“Company” means Work 4 You Australia Pty. Ltd. (Name of the company) (ABN 69645413378) trading as ‘Work4you’ including its successors and assigns.
“Client” means the person or entity hiring the Company to perform the services required by the Client.
“Third Party” means the person or entity or contractor hired by the company to perform the services for the client.
“Order” means an application to the Company to engage a nominated Remote employee to perform certain services for the Client as mentioned in the said order.
“Remote employee” means the person nominated by the Client in the Placement Order to be engaged to carry out the services specified in such request, if unavailable, any other person accepted by the Client as a suitable replacement.
“Online Platform” means any online digital platform of the company which can be accessed by both the Client and the Remote employee or which allows the Remote employee to enter information concerning services performed for the Client.
“Confidential Information” means all non-public information belonging to a client relating to that client’s business and affairs.
“Data” or “Information” means all the information, data or details etc. provided by the client to the company for the purpose of performing the hired services
“Intellectual Property Rights” includes but not limited to all rights in any patent, trademark, business name, brand name, company name, copyright, registered design or circuit layout.
By placing an order with the company, a legally binding agreement between the company and the client will arise upon the mentioned terms and conditions. In addition to this, the company and the client may enter into separate written agreement.
Conditions for the Client towards the Company
The Client shall have the following duties towards the company:
- a) The services intended to be hired by the client from the company shall be specifically mentioned at the time of getting the quotation or hiring the company. Subsequent changes shall be at the discretion of the company.
- b) At the time of placing an order to the Company, the Client shall provide the Company with all the reasonable requirements relating to the services including but not limited to technical skills etc.
- c) The client authorises the company to perform the services hired either directly through its employees or through some contractor or third party.
- d) It shall be the duty of the client to provide correct, accurate and not misleading information or data to the company. Failure to do so, the company shall not be liable for any loss.
- e) It shall be the duty of the client to ensure that the information or data provided to the company either at the time of registration or placing the orders shall not violate the intellectual rights of any individual or third person. In case it is found to be violative, the company shall not be liable to pay any damages or compensation to the third person.
- f) The client shall undertake to indemnify the company for all the losses incurred by the company due to the action taken by any individual or third person on the basis of information or data provided by the client. g)It shall be the duty of the client to provide or disclose any additional data or information required by the company to perform the services hired by the client.
- h) The client shall provide all the accesses to its data or online platforms or websites or emails etc. as reasonably required by the company to perform the services hired by the client.
- i) In case any upgradation or any special software or hardware is required to perform the services of the client, then it shall be the duty of the client to arrange the same at its own expenses.
- j) It shall be the sole discretion of the client to select and nominate the remote employee(s) out of the list of the employees provided by the company to perform the services hired. The company gives no warranty to that effect;
- k) In case of change in contact details of the client or the circumstances which may affect the services to be performed by the company, it shall be informed in writing to the company forthwith.
- l) In case client wishes to make any alteration or change in the work order or working conditions or timings of the remote employee, then the same shall be notified to the company forthwith. The said changes are at the discretion of the company;
- m) The Company reserves the right to reject any Order it considers in its absolute discretion to be unreasonable
Conditions for the Company towards client
On receiving the Order from the Client, the Company will make all reasonable efforts to start the work as soon as it is reasonably practicable for the Company to carry out the services required by the Client as set out in the Order.
- a) The company shall evaluate the requirement of the client and accordingly shall provide the details of remote employee(s) to the client;
- b) The company may provide the contact details to the client for any query and customer support if needed by the client.
- c) Payment to the remote employee for the services provided by the company to the client shall be the responsible of the company.
- d) The company will use the data or information provided by the client only for the purpose of services provided to the client.
- e) The company will provide the services to the client in accordance with the work schedules set out in the order.
Obligations of the Client Regarding the Remote employee
The Client agrees to be bound by the following obligations in respect of the Remote Contractor:
- a) The Client may have contact with the Remote employee regularly by way of either voice or visual communication and the client must give clear and precise instructions to the remote employee as per the work order for the performance of the services hired.
- b) In case any special training is required for the remote employee to perform the services hired by the client, the same shall be provided by the client at its own cost.
- c) The client shall not make a direct contact or hire the remote employee directly. In case the client does such thing, then he shall be liable to pay the company an amount of 10,000 AUD.
Payment of Fees
The Client must pay the fees of the Company as set out in the payment schedule forming part of the Order.
- a) All the payments shall be made through cards or in the bank account of the company. In case of cash payment, the client must ask for receipt.
- b) On receiving the service order, the company shall issue the client a taxable invoice for the services hired.
- c) The company shall accept the payment in AUD only.
- d) All the payments made by the client shall be non-refundable.
- e) The company may also ask for security deposit or advance payments, if it deems fit.
Suspension of Services for Non-Payment of Fees
If the Client fails to pay a Tax Invoice, the Company reserves the right to suspend the Client’s account, preventing any further services being performed by the Remote employee. On making the payment after default, it shall be the discretion of the company to resume the services as per its schedule.
In case client fails to make the payment, the company may terminate the contract without any prior notice.
The Company shall not be liable for any losses, liability or claims incurred by the Client arising from or in respect of:
- a) the introduction by the Company of the Remote employee to the Client;
- b) Any authorized person nominated by the Client in a Order to accept an engagement to carry out services for the Client;
- c) Due to the performance of services by the Remote employee for the Client; or
- d) any claim arises in favour of Remote employee against the Client.
- e) The Company shall not be responsible for any acts or omissions by the Remote employee after the Remote employee has ceased performing services for the Client or the agreement between the company and the client has been terminated.
Client’s Indemnity to the Company
The Client indemnifies the Company in respect of any losses, liability or claims incurred by the Client arising from or in respect of any acts or omissions of the Remote employee while performing services for the Client.
Restrictions on Direct Hiring of Remote Contractor
If the Client or any related person or entity directly engages the services of the Remote employee, while the Remote employee is performing services for the Client or has done so in the previous 12 months, then the Client must pay the Company a placement fee of AUD $10000.00 plus GST (Goods and Services Tax) if applicable.
Upon termination of the agreement between the Company and the Client neither the Client nor any related person or entity shall engage the Remote employee to perform services for a period of 12 months after such termination.
Neither party shall use the Intellectual Property Rights of the other without the prior written consent of the other party.
Any subsequent modifications, alteration or additions etc done in the data or information or the services to the client shall be the intellectual property of the company and the client shall not claim any right over it.
The Company is not responsible for the Remote employee’s misuse or misappropriation of the Client’s Intellectual Property Rights while performing services for the Client or afterwards.
None of the parties must not use, disclose, solicit, make available or misappropriate, directly or indirectly, any Confidential Information, trade secrets, or other proprietary information of the other without that other party’s prior written permission except as may be required by applicable law or legal process. Where a party is legally required to disclose the Confidential Information, that party shall inform the other party of the requirement as soon as reasonably practicable and liaise with that other party prior to disclosing any of that party’s Confidential Information. A party must notify the other party immediately upon becoming aware of a suspected or actual breach of this obligation. The Client shall not enquire of the Company about payment rates made by the Company to the Remote employee.
The Company may immediately (or from any later date it nominates) terminate the agreement between it and the Client by written notice to the Client if:
- a)the Client materially breaches the agreement;
- b) the Client becomes bankrupt, insolvent or is otherwise unable to pay its debts as and when they become due.
- c) If the services hired are breach of any law of land.
- d) On any ground the company deems reasonable that performance of services would be unreasonable.
- e) The Client may terminate the agreement between the Company and the Client by serving written notice to the Company within 15 days from the date of entering into the agreement. After expiry of the said 15 days, the client is not entitled to terminate the agreement.
- f) Any unforeseen even may happen which out of the control of the company.
After Termination of Agreement
Upon termination of the agreement between the Company and the Client:
- a) The Client will return to the Company all Confidential Information, intellectual property and any other property belonging to the Company; if any having in the possession of the client and
- b) The Company will return and arrange for the Remote employee to return or delete all the Client’s Confidential Information, intellectual property and any other property the Client has provided to the Company or the Remote employee.
If a dispute arises out of or relating to the agreement between the Client and the Company, the same shall be subject to the exclusive jurisdiction of Melbourne, Victoria, Australia courts only.
Any communication to be given by one party to another must be sent to the provided addresses including email addresses. Sending the communication on the said addresses shall be deemed to be delivered.
The Client acknowledges that the agreement between it and the Company will not constitute a relationship of employment, partnership or agency with the Company.
The Company retains the right to amend these Terms and Conditions at any time without giving any notice by providing it immediately sends the new Terms and Conditions to the Client at the registered address.
The agreement between the Company and the Client will be governed and construed in accordance with the laws of Melbourne, Victoria, Australia.
Version 12th November 2021