TEKKON STAFF AUGMENTATION AGREEMENT
This Contract is made between Tekkon Technologies Pty Ltd (‘Tekkon’) and any entity which accepts the scope, terms and conditions of the Contract in accordance with Clause 23 (‘The Client’).
RECITALS:
A. Tekkon is in the business of providing its clients with outplacement or outsourcing services, including the placement of remote contractors referenced here as “Tekkon Staff Members”.
B. The Client has asked, or is considering asking, Tekkon to offer its services to The Client for the placement of contractors.
C. Tekkon offers candidate Tekkon Staff Members with their corresponding rates and any additional terms in a proposal. The Client can then accept the rates and additional terms in accordance to Clause 23.
D. Tekkon will provide the Services to The Client on the terms and conditions of this Service Agreement.
IT IS AGREED as follows:
1. DEFINITIONS AND INTERPRETATION
Schedule 1 sets out the Definitions and Interpretation rules for this Service Agreement.
2. DAY TO DAY OPERATION OF THIS AGREEMENT
2.1 The processes by which The Client may engage Tekkon, make a Request for Services, select an appropriate Tekkon Staff Member and perform other day-to-day activities pursuant to this Contract are set out within the initial Client proposal, which by incorporation forms part of this Service Agreement.
2.2 The Client acknowledges and agrees that by entering into this Agreement with Tekkon, this Agreement does not create, establish or otherwise constitute an employment relationship or agreement with Tekkon. This Agreement does not create a partnership or agency relationship between The Client and the Tekkon Staff Member who does not have any authority to enter into written or oral (whether implied or express) contracts on behalf of The Client.
3. DURATION
3.1 This Service Agreement will commence on the Commencement Date and will continue on a month to month term until terminated in accordance with clause 12.
3.2 Clients that opt to trial a Tekkon Staff Member would need to comply with the trial period of not less than 5 days or a maximum of 10 calendar days.
4. PAYMENT
4.1 The Client must pay Tekkon for the Services in the amounts and at the time set out in Schedule 1 and upon such terms and conditions on Tekkon’s website which by incorporation forms part of this Service Agreement.
4.2 The provisions of Schedule 1 forms part of and are operative under this Contract.
5. LIMITED LIABILITY
5.1 Tekkon is not liable for any errors, omissions, inaccuracies or incorrect conclusions with respect to the quality, character, work history, qualifications or any other characteristics of any Tekkon Staff Member beyond the provisions set out in 11. WARRANTIES.
5.2 Tekkon is not liable for any loss, damage, costs or compensation (whether direct or indirect) which may be suffered by The Client, or for which The Client may become liable, arising from:
a. The introduction by Tekkon of Tekkon Staff Members to The Client (or any delay in such introduction);
b. The failure of any Tekkon Staff Member to accept an offer of an Assignment; or
c. The performance of any Tekkon Staff Member who accepts an Assignment with The Client.
6. THE CLIENT’S INDEMNITY TO Tekkon
6.1 The Client indemnifies Tekkon in respect of losses, liabilities or claims arising from or related to:
a. Any acts and omissions of any Tekkon Staff Member when performing his or her obligations during an Assignment with The Client;
b. Any injury suffered by (including death of) a Tekkon Staff Member because of that Tekkon Staff Member performing his or her obligations; and
c. Any damage to property because of the performance of any obligations by a Tekkon Staff Member.
7. RESTRICTION ON DIRECT HIRING OF TEKKON STAFF MEMBERS AND CANDIDATES
7.1 If The Client or a related body corporate make an offer of permanent employment or further projects or different assignments to a Tekkon Staff Member who is performing an Assignment for The Client (or who has performed an Assignment for The Client during the previous twelve (12) months) which is accepted by that Tekkon Staff Member, The Client must pay to Tekkon 5,000.00 AUD plus GST for each Tekkon Staff Member employed by the Client.
7.2 Upon termination of this Contract, The Client or a related body corporate cannot make an offer in respect of a contract, permanent employment, further projects or different assignments to a Tekkon Staff Member who is performing an Assignment for The Client (or who has performed an Assignment for The Client during the previous twelve (12) months) until after 12 months following the termination of this Contract.
7.3 The Client cannot directly offer contract, permanent employment, projects or assignments to a Tekkon Staff Member’s friends, family members, referrals and network to perform an Assignment for The Client without the involvement and approval of Tekkon.
7.4 Exchanging and asking for any information relating to the agreement such as contract payments and rate between Tekkon and Tekkon Staff Member is strictly prohibited under this agreement.
7.5 If the Client breaches clauses 7.2 and 7.3 above, The Client must pay to Tekkon an agreed placement fee of 5,000 AUD plus GST for each Tekkon Staff Member or person employed by The Client.
8. INTELLECTUAL PROPERTY
8.1 Each party acknowledges and agrees that, except for the rights expressly provided for in this Contract and to the extent so provided, neither party shall acquire any rights, title or interest in or to any pre-existing Intellectual Property Rights of the other party including without limitation any tools and any methodologies used by the parties in the performance of this Contract.
8.2 All Intellectual Property Rights which are or may be created by the Tekkon Staff Member / Tekkon Candidate during the course of providing the Services for the Assignment are and remain at all times The Client’s property.
8.3 All material prepared by the Tekkon Staff Member during the term of this Contract arising out of or concerning the Services (“the Contracted Material”) shall be the sole property of The Client and the ownership of and any Intellectual Property Rights subsisting in any such work shall vest in The Client. All information relating to The Client’s customers, users, and in particular and without limitation, customers, user of Client’s site, and all rights associated with such information are the exclusive property of The Client.
8.4 On termination of this Contract, the Tekkon Staff Member will immediately deliver any material, software or hardware given by The Client to Tekkon so that Tekkon may return them to The Client subject to payment of freight changes by The Client.
8.5 Tekkon, the Tekkon Staff Member and The Client acknowledge and agree that they cannot use, re-use, distribute, publish, license, sub-license, reproduce, create derivative work, copy, supply or communicate any Intellectual Property Right which belongs to the other party except as required by law.
8.6 All material prepared by the Tekkon Staff Member during the term of this Contract arising out of or concerning the Services (“the Contracted Material”) shall be executed without infringement of any other parties Intellectual Property Rights. Tekkon will be liable for all arbitration or litigation costs if deemed to have fraudulently obtained any other parties Intellectual Property Rights.
9. PRIVACY
9.1 The parties (including the Tekkon Staff Member) agree that they will handle all Personal Information in accordance with the Privacy Laws, and that they will use Personal information solely for the purpose of carrying out their respective obligations pursuant to this Contract.
10. CONFIDENTIAL INFORMATION
10.1 Subject to Clause 10.2, the Parties may only disclose any Confidential Information where disclosure is required by law or by any notice, order or regulation of any regulatory authority (a ‘Disclosure Obligation’).
10.2 When a Disclosure Obligation occurs:
a. The Party that is subject to the Disclosure Obligation must inform the other party in writing of any disclosure required by a Disclosure Obligation before or, if this is not practical, as soon as the disclosure is made.
b. The Party that is subject to the Disclosure Obligation must use reasonable endeavors to (and assist the other Party to) restrict distribution of the Confidential Information disclosed and otherwise take all reasonable steps to preserve the confidentiality of the Confidential Information the subject of the Disclosure Obligation.
c. The parties must consult with each other and endeavor to agree the content of any announcement the Party that is subject to the Disclosure Obligation is required to make (to the extent practical within the requirements of the Disclosure Obligation).
d. The Party that is subject to the Disclosure Obligation must not, without the prior written consent of the other Party, take (or omit to take, or procure, suffer, or permit to be taken) any action as a result of which it may become subject to a legal obligation to disclose Confidential Information, except for actions which necessarily arise in connection with this Agreement.
11. WARRANTIES
11.1 Each party represents and warrants to the other party that as of the date of this Contract:
a. It has full corporate power to execute, deliver and perform its obligations under this Contract and each Request for Services issued to Tekkon under this Contract.
b. There are no actions, claims, proceedings or investigations pending or threatened against it or by it of which it is aware, and which may have a material effect on the subject matter of this Contract.
c. It has all licenses, authorizations, consents, approvals and permits required by all applicable laws and regulations in order to perform its obligations under this Contract, and otherwise complies with all laws and regulations applicable to the performance of those obligations;
d. It has provided, or will provide, its employees, contractors and subcontractors with appropriate training, information and procedures to ensure ongoing compliance with this Contract, the Tekkon Privacy Policy and all relevant laws.
e. Tekkon will perform background/qualification checks for all employees which it provides to THE CLIENT and will not assign unqualified personnel to THE CLIENT.
f. Tekkon guarantees that the Tekkon Staff Member that Tekkon recruits and assigns to THE CLIENT will have the qualifications THE CLIENT requests. If THE CLIENT finds any Assigned Tekkon Staff Member’s qualifications or general work-related behavior lacking and lets Tekkon know within the notice period Tekkon will credit the current invoiced period of the assignment and will make reasonable efforts to replace the Tekkon Staff Member immediately. If the Staff Member is not replaced within 20 business days the Client has the right to terminate the agreement with no further penalty. No further charges will be incurred by The Client during this period. The Client has the right for refusal of any CV without reason of replacement Tekkon Staff Members during the 20 business day replacement period.
g. Tekkon guarantees to keep its relationship and work completed for The Client strictly confidential. Tekkon will not promote or divulge any work related to The Client in any promotional or marketing material without expressed written consent from The Client.
12. TERMINATION
12.1 A party (“the first party”) may immediately (or with effect from any later date it may nominate) terminate this Contract by written notice to the other party if:
a. the other party materially breaches this Contract or any other Contract between the parties and fails to remedy such breach within 5 Business Days of receipt of notice from the first party specifying the breach and requiring it to be remedied;
b. a receiver, controller, liquidator, administrator or other like person is appointed for the whole or substantially the whole of the other party’s assets, undertaking or business;
c. a mortgagee or chargee enforces a security held in respect of the whole or substantially the whole of the other party’s assets undertaking or business;
d. a scheme of arrangement between the other party and its creditors is entered into;
or
e. the other party becomes insolvent or is otherwise unable to pay its debts as and when they become due.
12.2 Subject to the Client complying with the provisions set out in Schedule 1, The Client may appoint the Tekkon Staff Member on a trial basis which is a minimum of 5 days and a maximum of 10 days. During the trial period The Client may terminate the Tekkon Staff Member immediately.
12.3 Subject to The Client complying with the provisions set out in Schedule 1, if The Client appoints the Tekkon Staff Member other than on a trial basis, The Client may terminate the Tekkon Staff Member in the following manner:
a. if the Tekkon Staff Member has been appointed by The Client for less than 6 months from his or her appointment, a period of 1 weeks’ notice is required;
b. if the Tekkon Staff Member has been appointed by The Client for more than 6 months, a period of 2 weeks’ notice is required;
c. if termination is due to breach of Warranties 11(e) 11(f) The Client may terminate with no notice period. Provisions 12.3 (a) and (b) are voided. Furthermore as per the Warranties 11(f) Tekkon will refund any pre-payments.
12.4 Provisions of this agreement that are capable of having effect will survive its termination.
12.5 The expiry or termination of this Contract will not affect or limit any accrued rights of the parties.
12.6 Upon termination:
a. The Client will return to Tekkon all Tekkon’s Confidential Information, copies of Tekkon’s Intellectual Property Rights and any other property Tekkon has provided to The Client during the Contract; and
b. Tekkon and/or the Tekkon Staff Member will return to The Client all The Client’s Confidential Information, copies of The Client’s Intellectual Property Rights and any other property The Client has provided to Remove Staff and/or the Tekkon Staff Member during the Contract.
13. DISPUTE RESOLUTION
13.1 Any disputes between Tekkon Contact and The Client’s Contact for any Request for Services must be first raised between these Contacts and if not resolved immediately brought to the attention of Tekkon’s senior management. The dispute must relate to the hours billed and worked, not the quality of work performed or delivered by the Tekkon Staff Member.
13.2 Any conflict that arises in accordance with clause 13.1 which cannot be resolved must be notified to Tekkon’s senior management in writing immediately by serving a Dispute Notice.
13.3 If a dispute arises in accordance with Clauses 13.1 and the parties cannot resolve that dispute within seven (7) days, the parties must attend mediation administered by the WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION (WAIRC) before having recourse to arbitration or litigation.
13.4 In the event that the dispute has not settled within 28 Business Days or such other period as agreed to in writing between the parties after the appointment of a mediator, the dispute is to be submitted to arbitration (administered by WAIRC) and conducted in accordance with WAIRC’s Arbitration Guidelines which are deemed incorporated subject to the following changes:
a. the arbitration is deemed to commence and take place in Perth, Australia;
b. the arbitration does not require personal appearances of the parties or witnesses; and
c. the arbitration is to be conducted by telephone link and/or solely based on written submissions and written statements;
d. any award made pursuant to the arbitration may be entered in any Court of competent jurisdiction for enforcement.
14. NOTICE
14.1 Any notice or notification to be given to one party by the other under this Contract must be in legible writing, in English and served upon the other party at the nominated contact address.
15. SEVERABILITY
15.1 If any part of this Contract is held by any court or administrative body of competent jurisdiction to be illegal, void or unenforceable, that determination will not impair the enforceability of the remaining parts of this Agreement which will remain in force.
16. ASSIGNMENT
16.1 Tekkon may assign its rights pursuant to this Contract to any Related Body Corporate and provide The Client with written notice of such Contract Placement but may not assign its rights pursuant to this Contract to any other parties without the prior written consent of The Client which may not be unreasonably withheld.
16.2 The Client may assign its rights pursuant to this Contract to any Related Body Corporate and provide Tekkon with written notice of such Contract Placement but may not assign its rights pursuant to this Contract to any other parties without the prior written consent of Tekkon which may not be unreasonably withheld.
17. ENTIRE CONTRACT
17.1 Subject to Clause 1, this Contract constitutes the entire Contract of the parties about its subject matter and supersedes any previous understandings or Contracts on that subject matter. Each party acknowledges that in entering into this Contract, that it:
a. has not relied on any statement made or conduct engaged in by another party or any person on behalf of another party other than the statements set out in this Contract;
b. was not influenced or induced to enter into this Contract by any statement or conduct.
18. FURTHER ASSURANCES
18.1 Each party will promptly at the request of another party execute and deliver such further documents and do such further acts as shall be reasonably necessary to give full effect to this Contract and the transactions and conditions contemplated in this Contract
19. WAIVER
19.1 A waiver by a party of a provision of or a right under this Contract or of any right of election arising from a breach of this Contract must be in writing and signed by the authorized officer of the party granting the waiver.
20. AMENDMENTS
20.1 Tekkon may amend the provisions of this Contract from time to time to such extent as is necessary to comply with the law in any jurisdiction in which this Contract is operative. All amendments will be communicated to The Client. Client has the right to Terminate this agreement if it deems these changes material to it’s business.
21. GOVERNING LAW
21.1 This Contract will be governed and construed pursuant to the laws of Western Australia, Australia and the parties agree to submit to the jurisdiction of the courts of Western Australia in connection with any dispute relating to this Contract.
22. FORCE MAJEURE
22.1 Notwithstanding anything to the contrary in this Contract, neither party shall be deemed to be in default of or to have breached any provision of this Contract as a result of any delay, failure in performance or interruption of service, resulting directly or indirectly from acts of God, natural disasters, acts of war, insurrection or terrorism, strikes or lockouts, failure of the Internet or any other event which may reasonably be classified as a “Force Majeure” event. Nothing in this clause affects The Client’s obligation to make any payment under Schedule 1 as and when the payment falls due.If Tekkon is unable to perform duties for more than 10 days due to Force Majeure The Client has the option to terminate this agreement with no penalty imposed – including no penalty as defined in Terminations 12 of this agreement.
23. ACCEPTANCE
23.1 The Client accepts the scope, terms and conditions of this Contract by:
a. The Client making a payment of any amounts listed within Schedule 1, including but not limited to set up fees, monthly fees and/or any payment of Tekkon invoices (whichever is the earliest); or
e. The Client indicating its acceptance by electronically or physically signing and returning this agreement to Tekkon.
24. DUTY OF CONFIDENTIALITY
24.1 Tekkon and the Tekkon Staff Member acknowledge that during this Contract they may each have access to Confidential Information of The Client.
24.2 Tekkon and the Tekkon Staff Member warrant and undertake not to disclose, use or otherwise deal with any Confidential Information regarding The Client except:
a. for the purpose of providing the Services;
b. when required to do so by law; or
c. with the prior written consent of the Client.
24.3 Confidential Information shall include, but not be limited to, any information, which relates to the business, processes, operation, methodology, communications, information, techniques, services, pricing, strategies, programming or research or any information that Tekkon or the Tekkon Staff Member acquired during the term of this Contract.
24.4 On the termination of this Contract, or earlier if required to do so by either party, the Tekkon Staff Member shall return to the Client any material containing Confidential Information then in his or her possession, or destroy or delete any copies of such material in his or her possession. Tekkon Staff Member must carry out an immediate hand over of all existing tasks.
25. TEKKON STAFF MEMBER
25.1 The parties agree that:
a. Tekkon may supervise, direct or control the Tekkon Staff Member’s work or services as may be required or requested from time to time by The Client;
b. Tekkon may control the Tekkon Staff Member or over the services provided by the Tekkon Staff Member to The Client; and
c. Tekkon may make representation as to the reliability, capability or qualifications of any Tekkon Staff Member or the quality of any service provided.
d. The Client may only contract the Tekkon Staff Members for Part time, which is 20 hours a week or Full time, which is 40 hours a week only. Any reductions or deviations from the two set schedules will be considered temporary.
26. CUSTOMER SUPPORT SERVICE
26.1 Tekkon provides a customer support service to The Client that includes the following services:
a. to confirm to The Client that the Tekkon Staff Member is working online or not;
b. to ensure that the Tekkon Staff Member starts work on time;
c. to contact the Tekkon Staff Member who is late for work and notify The Client accordingly;
d. to monitor the Tekkon Staff Member’s online activities to ensure that the Tekkon Staff Member is providing the Services; and
e. to manage the payroll.
27. TRIAL BASIS HIRING
27.1 If The Client:
a. Selects and appoints a Tekkon Staff Member from the Available Staff List or from our Custom Recruitment endorsements; and
b. Wants to work with the Tekkon Staff Member on a trial basis, The Client must use the Prepaid Trial System subject to parties agreeing that The Client may appoint a Tekkon Staff Member selected and appointed pursuant to a Request for Services on a trial basis upon the terms and conditions of this Contract.
27.2 The Prepaid Trial System applies exclusively in relation to The Client who wants to select and appoint the Tekkon Staff Member on a trial basis.
27.3 The Client must deposit the Invoiced sum with Tekkon before the Tekkon Staff Member provides any services under the Assignment (“Available Balance”). The Client must always maintain a credit balance of Available Balance with Tekkon.
27.4 The Client may schedule a trial period of a minimum of 5 days or a maximum of 10 days of 8 hour shifts for the Tekkon Staff Member subject to Available Balance held by Tekkon being in credit.
27.5 The Client may extend the trial period specified in clause 4 above subject to Tekkon’s absolute discretion, and during the trial period the Tekkon Staff Member provides the services to The Client on a non-exclusive basis.
SCHEDULE 1 – FEE STRUCTURE
Regular Billing System
1. If The Client selects and appoints a Tekkon Staff Member:
a. after a trial period has been completed; or
b. on any basis other than on a trial basis; or
c. pursuant to the Request for Services
Then The Client must use the Regular Billing System.
2. The Regular Billing System applies to The Client who selects and appoints the Tekkon Staff Member on an exclusive basis on daily rates.
3. The Client must pay Tekkon for the Services in advance by using either of the following 2
Options:
a. prepaid payments
b. regular monthly payments
-Via-
Direct Debit of Credit Cards and Bank Accounts Electronic Fund Transfer
4. In relation to Minimum Billable Contract Hours
Tekkon Staff Member contracted On Day Rate or Ad-Hoc will be invoiced to The Client at a minimum of one day except when Tekkon Staff Member is not able to work or make up for the unworked hours
Tekkon Staff Member contracted Full Time will be invoiced to The Client at a 20 days except when Tekkon Staff Member is not able to work or make up for the unworked hours Tekkon Staff Member.
5. In relation to the Direct Debit of Credit cards and bank accounts, all accounts established are on direct debit default settings.
The Client must provide a signed authority form and all necessary details (as required by Tekkon) to allow Tekkon to charge or claim the amount invoiced at the interval agreed upon against the credit card or Australian bank account provided by The Client.
6. Each payment under the Regular Payment Option is to be made in advance or on an agreed fixed monthly date.
7. The Clients are able to make payments via electronic fund transfer (EFT) into Tekkon’s AUD bank accounts, GBP bank accounts and USD bank accounts.
8. If there is any overtime payments due on Regular Monthly Payments, the amount of overtime chargeable to The Client will be included in the following month’s invoice.
Note that any billable hours could be disputed by a Client up to the 20th of the month he is being billed for. Once the Tekkon Staff Member are paid, the option to dispute, question or ask for adjustments related to past month’s billing are no longer available.
Insufficient funds
9. Credit in your available balance needs to be always in surplus in order for you to access your Tekkon Staff Member.
Without having credit in your account, you will not have access to your Tekkon Staff Member. Your Tekkon Staff Member will be suspended from working for you until payment is made.
10. During the Suspension Period, The Client must pay to Tekkon any amount in arrears or required to maintain the Available Balance otherwise Tekkon is entitled to terminate the Contract.
Office Location
11. The Tekkon Staff Member shall provide the Services from an office building located in their country of residence. The Office will have modern computers suitable for most development applications. Each cubicle will be 1.2m X 0.7m in size with 24 hour backup generators and consistent fast internet connections.
Computer, Telephone and Internet Charges
12. Tekkon is responsible for supplying the telephone account and standard software and hardware as required and the covering of telephone charges incurred by the Tekkon Staff Member in the performance of their duties for the Client. If The Client requires the Tekkon Staff Member to have faster internet access over 10mbps download and 10mbps upload speeds and/or connection then The Client may elect for this option by informing Tekkon and paying an access fee [a month] in advance, dependent on the plan selected by the client which may be prorated at Tekkon’s absolute discretion. This access fee is payable at the same time and in the same manner as any other payment due to Tekkon. Any termination fees required to be paid due to early cancellation of the selected internet plan will be covered in full by the Client.
Holidays
13. All public holidays in Nepal will be observed by the Tekkon Staff Member unless requested otherwise by The Client or the Tekkon Staff Member.
14. The Tekkon Staff Member is entitled to request leave on non public holidays provided at least three days otice is provided to The Client.
SCHEDULE 2 – DEFINITIONS AND INTERPRETATION
In this Contract, unless the context requires another meaning:
‘Access Fee” – the monthly changes or fees incurred by staff when the Client requires them to having an internet connection plan higher than what Tekkon requires. This fee is to be covered by the client.
“Assignment” means a temporary placement The Client has for a Tekkon Staff Member. On a month to month basis automatically renewable monthly;
“Assignment Specification” means the information The Client includes in the relevant Request for Services for each Assignment, including:
a. The Client’s identity;
b. The start date of the Assignment;
c. The services to be provided during the Assignment by the Tekkon Staff Member;
d. The temporary rate of pay for the services;
e. The duration of the Assignment;
f. The location of the Assignment.
“Available Balance” – is the amount of money the Client has put in to his prepaid account with Tekkon, which is available for use for the client’s contracted Tekkon Staff Members and any service offered by Tekkon.
“Available Staff List” is our managed list of Tekkon Staff Members from which Clients may select people to hire from.
“Business Day” means a day on which banks are open for business in Western Australia, Australia.
“Commencement Date” is the date the Tekkon Staff Member begins working for the client.
“Commencement date of contract” means the date this Contract is accepted by The Client.
“Confidential Information” means any proprietary information or material belonging to a party, including, without limitation, all data and information relating to a party and their respective operations, facilities, personnel, assets, products, sales and transactions whether or not such information is provided to a party to this Contract before or after the Commencement Date.
“Contract” means this Contract and its schedules as amended from time to time in writing by the parties.
“Contact” means: accounts@tekkon.com.au
“Custom Recruitment” is our service designed to aid Clients to find the specific type of staff they wish to hire based on requirements they set beforehand by completing our Job Specification Form. This service is for free, but doesn’t include outbound telemarketers & appointment setters. Tekkon reserves the right to decline offering this service.
“Credit Card Online Payment” – refers to payments made by the Client via credit card via the internet or other electronic media
“Direct Debit of Credit Cards and Bank Accounts” – Any Australian, UK and USA bank account chargeable via direct debit online facilities.
“Electronic Fund Transfer” – refers to the client directly transferring payments and funds to Tekkon via electronic media
“Fees” means the fees specified in Schedule 1.
“GST” means a goods and services tax, consumption tax, value-added tax, retail turnover tax or a tax of a similar nature. (GST is non-applicable to companies outside Australia)
“Holding Account” – is an amount held or reserved from the Available Balance of the Prepaid Account that may be used for payment of the Tekkon Staff Member’s overtime hours, unpaid salary and the like.
“Input Tax” means an amount equal to the amount of GST paid or payable for the supply of anything acquired.
“Intellectual Property Rights” means all rights whether registrable, registered or unregistered in any patent, trademark, trade name, business name, brand name, company name, copyright, registered design or other design right or circuit layout right or any applications for or rights to obtain or acquire any such rights including moral rights.
“Management fee” – are fees imposed by Tekkon to cover operational and administrative expenses in the event of the Client’s noncompliance of our payment terms.
“Moral Rights” means rights and integrity, rights of attribution and other rights of an analogous nature which may now exist or may exist in the future in respect of licensed property under the Copyright Act 1968 (Cth) or under the law of any country other than Australia.
“Personal Information” means any information about an individual that identifies that individual, or by which that individuals’ identity can be reasonably determined and any further information can be considered personal by the Privacy Legislation.
“Prepaid billing System” is the payment method Tekkon has in place for clients to pay in advance for hours that can be used for Tekkon Staff Members so that the Client could experience working with someone first before they consider adding that candidate as an exclusive Tekkon Staff Member basis.“Primary Payment” means any payment by Tekkon to The Client of any fees or any amount payable by The Client to Tekkon under this Contract.
“Prepaid payments” – applies to methods of payments used in the prepaid billing system wherein clients maintain and available balance with Tekkon.
“Privacy Legislation” means the Privacy Act (Cth) 1988 and the Privacy and Personal Information Protection Act NSW 1988.
“Tekkon” means Tekkon Technologies Pty Ltd
“Regular Billing System”- is the system or method the client would like to use with Tekkon when he or she Contracts at least one Tekkon Staff Member. The 2 methods or systems are prepaid payments and regular monthly payments.
“Regular Monthly payments” – refers to the payment system wherein client is invoiced regularly at the beginning of each month or payment cycle for the services of the Tekkon Staff Member.
“Tekkon Trial Service Provider” means any individual who is processed by Tekkon Recruitment for the purposes of endorsement and potential contracting by a Tekkon Client. Tekkon Staff Members going through a prepaid trial are by no means exclusive to the client conducting the trial.
“Tekkon Clients” means businesses and organizations that retain the Services of Tekkon to provide the Services on similar terms to this Contract including The Client.
“Tekkon Privacy Policy” means the privacy policy provided to The Client by Tekkon from time to time.
“Tekkon Staff Member” means any individual who provides their Services to The Client through Tekkon for Assignments from time to time, in accordance with Tekkon’s terms and conditions of engagement and this Contract.
“Request for Services” means the request sent by The Client to Tekkon from time to time in accordance with client’s acknowledgement request found on the Tekkon website. Means the request sent by The Client to Tekkon from time to time in accordance with the Clients online acknowledgement request found on the Tekkon websites.
“Tekkon Website” refers to the websites Tekkon has online. These include:tekkon.com.au, tekkon.com.np and tekkon.io
“Remote Access” – the ability to monitor, interact and collaborate online via the internet
“Services” means the services to be provided to The Client by Tekkon specified in each Request for Services issued by The Client to Tekkon under this Contract.
“Shifts” – are referred to as daily 8 or 4 hour work schedules that Tekkon Staff Members must adhere to in the service of the Clients
“Suspension Period” – the set amount of time when the Services of the Tekkon Staff Member to the client are put on hold or Suspended pending payments from the Client on outstanding balances. This may also refer to suspensions when the clients prepaid account is out of funds.
“Tax Invoice” means an invoice in the format required by the law and which also shows the amount of the GST payable by The Client in respect of the relevant Primary Payment and jurisdiction.
“Trial period” – is defined as the limited time a client contracts a Tekkon Staff Member to test whether or not the person has sufficient skills to work with the client for the long term.
“Third Party” means a party not being a party to this Contract; and
“The Client” means the entity that accepts the scope, terms and conditions of this Contract in accordance with Clause 23, and goes on to engage Tekkon to provide it with outplacement services.
“Trial basis” – is contracting the services of a Tekkon Staff Member for a limited amount of time so the Client may better gauge his/her abilities.
“Written” means a document issued by a party to another party and includes without limitation an electronic communication sent through the internet and a soft copy of a document attached to any electronic communication sent through the internet.