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Definitions

The following terms are used regularly throughout this Agreement and have a particular meaning:

1. ABN means Australian Business Number.
2. ACN means Australian Company Number.
3. Agreement means this Service Provider Agreement.
4. Booking Fee means the fee charged to the Service Provider by the Company for each Job undertaken by the Service Provider, as agreed in writing from time-to-time by the parties.
5. Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in the Service Provider’s Location.
6. Company means SIMPLY MAID ABN 63 570 041 787.
7. Customer means a user of the Platform that books a Job.
8. Equipment & Materials means any equipment (such as vacuums or lawn mowers etc) and materials (such as cleaning products, cloths, garden bags etc) necessary for a Job.
9. GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
10. Invoice means a Tax Invoice from the Company to the Customer for a Job.
11. Job means any domestic or commercial service (cleaning, gardening etc) booked by a Customer via the Platform.
12. Job Request means a request for a Job made by a Customer to the Company.
13. Job Fee means the price paid by the Customer for a Job.
14. Minimum Standard means a Customer rating of 80%+ for a Job (for example, 4 out of 5 stars, or 8 out of 10 stars).
15. Platform means:
    1. Simply Maid digital platform accessible from https://www.simplymaid.com.au; and/or
    2. Any Simply Maid mobile application.
16. Premises means the address of the Customer where the Service Provider is to attend the Job.
17. Recipient Created Tax Invoice has the same meaning as in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
18. Service Provider means the party to this Agreement identified as the “Service Provider”.
19. Tax Invoice has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
20. Terms of Service means the terms and conditions of using the Platform, as updated from time-to-time, which can be found at
    https://simplymaid.com.au/terms-and-conditions/ 
21. Privacy Policy means the Company’s privacy policy as updated from time-to-time,
    which can be found at: https://simplymaid.com.au/privacy-policy/.

1. AGREEMENT 

1. The Company offers Jobs via the Platform, which can be accepted (and rejected) by the Service Provider.
   
   
2. Where the Service Provider accepts a Job, the Service Provider agrees that:
   1. The Company is authorised to charge and collect the Job Fee from Customer, on behalf of the Service Provider; and
      
      
   2. The Service Provider will pay to the Company (by way of deduction from the Job Fee) the Booking Fee for each Job it undertakes.
      
      
3. As a material condition of using the Platform and receiving offers of Jobs, the Service Provider must also accept the Terms of Service and Privacy Policy (done so when registering for, and/or signing into, the Platform).

2. DOING JOBS

1. Account
   1. The Company will create an account for the Service Provider on the Platform, based on their skills, experience, location and availability. This account will be the primary means by which the Company will offer Jobs to the Service Provider, and it will be where the Service Provider can accept and manage its Jobs.
      
      
   2. The Service Provider must ensure that it keeps its availability for Jobs up to date and accurate on the Platform.
      
      
2. Requests & Bookings
   1. The Company will notify the Service Provider of a Job Request via the Platform,or if necessary, contacting the Service Provider by email, telephone, sms or whatsapp.
      
      
   2. A Job Request notification will include such details supplied by the Customer relative to the prospective Job, such as the location of the Premises, the date and time of the Job, the frequency of the Job and any other relevant information.
      
      
   3. The Service Provider agrees that it will only accept Jobs that it can genuinely service (namely that it is in the Service Provider’s local area and is at a date and time the Service Provider is usually available).
      
      
   4. The Service Provider must notify the Company via the Platform that it either accepts or declines a Job Request as soon as possible.
      
      
   5. The Company cannot guarantee that a Job Request will remain available for acceptance by a Service Provider for any given period.
      
      
   6. The Company may offer any Job to a number of Service Providers, in order to fill the Job. The first Service Provider to accept the Job will usually be allocated that Job, however the Company reserves the right to allocate any Job to any Service Provider in its absolute discretion.
      
      
   7. The Service Provider agrees that once it accepts the Job Request, it books in that Job and creates an independent agreement between the Service Provider and Customer with respect to the Job in accordance with the Terms of Service.
      
      
3. Doing Jobs
   1. The Service Provider agrees to undertake the Job once the Company has notified the Service Provider that the Job is confirmed.
      
      
   2. The Service Provider must attend the Premises on-time (which means 5 minutes before the agreed start time). The Service Provider must contact the Customer as soon as possible if the Service Provider is going to be late.
      
      
   3. The Service Provider must provide the services in a professional manner and to the the Minimum Standard, as rated by the Customer. Where the Minimum Standard is not reached, the Service Provider agrees to return to the Premises and complete the Job as necessary.
      
      
   4. The Service Provider must comply with any dress code required by the Company and/or the Customer.
      
      
   5. The Service Provider may only use subcontractors or employees approved in writing by Simply Maid to perform any Job.
      
      
4. Equipment & Materials
   1. Where thee Job Fee is inclusive of all Equipment & Materials, the Service Provider agrees that it will provide all necessary Equipment & Materials to undertake the Job.
      
      
   2. The Company and/or the Customer may request particular types of Equipment & Materials to be used by the Service Provider.
      
      
   3. Where the Job Fees do not include Equipment & Materials, then it is the Customer’s responsibility to provide all necessary Equipment & Materials. The Service Provider agrees to keep the Customer aware of any Equipment & Materials that need restocking, replacing, repairs and/or servicing.
      
      
5. Cancellations
   1. In order to cancel a Job, the Service Provider must notify the Company no less than 3 days prior to the time the next time the Service Provider is scheduled to next attend the Job.
      
      
   2. The Company may notify the Service Provider that it is no longer required to attend a Job at any time, which may be effective immediately.
      
      
   3. The Company accepts no responsibility or liability for any Job that is cancelled.
      
      
6. Ratings
   1. The Platform has a rating system for each and every Job.
      
      
   2. The Service Provider acknowledges that a Job will not be deemed to have been satisfactorily completed unless the Customer rates the Job to the Minimum Standard or greater.
      
      
   3. The Company agrees that where the Service Provider believes the Customer’s rating is unreasonable, it will facilitate a resolution between the Customer in accordance with the Terms of Service.
      
      
7. Insurance
   1. As a material condition of this Agreement, the Service Provider must arrange and retain adequate and current insurance:
      
      
      1. For public liability insurance for an amount not less than $5,000,000 in respect of any one occurrence; and
         
         
      2. Any other insurance required under any relevant legislation.
   2. The Service Provider will, if required by the Company and/or Customer, produce evidence of all certificates of insurance as required from time to time.
      
      
   3. The Service Provider must notify the Company immediately of any cancellations or non-renewal of any relevant insurance policies.

3. FEES AND PAYMENTS

1. Fees
   
   1. The Service Provider agrees that the Company shall set the Job Fees in its absolute discretion.
      
      
   2. All Job Fees are inclusive of GST.
      
      
   3. The Service Provider acknowledges that it is an independent contractor to the Customer in respect of each Job it undertakes, and that the Job Fees are not increased or varied for work on weekends, public holidays or outside of normal business hours.
      
      
2. Payments
   1. All payments for a Job must be made via the Platform (and in any event, to the Company).
      
      
   2. The Company shall deduct the Booking Fee for each Job from the Job Fee. The Booking Fee is GST inclusive.
      
      
   3. The Company will deposit the Job Fees (less any Booking Fees) once per week to the Service Provider’s nominated Australian bank account.
      
      
   4. At the Company’s discretion (which will be notified to the Service Provider in writing):
      
      
      1. The Service Provider must provide the Company with a Tax Invoice (or if the Service Provider is not registered for GST, just an invoice) for its Job Fees in the previous week by no later than 5.00pm each Monday; or
         
         
      2. The Company will issue the Service Provider a Recipient Created Tax Invoice (or if the Service Provider is not registered for GST, just a recipient created invoice) for its Job Fees in the payment period.
         
         
   5. The Service Provider warrants that it will not accept direct payment from the Customer. The Service Provider agrees that it will not charge (or attempt to charge) the Customer for any services.
      
      
   6. The Company is under no obligation to pay the Service Provider any amount prior to funds being received from a Customer.
      
      
3. Expenses & Taxation
   1. The Service Provider is responsible for all expenses incurred in undertaking a Job (including providing all Equipment & Materials, if that is part of the Job) and shall not be entitled to seek reimbursement from the Company unless expressly agreed by the Company in writing.
      
      
   2. The Service Provider may be required to travel to undertake a Job. The Service Provider will not be entitled to reimbursement of such travel expenses or any additional payment for such travel.
      
      
   3. The Service Provider acknowledges that it is solely responsible for the assessment and payment of its own taxes.

4. DIRECT CONTRACTING WITH CUSTOMERS

1. Without the written consent of the Company, the Service Provider shall not directly contract to provide services to a Customer outside of the Platform (and thereby exclude the Company) within 12 months of the last day that the Service Provider attended a Job at the relevant Customer.
   
   
2. Where the Service Provider contracts directly to provide Services to a Customer outside the Platform, the Service Provider agrees that it shall pay the Company the equivalent of the Booking Fee (as if the services been booked through the Platform) for the duration of the Service Provider’s commercial relationship with that Customer, whether or not consent is provided by the Company under clause 4.1.
   
   
3. The Company will issue a Tax Invoice to the Service Provider for all such fees payable to the Company under clause 4.2.

5. RELATIONSHIP

1.  The Service Provider agrees and acknowledges that:
   
   
   1. The Service Provider is not an employee or subcontractor of the Company, and the Service Provider does not provide any services to Customers on behalf of the Company;
      
      
   2. The Company is only the Service Provider’s agent for the purpose of arranging Jobs and receiving payments from the Customer;
      
      
   3. The Service Provider is not an employee of the Customer; and
      
      
   4. The Company is not an agent of the Customer.
      
      
2. The Service Provider agrees that it is solely responsible for the provision of its services to the Customer.
   
   
3. The Service Provider warrants that:
   
   
   1. All information submitted to the Company, or a Customer, is true and accurate to the best of the Service Provider’s knowledge, including with regard to the Service Provider’s experience and work history; and
      
      
   2. The Service Provider holds all current qualifications and licences it represents as holding and necessary to undertake any Jobs it accepts.
      
      
4. The Company is under no obligation to ensure that a Service Provider receives a Job, and makes no warranty or representation that:
   1. The Service Provider will receive a Job; or
      
      
   2. That a Job will last for a particular duration.

6. TERMINATION

1. Either party may terminate this Agreement by giving the other party no less than 30 days’ written notice.
   
   
2. Despite clause 6.1, either party may terminate this Agreement by written notice if the other party:
   
   
   1. Is in breach of this Agreement, and such breach is not remedied within 5 business days’ of receiving written notice of that breach; or
      
      
   2. Commits a breach incapable of remedy.
      
      
3. Termination does not affect any of the rights accrued by a party prior to termination.

7. PRIVACY

1. The Company maintains the Privacy Policy in compliance with the provisions of the Privacy Act for personal information that it collects. The Service Provider agrees and understands that Customers, and the Company, may have obligations under the Privacy Act.
   
   
2. The Service Provider agrees to maintain all personal information that comes into their possession or knowledge via Jobs (in particular, the names, addresses and contact details of Customers) as Confidential Information under this Agreement.
   
   
3. The Service Provider authorises the Company to provide personal information about the Service Provider to Customers for the purposes of procuring Jobs.

8. CONFIDENTIALITY

1. A party shall not:
   1. Use any of the Confidential Information except to the extent necessary to exercise its rights and perform its obligations under this Agreement; or
      
      
   2. Disclose any of the Confidential Information except in accordance with clause 8.2.
      
      
2. Subject to clause 8.3, a Party may disclose Confidential Information that a Party is required to disclose:
   
   
   1. By law or by order of any court or tribunal of competent jurisdiction; or
      
      
   2. By any Government Agency, stock exchange or other regulatory body.
      
      
3. If a party is required to make a disclosure under clause 8.2, that party must:
   
   
   1. To the extent possible, notify the other party immediately after it anticipates that it may be required to disclose any of the Confidential Information; and
      
      
   2. Only disclose Confidential Information to the extent necessary to comply.
      
      
4. The Service Provider and the Company must each assist the other to comply with its obligations under the Privacy Act 1988 (Cth) in relation to Confidential Information.

 9. LIABILITY & INDEMNITY

1. The Service Provider agrees to indemnify the Company for any loss, damage, cost or expense that the Company may suffer or incur as a result of or in connection with:
   
   
   1. The Service Provider’s conduct on a Job; and
      
      
   2. The Service Provider’s breach of this Agreement and/or the Terms of Service.
      
      
2. In no circumstances will the Company be liable for any direct, incidental, consequential or indirect damages, personal injury, death, damage to property, loss of property, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from the Service Provider’s access to, or use of, or inability to use any of the Company’s services and/or the Platform, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not the Company knew or should have known of the possibility of such damage, loss, personal injury or death, or business interruption of any type, whether in tort, contract or otherwise.
   
   
3. Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, the Company and the Company’s related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, the Company’s liability for breach of any implied warranty or condition that cannot be excluded is restricted, at the Company’s option to:
   
   
   1. The re-supply of services or payment of the cost of re-supply of services; or
      
      
   2. The replacement or repair of goods or payment of the cost of replacement or repair.

10. DISPUTE RESOLUTION

1. If any dispute arises between the the parties in connection with this Agreement (Dispute), then either party may notify the other of the Dispute with a notice (Dispute Notice) which:
   
   
   1. Includes or is accompanied by full and detailed particulars of the Dispute; and
      
      
   2. Is delivered within 10 Business Days of the circumstances giving rise to the Dispute first occurring.
      
      
2. Within 10 Business Days after a Dispute Notice is given, a representative (with the authority to resolve the dispute) parties must meet (virtually or otherwise) and seek to resolve the Dispute.
   
   
3. Subject to clause (d), a party must not bring court proceedings in respect of any Dispute unless it first complies with the requirements of the dispute resolution mechanism outlined in this clause.
   
   
4. Nothing in this clause prevents either party from instituting court proceedings to seek urgent injunctive, interlocutory or declaratory relief in respect of a Dispute.
   
   
5. Despite the existence of a Dispute, the parties must continue to perform their respective obligations under this document and any related agreements.

END AGREEMENT

By signing below, the Service Provider agree to the terms and conditions of this Agreement