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Free of charge: Create Your Own Contract

Freelancer-Documents

This is a contract template providing you with a mechanism to create your own contract ensuring that you cover the important elements. (PDF file, 7 pages, 237 KB)

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Unformated preview of the document: 'Create Your Own Contract' (Part 2):

and it fits your practical circumstances.
Here's a clause taken from our Green for Go! contract checklist: 'The Sub-Contractor must not, for a period of six (6) months from the expiry of the Contract Period or the termination of this Agreement, whichever is later, provide Services directly or indirectly to the Client or in connection with the Project without the prior written approval of the Principal.'
Responsibility for fixing faulty or
As a contractor it's a normal
Here's a clause taken from our Green for Go! contract checklist:
incomplete work
expectation that you will fix any deficiencies in your work.
'The Sub-Contractor must ensure that the Services are performed and completed in a timely and cost effective manner and that any deficiencies in Services are rectified by the Sub-Contractor at the Sub-Contractor's cost'.
Procedures for settling disputes
You should not enter a contract that does not have a clear dispute-resolution procedure otherwise any dispute creates the possibility of expensive legal action. We strongly suggest that you have an agreed dispute arbitrator when you and your client cannot agree on how to resolve a dispute.
If there is a dispute under any clause in this contract, the parties agree to meet and discuss the dispute and attempt to reach resolution. If no resolution is reached, the parties agree to refer the dispute to an independent arbitrator ... who shall make a final and binding decision on the parties. Each party shall cover its own costs.
Variations
Your contract is your business. Your contract should not be capable of being changed unless you give your written agreement.
Here's a clause taken from our Green for Go! contract checklist: 'Subject to a written agreement between the parties, the Services may be changed or extended.'
Contract Termination
This is the area of contracts that causes most dispute. Clients frequently want contracts that enable them to terminate the contract at any time for no reason. It is quite normal for a clause to require termination if either party becomes bankrupt/insolvent.
Here's a clause taken from our Green for Go! contract checklist: 'Should the Client wish to give notice of early termination, then the Client agrees to the payment of the difference between the standard (base) rate and the discounted rate (if any) for the period served and payment of the standard rate for the balance of the term of the contract.'
Other than this, termination (for no reason) should have pre-agreed conditions.
Here's what this contract might look like
1. The Parties This contract is between Warehouse Pty Ltd of 17 Big St (ACN ......) And Painter Partners of 10 We Paint St (ABN ....)
2. Agreed work and services Painter Partners will paint the full exterior of the warehouse at 17 Big St using ... brand of paint with ... coats etc etc
3. Price and Payment Terms The agreed price is $... which shall include GST. Warehouse Pty Ltd will pay Painter Partners under the following schedule.
 10% before painting starts.
 40% on the first coat being finished and before the second coat application begins.
 50% (balance) on completion of the job following inspection and approval by Mr Inspector.
4. Intellectual Property Warehouse shall only be entitled to the intellectual property developed for and on behalf of Warehouse during the contract term for work directly undertaken by Painter Partners.
5. Confidential Information Any confidential information acquired by Painter Partners in connection with the provision of the Services must be held in the strictest confidence both during and after the Contract Period. Release, copying, removal from Warehouse premises or any use of any of that information other than for the performance of the Services requires the prior written approval of Warehouse.
6. Indemnity To the extent permitted by law, Painter Partners shall not be liable to Warehouse or to any third party for any loss or damage arising directly or indirectly in connection with the provision of services. Warehouse indemnifies and holds harmless Painter Partners from and against any claims, costs, expenses, actions or suits suffered, sustained or incurred by the Warehouse or any third party.
7. Insurance Painter Partners must produce to Warehouse, upon demand, evidence of insurance held by Painter Partners including that for workers' compensation in respect of any Nominated Employee.
8. Assignment The rights and obligations of each Party under this Agreement cannot be assigned, changed or otherwise dealt with other than in accordance with this Agreement, without the prior written consent of the other Party.
9. No Exclusivity The provision of Services by Painter Partners is not exclusive to

Unformated preview of the document: 'Create Your Own Contract':  Part 1, Part 2, Part 3

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