Common use of Definition of subcontracting Clause in Contracts

Definition of subcontracting. 6.1 The Training Provider will be considered to have subcontracted any part of the Training Services if they are carried out by an individual other than: a) an employee or officer of the Training Provider, acting in their capacity as such an employee or officer; or b) a Sole Trader engaged directly by the Training Provider (and to avoid doubt, not through an intermediary) in their capacity as a Sole Trader. 6.2 To avoid doubt, it is considered to be subcontracting to engage: a) an individual through a franchise, labour hire or other similar arrangement; or b) any person to undertake Brokering Services. 6.3 The Training Provider must not subcontract any aspect of the Pre-Training Review. 6.4 The Training Provider must not subcontract training and/or assessment without the Department’s written approval, which approval will only be granted through a process determined by the Department. 6.5 The Training Provider must ensure that each Skills First Student who receives training and assessment under a subcontract arrangement is aware that they are enrolled with the Training Provider, not the subcontractor. 6.6 Where a subcontract arrangement under Clause 6.4 is between the Training Provider and another registered training organisation that holds a VET Funding Contract, it must be on terms that allow the Training Provider to immediately terminate it if the subcontractor’s VET Funding Contract with the Department is suspended or terminated. 6.7 The Training Provider represents and warrants to the Department that on every day during the Term, all subcontractors it uses have appropriate qualifications and skills and are suitably experienced and capable of providing Training Services as required by this Contract. 6.8 The Department may direct the Training Provider to cease, or otherwise vary the scope of, any subcontract arrangement. 6.9 The Training Provider must ensure that any subcontract arrangement: a) prohibits further subcontracting by the subcontractor; b) requires the subcontractor to provide all necessary assistance, documentation and information that is required under this Contract; c) permits it to immediately suspend the subcontract arrangement if this Contract is suspended; d) permits it to immediately terminate the subcontract arrangement if this Contract is terminated; and e) otherwise permits it to comply with its obligations under this Contract (including its obligations to ensure that any subcontractor cooperates and assists with any audit, review or investigation under Clause 11). 6.10 The Training Provider: a) must provide a copy of any executed subcontract agreement to the Department if requested; b) retains responsibility for all of its obligations under this Contract despite entry into any subcontract arrangement, and is not relieved by any subcontract arrangement of any of its liabilities or obligations under this Contract or to otherwise provide the Training Services; c) is responsible for ensuring the suitability of the subcontractor and for ensuring that any work performed by the subcontractor meets the requirements of this Contract; d) is liable to the Department for the acts, or omissions or negligence of any subcontractor (or any employee, officer or agent of the subcontractor) as if they were the acts, or omissions or negligence, of the Training Provider (or the employees, officers or agents of the Training Provider); e) indemnifies (and must keep indemnified) the Department against any or all Loss arising from any acts or omissions by any subcontractor in connection with, or in the course of, the provision of the Training Services or any breach of this Contract (whether or not the breach is a Material Breach); f) acknowledges that the Department is not liable for, nor will it become involved in, the internal administration of subcontract arrangements or act as a mediator between the Training Provider and any subcontractor; and g) must bear all costs associated with any subcontract arrangement.