Kamerunga Villas

POOL MAINTAINENCE CONTRACT

THIS SERVICES AGREEMENT  is made the First day of May 2012

BETWEEN:

1. Kamerunga Villas

and

1. Mermaid Pools Cleaning Service

PO Box 505

Redlynch

Qld 4870

Services

1.                   Kamerunga Villas engages  the  Contractor  to  provide,  and  the  Contractor agrees to provide, the services set out in Annex 1 (“the Services”) on the terms and conditions set out in this Agreement.

Standard of Work

2.             In providing the Services to the Kamerunga Villas, the Contractor:

2.1           shall  exercise  reasonable  skill,  care  and  diligence  and  shall  apply  the highest professional standards;

2.2           shall observe current published policies of the Kamerunga Villas relating to Health and Safety, Bullying and Harassment, Discrimination.

2.3.          shall do nothing which is likely to bring the Kamerunga Villas into disrepute or which is materially contrary to the interests of the K;amerunga Villas

2.4           may apply his own method of work and shall comply with the reasonable requests  of  the  Kamerunga Villas Representative  named  in  Annex  1  or  that person’s designate as to the effective performance of the Services;

2.5           shall correct any errors at the Contractor’s own expense;

2.6           unless otherwise agreed shall provide all equipment and materials;

Term

3.              Subject to Clause 8, this Agreement shall be deemed to commence on 01/05/2012 and shall continue until 30/04/2013

Other Work

4.             The  Contractor  will  not  be  restricted  to  providing  services  for  the Kamerunga Villas, and nothing in this Agreement will prevent the Contractor from providing services to anyone else, provided that such provision of services does not interfere or conflict with the provision of the Services to the Kamerunga Villas pursuant to this Agreement.

Remuneration and Expenses

5.1           The Contractor shall be paid the fee set out in Annex 2 in accordance with the payment arrangements set out in Annex 2.

5.2           The Contractor shall be wholly responsible for all income tax which may be payable out of, or as a result of the receipt of, any fees or other monies paid or payable by the Kamerunga Villas under this Agreement.

Insurance

6.             The Contractor shall maintain in force for the duration of this agreement adequate public liability

Assignment of interest

7.             The Contractor may not sub-contract, assign, transfer, mortgage or part with this Agreement or any of its rights, duties or obligations under this Agreement without prior written consent from the Kamerunga Villas.

Termination

8.1           Notwithstanding Clause 3, the Kamerunga Villas shall be entitled to terminate this Agreement  with  immediate  effect, if the Contractor:

8.1.1           Commits a serious breach of the terms of this Agreement which the Contractor fails to remedy within 14 days of receipt of written notice from the Kamerunga Villas specifying the breach and requesting specific remedy;

8.1.2           Persistently  neglects,  fails  or  refuses  for  whatever  reason  to perform to the satisfaction of the Kamerunga Villas the Services which are to be provided under this Agreement;

8.1.3           Becomes unfit to perform the Services under this Agreement or incapable of performing them adequately for a consecutive period of six weeks; or

8.1.4           Has  a  receiving  order  made  against  him,  or  makes  any arrangement with his creditors.

8.2           The Contractor may also terminate the Contract by  giving  the  Kamerunga Villas  at  least  28  days'  prior  written  notice the Kamerunga Villas shall pay the Contractor the proportion of the fees which relate to work properly and necessarily carried out up until expiry of the notice but the shall not be Kamerunga Villas liable for any other loss or expense suffered by the Contractor.

8.3           In the event of the termination of this Agreement the Kamerunga Villas shall only be liable to the Contractor in respect of fees and expenses in accordance with the terms of this Agreement up to the effective date of termination.

AGREED by the Parties through their authorised signatories:

For and on behalf of the Kamerunga Villas

S Usher                                              R Woodman                                       Neil

Neil White                                          B Svendsen                                       Shane Pitout

Paul Grant

By the Contractor

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