services performed at the agreed rate as per the first invoice.

    3. Payment is due within 14-days of invoice unless previously agreed in writing.

    4. Invoices are issued monthly for ongoing work or at the end of the job for limited work. Customers may request an ‘update’ as to hours logged at any time.

    5. Payment method is via Electronic Funds Transfer bank to bank, PayPal or Credit Card payment via our Payment Gateway eWay. Details are provided with the invoice.

    6. If payment is not made by the Customer by the due date, services to the Customer may cease and legal action may be taken.

  1. WORKING RELATIONSHIP

    1. The Parties acknowledge to each other that they are not in partnership, there is no joint venture or franchise arrangement between them.
    2. Paul Barrs Publishing Pty Ltd is an independent contractor, not an employee of the Customer. Paul Barrs Publishing Pty Ltd is responsible for its own taxes, insurances and superannuation.
    3. Paul Barrs Publishing Pty Ltd undertakes, represents to and covenants with the Customer that:

      1. Paul Barrs Publishing Pty Ltd will do all things necessary to perform the invoiced Digital Services at all times in a timely and competent manner;

      2. Paul Barrs Publishing Pty Ltd will always endeavour to carry out the Digital Services to a standard satisfactory to the Customer;

      3. Paul Barrs Publishing Pty Ltd has the necessary knowledge, experience, training and expertise to provide the prescribed Digital Services in a professional and competent manner;

  1. COPYRIGHTS AND CONFIDENTIAL INFORMATION

    1. Paul Barrs Publishing Pty Ltd covenants with the Customer that:

      1. The Paul Barrs Publishing Pty Ltd maintains the copyrights to all materials created for the Customer until the work to be completed is paid for. The Paul Barrs Publishing Pty Ltd deems confidential any and all materials shared by the Customer in the progress of the work to be completed. Both the Company and the Customer acknowledge that they have appropriate licence to use any materials required and provided to the other to be used in the completion of the work to be completed.

  1. INTELLECTUAL PROPERTY

    1. Paul Barrs Publishing Pty Ltd acknowledges that the Customer shall be the exclusive owner of all the Intellectual Property in all documents, software and training programs and/or manuals or Products in any way created or developed under or pursuant to the Agreement and/or the Consulting Services.

    2. The Customer agrees to pay any expenses that have or will be incurred by Paul Barrs Publishing Pty Ltd in carrying out any obligation under this clause.

  1. WHEN THE CUSTOMER CAN TERMINATE

    1. The Customer may terminate the Appointment effective by giving written Notice to Paul Barrs Publishing Pty Ltd to that effect if Paul Barrs Publishing Pty Ltd is for whatever reason unable to perform the invoiced Digital Services under this Agreement.

    2. The Customer may terminate this Agreement whether or not there has been any breach by giving Paul Barrs Publishing Pty Ltd seven (7) days prior written notice to that effect whether or not the provided Services have been completed and such termination will not be a breach of this Agreement and will not give rise to any claim for compensation or damages.

  1. WHEN PAUL BARRS PUBLISHING CAN TERMINATE

    1. Paul Barrs Publishing Pty Ltd may terminate the Appointment by giving seven (7) days notice to the Customer whether or not the Digital Services have been completed and such termination will not be a breach of this Agreement and will not give rise to any claim for compensation or damages.

    2. Paul Barrs Publishing Pty Ltd may terminate the Appointment effective upon the issuing of a Notice to the Customer to the effect if the Customer fails to pay any overdue fees, or in any other way fails to meet its duty as a customer in the eyes of Paul Barrs Publishing Pty Lt.

  1. PAYMENTS UPON TERMINATION

    1. Upon termination, the Customer shall only be liable to Paul Barrs Publishing Pty Ltd for Digital marketing Services provided up to termination date.

    2. Where the Term is a shorter period than would otherwise be the case because it is terminated then Paul Barrs Publishing Pty Ltd shall only be entitled to be paid fees for work done up until the date of such termination.

  1. RETURN OF CONFIDENTIAL INFORMATION

    1. Upon termination of the Agreement for any reason, the Parties will use all reasonable commercial endeavours to return to each other all Confidential Information and any Intellectual Property belonging to the other Party. Where such Confidential Information and/or Intellectual Property is incapable of being returned in tangible form, for example, if it is stored on computer hardware, then each Party undertakes with the other that it will, after providing copies to the other Party, destroy all electronic records of such Confidential Information.

    2. If any website files belonging to the Customer are stored on Paul Barrs Publishing Pty Ltd’s hosting platform, then the customer is responsible for the removal and transfer of such files to another website hosting provider within 7 days of the termination of this agreement.

  2. NOTICES

    1. Any Notice to be served upon Paul Barrs Publishing Pty Ltd pursuant to this Agreement may be effectively served:

      1. by personally delivering it to the registered office of Paul Barrs Publishing Pty Ltd; or

      2. by sending it by email to the email address provided to the Customer by Paul Barrs Publishing Pty Ltd.

    2. Any Notice to be served upon the Customer pursuant to this Agreement may be effectively served:

      1. by personally delivering it to the registered office of the Customer; or

      2. by sending it by email to the email address as provided to Paul Barrs Publishing Pty Ltd by the Customer.

    3. Any address to which Notices under this Agreement may be served on any Party may be amended by that Party giving Notice of such a change.

  1. WHOLE AGREEMENT

    1. The terms of this Agreement shall represent the entire terms of all agreements and understandings between Paul Barrs Publishing Pty Ltd and the Customer.

    2. Paul Barrs Publishing Pty Ltd acknowledges to the Customer that all prior statements, representations, undertakings and promises (if any) given by the Customer to Paul Barrs Publishing Pty Ltd prior to the date of the first invoice have not been relied on by Paul Barrs Publishing Pty Ltd, and Paul Barrs Publishing agrees and acknowledges to the Customer that the terms as contained in this Agreement constitute the entire agreement between them.

  1. GOVERNING LAW AND JURISDICTION

    1. This Agreement and the rights and obligations of the Parties hereunder shall be governed by and construed in accordance with the Laws of the State Queensland, Australia in which Paul Barrs Publishing Pty Ltd has its registered office and the Commonwealth and the Parties hereto submit to the non-exclusive jurisdiction of the Courts of the State of Queensland, Australia.

 

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