Contractor & Service Agreement
This Contractor & Service Agreement (“Agreement”) is made and entered into by both parties: Mr Telco Pty ltd ("MrTelco.com," "the Company," "we," "our," or "us,") and the Contracting Company (known as the “Contractor,” “the contractor,” or “you,”).
In consideration of the promises, rights and obligations set forth below, the parties hereby agree as follows:
This Agreement will commence by either pressing the checkbox to sign-on as a Contractor online on the mrtelco.com website or by written undertaking on the date of signing this Contractor Agreement, if Mr Telco Pty Ltd requested to do so offline.
Terms of Trade
All Contracting Companies that perform work on behalf of Mr Telco Pty Ltd must be registered as a Pty Ltd Company and you must be able to provide documents displaying sufficient evidence of the following insurances and cover prior to taking on any work for our company.
i) Public Liability Insurance for the amount of $20,000,000.
inc. Economic loss claims, arising from, in relation to, or in connection with the Services, loss, destruction, or damage to real or personal property, or injury to, or disease or death of persons;
ii) Personal Accident & Illness Insurance and/or WorkCover Insurance policy.
iii) Motor Vehicle Insurance.
iv) Tools of Trade/Stock Insurance (covering your total value of industry specific tools or stock used to complete your jobs).
v) Specific Tools of Trade insurance covering specific equipment provided by the Company, named a "Mr Telco Tester MODEL: MRT-69 VGHXDTW" for amount $1800 inc GST and should be covered for lost, theft and damage.
All Companies must also be registered for GST.
The Contractor will provide the following services:
Installation, commissioning and fault locating of telecommunications systems, cabling and computer network equipment set out as either Products or Services we provide made available on our website.
The Contractor shall take direction from Mr Telco Pty Ltd representatives or as directed by Company’s Board of Directors. Additional services or amendments to the services described above may be agreed upon between the parties.
3. Contractor Rates of Pay & Assignment
The Contracting Company agrees to provide Services and accepts the Contractor rates set out on the Contractor Rate Card, which is downloadable and available once the Contractor has agreed to these terms and conditions set out within this agreement. The rates are subject to weekly updates and pricing reviews as well and additional services, products or service types may be added or removed as the Company deems suitable.
The Contractor will be notified by way of e-mail of any significant modifications made to the Contractor rates card for services carried out and we request the Contractor to login to the ‘Contractor online web portal’ weekly to review the current service rates. If the Contractor commits to accepting by way of completion of a job assigned, we can assume they’ve agreed to the Contractor Rate Card at the date the services were carried out and will be paid according at that particular schedule.
Materials and products are to be included and supplied by the Contractor and included as part of the specific job and associated rate on the Contractor Rate Card. Our Company will not supply parts to Contractor, nor compensate for parts to complete the work.
For example, if the Contractor is given a job for a “Phone line installation,” the amount specified as payment for that particular job would cover all material required to complete the work. This would include in this example the phone cable, labour, wall-plate and any related sundries needed to complete the particular job or installation assigned to the Contractor.
In the case a Contractor has been onsite for any time and over the 1.25 hour assignment (First 15 minutes is given for familiarization and assessment prior to commencing work) for any particular job, the Contractor is then given option to charge the customer in 15 minute increments and for any unforeseen parts not covered within the initial scope of the product or service and will inform the customer at the first available opportunity, and then only after the customers approval before continuation to charge per 15 minute increments at the rates specified in the Contractor Rate Card.
Upon every customer job a Contractor attends, they are sent a unique SMS linking to a mobile friendly webpage in which they can add or remove products and services holding a monetary value for that particular Customer’s job. This webpage must be updated correctly to allow for correct payment to Contractors and correct receipt or invoice issuance to the Customer. This is the Contractors responsibility and any cost/product/service which has been incorrectly entered and paid for by the Customer and cannot be rectified by our internal Company procedure may be payable by the Contractor or forfeited from the Contractors remittance.
A Contractor can only add additional service/product types and extra 15 minute labour increments detailed under the Contractor Rate Card, whilst onsite and must be agreed by the Customer. At no point will the Company make payment to Contractor for any claim for service after the Contractor has left the customer site and when a customer has not agreed to make payment.
Should the Contractor not wish to accept the current Contractor Rates, they are to advise a Mr Telco representative and terminate this agreement set forth below.
4. Communications & Equipment
All Contractors must be available by way of communications 0700AM-1800PM daily except Sunday and authorise Mr Telco representatives to contact you using mobile, landline, e-mail or any general communication method.
The Contractor must have the following equipment in order to carry out the contracted work;
i) Mobile Phone or Smartphone capable of high speed data using either 3G/4G LTE or equivalent with hotspot/tethering ability.
ii) A Laptop Computer with ability to tether to the mobile for internet access and have relevant industry software installed.
iii) Installation of software program called ‘Teamviewer’ for remote communication fault identification and assistance (downloadable at teamviewer.com).
iv) Serial rs232 to USB cable with Hyper-terminal or Putty telnet program installed on computer.
vi) ADSL2+/VDSL2 tester at a minimum (can be leased by the Company)
vii) F-SET for tracing cables
viii) TDR and/or OTDR for measuring cable distances and faults (can be leased by the Company).
5. Contractor Procedures Overview
i) Contractors will provide two weeks’ notice or have notified a Mr Telco representative for any days/hours which they aren’t available to provide services between 0700AM – 1800PM daily except for Sunday.
ii) Mr Telco will receive jobs from both residential and business customers.
iii) Mr Telco will assign particular jobs to serviceable areas.
iv) Mr Telco will assign jobs to a particular suitable Contractor, in which they’ll receive an SMS and job card usually the evening before the work.
v) The Contracting Company must pre-call the customer 1 hour prior to arrival to advise of their attendance or if delayed from a previous job.
vi) Upon completion of each job or installation the Contracting Company will update and close off each job on their mobile devices to ensure payment.
vii) Should the Contracting Company have doubts or questions relating to customer charges whilst onsite, they are to gain the approval or advice from a Mr Telco representative while on the customer premises, and failure to do so may result delayed, incorrect or non-payment to the Contractor.
The Contractor shall observe all applicable industrial laws, awards and regulations in each sphere of its activities in connection with the Services and carry out the Services under this Agreement in accordance with the highest professional standards. Any Contractors carrying out Services for our Company shall be registered with a minimum ACMA OPEN registration license and hold any applicable related endorsements, public liability insurances and WorkCover which are current and dated.
A Contractor will be required to represent the Company by wearing Mr Telco branded Shirts when attending a Customer from Mr Telco.
Mr Telco will withhold a total of $120 inc GST per year and will dispatch 4 shirts to a Contractor every 12 months. Extra shirts are $30 each to be purchased through the Company.
The Contracting Company will represent themselves to our Customers in the most professional and friendly way possible. You must be clean and well-presented, and wearing Mr Telco uniforms to our customer’s premises. You must also when calling our customers, refer to yourself as being a Mr Telco technician or installer for identification purposes only.
8. Contractor Service Warranty & Insurance Claims
The Contractor agrees to provide a warranty of 60 days from the time and date a Contractor first arrives on a Customer premises to perform work on behalf of Mr Telco and will provide a timely revisit (within 1 business days) to rectify any issues or concerns which have arisen from a Customer complaint or at the request of a Mr Telco representative.
Should the Contractor fail to revisit the Customer’s premises or, if at the Customers request, does not want the assigned Contractor to return to the premises to rectify and resolve the issue, our Company may withhold Contractor payments for the total job amount and may also withhold any further amount in addition, which would then be used to assign another Contractor to rectify any and all warranty issue and claims from the Customer.
Should the Contractor decide to terminate the agreement, our Company may wish to withhold the final payment for up to 60 days to cover any potential warranty or revisit claim(s) made by a Customer. Our Company may first ask the Contractor if they'd prefer to revisit to rectify the issue, if that option is not viable, we'll assign the job to another technician and subtracting the amount from the final payment.
The Contractor agrees to indemnify the Company from all claims for loss, personal injury, negligence or property damage traveling to and from and whilst at the Customer premises and will take full responsibility and wear all cost, charges and expenses where any of the described above may arise from a Customer complaint or at the request of a Mr Telco representative.
The Contractor agrees to utilise and exhaust their Insurances &/or Public Liability policy claims process in the case that claims for loss, personal injury, negligence or property damage have occurred in relation to carrying out any work on Behalf of Mr Telco for our Customers. The Contractor maybe given option to satisfy and rectify any of the above described without engaging the Contractors Insurance claim process, however this will be on a case by case basis, taking into consideration many factors inlcuding monetary damage value, level of Customer disruption and complaint, decided by a Mr Telco representative. Mr Telco may also decide to withhold any Contractor payments until full resolution of any outstanding matter.
If the warranty issue can be proven otherwise, the Contractor is to first prove by way of evidence, photos or any way possible and e-mail to email@example.com.
9. Missed Customer Appointments
Should the Contractor not be able to make a customer scheduled appointment, we must be advised immediately to arrange an alternative time for the customer. A Contractor who have missed an appointment without making attempt to contact either the customer or Mr Telco to arrange an alternative arrangement, and failure to comply we may decide to terminate this agreement set forth below.
10. Not in Attendance (NIA)
Mr Telco will not be responsible for any type of payment to a Contractor who have attended a Customer’s premises where a customer is not present onsite for the Contractor to complete the Services. You must pre-call the Customers and mitigate such a situation and ensure the Customers will be on-site from start to finish of the jobs. Failure to do so will result in non-payment to a Contractor where a Customer hasn’t made payment.
11. Customer Payments
Upon arrival you must first assess the job is aligned with the current job type associated on your mobile webpage job card and ensure the customer has sufficient payment method either by way of Credit or Debit Card prior to commencing any work. Mr Telco does not guarantee any payments to Contractors where you have not first confirmed their payment method or sufficient funds available from the customer.
i) Residential Customers must pay with Credit or Debit card only.
ii) Business Customers must pay with Credit or Debit card or optional invoice, however the former is preferred.
iii) Should any Customer have failed payment methods specified above, we make it possible to accept cash in full for payment, however not our preferred method.
12. Work Load & Schedule
We do not guarantee any minimum amount of work or job assignment to the Contractor. This is solely depending on Customer bookings and schedule coming through to our Business. You may experience a continuous amount of work one week and days/weeks where work is just not available. If you don’t receive an SMS Job card through the prior evening, there’s a high chance you have no work on that day, unless we get jobs drop in on the day, in which case, we will contact you to see your availability.
The vehicle requirement is negotiable however we prefer the following type of vehicle:
• White/Grey Colour.
• Commercial vehicle, van, Ute or station-wagon.
• Less than 6 years old.
• Tool and stock caddy type racks and secure lockable containment.
Subject to providing the services as outlined above, the Contractor will be paid as per our Contractor Rate Card available for download within the Contractor Login Portal biweekly and only upon completion of the services, plus GST. The Company forward a payment summary with the proposed payment amount biweekly and only upon completion of the services, with payment due within 7 business days of receipt of the payment summary to the Contractor.
The Contractor will provide the Contractor’s services to the Company as an independent Contractor and not as an employee.
• The Contractor agrees that the Company shall have no liability or responsibility for the withholding, collection or payment of any taxes, employment WorkCover insurance premiums or superannuation contributions on any amounts paid by the Company to the Contractor or amounts paid by the Contractor to its employees or contractors. The Contractor also agrees to indemnify the Company from any and all claims in respect to the Company’s failure to withhold and/or remit any taxes, WorkCover insurance premiums and superannuation.
• The Contractor agrees that as an independent Contractor, the Contractor will not be qualified to participate in or to receive any employee benefits that the Company may extend to its employees.
• The Contractor is free to provide services to other clients, so long as such other clients are not in competition with the Company and so long as there is no interference with the Contractor’s contractual obligations to the Company.
• The Contractor has no authority to and will not exercise or hold itself out as having any authority to enter into or conclude any contract or to undertake any commitment or obligation for, in the name of or on behalf of the Company.
• Contractors will not hold, be entitled to, be offered nor possess any equitably interest or ownership rights within Mr Telco Pty Ltd; including any assets, trademarks, copyrights and goodwill the Company may own or have within it's control.
• The Contractor has no authority to act as, nor impersonate a Company representative in any capacity other than presenting themselves to a customer as a 'technician' or 'installer' only.
16. Confidentiality and Intellectual Property
The Contractor hereby acknowledges that it has read and agrees to be bound by the terms and conditions of the Company’s confidentiality, privacy and proprietary information agreement set out on the websites Terms & Conditions and which forms an integral part of this Agreement. If the Contractor retains any employees or contractors of its own who will perform services hereunder, the Contractor shall ensure that such employees or contractors execute an agreement no less protective of the Company’s intellectual property and confidential information than the attached agreement.
The Contractor hereby represents and warrants to the Company that it is not party to any written or oral agreement with any third party that would restrict its ability to enter into this Agreement or the Confidentiality and Proprietary Information Agreement or to perform the Contractor’s obligations hereunder and that the Contractor will not, by providing services to the Company, breach any non-disclosure, proprietary rights, non-competition, non-solicitation or other covenant in favor of any third party.
The Contractor hereby agrees that, during the term of this Agreement and for one (1) year following the termination hereof, the Contractor will not (i) recruit, attempt to recruit or directly or indirectly participate in the recruitment of any Company employee or (ii) directly or indirectly solicit, attempt to solicit, canvass or interfere with any customer or supplier of the Company in a manner that conflicts with or interferes in the business of the Company as conducted with such customer or supplier.
The Contractor hereby indemnifies, and agrees to keep indemnified the Company and its respective officers, servants, employees and agents, against all losses, liabilities, claims and expenses which arise from:
(a) any act or omission of the Contractor in connection with the Services whether at common law, or for breach of statutory duty, or under any other statute or law;
(b) any injury or damage suffered by the Contractor;
(c) without limiting the above, any act or omission of the Contractor that causes or contributes to any loss, liability, claim or expense being incurred by the Company under or in connection with the Contract.
The Contractor shall take out and maintain adequate insurance to cover its obligations under this Agreement.
The Contracting Company relationship contemplated by this Agreement is to conclude on 1st of July 2017 unless terminated earlier as set forth below. The Contractor agrees that no additional advance notice or fees in lieu of notice are required in the event the relationship terminates on 1st of July 2017.
The Contractor agrees that the Company may terminate this Agreement at any time without notice or any further payment if the Contractor is in breach of any of the terms of this Agreement.
The Company may terminate this Agreement at any time at its sole discretion, upon providing to the Contractor 1 calendar days advance notice by way of e-mail to the Contractor written from a Mr Telco representative or it’s directors of its intention to do so.
The Contractor may terminate this Agreement at any time at its sole discretion upon providing to the Company 7 calendar days’ notice of Contractor’s intention to do so. Upon receipt of such notice the Company may waive notice in which event this Agreement shall terminate immediately.
19. Obligations Surviving Termination of this Agreement
All obligations to preserve the Company’s Confidential Information, Intellectual Property and other warranties and representations set forth herein shall survive the termination of this Agreement.
By ticking the checkbox on our Contractor Sign-Up page, you are agreeing to the terms of this Contractor & Service agreement.