Independent Contractor Services Agreement

Parties

This Agreement is made between:

This Agreement commences on the date the Contractor signs the Schedule (the “Commencement Date”) and continues until terminated under clause 14. The parties agree as follows.

1.Nature of the relationship

Independent contractor. The Contractor is engaged as an independent contractor carrying on the Contractor’s own business. Nothing in this Agreement creates a relationship of employer and employee, principal and agent, partnership, or joint venture between the parties.

No employee entitlements. The Contractor is not entitled to annual leave, personal/carer’s leave, public holiday pay, notice of termination, redundancy pay, or any other entitlement that applies to an employee under the Fair Work Act 2009 (Cth) or any modern award or enterprise agreement.

Own business. The Contractor represents that the Contractor operates a genuine independent business, holds an Australian Business Number (ABN), is free to accept or decline work from HelloTech and from others, may work for other clients (including competitors of HelloTech) at the same time, and bears the commercial risk and opportunity for profit of that business.

No exclusivity. HelloTech does not require the Contractor to work exclusively for HelloTech, does not require the Contractor to give HelloTech first call on the Contractor’s time, and does not restrict the Contractor from advertising or building the Contractor’s own business while engaged under this Agreement.

Substance governs. Consistent with section 15AA of the Fair Work Act 2009 (Cth), the parties acknowledge that whether a worker is an employee or contractor is determined by the real substance, practical reality and true nature of the working relationship, having regard to the totality of the relationship and how this Agreement is performed in practice. The parties intend that the relationship operate in practice consistently with this clause 1, and HelloTech will not administer this Agreement in a way that is inconsistent with it.

Tax and GST. The Contractor is responsible for the Contractor’s own income tax, GST (if registered) and all other taxes arising from the fees paid under this Agreement. The Contractor will not have amounts withheld as PAYG unless required by law (for example, where a valid ABN is not quoted).

2.The Services

The Contractor agrees to perform the Services described in each accepted Job with due care, skill and diligence, to a professional standard, and in accordance with any reasonable specifications HelloTech provides about the result the Customer has booked.

Result, not hours. The Contractor is engaged to achieve the agreed result of each Job. HelloTech does not direct the manner, method, sequence or hours in which the Contractor performs the Services. The Contractor decides how the Services are carried out, applying the Contractor’s own skill, judgement and tools.

Job record. A completed Job includes the job record: before and after photographs, the parts and materials used, and a written summary of what the Contractor found and what the Contractor did, submitted through HelloTech Pro. The job record is part of the agreed result and is what HelloTech relies on if a Customer raises a warranty claim. When and where the Contractor prepares it is a matter for the Contractor.

HelloTech does not roster the Contractor, does not require the Contractor to be available for any minimum period, does not require the Contractor to clock on or off, and does not require the Contractor to wear a uniform or follow a dress code (see clause 9).

3.Accepting Jobs

HelloTech may, from time to time, offer the Contractor Jobs through HelloTech Pro or by other means. There is no obligation on HelloTech to offer any Job, and no obligation on the Contractor to accept any Job offered.

A separate contract for each Job is formed only when the Contractor accepts that Job. Declining Jobs does not breach this Agreement and will not, of itself, affect the Contractor’s standing to receive future offers.

No minimum acceptance rate. HelloTech does not impose a minimum acceptance rate, a minimum number of Jobs, or a minimum response time, and does not reduce, withhold or throttle Job offers because the Contractor has declined work, has been unavailable, or has taken time away. HelloTech asks (but does not require) that the Contractor respond to an offer promptly so that it can be reoffered to someone else.

Availability. The Contractor sets the hours, days and areas in which the Contractor is willing to receive offers, and may change them at any time. HelloTech will only offer Jobs within them.

Once a Job is accepted, the Contractor is responsible for completing it (or arranging for it to be completed under clause 4) and for rescheduling or cancelling directly with the affected Customer or HelloTech as early as reasonably practicable.

4.Right to delegate and subcontract

Genuine right to delegate. The Contractor may delegate, subcontract or assign the performance of all or part of any accepted Job to other suitably qualified Personnel. This is a genuine and unfettered right that goes to the substance of the engagement, not a mere formality. The Contractor need not personally perform the Services.

How to exercise it. HelloTech provides a means within HelloTech Pro for the Contractor to nominate a delegate for an accepted Job. HelloTech will maintain that facility for as long as this Agreement is in force. Where the facility is unavailable, the Contractor may nominate a delegate by notifying the HelloTech office.

Where the Contractor uses Personnel, the Contractor: (a) remains responsible to HelloTech for the performance of the Services and for the acts and omissions of its Personnel as if they were the Contractor’s own; (b) must ensure each delegate is appropriately skilled, has passed the background-check and verification standards in clause 8, and is bound by confidentiality and other obligations no less protective than this Agreement; and (c) is responsible for paying its Personnel and for all of their tax, superannuation, insurance and workers’ compensation obligations.

Notice, not permission. So that HelloTech can meet its safety, identity-verification and Customer-security commitments, the Contractor will notify HelloTech of the identity of any delegate before that delegate attends a Customer’s premises. HelloTech may decline a particular delegate only on reasonable safety, vetting or qualification grounds, and will give reasons if it does. HelloTech will not unreasonably interfere with the Contractor’s right to delegate, and will not refuse a delegate merely because it would prefer the Contractor to attend personally.

5.Fees and invoicing

HelloTech will pay the Contractor the fees set out in the Schedule or otherwise agreed for each completed Job. Fees are calculated by reference to the Job result, not an hourly wage, save where a per-hour rate is expressly agreed for a Job. The Contractor sees the fee payable for a Job before deciding whether to accept it.

Rates change only by agreement. The Contractor’s agreed rate or percentage does not change except by agreement between the parties. A change to the Contractor’s rate never applies to a Job the Contractor has already accepted. HelloTech may publish uplifts or additional rates for defined categories of work; where it does, they are shown on the offer before the Contractor accepts.

The Contractor will render a tax invoice (compliant with GST law if the Contractor is registered) for completed Jobs. HelloTech will pay correctly rendered invoices in accordance with the Technician Payment and Invoicing Agreement. Alternatively, the parties may use a recipient-created tax invoice (RCTI) arrangement where separately agreed in writing under HelloTech’s RCTI Agreement.

Superannuation. The fees are inclusive of, and the Contractor is responsible for, the Contractor’s own superannuation. The parties intend that, given the Contractor’s genuine right to delegate (clause 4), the provision of the Contractor’s own substantial equipment (clause 6) and the Contractor’s assumption of business risk (clause 7), this is not a contract wholly or principally for the labour of the Contractor for the purposes of section 12(3) of the Superannuation Guarantee (Administration) Act 1992 (Cth). If despite this any superannuation guarantee liability is found to arise, the parties will deal with it under the paragraph below.

Where HelloTech is required by law to make a superannuation contribution in respect of the Contractor, the agreed fee is taken to be inclusive of that amount to the extent permitted by law, and HelloTech may make the required contribution and reduce the cash component of the fee accordingly.

The Contractor bears the cost of rectifying defective work at the Contractor’s own expense (see clause 7), is responsible for the Contractor’s own expenses, vehicle, travel and tools, and is not reimbursed except where expressly agreed in writing for a particular Job.

6.Equipment and tools

The Contractor provides, at the Contractor’s own cost, the substantial tools, equipment, vehicle, software, mobile device and consumables needed to perform the Services. HelloTech does not supply these.

Any access credentials, HelloTech Pro, or HelloTech-supplied materials are provided only to coordinate Jobs and remain HelloTech’s property. They are not “equipment” for performing the Services and must be returned or disabled on termination.

7.Risk, rectification and indemnity

Acknowledgement of risk. The Contractor acknowledges and accepts that providing on-site and remote technical services carries real commercial, safety and financial risk, including risk of: damage to a Customer’s property, devices or data; personal injury to the Contractor, the Contractor’s Personnel, a Customer or a third party; loss of or unauthorised access to data; electrical, working-at-height, manual-handling and travel hazards; and liability to Customers for the quality or outcome of the Services. The Contractor bears these risks as principal of its own business.

Rectification at own cost. If the Services are defective or not performed to the agreed standard, the Contractor must, at the Contractor’s own expense and liability, re-perform or rectify the Services. This rectification liability is a genuine commercial liability of the Contractor, not a notional one.

Customer warranty and money-back guarantee. HelloTech gives its Customers a 30-day workmanship warranty and a money-back guarantee under its Booking Terms. Where a Customer makes a valid claim under either because the Contractor’s Services were defective, incomplete or not performed to the agreed standard, the Contractor must re-perform or rectify the Services at the Contractor’s own expense. HelloTech will notify the Contractor of the claim and give the Contractor a reasonable opportunity to rectify before refunding or crediting the Customer, unless the Customer reasonably declines further attendance by the Contractor or rectification is not reasonably practicable. Where HelloTech refunds or credits a Customer in those circumstances, HelloTech may set off the amount refunded or credited against fees otherwise payable to the Contractor, up to the fees payable for the affected Job.

Indemnity. The Contractor is liable for, and indemnifies HelloTech and its officers, employees and agents against, all loss, damage, cost, expense, claim or liability (including reasonable legal costs) arising out of or in connection with: (a) any act, omission, negligence or default of the Contractor or its Personnel in connection with the Services; (b) any breach of this Agreement by the Contractor, including any breach of confidentiality, privacy or the obligations in clauses 8, 10 and 11; and (c) any damage to property or device, loss of or damage to data, or personal injury caused by the Contractor or its Personnel.

Limits on the indemnity. The indemnity in this clause: (a) is reduced proportionately to the extent the loss is caused or contributed to by HelloTech, its Personnel, or any person other than the Contractor or the Contractor’s Personnel; (b) does not extend to loss HelloTech could reasonably have avoided or mitigated; (c) does not extend to indirect or consequential loss, or to loss of profit, revenue or goodwill; (d) does not apply to the extent HelloTech is actually indemnified under its own insurance, except for any applicable policy excess; and (e) does not require the Contractor to indemnify HelloTech against any liability arising from HelloTech’s own contravention of a law. Nothing in this Agreement limits a liability that cannot be limited by law.

Claims handling. The Contractor must notify HelloTech as soon as reasonably practicable of any incident, damage, injury, loss or claim arising from a Job, must cooperate with HelloTech and its insurer, and must not make, admit, settle or compromise any claim on HelloTech’s behalf. HelloTech will notify the Contractor of any claim to which this clause may apply, will consult the Contractor before settling it, and will not settle a claim in a way that binds the Contractor without the Contractor’s consent, which must not be unreasonably withheld.

8.Background checks, identity and verification

Vetting. The Contractor warrants that the Contractor (and each delegate) has the right to work in Australia, holds any licence, permit or qualification required by law to perform the Services, and will provide evidence of identity, a current National Police Check (issued within the last 12 months) and any other reasonable verification HelloTech requires for Customer safety. The Contractor will renew the National Police Check before it is more than 12 months old. HelloTech may decline to offer Jobs where this is not satisfied.

Photo identification (Customer security). The Contractor agrees to carry and present, on request, photo identification confirming that the Contractor is attending on behalf of HelloTech for the booked service. This is for Customer security and verification purposes.

This identity-verification obligation is a reasonable security requirement to confirm the right person is at the Customer’s door. It is separate from, and operates independently of, the optional branded apparel in clause 9, and does not require the Contractor to wear any HelloTech-branded clothing.

Proportionate response. Where a verification requirement lapses or is not met, HelloTech will tell the Contractor what is outstanding and give a reasonable opportunity to provide it before pausing Job offers, unless the matter is one for which immediate action is warranted under clause 14A.

9.Branded apparel (optional)

HelloTech makes branded apparel (polo shirt and lanyard) available to the Contractor at no cost, to assist Customers in identifying service representatives attending on HelloTech’s behalf. Use of the apparel is at the Contractor’s discretion and is not a condition of engagement. The Contractor remains free to determine their own attire when providing the Services.

10.Confidentiality, data and privacy

The Contractor must keep all Confidential Information strictly confidential, use it only to perform the Services, and not disclose it to any person except Personnel who need it and are bound by equivalent obligations.

Customer data. The Contractor must handle all Customer data and devices lawfully and in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles, and must comply with HelloTech’s Privacy Policy, Data Security Policy and Customer Device Handling SOP. The Contractor must not copy, retain, transmit or access Customer data except as strictly necessary to perform the booked Job, and must not access personal, financial or private files beyond the scope of the Job.

The Contractor must immediately notify HelloTech of any actual or suspected data breach, loss of a device, or unauthorised access involving Customer information, and cooperate with HelloTech’s response. This clause survives termination.

The Contractor’s own information. Nothing in this clause prevents the Contractor from disclosing information where required by law, from discussing the Contractor’s own engagement, rates or working conditions with an adviser, a representative organisation, a regulator or another contractor, or from making a complaint or inquiry to a regulator.

11.Non-solicitation

Customers. To protect HelloTech’s legitimate business interests in its Customer connections and goodwill, the Contractor must not, during the engagement and for the period stated below, directly or indirectly solicit, canvass or approach any Customer whom the Contractor personally serviced through HelloTech in the 12 months before the engagement ended, for the purpose of providing services of the kind HelloTech provides, otherwise than through HelloTech.

Personnel. The Contractor must not, for the same period, solicit or entice away any HelloTech staff member or other HelloTech contractor with whom the Contractor had dealings, to leave or reduce their engagement with HelloTech.

Period: 6 months (cascading). The restraint in this clause applies for whichever of the following periods after the engagement ends is valid and enforceable, the parties intending the periods to operate separately and the longest enforceable period to apply: (a) 6 months; (b) 3 months; (c) 1 month.

What this clause does not do. This clause does not prevent the Contractor from competing with HelloTech, from working for or contracting to any other business including a competitor of HelloTech, from advertising or promoting the Contractor’s own business generally, or from providing services to a person who approaches the Contractor independently and without any solicitation, canvassing or approach by the Contractor. It does not restrict the Contractor’s work outside the kind of services HelloTech provides, and it does not apply to any person the Contractor knew or serviced before, or independently of, their engagement with HelloTech.

Reasonableness and severance. Each restraint is a separate and severable obligation. The parties acknowledge that under the Restraints of Trade Act 1976 (NSW) a court may read down any restraint to the extent necessary to make it reasonable. If any restraint is held unenforceable, it is to be read down or severed to the extent necessary, and the remaining restraints continue.

12.Intellectual property

Assignment. To the extent the Contractor creates any material specifically for HelloTech or a Customer in performing the Services (for example configuration files, documentation, scripts or reports prepared for that Customer or for HelloTech), the Contractor assigns to HelloTech, by way of present assignment of both present and future Intellectual Property Rights, all such rights in that material upon its creation. The Contractor will do all things reasonably necessary to give effect to this assignment.

What stays with the Contractor. The Contractor’s pre-existing materials, tools, templates, methods, and the Contractor’s general skills, knowledge, know-how and experience remain the Contractor’s, and the Contractor is free to use them for any other client. The Contractor grants HelloTech a non-exclusive licence to use the Contractor’s pre-existing materials so far as needed to enjoy the Services.

The Contractor consents (and will obtain its Personnel’s consent) to HelloTech and its Customers using material assigned under this clause in ways that might otherwise infringe moral rights, to the extent permitted by the Copyright Act 1968 (Cth).

13.Insurance

HelloTech’s cover. HelloTech maintains its own public liability and related business insurance, which responds to claims arising out of Jobs booked by HelloTech’s Customers, including work performed by the Contractor in carrying out an accepted Job. The Contractor is not required to hold public liability or professional indemnity insurance as a condition of being offered Jobs.

Recommended, not required. HelloTech’s insurer recommends that contractors carrying on their own business hold their own cover, and HelloTech recommends the same. HelloTech recommends that the Contractor take out and maintain, at the Contractor’s own cost, current public liability insurance of not less than $10,000,000 for any one occurrence and, where appropriate to the technical Services performed, professional indemnity insurance. Whether to do so is the Contractor’s decision alone, as principal of the Contractor’s own business. Declining to hold that cover does not breach this Agreement and does not, of itself, affect the Contractor’s standing to receive Job offers.

Insurance the law requires. Nothing in this clause affects insurance the Contractor is required by law to hold. The Contractor must hold and maintain: (a) where the Contractor engages any worker (including any Personnel under clause 4), workers’ compensation insurance as required by law; and (b) where the Contractor uses a vehicle in performing the Services, compulsory third party insurance and any other motor vehicle insurance required by law.

What HelloTech’s cover does not do. HelloTech’s insurance is HelloTech’s own policy, held for HelloTech’s benefit and subject to its terms, exclusions, limits and excess. It is not a policy held by or for the benefit of the Contractor. It does not cover the Contractor’s tools, equipment, vehicle, income or personal injury, and does not respond to any liability the Contractor incurs otherwise than in connection with an accepted Job. HelloTech may vary, replace or cease that cover, and will give the Contractor at least 30 days written notice if it does. The Contractor should not rely on HelloTech’s cover in deciding what insurance the Contractor’s own business needs.

Contractor’s liability is unaffected. The availability of HelloTech’s cover does not limit, release or vary the Contractor’s obligations under clause 7, including the obligation to rectify defective Services at the Contractor’s own expense and the indemnity given to HelloTech, as limited by that clause. Where HelloTech or its insurer meets a claim caused by the Contractor or the Contractor’s Personnel, HelloTech and its insurer may recover from the Contractor to the extent of the Contractor’s liability under clause 7.

Not an indicator of employment. The parties acknowledge that HelloTech insuring its own business risk is a commercial decision by HelloTech and does not alter the character of the relationship described in clause 1. The Contractor continues to carry on the Contractor’s own business, to bear the commercial risks described in clause 7, and to be free to accept or decline Jobs and to work for others.

Evidence. If the Contractor holds its own insurance, the Contractor may provide certificates of currency to HelloTech and HelloTech will record them. HelloTech will not require certificates of currency for cover that this clause does not require the Contractor to hold.

14.Term and termination

For convenience. Either party may terminate this Agreement for convenience by giving 14 days’ written notice. Termination does not affect any Job already accepted, which must be completed unless otherwise agreed.

Immediate termination. Either party may terminate immediately by written notice if the other party commits a material breach that is not remedied within 7 days of notice, or becomes insolvent. HelloTech may terminate immediately by written notice where the Contractor engages in serious misconduct, meaning conduct that is wilful or deliberate and inconsistent with the continuation of the engagement, including theft, fraud, assault, sexual harassment, intoxication while performing the Services, or conduct causing serious and imminent risk to the health or safety of any person.

Everything else follows clause 14A. Where HelloTech proposes to suspend, restrict or terminate the Contractor’s access to HelloTech Pro for a reason relating to the Contractor’s conduct or capacity, other than serious misconduct, HelloTech will follow the process in clause 14A before doing so.

On termination. The Contractor must return or securely delete all Confidential Information and HelloTech property and cease holding out any association with HelloTech. HelloTech will pay all fees payable for Jobs completed up to termination in the ordinary course. Clauses 7, 10, 11, 12 and 15 survive termination.

14A.Suspension, restriction and removal from HelloTech Pro

What this clause covers. This clause applies where HelloTech proposes to modify, suspend, restrict or terminate the Contractor’s access to HelloTech Pro, in whole or in part, for a reason relating to the Contractor’s conduct or capacity, so that the Contractor can no longer perform work under an existing or prospective Job, or that ability is significantly altered. It does not apply to serious misconduct, which is dealt with in clause 14.

Written warning first. Before restricting or removing access, HelloTech will give the Contractor a written warning that: (a) sets out the conduct or capacity concern with enough detail for the Contractor to understand and answer it; (b) states that access may be restricted or removed if the concern is not remedied within a reasonable time, is repeated, or another concern arises; and (c) states that the Contractor may seek assistance or support from a person of the Contractor’s choosing (other than a lawyer acting in a professional capacity), who may be a delegate or an employee of an organisation.

Immediate action where warranted. HelloTech need not give a warning first where it considers on reasonable grounds that the matter warrants immediate suspension or restriction, including where there is a risk to health or safety, a loss of a required licence or accreditation, suspected fraud or dishonesty, or a referral to law enforcement. Where HelloTech suspends access on this basis it will notify the Contractor in writing of the suspension, its effect and its expected duration, and will proceed under the paragraphs below without unreasonable delay.

Preliminary notice and a right to respond. Before terminating access, HelloTech will give the Contractor a written preliminary notice that sets out the reason, states that termination of access is being considered, and tells the Contractor that the Contractor may respond in writing or in a discussion with a HelloTech representative within a reasonable period specified in the notice, and may bring a support person.

A person decides, not an algorithm. A HelloTech representative who is a natural person will consider the Contractor’s response and make any decision to restrict or terminate access. HelloTech will not restrict or terminate access by automated decision-making alone, and will make any further inquiries reasonably warranted by the Contractor’s response.

Ratings and performance measures. HelloTech will not restrict or terminate the Contractor’s access solely because a customer rating or other automated performance score has fallen below a threshold. Any performance standard HelloTech applies must be published to contractors in advance, must be notified to the Contractor before it is applied to the Contractor, must not be applied retrospectively to work performed before that notification, and must allow the Contractor a genuine opportunity to improve. HelloTech will have regard to the Contractor’s overall record and to the reasons given for any negative rating.

Outcome and final notice. HelloTech will decide either to take no further action, in which case any suspension is lifted, or to terminate access, but only where the reason is a valid reason and HelloTech considers on reasonable grounds that it has been established. HelloTech will give the Contractor written notice of the decision as soon as reasonably practicable, setting out the decision, the reason for it, when it takes effect, and when and how any final payments will be made.

Restoration. If a suspension is lifted or a decision reversed, HelloTech will restore the Contractor’s access, including access to the Contractor’s own data, job history and earnings records, and to a standing no lower than immediately before the suspension or termination.

Records. HelloTech will keep a record of each warning, notice, response and decision under this clause for at least 7 years, and will provide the Contractor with a copy of the records relating to the Contractor on request.

Effect on the relationship. The steps in this clause are procedural fairness measures. They do not give HelloTech control over the manner in which the Contractor performs the Services and do not alter the character of the relationship described in clause 1.

15.General

No authority. The Contractor must not hold itself out as an employee, partner or agent of HelloTech, incur any liability on HelloTech’s behalf, or make any representation or warranty to a Customer on HelloTech’s behalf beyond what HelloTech authorises in writing.

Compliance with laws and policies. The Contractor must comply with all applicable laws in performing the Services, including work health and safety, consumer, privacy and licensing laws, and with HelloTech’s Contractor Code of Conduct and related policies as updated from time to time. HelloTech will give the Contractor reasonable notice of any material change to those policies.

Assignment. The Contractor may delegate performance under clause 4 but may not assign this Agreement as a whole without HelloTech’s written consent, which must not be unreasonably withheld. HelloTech may assign or novate this Agreement to a related body corporate or purchaser of its business.

Entire agreement. This Agreement, together with the Technician Payment and Invoicing Agreement and the Schedule, is the entire agreement between the parties about its subject matter and supersedes prior arrangements.

Variation. This Agreement may be varied only in writing signed or accepted electronically by both parties. HelloTech may update operational and platform procedures that do not change the Contractor’s substantive rights or obligations by giving at least 14 days’ written notice. If the Contractor does not wish to accept such an update, the Contractor may terminate this Agreement without penalty by written notice before the update takes effect. HelloTech will not vary the Contractor’s rate, the restraint in clause 11, the indemnity in clause 7 or this clause otherwise than by agreement.

Severance and unfair terms. If any provision is invalid or unenforceable, it is to be read down or severed to the minimum extent necessary, and the rest of the Agreement continues. No term of this Agreement is intended to be unfair. If a term would otherwise be unfair, it is to be read down to the extent necessary so that it is not, and if it cannot be read down it is severed.

Notices. Notices under this Agreement may be given in writing by email to the address on the Contractor’s profile, through HelloTech Pro, or by post. A notice given through HelloTech Pro is only effective while the Contractor retains sufficient access to read and respond to it.

Dispute resolution. Before commencing proceedings (other than for urgent relief), the parties will attempt in good faith to resolve any dispute by discussion and, failing that, by mediation. This clause does not prevent either party from exercising a right to apply to a court, tribunal or the Fair Work Commission, and does not prevent the Contractor from making a complaint to a regulator.

Costs. Each party bears its own costs of negotiating and entering into this Agreement.

Governing law. This Agreement is governed by the laws of New South Wales, and the parties submit to the non-exclusive jurisdiction of its courts.

Independent advice. The Contractor confirms it has had the opportunity to obtain independent legal and financial advice before signing and enters this Agreement freely as principal of its own business.

16.Rights that cannot be excluded

Nothing in this Agreement excludes, restricts or modifies any right or remedy the Contractor has under the Fair Work Act 2009 (Cth), the Australian Consumer Law, the Independent Contractors Act 2006 (Cth) or any other law, where that right or remedy cannot lawfully be excluded, restricted or modified.

In particular, and without limiting the above, this Agreement does not prevent the Contractor from: (a) applying to the Fair Work Commission for a remedy in relation to a term of this Agreement that the Contractor considers unfair, where the Contractor is eligible to do so; (b) applying to the Fair Work Commission in relation to a deactivation, where the Contractor is eligible to do so; (c) seeking advice or representation from a person or organisation of the Contractor’s choosing; or (d) making a complaint or inquiry to the Fair Work Ombudsman, the Australian Taxation Office or any other regulator.

To the extent any term of this Agreement would have the effect of excluding, restricting or modifying such a right or remedy, that term does not apply.

Acknowledgement

By signing below, the Contractor confirms that the Contractor has read and understood this Agreement, accepts the risks described in clause 7, understands that HelloTech’s own insurance applies to accepted Jobs and that the Contractor is recommended but not required to hold the Contractor’s own cover under clause 13, and agrees to be bound by these terms as an independent contractor.

Schedule: Contractor details and signatures

Part A: Contractor details

When the Contractor signs, the Schedule records the following details (completed by the Contractor):

• Contractor name or entity
• ABN
• Trading or business name
• Address
• Email and phone
• Agreed fees (per Job or rate card)
• GST registered? (Yes or No)
• Public liability insurer and policy number (optional, if held)
• Professional indemnity insurer and policy number (optional, if held)
• Police check date

Part B: Signatures

The Schedule is signed by an authorised representative of HelloTech and by the Contractor (or, where the Contractor is a company or trust, by a person authorised to sign on behalf of that entity). Each party records their name, position or entity, and the date of signing.

Contact

This Independent Contractor Services Agreement is governed by the laws of New South Wales, Australia. HelloTech Australia Pty Ltd (ABN 21 675 579 674). Version 1.0, effective 3 June 2026. This is the current version and supersedes all earlier versions.