In this agreement, unless the context indicates otherwise, the following words have the following meanings:
Claims means all demands, claims, proceedings, penalties, fines and liability (whether criminal or civil, in contract, tort or otherwise).
Confidential Information includes any information marked as confidential and any information received or developed by the Consultant during the term of this agreement, which is not publicly available and relates to processes, equipment and techniques used by the Company in the course of the Company’s business. This includes all information, data, drawings, specifications, documentation, source or object code, designs, construction, workings, functions, features and performance notes, techniques, concepts not reduced to material form, agreements with third parties, schematics and proposals and intentions, technical data and marketing information such as customer lists, financial information and business plans.
Consultant’s Personnel means any person or persons that the Consultant designates to perform the Services on the Consultant’s behalf.
Consultancy Services means the consultancy services to be provided by the Consultant under this agreement.
Facilities means working space, computer equipment, access to the internet and the Company’s computer network, telecommunications system and similar. It includes access to such resources but also use of them to the extent required by the Consultant in order to perform the Consultancy Services.
Fees means [specify amount or refer to an amount or rates set out in the Specification, a schedule to this agreement, or another specific document (which should ideally be annexed as a schedule)].
GST Law means the same as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Intellectual Property includes trademarks, patents, copyrights, processes know-how, registered designs or other like rights or any right to apply for registration of any of the former.
Losses means all losses including financial losses, damages, legal costs and other expenses of any nature whatsoever.
Parties means the Consultant and the Company, and Party mean eithers one of them.
Related Body Corporate has the meaning given in section 50 of the Corporations Act 2001 (Cth).
Specification means the details of the Consultancy Services as set out in the specification in schedule 1.
Termination Date means the earlier of:
- (a)the date of termination of this agreement by the Company or the Consultant; and
- (b)the date of expiry of this agreement.