|1. Duty of the Consultant
The Consultant will perform the services as
an independent contractor in accordance with the terms of this agreement.
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
3. Protection of Clients.
a). Australian Cattlefacts will take every reasonable precaution
to ensure that a Clients 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.
7. ChangesExcept for extension for reason of force majeure, any change
in the terms of the agreement must be in writing and signed by the parties.
8. AssignmentThis agreement may be assigned by a party with prior written
approval by the other party.
9. Governing LawThis 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
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 Agreements commercial efficacy.
11. Termination(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
(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
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.