Terms and Conditions

CURRENCY
​All costs and charges are in Australian Dollars (AUD) unless otherwise stated.

VALIDITY
​Harness’s proposal is valid for a period of 30 days from the date of issue. Proposal validity is subject to the availability of personnel, software and equipment. In the event that the proposed services are unavailable, Harness reserves the right to present for consideration an alternative to meet Client requirements.

Harness’s proposal is made subject to the Terms & Conditions as stated herein and Client agreeing prior to commencement of services, to enter into a contract subject to mutually agreeable terms and conditions.

RATES FOR SERVICES
​Rates and charges are defined in Harness proposal or Cost Time Resource (CTR). Rates apply from Consultant’s departure home base until Consultant’s return home base, by the most expeditious route. Lump Sum/Turn Key service rates are based on specific deliverables, the scope of work detailed in Harness Proposal and communication with the Client.

REIMBURSABLE EXPENSES
​Reimbursable expenses incurred by Harness during provision of services to Client shall include where necessary, all reasonable travel and living costs, including fully flexible airfare (full fare economy class, no endorsements or restrictions) and necessary Visa/Work Permit costs. All reimbursable expenses shall be at cost plus ten per cent.

This shall apply from the Consultant’s departure home base until Consultant’s return home base. Where a Consultant’s international flying time exceeds seven (7) hours in a 24-hour period, then these flights shall be by Business Class. 

TERMS OF PAYMENT
​All rates, lump sums, documented costs, expenses and reimbursable items are payable within 30 days of invoice receipt by Client. In the event of an invoice dispute, the subject is to be brought to the attention of Harness within seven (7) days.  Late payments will attract interest at a rate of 10.5% per calendar month.

TAXES
​All rates quoted exclude Australian Goods & Services Tax (GST), VAT or similar taxes, corporate taxes, personal income taxes, payroll and social security taxes, sales taxes and withholding taxes that may be imposed. If GST, VAT or similar taxes are chargeable for the work, such taxes will be added to Harness invoices and shown separately. The Client agrees to pay where applicable, any GST, VAT or similar taxes chargeable for the work performed under an agreement.

CONFIDENTIALITY
​All information and / or data supplied to Harness or to which Harness is allowed access, shall be regarded as strictly confidential. This obligation does not apply to information, which at the time of disclosure is in the public domain or is in Harness lawful possession without restriction on disclosure.

INSURANCE
​Rates include Public Liability, Accident & Medical insurance, including MEDIVAC and Workers’ Compensation in accordance with Harness standard schedule.

COMMENCEMENT OF SERVICES
​Harness will make its best efforts to provide the services on the date and within the time frame specified in the Proposal. Harness accepts no liability arising from the delay in commencement or completion of the services that is due to factors outside of control, including but not limited to:

HEALTH, SAFETY AND ENVIRONMENT
​It is Harness policy to adhere to established industry standards to make reasonable endeavors to provide and maintain a healthy, safe and environmentally sound working environment for its personnel and to apply similar standards on behalf or our Clients.

The Client will provide all means that may be necessary to effectively protect Harness personnel from serious bodily injury which otherwise may result from the provision of services, however, the Contractor acknowledges and agrees that Harness service providers will operate at all times under Harness rules, standards and guidelines and that its service providers shall be at liberty to refuse to perform any service under working conditions which, in the sole and absolute opinion of Harness service providers acting reasonably and responsibly, present and unacceptable risk to safety or security.

LIABILITIES AND INDEMNITIES

Harness shall indemnify and keep the Client indemnified against any claim arising out of or in connection with the performance of the services where claim relates to:

1. 1.Loss or damage to the property of Harness; and/or
2. 2.Personal injury, including fatal injury and/or disease to Harness personnel howsoever caused arising out of or in connection with an agreement, provided that the indemnity is reduced by the extent to which the personal injury (including death or disease) loss of or damage to property was caused by the negligence, breach of statutory duty or breach of the agreement by the Client, its employees, servants or agents.

Company shall indemnify and keep Harness indemnified against any claim arising out of or in connection with the performance of the services where claim relates to:

1. 1.Loss or damage to the property of the Client; and/or
2. 2.Personal injury, including fatal injury and/or disease to Client personnel howsoever caused arising out of or in connection with an agreement, provided that the indemnity is reduced by the extent to which the personal injury (including death or disease) loss of or damage to property was caused by the negligence, breach of statutory duty or breach of this agreement by Harness, its employees, servants or agents.

NON SOLICITATION
​The Client agrees they shall not on the Client’s behalf, or on behalf of any person, firm, or third party company; directly or indirectly solicit or recruit Harness Consultant(s) during their deployment pursuant to an agreement or during a period of six (6) months after their deployment has ceased without agreement of Harness. In the event such employment or engagement is agreed, it will be subject to a fee of AU$125,000 excluding GST, payable to Harness within seven (7) days of Consultant commencing such direct engagement.

TERMINATION
​Harness shall have the right to terminate an agreement by giving notice to Client should a breach of the Terms & Conditions occur, or the Client or its Parent Company becomes insolvent or is otherwise unable to pay its debts as they become due. Such notice shall specify the effective date of termination should it be different from the date of notice.

Client shall have the right to terminate an agreement if a breach of the Terms & Conditions occurs, by giving ten (10) working days notice to Harness. Such notice shall specify the effective date of termination should it be different from the date of notice.

EMERGENCY RESPONSE / EVACUATION
​During the term of the Services and as far as is practical, Client agrees to incorporate Harness Consultants within their Emergency Response/Evacuation plans. Client should brief Harness Consultants in regards to responsibilities, contacts and requirements to conform to Client requirements.

FORCE MAJEURE
​In the event of a Force Majeure such as earthquake, cyclone, fire, storm, tidal wave, flood or other natural disaster, acts of war, terrorism, riot, civil war, blockade, insurrection, civil disturbance, strike or labour dispute at a national level.

Client shall reimburse at cost all necessary costs incurred in continuing to undertake the Work and/or in evacuating Client’s Consultants as deemed appropriate by Client and/or Contractor and/or other relevant bodies including embassies and/or National, Regional or Local Government.

· Force Majeure;
​· Industrial disputation; and
​· Client alterations incidental but consequential.

Should flight or accommodation cancellation fees be incurred by Harness as a result of Client changing Project dates, these expenses will be charged to Client at cost plus five (5) per cent.

DISPUTE RESOLUTION
​If a dispute arises between the parties in relation to the obligation arising under this Agreement, either party approach the other notifying them of their concerns or seek a formal meeting with intent to resolve the matter.