TERMS & CONDITIONS
PassionZone Party plan is a trading name of PCP Distributors Pty Ltd ABN: 11 152 028 272 Hereafter known as the “company”
1) In accordance with the terms & conditions herein I hereby submit my application and agreement to become an independent representative thereafter referred to as an “Associate Consultant”.
2) I understand the company is under no obligation to accept this application and will do so entirely at its own discretion.
3) I understand that as an Associate Consultant I am not an employee, franchise holder or legal representative for PassionZone or PCP Distributors P/L. I do not have any power of authority to incur any debt, obligation or liabilities on behalf of the company i understand that I am working as a self-employed, independent contractor.
4)I understand that as an independent contractor, I am solely responsible for handling and filing all necessary taxation matters as may be applicable to any commissions, bonuses and awards received.
5) I understand that I require an ABN number and will provide such at the commencement of this agreement otherwise the taxable amount must be deducted from commission paid and forwarded to the ATO …Application for an ABN is available online from https://abr.gov.au/
6) In particular, I will not be treated as an employee with respect to Workers Compensation and or Public liability Insurance .
7)For our part we agree to supply you with a catalogue kit at a cost, to allow you to conduct in home demonstrations and supply guidance, I understand the company may supply leads after a qualifying period to consultants satisfying our standards at our discretion however I understand that the company is under no obligation to do so.
8)As a "PassionZone" Consultant, I understand and agree that I will be conducting my PassionZone party plan business under the principles of an independent consultant, and receive remuneration on presentation of an invoice for the appropriate amount based on the commission structure current at the time that is described in detail under the “PassionZone Policies and Procedures” heading at PassionZone.com.au and/ official PassionZone printed material
9) I agree to use the PassionZone demonstration kit to conduct my business or hobby. I will present PassionZone products in a truthful, sincere and honest manner, and I will conduct myself in a manner that reflects the highest standards of integrity and responsibility, in keeping with the reputation of the company.
10) To receive the commission on my customers’ orders, I must take the order myself and input it on-line at pcpdistributors.retailepress.com.au by The Tuesday following the party.
11) The Party payments and deposits must be forwarded to the Passionzone "party plan" bank account or head office in a timely manner. No customer payments will be considered received until such time as it is physically in the company’s possession
12) I agree that it is my responsibility to ensure the safe keeping and storage of the demonstration kit supplied by the company, whilst it is in my possession. And maintain said kit in good condition. PassionZone will not replace products broken, lost, stolen or damaged
13) Any products supplied to the consultant in addition to their standard kit on a loan basis always remain the property of the company, and must be returned in the event of a voluntary or involuntary cancellation of this agreement. Any products supplied to my kit at no charge remain the property of the company.
14) I understand that information and materials provided to me contain CONFIDENTIAL AND PROPRIETARY INFORMATION about PassionZone & PCP Distributors P/L.I agree not to use,disclose or reproduce those materials for other than PassionZone business without the express written consent of the company.
16) PCI/ DSS: The consultant shall be responsible for the secure handling (processing, storage, disposal) of any customer credit card data that they receive from customers in the course of trade. The consultant shall comply with all applicable requirements of the Payment Card Industry Data Security Standards (PCI/DSS) and any subsequent amendments of PCI/DSS. The consultant shall hold harmless and indemnify PassionZone against any and all damages, losses, liabilities, awards, costs or fines incurred or paid by Passionzone as a result of any act or omission by the Consultant in failing to comply with any requirement of PCI/DSS, any misuse of customer credit card data including but not limited to any use of any stolen, misappropriated, false or fraudulent customer credit card data, and/or for any failure to securely handle customer credit card data.
17) I understand that any violation of this agreement may result in its cancellation.I understand that if thisAgreement is terminated,PassionZone is not obligated to refund to me any of my purchases or buy back any saleable product or product inventory.Further any amount owing to the company becomes due & payable immediately.
18) This agreement is contingent upon written acceptance by PCP Distributors,Pty Ltd. It is in effect for an indefinate period from the agreement date. Either party may terminate this agreement upon 30 days written notice to the other. & it may be terminated by the company with No notice.This agreement should be construed in accordance with the laws of the state of NSW.
19) As an associate consultant, I will be required to demonstrate my desire to remain active as an associate Consultant by actively seeking to aquire orders & submitting a minimum of 1 order per month.
20) Arbitration of Disputes - Any disputes or difference that may arise between the parties regarding the interpretation or application of this contract and the legal effect of this contract shall,be submitted to arbitration in accordance with,and subject to,The Institute of Arbitrators & Mediators Australian rules for the conduct of commercial arbitration
I have read and agree to abide by the above Terms & Conditions