Credit Application Form

This contract is made between iStaff Australia Pty Ltd
[ABN 42 630 742 915) (iStaff) and (Client).

1. When the Client requests iStaff, whether in writing or verbally, to supply an iStaff employee or employees. (iStaff Employee) to undertake work of any nature for or on behalf of the Client (Assignment), this will constitute an order of an iStaff Employee by the Client (Order).

2. The Client's Order of each iStaff Employee for an Assignment will constitute the Client's acceptance of these Terms and Conditions of Business (Terms) and both the Client and iStaff acknowledge that these Terms will be contractually binding and form the legal contract between the Client and iStaff even if these Terms are not signed by either the Client or iStaff.

3. For the avoidance of doubt, these Terms will apply to the parties from the placement of the first Order following iStaff providing a copy of these Terms to the Client and will continue to apply to every occasion that the Client utilises the services of any iStaff Employee regardless of whether or not these Terms are reissued to the Client on each occasion the Client utilises the services of any iStaff Employee.

4. The Client accepts the current iStaff hourly charge rates for each iStaff Employee that works on an Assignment (Fee) as notified by iStaff to the Client at or about the time of the placement of each Order.

5. On commencement of any Assignment the Client must:

a. Meet with each iStaff Employee to familiarise them with the environment and objectives of the relevant Assignment;

b. Carry out introductions of the Client's relevant employees and contractors who will work with each iStaff Employee;

c. Provide site-specific safety inductions for each location at which any iStaff Employee will perform Work:

d. Ensure that the Client's relevant employees and contractors who will work with any iStaff Employee have received training in relation to the prevention of workplace bullying;

e. Ensure that the Client's relevant employees and contractors who will work with any iStaff Employee have received training in relation to the prevention of sexual harassment and other sex-based unlawful conduct:

f. Ensure that all necessary IT access to the Client's IT systems is provided to each iStaff Employee in connection with any Assignment and that each iStaff Employee is properly trained in the use of the Client's IT systems and software relevant to each Assignment;

g. Ensure that all necessary equipment (including protective equipment) required for any Assignment is available and provided to each iStaff Employee;

h. Ensure the safety of the Client's transport activities and that any transport activities (if any) are in compliance with the National Heavy Vehicle Law (where applicable); and

i. Carry out risk assessments in connection with any duties or tasks required by each iStaff Employee (Work) and ensure that the Work does not give rise to any risks to the health and safety of any iStaff Employee, including, but not limited to, psychosocial risks.

6. The Client must ensure that each iStaff Employee does not commence any substantive Work prior to the requirements of clause 5 above being complied with.

7. For the duration of any Assignment, each iStaff Employee will perform all Work under the control, direction, and supervision of the Client.

8. The Client must ensure that no Work is carried out by any iStaff Employee, unless each iStaff Employee has received, from the Client, all such information, instruction, training, protective equipment and supervision to enable each iStaff Employee to perform the Work in a manner that is safe and without risk to the health and safety of each iStaff Employee and that the Work is in compliance with the National Heavy Vehicle Law (where applicable).

9. The Client must provide a safe working environment and system of work, without risk to health and safety of any iStaff Employee.

10. The Client must not allow any iStaff Employee to carry out work in a manner that is unsafe or is contrary to the National Heavy Vehicle Law (where applicable).

11. Amendments to the Work or location of any Assignment as provided to iStaff in any Order, must only be undertaken after iStaff, the Client, and each iStaff Employee have been consulted, and iStaff has agreed to such changes.

12. Where amendments to the Work or location of the Assignment are agreed upon, the Client must ensure that no Work is carried out by any iStaff Employee, unless each iStaff Employee has received, from the Client, all such information, instruction, training, protective equipment and supervision to enable each iStaff Employee to perform the Work in a manner that is safe and without risk to the health and safety of each iStaff Employee and that the Work is in compliance with the National Heavy Vehicle Law (where applicable).

13. If amendments are made to the Work required by any iStaff Employee on any Assignment or the location of the Assignment, iStaff reserves the right to change the Fee provided that any amendments to the Fee are notified by iStaff in writing to the Client prior to the Fee being charged.

14. The Client agrees that any iStaff Employee will be allowed to suspend any Work or Assignment, without liability, if the work environment is unsafe, as determined in iStaff's sole discretion. If the safety concern is not rectified, iStaff will be entitled to terminate the Work and/or Assignment, without liability, and be paid for all services rendered to the point of termination.

15. The Client must comply with all relevant State and Commonwealth laws, including workplace health & safety legislation, anti-bullying laws, laws preventing workplace sexual harassment and other sex-based unlawful conduct and the National Heavy Vehicle Law (where applicable) in connection with any Assignment.

16. The Client is not permitted to contact the iStaff Employee directly to place the iStaff Employee for any Assignment. The iStaff Employee must be placed in any Assignment. by iStaff, not the Client.

17. The Client will notify iStaff immediately of any work related incidents or injuries affecting any iStaff Employee.

18. iStaff representatives may visit a Client workplace from time to time to inspect safety arrangements for any iStaff Employee. The Client will provide iStaff representatives a right of access at all times for safety inspections and other safety related purposes. The Client may be requested by iStaff representatives to make appropriate changes to eliminate any health or safety risks identified or changes to ensure the health and safety of any iStaff Employee or to ensure compliance with the National Heavy Vehicle Law (where applicable).

19. In the event the Client requires any iStaff Employee to bring their own equipment other than basic hand tools (i.e. electrical tools, harnesses etc.) onsite the Client must inform iStaff prior to the iStaff Employee undertaking Work. If the iStaff Employee chooses to bring their own equipment other than basic hand tools (i.e. electrical tools, harnesses etc.) the Client must inform iStaff prior to them using this equipment.

20. If any iStaff Employee is required to drive a motor vehicle at the Client's request the Client must ensure compliance with the National Heavy Vehicle Law (where applicable) and ensure that the motor vehicle is comprehensively insured, roadworthy, registered, and the iStaff Employee has a current driver's license to drive the class of vehicle required by the Client.

21. The iStaff Employee will work such hours as agreed between the Client, the iStaff Employee, and iStaff from time to time.

22. The agreed work hours will be in accordance with fatigue management protocols.

23. The Client must inform iStaff of any industrial instruments applicable to the Work.

24. The Fee incorporates payment of wages and allowances to each iStaff Employee in accordance with iStaff's legislative obligations. The Fee also incorporates applicable on-costs in accordance with iStaff's legislative obligations e.g. worker’s compensation insurance, payroll taxes, superannuation, public liability, and professional indemnity insurances where applicable.

25. iStaff will facilitate the payment of each iStaff Employee. and charge the Client on the basis of hours shown on the iStaff Assignment timesheet or the Client's equivalent record where such equivalent record is approved by iStaff in writing (Equivalent Record). It is the Client's responsibility to ensure that the timesheet (or Equivalent Record where used) is accurate and does not overstate or understate the hours worked by each iStaff Employee.

26. The Client undertakes to have all timesheets (or each Equivalent Record where used) authorised by an appropriate person provided that any failure to do so will not alter the Client's obligation to pay the applicable Fee.

27. The Client warrants that where there is an error made in a timesheet (or Equivalent Record where used), the Client will be liable to iStaff in respect of: a. any overpayment to an iStaff Employee; b. the applicable Fee; c. any expenses incurred by iStaff in seeking the recovery of an overpayment from an iStaff Employee (but iStaff will be under no obligation to make any such recovery efforts); d. administrative costs incurred by iStaff as a consequence of the error, including, but not limited to, costs associated with correcting payroll records.

28. The Fee will be applied to a minimum four (4) hours per day for each iStaff Employee who undertakes Work on each particular day.

29. iStaff reserves the right to increase its Fee at any time and with immediate effect where wages, superannuation, allowances or on-costs for any iStaff Employee increase as required by applicable legislation. or an applicable industrial instrument or due to increases in the cost of workers' compensation premiums or other applicable insurance premiums.

30. The Client must not make any payment directly to any iStaff Employee.

31. All meal, vehicle, travel, and other allowances will be paid directly to each iStaff Employee in accordance with the relevant industrial instrument and invoiced to the Client at cost plus 10% to cover statutory and administration costs.

32. A minimum of six (6) hours' notice is to be given by the Client to iStaff to terminate an Assignment.

33. Where the Client does not provide the required notice of termination, iStaff is entitled to charge the Client a Fee for the equivalent of six (6) hours of Work for each iStaff Employee for whom the required notice of cancellation of the Assignment was not provided.

34. Where the Client reports unsatisfactory performance of any iStaff Employee, there will be no charge to the Client, provided iStaff is notified within the first two (2) hours of the commencement of the iStaff Employee in question in relation to the particular Assignment.

35. Where unsatisfactory performance has been notified, iStaff will endeavour to replace the particular iStaff Employee as soon as possible.

36. Should the Client wish to directly employ any iStaff Employee a placement fee must be paid to iStaff immediately upon the iStaff Employee accepting the offer of employment. The placement fee is $12,000 plus GST, or such other amount as otherwise agreed in writing between iStaff and the Client, and is payable by the Client within fourteen (14) days of iStaff issuing an invoice to the Client.

37. The Client must provide iStaff with a minimum of 14 days written notice of an iStaff Employee commencing direct employment with the Client. Failure to provide such notification will result in the Client being liable to iStaff for any subsequent payroll errors, including, but not limited to:
a. any overpayment to an iStaff Employee;
b. the applicable Fee;
c. any expenses incurred by iStaff in seeking the recovery of an overpayment from an iStaff Employee (but iStaff will be under no obligation to make any such recovery efforts);
d. administrative costs incurred by iStaff as a consequence of the error, including, but not limited to, costs associated with correcting payroll records.

38. Invoices are tendered on a weekly basis and are due and payable to iStaff seven (7) days from the date of invoice unless otherwise agreed in writing between iStaff and the Client. Invoices will include the breakdown of hours (ordinary/overtime), allowance and any other charges for each iStaff Employee and carry Goods & Services Tax (GST) at the prevailing rate.

39. iStaff reserves the right to charge the Client interest on overdue accounts at market rates unless prior arrangement has been made between the Client and iStaff.

40. iStaff maintains current insurance policies with regard to applicable workers' compensation public liability, and professional indemnity where required. iStaff will provide evidence of insurance upon the Client's request.

41. The Client must hold public liability insurance for a sum not less than $10 million that covers the Work of each iStaff Employee.

42. As the Client is responsible for the control, supervision, and direction of each iStaff Employee in connection with the Work, the Client must satisfy itself that the iStaff Employee has the qualifications, aptitude, skills, relevant licenses, training, and experience to undertake the Work, and that the iStaff Employee is medically fit to undertake the Work. iStaff makes no representations concerning the suitability of any iStaff Employee for any Work.

43. As iStaff is simply providing labour to the Client, and is not responsible for supervising or undertaking the Work of any iStaff Employee, the Client releases and indemnifies iStaff (on a full indemnity basis) in respect of all liability for any loss, claim, damage, penalty, fine, or expense in connection with iStaff's supply of any iStaff Employee to the Client including, but not limited to, direct, indirect or consequential damage or loss:
a. suffered by the Client, any employee of the Client, a contractor of the Client, a customer of the Client, iStaff, any iStaff Employee, any employee of iStaff, an iStaff contractor, an iStaff officer, an iStaff agent or a third party; and
b. arising from any act or omission by Client, any employee of the Client, a contractor of the Client, a customer of the Client, iStaff, any iStaff Employee, any employee of iStaff, an iStaff contractor, an iStaff officer, an iStaff agent or a third party.

44. No rule of construction applies to disadvantage iStaff for the preparation of these Terms.

45. For the Purpose of the "Determination of iStaff Employee Suitability" provision of these Terms, iStaff includes all related bodies corporate of iStaff within the meaning of s.50 of the Corporations Act 2001, together with each and every director, officer, employee, servant, and agent of iStaff and its related bodies corporate.

46. These Terms constitute the entire agreement between iStaff and the Client in connection with the supply of any iStaff Employee to the Client. For the avoidance of doubt, these Terms supersede, revoke, and nullify any representations, other agreements, other contracts (including, but not limited to, earlier contracts issued by iStaff), or other understandings between iStaff and the Client which in any way relate to the supply of any iStaff Employee to the Client and will apply despite any attempt by the Client to, at any time, oust the application of these Terms.

47. For the avoidance of doubt, iStaff does not accept any terms and conditions issued by the Client in connection. with the supply of any iStaff Employee to the Client.

48. The Client agrees that any implied contractual terms in favour of the Client (if any), including, but not limited to, any implied indemnity in favour of the Client (if any), which might otherwise apply to the supply of any iStaff Employee to the Client, are expressly excluded.

By signing this Credit Application, I declare and acknowledge that:

• The information provided in this Credit Application is true, complete and correct to the best of my knowledge.
• I am authorised to make this application and bind the applicant to the Business Terms and Conditions of iStaff Australia Pty Ltd.
• I have received, read and understood the Business Terms and Conditions attached to this Credit Application.
• The applicant agrees to be bound by the Business Terms and Conditions, as amended from time to time, in respect of all services supplied by iStaff Australia Pty Ltd.
• I authorise iStaff Australia Pty Ltd to make such enquiries as it considers necessary to assess this application, including obtaining credit reports, trade references and other commercial credit information permitted by law.
• I acknowledge that the granting of credit is at the sole discretion of iStaff Australia Pty Ltd and that any approved credit limit or trading terms may be varied, suspended or withdrawn at any time without prior notice.
• I agree to notify iStaff Australia Pty Ltd immediately of any change to the applicant's ownership, directors, business structure, trading name, registered office, contact details or financial circumstances that may affect the applicant's ability to meet its obligations.
• I acknowledge that this Credit Application, together with the attached Business Terms and Conditions, constitutes the entire agreement between the applicant and iStaff Australia Pty Ltd in relation to the provision of credit and services, unless otherwise agreed in writing by iStaff Australia Pty Ltd.