This is a template of our Brokerage Agreement for you to review prior to registering on the Five Good Friends Platform. Your personalised copy of this Brokerage Agreement will be available from inside your Account via the App.
This agreement is made [Date]
Five Good Friends ABN 87 605 031 249 of Level 2, 179 North Quay, Brisbane, Queensland, 4000 (Five Good Friends)
[Name] ABN [ABN] of [Address] (Helper)
Five Good Friends and the Helper have agreed that the Helper will provide the Services to Five Good Friends’ Members in accordance with the terms and conditions of this Agreement.
IT IS AGREED
1.1 In this Agreement words and phrases used have the meanings as set out in the Schedule.
2.1 The rights and obligations of the parties under this Agreement will commence on the Commencement Date and continue until the Termination Date, subject to the terms of this Agreement.
2.2 The Helper is an independent contractor appointed to provide the Services in accordance with this Agreement. This Agreement does not create a relationship of employer and employee, principal and agent, or partnership between Five Good Friends and the Helper or any of the Helper’s Personnel.
3.1 Unless otherwise agreed, Five Good Friends will only pay for Services which are requested and duly authorised by Five Good Friends’ Members or their Authorised Representative and recorded via the Five Good Friends software application.
3.2 The Helper must:
(a) act in a lawful, competent, professional and timely manner and in accordance with the policies, procedures and reasonable directions provided by Five Good Friends; (b) act in a manner that meets the Aged Care Quality Standards and complies with the provisions of the Aged Care Act 1997 (Cth); (c) act in a manner that meets the NDIS Practice Standards and complies with the provisions of the National Disability Insurance Scheme Act 2013 (Cth) (d) deliver to Five Good Friends all notices and documents received from time to time by the Helper in relation to a Member or Help Plan that are relevant to the Services; (e) give consideration to all communications and representations from time to time made by Five Good Friends in respect of Members, Help Plans and Services; (f) immediately report to Five Good Friends any risks or likely risks associated with the Services; and (g) report to Five Good Friends any Reportable Incidents and emergencies in accordance with this Agreement. (h) Notify Five Good Friends of any change to their A.B.N. or G.S.T. status.
3.3 Variation and cancellation of Services
(a) Five Good Friends may, in its absolute discretion, alter or discontinue the provision of Services by the Helper to a Member at any time by providing verbal or written notice to the Helper, and the Helper must promptly comply with any directions issued by Five Good Friends in this regard. (b) Five Good Friends will pay the relevant proportion of Service Fees for any part of the Services performed prior to cancellation or variation.
3.4 The Helper must obtain, and must ensure that its Personnel obtain, at the Helper’s expense, any necessary licences, permits, qualifications, registrations and other statutory requirements necessary for the performance of the Services under this Agreement, including, without limitation, those qualifications for its Personnel referred to in clause 6.
3.5 The Helper:
(a) determines the hours the Helper works in providing the Services to the Member (this is to be negotiated directly between the Helper and the Member); (b) can decline the offer from a Member to provide the Services up to three times; (c) sets the rates charged to the Member in providing the Services; (d) can delegate provision of the Services to their Personnel, provided such Personnel comply with the terms of this Agreement, demonstrate competency in providing the Services and submit to assessment and auditing regarding competency by Five Good Friends as required; (e) provides all tools and equipment used in providing the Services to the Member (including car, mobile phone and other tools of trade); (f) generates the invoice for Services rendered to the Member (via the Five Good Friends’ software application) and makes the request for payment to the Member directly; (g) warrants that they and their Personnel are competent in respect of the provision of the Services, and agrees to make themselves and their Personnel available for assessment and auditing in this regard; (h) will be responsible for the payment of superannuation to their own Personnel.