1. Duty of the Consultant
The Consultant will perform the services as an independent contractor in accordance with the terms of this agreement.
2. Client Eligibility
Only a person who is an owner of cattle is eligible to be a Client. Only a person who is not a shareholder*, employee, partner, agent, associate or consultant of a person with any disqualifying interest is eligible.
* (Bone-fide cattle producers with small shareholdings in meat processing works are eligible.) Disqualifying interest means: Meat processing, livestock agencies, meat wholesaling or retailing, any meat market intelligence provider (public or private) or any interest that puts Australian Cattlefacts in breach of the Trade Practices Act.
3. Protection of Clients
a). Australian Cattlefacts will take every reasonable precaution to ensure that a Client’s membership of Cattlefacts remains confidential between the Client and Cattlefacts.
b). Clients names or property details will not be reported in Cattlefacts reports without the prior authorisation of the Client.
The Client shall not supply to any other person or organisation, information received under this agreement without the prior approval of the Consultant.
5. Force Majeure
If the Consultant is unable to carry out its duties due to natural disaster or accident, industrial disturbances, war or explosion, it must give the Client notice so far as is known, of the likely extent to which it is unable to perform its duty, and the duty will be suspended so far as it is affected by such event but the Consultant will take reasonable steps to prevent or lessen such event and resume performance as soon as practicable.
All notices under this agreement must be made in writing.
Except for extension for reason of force majeure, any change in the terms of the agreement must be in writing and signed by the parties.
This agreement may be assigned by a party with prior written approval by the other party.
9. Governing Law
This Agreement shall be interpreted in accordance with the law in force in Queensland and the rights and duties of the parties are subject to all such laws.
If any terms of the Agreement is constructed as invalid or void, the validity of any other term will not be affected and the invalid or void term will be deemed never to have been part of the Agreement and all other terms will stay in force unless such deletion substantially alters the Agreement’s commercial efficacy.
(1) A Client may terminate the Agreement immediately by serving notice on the Consultant if the Consultant at any time
a) commits a serious or persistent breach of the terms of the Agreement: b) is guilty of grave misconduct or wilful neglect or incompetence, misbehaviour, or carelessness in the performance of the services.
(2) If the Client gives notice under clause 11.
(1) the Agreement will terminate immediately on service of the notice on the Consultant.
(3) The Client may terminate the Agreement at any time by giving at least one month notice to the Consultant.
The Consultant indemnifies the Client from all claims arising out of any breach of duties of the Consultant or its employees or agents under the Agreement.
EXPLANATION OF TERMS
CLIENT/MEMBER- Is an eligible cattle producer who has paid a ‘Client fee’ (once only membership fee) and had it accepted. Being a client/Member does not on its own entitle you to receive Cattlefacts market information. To access market information, Client Members are required to pay a separate ‘Active User' fee each year they wish to use Cattlefacts. ACTIVE USER- Is a Client (member) of Australian Cattlefacts who has paid an appropriate annual 'Active User' fee. This fee is paid on a financial year basis by Members for access to reports and some services. The Active User fee is calculated on a sliding scale based on the total number of cattle owned by the Member and is normally invoiced each June. Members who do not want to use Cattlefacts in any financial year, simply do not pay an Active User fee in that year. To use Cattlefacts in any part of a year, the Active User fee must be paid in full for that year.