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The Giant Trust Group ATF Express Contracting Services T/A Golden Brown Cleaning Services –
Terms & Conditions of Trade
© Copyright – EC Credit Control Pty Ltd - 2004
no right whatsoever and under any circumstance to hire any employees or subcontractors of the Express
Contracting Services directly or indirectly as their employees or
subcontractors of other contractor.
Accordingly, the Golden Brown Cleaning Services employees and subcontractors specifically agrees
and acknowledges that the Employee or Subcontractor will have no interest in the Confidential
Information, including, without limitation, no interest in know-how, copyright, trade-marks, trade names
or becoming a customer employees or subcontractors directly or indirectly. In the event of the
Customer being in breach of this Agreement, the Golden Brown Cleaning Services “GBCS” shall be
entitled to terminate this Agreement and retain all payment received & demand for damage up to 3
years of total contract value charged during this period, in advance if contract terminated or breached
due to hiring Express Contracting Services’s employees or subcontractors directly or indirectly.
17.2 In the event that this Agreement is terminated in any manner whatsoever the Customer or any of its
directors, employees, sub-contractors, agents or servants shall not in any manner whatsoever either
directly or indirectly for itself, on behalf of, or through, or in conjunction or partnership with any third
party up to 5 years of termination date of contract;
A. Hire and acquire or attempt to Hire and acquire for its own benefit or the
benefits of any other third party, hire any employees or subcontractors of the Express Contracting
Services;
B. Accept any approach from any employees or subcontractors of the Express
Contracting Services for which the Employees or subcontractors has acted to provide the
contractual cleaning work;
C. Interfere or attempt to interfere with the relationship between the Express
Contracting Services and any of its clients, directors, employees, subcontractors, contractors
agents, servants, associates or any related companies;
D. Use or attempt to use for its own benefit or the benefit of any third party any
employees or subcontractors of the Express Contracting Services;
E. Do or perform any act that can be damage to the Express Contracting
Services’s goodwill, confidential information or intellectual property.
17.3 The parties agree that each of the foregoing covenants constitutes an independent and separate
restraint of this Agreement. If any of those covenants is or will become unreasonable or enforceable,
that shall not affect validity and enforceability of other covenants imposed under this section, which
remain binding on by the Customer.
18. Payment Penalties
18.1 In the event that the Customer does not comply with the rates, amounts, or payment dates provided in
this Agreement, a late payment penalty will be charged as follows:
o
Note: Delinquency penalties apply for late payment.
1. Pay to be made in full in 20 days net from date of invoice.
2. 31-60 days - 10% delinquency penalty on the outstanding amount and possible
application of 'Stop Credit'.
3. 61-90 days - 19% delinquency penalty on the outstanding amount with 'Stop
Credit' and debt recovery action being taken together with possible refusal of
further supply & service plus $60.00 late payment fee (inc GST).
4. Over 90 days - 19% delinquency penalty from date of purchase till date of
payment made plus $350.00 Admin & Legal Fee
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Severability
19.1 In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole
or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or
unenforceable parts severed from the remainder of this Agreement.