1. Introduction

1.1 Purpose: This Agreement sets forth the terms under which [Your Name], as an independent nursing contractor operating under ABN [Your ABN], provides services to clients. 1.2 Acceptance: Utilization of [Your Name]'s services constitutes acceptance of these Terms and Conditions.

2. Provision of Services

2.1 SCOPE: Ankit Shrestha will provide professional nursing services tailored to the client's needs. Assignment periods typically range from 4 to 6 weeks.

2.4 Billing will be calculated based on the actual hours our temporary employee works on an assignment, with a minimum daily billing of four hours per shift.

2.5 If a shift is canceled less than four hours before it is due to start, a cancellation fee equal to two hours' work will be applied.

2.6 Should a shift be cancelled at the time it was scheduled to begin, a cancellation fee equivalent to four hours' work will be imposed.

2.7 To authenticate hours worked, the Time Sheet of our temporary employee must be signed by any regular nurse at the end of each shift, in cases where an administrative personnel is unavailable.

3. ASSIGNMENT:

Clients are obliged to validate timesheets on a weekly basis by Monday. A client's endorsement of a timesheet, either through a signature or email, will serve as an acceptance of Ankit Shrestha's services as a Temporary Worker and an agreement to compensate for the logged hours or days.

The client holds the responsibility for guiding, controlling, and supervising Ankit Shrestha throughout the Assignment. Ankit Shrestha is not accountable for any losses, liabilities, expenses, or costs that may arise from the Temporary Worker’s conduct, mistakes, or oversights during the Assignment period. As Ankit Shrestha operates under your supervision:

a) You recognize your joint responsibility with Ankit Shrestha, as per legal requirements, for ensuring the work health and safety of Ankit Shrestha while on assignment.

b) You commit to engaging in consultation, cooperation, and coordination with Ankit Shrestha and any relevant parties in matters related to work health and safety, in line with the provisions of the Model Work Health & Safety Laws or any applicable workplace health and safety legislation. This includes compliance with relevant health and safety codes of practice or guidelines established by law.

It is essential that the Assignment is carried out in a secure environment, with an emphasis on maintaining an appropriate staff ratio. A precise statement of duties should be clearly communicated before the commencement of the contract.

3. TIMESHEET:

Clients are required to confirm timesheets each week on Monday. A client's signature or email approval of a timesheet will be considered as acknowledgment of satisfactory service from a Temporary Worker and a commitment to pay for the recorded hours or days. Invoices will also be issued on Mondays.

On a daily basis, if the designated person is unavailable to sign the timesheet, another representative from your organization must review and sign it. This signature serves as verification of the hours worked. The employer's signature is mandatory as it's a part of the process to validate the timesheet. This provides adequate evidence for daily time logging.

Furthermore, weekly approvals, along with the corresponding invoices, will be forwarded to the Roster/Management team.

3. Fees and Charges

3.1 Hourly Fee Structure:

Morning Shift: $83
Afternoon Shift: $89
Night Shift: $97
Saturday: $117
Sunday: $127
Public Holidays: $149

3.2 Billing and Payment Process: Invoices will be generated on a weekly basis. Payments should be made within 7 days following the invoice issue date. Late payments will attract an interest charge of 4.5% per annum, calculated above the Reserve Bank of Australia's standard cash rate.

(Currently not registered for GST)

4.1 Assignment Preparation: Before beginning an Assignment, both parties will agree on the working hours and the rate (hourly or daily) to be paid by the Client to Ankit Shrestha.

4.3 Overtime Conditions: If a Temporary Worker's hours exceed 10 hours per day or 38 hours per week, the Client agrees to pay an overtime rate, as previously agreed upon.

4.4 Reimbursable Expenses: Travel and accommodation expenses will be reimbursed by the Client as per the terms of the Assignment.

4.5 Weekly Invoicing: Ankit Shrestha will issue invoices to the Client weekly, based on the hours or days worked.

4.8 Annual Rate Review: Ankit Shrestha may revise the rates annually on January 1st by no more than 5%, except in cases of significant CPI increases.

4.9 Fee Obligation: A fee is due and payable under this Agreement regardless of whether the Temporary Worker was known to the Client prior to the introduction.

5. Payment & Additional Costs

5.1 Incurrence of Additional Costs: Additional charges will be incurred only with the Client’s agreement and will be billed at previously agreed rates. The Client is liable for these costs, regardless of whether the Temporary Worker is ultimately placed in the Assignment.

The hiring facility will handle and bear all necessary travel and accommodation expenses. For transits exceeding 6 hours, suitable transit hotel accommodations should be arranged for the duration of the extended transfer.

Invoices will be issued every Monday.

5.2 Payment Terms: The Client is required to pay all invoices within 7 days from the date of each invoice.

5.3 Invoice Acceptance: An invoice is deemed accepted if the Client does not raise a dispute within 7 days from its issue date. Late payments will incur interest on the unpaid amount from the due date to the date of payment, at an annual rate of 4.5% above the cash rate of the Reserve Bank of Australia.

5.4 Dispute and Payment: Any dispute regarding specific charges on an invoice does not affect the Client's obligation to pay the undisputed parts of that invoice or other due invoices. The Client has no right to offset disputed amounts against payments due.

5.5 GST and Fees: All fees are currently exclusive of GST, as the service is not GST registered at the moment. When applicable, GST will be charged on fees at the prevailing statutory rate.

5.6 Recovery of Overdue Payments: The Client will be responsible for any costs incurred in recovering overdue amounts.

7. Termination of Assignments

77.1 Termination Rights: Both parties have the right to terminate the Assignment, with the notice period and conditions to be agreed upon in writing or via email before the Assignment begins.

Unsafe living conditions or an unsafe work environment are valid reasons for terminating the contract.

7.2 Client-Initiated Termination: The Client may terminate the contract with Ankit Shrestha immediately in cases of dishonesty, serious misconduct, or gross negligence.

7.3 Notification of Termination: Ankit Shrestha will be responsible for acknowledging any termination. The Client will be liable for any claims made by Ankit Shrestha if proper termination procedures are not adhered to.

7.4 Compensation for Termination: If Ankit Shrestha's contract is terminated for any reason, the Client must compensate for the actual time worked up to the point of termination, including any notice period. Compliance with this clause requires the submission of timesheets.

7.5 Payment Instead of Notice: The Client may opt to make a payment instead of providing a notice period.

7.6 Transportation Costs: In the event of contract termination, the Client is responsible for covering all transportation costs related to Ankit Shrestha's return to the home airport at the destination.

4. Travel and Accommodation

4.1 Travel and Accommodation Responsibilities: The hiring facility is responsible for organizing and funding all travel and accommodation expenses. For transits exceeding 6 hours, suitable transit hotel accommodations must be provided.

The minimum baggage allowance should be 20kg.

Safe accommodation, ideally located near the facility, is required. If such accommodation is not feasible, the client is to provide transportation or reimburse fuel costs during the contract period. These terms are subject to negotiation at the contract's initiation.

In case of early termination of the contract, the client is obligated to cover the costs of round-trip travel.

These conditions are to be mutually agreed upon at the beginning of the contract.

9. Police Checks

9.1 Police Certificate Requirement: I will maintain a current police certificate, not older than three years, and ensure its renewal before expiration. This certificate will confirm that I have not been:

a) Convicted of murder or sexual abuse.

b) Convicted of, and sentenced to imprisonment for, any other type of assault.

9.2 For New Employment: Should I take on any new employment roles, the following will be ensured:

9.3 Statutory Declaration: In compliance with the Commonwealth Statutory Declarations Act 1959, I will sign a Statutory Declaration stating that I have never been convicted of:

a) Murder or sexual abuse; or

b) Convicted of, and sentenced to imprisonment for, any other type of assault.

9.4 International Residency Declaration: If I have been a citizen or permanent resident of a country other than Australia after turning sixteen years old, I will sign a Statutory Declaration form as prescribed by the Commonwealth Statutory Declarations Act 1959. This declaration will affirm that I have never been:

a) Convicted of murder or sexual abuse; or

b) Convicted of, and sentenced to imprisonment for, any other type of assault.

6. Client Responsibilities

6.1 Work Environment: Clients are required to maintain a safe working environment and ensure ongoing support from their senior management.

2.1 As a sole worker, the following will be ensured by the client:

a) Provide complete and precise information about the job requirements pertinent to the assignment.

b) Conduct a thorough induction for me, covering the use of equipment, workplace health and safety, and standard operating procedures.

c) Arrange for a buddy shift system, ensuring I am paired with an experienced colleague for each shift type, like a buddy for night shifts when I am assigned to them.

d) Notify me if a proper induction cannot be provided by the client and requires my involvement to complete it.

e) Facilitate periodic safety assessments and workplace orientations, and provide copies of safety audits, operational memos, or minutes of any workplace health and safety (WHS) meetings upon request.

f) Assign tasks and responsibilities consistent with the assignment description and not require work beyond the agreed scope.

g) Avoid requesting me to perform tasks or use equipment with which I am unfamiliar, unqualified, or inadequately trained for.

h) Ensure proper supervision, instruction, and direction while I am on assignment.

i) Adhere to all relevant laws concerning workplace health and safety, discrimination, and harassment in relation to my duties.

j) Provide necessary safety consumables appropriate for the tasks assigned.

k) Promptly inform me of any unusual risks or changes in workplace conditions that may pose a hazard.

l) Respond to any reasonable requests for ensuring my health and safety at work and promptly address any safety concerns or deficiencies.

m) Ensure coverage under appropriate insurance policies, including public liability and workers' compensation, as mandated by relevant legislation.

n) Report any performance-related feedback or issues in writing, enabling effective management of any concerns.

o) Promptly report any workplace incidents, accidents, or potential claims involving me in writing.

p) Inform me about available free training, courses, or conferences relevant to my role.

q) Maintain the confidentiality and privacy of information provided about my employment, whether in writing or verbally.

12.2 Acknowledgement: It is acknowledged that while on assignment, I am under the day-to-day control and supervision of the client, and not performing services as an employee of the client.

7. Insurance and Liability

7.1 Insurances: Ankit Shrestha maintains professional indemnity insurance, public liability insurance, and worker's compensation insurance. These policies ensure coverage for various potential liabilities and risks associated with the provision of professional services.

7.2 Liability Limitation: Ankit Shrestha’s liability is confined to direct damages. It does not extend to indirect or consequential losses. This means that liability is limited to losses or damages directly and clearly caused by Ankit Shrestha's actions or omissions, excluding any losses that are unforeseen or not directly related to the incident in question.

8. Confidentiality

8.1 Confidential Information: Both parties agree to maintain the confidentiality of any information that can be reasonably considered confidential, or that is designated as confidential by the disclosing party. This includes the contents of this Agreement and any details related to the services provided. Such information will not be disclosed to third parties without the express consent of the other party, except where disclosure is mandated by law or if the information is already public knowledge, provided that such public availability did not arise from a breach of this confidentiality clause.