Terms & Conditions – Contractors

Terms and Conditions of Use – Contractors

  1. Contract with Squaddle

By using Squaddle you agree to be bound by all these terms and conditions as varied, modified or updated by Squaddle from time to time (Terms), which form a contract between you and Squaddle. If you do not agree to these Terms, you may not access or use the services provided by Squaddle (Services). These Terms expressly replace any prior understanding, agreement or arrangement with you.

 

  1. A Digital Platform

Squaddle is a peer-to-peer digital platform that connects businesses (Businesses) directly with contractors (Contractors).  Squaddle is a digital venue only and does not guarantee or accept any liability or responsibility for the quality or legality of businesses that procure Contractors through the Squaddle platform service.

 

Contractors who solicit work through Squaddle do so as completely independent contractors.  The Contractors are not employees or subcontractors of Squaddle.  They are not in any agency, partnership, joint venture or other similar relationship with Squaddle.

 

Contractors are not agents of Squaddle and are entirely free to determine which contracts they bid for, accept or how and when they fulfil their contractual obligations with a Business in compliance with these Terms.

 

Squaddle reserves the right to ban any Contractor from its platform service at its sole discretion.  Squaddle is not an employment or a labour hire agency.

 

  1. Eligibility to use the Services

All Contractor user accounts must be created and held by a natural person over the age of 18 years of age and have legal capacity to form legally binding contracts under Australian law.

 

In addition, Contractors must meet the following minimum criteria for eligibility:

  • Valid Australian Business Number (ABN).
  • Valid Tax File Number (TFN).
  • Eligibility to work within Australia.

Squaddle reserves the right to reject a Contractor’s application at its sole discretion.

 

Upon creation of a Contractor user account, the sole use of the account and its responsibility rests with the Contractor.  The Contractor cannot transfer their account or allow anyone other than the authorised Contractor to engage in activities on the platform service.

 

  1. Responsibility to maintain Contractor’s user account credentials and password

The Contractor is solely responsible for the maintenance, update and confidentiality of all their credentials and passwords. Any misuse of a Contractor account is the sole responsibility of the Contractor and Squaddle accepts no liability arising from account misuse. If a Contractor suspects their account details has been compromised they must contact Squaddle immediately and/or reset their password using the Squaddle account resetting tool.

 

  1. Contractor responsibilities and Obligations

Contractors agree and undertake:

  • to ensure that all information provided on this site by the Contractor is truthful, accurate and up to date and not false, misleading or deceptive.
  • to abide by all laws, statutes and regulations governing their activities in relation to the use of this platform.
  • to use the platform service only for legal and moral purposes.
  • to not engage in any threatening, harassing or libellous behaviour while using the platform.
  • to comply with all relevant legislation including trade practices, equal opportunity and occupational health and safety laws.
  • to not compromise the Squaddle platform in any way.
  • to abide by all relevant State and Federal laws including taxation and superannuation laws.
  • to ensure that any and all information and communication provided by them on the platform is not threatening, harassing obscene, immoral, defamatory, misleading, deceptive, false or infringes on any confidentiality or intellectual property rights.
  • to ensure that their actions on the platform will not result in malicious code, viruses or information that affects the platform performance or corrupts its intended function.
  • to ensure that any and all images that are upload to or linked from the platform are not obscene, inappropriate, illegal or irrelevant to the stated purpose of the platform.
  • to ensure that all content on the platform is the exclusive property of Squaddle.

 

  1. Limitations of Squaddle Liability

Squaddle will not be liable for any claim, injury, loss or damage as result of any activities conducted directly or indirectly via its platform service.  All legal obligations and relevant laws, regulations and requirements must be met at all times by Contractors using the Squaddle platform.

 

Contractors agree and undertake to indemnify Squaddle and its officers and directors against any:

  • legal action that may arise either directly or indirectly through their use of its platform;
  • legal violation or action which may arise from your activities on the platform;
  • claim or liability with respect to taxation as a result of their activities on the platform; and
  • damages, expenses or losses arising from a beach by you of the terms of this agreement.

 

  1. Offer and Acceptance Constitute a Contract

Once a business accepts the quotation from a contractor and awards the contract it forms a binding and legal agreement for services between the contractor and the business.  This contract for service does not bind Squaddle for the fulfilment of those services in anyway.  Squaddle is not party to the contract of service between the contractor and the business.

 

  1. Payments for Contractor Services

Upon completion of the contract, payment will be held for up to 48 hours before being released to the Contractor. Delays due to weekends, public holidays or banking holidays may occur from time to time.

 

  1. Cancellation of Contract prior to Commencement

If a Business cancels an agreed contract before the commencement of the contract, a cancellation fee of $50 will be deducted from the escrow payment before the balance of the payment is returned to the Business.

  • $40 of this fee will be made payable to the Contractor (without any further deductions).
  • $10 of this fee will be levied and retained by Squaddle.

 

  1. Cancellation of a Contract after Commencement

If a Business no longer requires a Contractor after commencement of the contract or part way through fulfilment of a contract, then payment for the contract will be made in full. However, should the Contractor fail to fulfil their obligations under the contract (e.g. fail to turn up) or depart prior to completion of the contract, the Business will lodge a payment suspension request and receive a full or partial refund.

 

  1. Minimum Contract Value

The minimum value of any contract using the Squaddle platform service is $67.50 (exclusive of GST) over a minimum service period of 3 hours. The minimum service period on all contracts is 3 hours.

 

  1. Contractor Service Fees Payable to Squaddle

Fees for the provision of the platform service to Contractors are 20% of the value of the contract (inclusive of GST). Fees payable by the Contractor to Squaddle will be deducted and reconciled automatically at the time of payment. Squaddle will provide a tax invoice on behalf of the Contractor to the Business for the full value of the contract. Squaddle will provide a tax invoice to the Contractor for their fees payable to Squaddle. Squaddle reserves the right to adjust or change the fees or fee structure at any time and will notify Contractors of any changes.

 

  1. Insurance for Contractors

Contractors accept and acknowledge that, as independent contractors, they are not covered by any insurance held by Squaddle including workers compensation, general liability, public liability or professional indemnity insurance.  Should Contractors choose to take out their own insurance policies, they are free to do so.

 

  1. Severability

Should any provision of these Terms be held unenforceable or invalid for any reason then such Terms will be deemed modified to the extent that the remaining Terms become valid and enforceable.

 

  1. No Warranty

All services provided by Squaddle in relation to its platform are provided ‘as is’ and without any warranty or guarantee of service. Squaddle makes no representation of warranty of any kind.

 

  1. Goods and Services Tax (GST)

Any and all amounts specified within this terms of use do not include GST. Where GST is applicable and/or a Contractor has nominated that GST be added to their contract to a Business then GST will be included.

GST will be charged inclusive to the service fee to all Contractors.

References to ‘GST’ means the goods and services tax. Further details can be obtained from this link to the ATO website: https://www.ato.gov.au/Business/GST/

 

  1. Superannuation

In some circumstances, Contractors may be eligible for superannuation payments from Businesses if they earn more than $450 in a month with the same Business. In these circumstances, Squaddle will notify the Business Client of their superannuation liability and pass details of the nominated superannuation fund onto the Business Client for payment. All Contractors agree that the details of their nominated superannuation fund will be provided to the relevant Business Clients.

 

  1. Dispute Resolution

(1)     If any dispute arises in:

(a) relation to the Terms; or

(b) relation to the operation or construction of the Terms; or

(c) connection with any transaction referenced in the Terms,

then the parties must comply with the provisions of this clause.

(2)     A party claiming that a dispute has arisen must give written notice to the other party setting out the nature of the dispute.

(3)     The parties must endeavour in good faith to settle the dispute between themselves within 21 days of receipt of the dispute notice.

(4)     If the Dispute is not settled, either party may refer the Dispute for determination by an independent arbitrator as agreed or failing that a person nominated by the President of the Western Australian Industrial Relations Commission.

(5)     The procedures for determining the dispute are to be decided solely the arbitrator in the arbitrator’s absolute discretion.

(6)     The arbitrator must make a decision on the dispute as soon as practicable after receiving any submissions from the parties.

(7)     The arbitrator must provide an explanation for the decision given.

(8)     The arbitrator will be appointed as an expert and their decision is final and binding on the parties.

(9)     The parties will share equally the Arbitrator’s costs and expenses in connection with the dispute.

(10)   Nothing in this clause prevents a party from seeking urgent interlocutory injunctive relief before an appropriate court.

 

  1. Governing Law and Jurisdiction

Australian law governs the Terms. The Contractors and Squaddle agree to submit to the non-exclusive jurisdiction of the Courts of Western Australia.

 

  1. Privacy

By agreeing to these terms and conditions you also agree with Squaddle’s privacy policy located here http://www.squaddle.com/privacy-statement/