The Terms of Service outlined below are the Copyright © 2019, ‘Platinum Pearl Resourcing Pty Ltd’. All rights reserved to Platinum Pearl Resourcing Pty Ltd ABN 26 632 793 849. The terms of service will act as a guideline for Platinum Pearl Resourcing Pty Ltd (Service Provider) and its Principles (Customers or Associates).
These Terms of Use will prevail over any other terms or agreement between You (Principal) and Platinum Pearl Resourcing Pty Ltd (Service Provider).
- ACCEPTANCE OF TERMS OF USE
- This website, app, platform and any service offered under the name “Platinum Pearl Pty Ltd” is operated and owned by PLATINUM PEARL RESOURCING PTY LTD” (ABN 26 632 793 849) and its related entities or body corporates (“us”, “we” and “our”).
- Your use of this website, email, or any or all form of communicational contact with Platinum Pearl Resourcing Pty Ltd & service arrangement is subject to these terms of use (“Terms of Use”). The Terms of Use constitute a binding legal agreement between you (principal) and us (service provider), and your continued use of our services constitutes acceptance and acknowledgement of these ‘Terms of Use’, ‘Privacy Policy’, ‘Public Liability Insurance’ and any other policies displayed on Platinum Pearl’s Resourcing website all of which constitute a part of the Terms of Use. If you do not agree to the Terms of Use, you must not use the Platinum Pearl’s Resourcing website or discontinue or stop all or any forms of contact with Platinum Pearl Resourcing employees.
- Any time you visit Platinum Pearl’s Resourcing website or purchase any services on or through any form of communicational contact, or enter any transaction you are taken to accept these ‘Terms of Use’.
- We may amend or modify the website, the Terms of Use and/or any policy at our sole discretion and at any time. Any amendments are effective 14 days after publication on the website. Your continued use of the website or any or all formals of communications indicates your continued acceptance of the Terms of Use as modified.
OPERATIVE PART
- Interpretation
This agreement is governed by the laws of New South Wales and the Commonwealth of Australia, and the parties submit to the non-exclusive jurisdiction of the courts of that state.
In the interpretation of this agreement:
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- References to legislation or provisions of legislation include changes or re-enactments of the legislation and statutory instruments and regulations issued under the legislation;
- Words denoting the singular include the plural and vice versa, words denoting individuals or persons include bodies corporate and vice versa, references to documents or agreements also mean those documents or agreements as changed, novated or replaced, and words denoting one gender include all genders;
- Grammatical forms of defined words or phrases have corresponding meanings;
- Parties must perform their obligations on the dates and times fixed by reference to the state of New South Wales & Commonwealth of Australia;
- Reference to an amount of money is a reference to the amount in the lawful currency of the Commonwealth of Australia;
- References to a party are intended to bind their executors, administrators and permitted transferees; and
- Obligations under this agreement affecting more than one party bind them jointly and each of them severally.
- Appointment
In consideration of the Principal (customer or associate) paying the Service Provider (Platinum Pearl Resourcing Pty Ltd) in accordance with rates of pay set out in the schedule or official email, the Service Provider agrees to provide the services during the contract term in accordance with the provisions of this agreement. The Principal acknowledges and agrees that the Service Provider may or will employ its own staff.
- Provision of the services
The parties agree that the Service Provider (Platinum Pear Resourcing) must:
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- Exercise all due care, skill and attention in providing the services;
- Do all things necessary to ensure that the services are provided to the reasonable satisfaction of the Principal;
- Ensure that the services are rendered in compliance with any relevant codes, standards and regulations;
- Maintain a safe environment for customers, guests and staff;
- Ensure that the services are carried out in a proficient manner by professionally trained and qualified staff;
- Ensure an appropriate range of equipment, staff and services as set out in the schedule are operating at all times;
- Comply with all legal requirements as may from time to time apply to the provision of the services; and
- Perform the key service responsibilities set out in the schedule.
- Duration of contract term
The parties agree that the Service Provider must carry out and perform the services during the days and at the times set out through any or all forms of formal communications. The scope of the services required may change with changes in the Principal’s operations and the contract scope may be varied using the agreed rates of pay within this agreement or any formal communicational means which must be written, and the principal made aware.
- Pricing and Charges
The Service Provider will provide the Principle a flat rate pricing for the provision of their service only through a radius of 14kms from the City’s CBD. If the Principal requires a service outside the 14kms radius of flat rate pricing, please contact any Platinum Pearl’s Resourcing employees through a formal means of communications to receive additional charges associated with the service. The service provider will also charge an additional surcharge to the the principle if the provision of their service is required within 48hours or less.
- Payment and invoicing
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- Subject to the Service Provider performing the services in accordance with the terms of this agreement, the Principal shall pay the Service Provider in accordance with the rates of pay set out in the schedule in the manner and at the times provided for in this agreement.
- Where the Service Provider is entitled to invoice the Principal for all or part of the amount owed to the Service Provider, such invoices must be paid by the Principal within 14 days of receipt of invoice.
- All payments made by the Principal under this agreement must include an additional 10% Goods and Services Tax (GST).
- The Service Provider can or/and will withdrawal employees from its Provision of Service with the Principle if the invoice payment terms of 14 days are not honoured. A formal email will act as the formal means of communications to notify the Principle.
- Cancellation Rates
A cancellation fee or rate of 50% will apply to cancellations made within 48hours or less before the Service Providers provision of service which will be required to be performed. If a cancellation occurs within 24hours or less of the Service Providers provision to perform their service a cancellation fee of 100% will be occurred by the Principle.
Exceptions will only be allowed in the following circumstances:
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- Any situation or circumstance where an ‘Act of God’ has occurred (i.e. Pandemic or epidemic viruses which affect the provision of service).
- Provision of labour and equipment of the Service Provider
The Service Provider will provide the Principal with hospitality or cleaning staff with appropriate training and skills to perform the services in accordance with this agreement.
- Compliance with directions
The Service Provider must comply with and must always ensure that its employees when providing the services comply with:
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- Any qualification and accreditation requirements as determined by the Principal;
- All reasonable instructions and directions of the Principal or its employees;
- All statutory provisions, regulations, orders and by-laws of any government, municipal or statutory authority which relate to the provision of the services;
- Generally accepted standards of good and proper conduct and behaviour; and
- The Principal’s policies in force from time to time, including its work health and safety policies and procedures.
- Work health and safety
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- The Service Provider must ensure that it and its employees comply with the requirements of all relevant work health and safety legislation or regulations in relation to the provision of the services.
- The Principal must comply with the requirements of all relevant work health and safety legislation or regulations in providing a safe workplace for the Service Provider and its staff.
- Accidents and hazards
The Principal must not create or leave unattended any hazards, accidents and injuries. All hazards, accidents and injuries must be reported immediately to the Service Provider. All potential hazards, accidents and injuries which the Principal has noticed, whether caused by the Principal or not, must be reported to the Service Provider’s representatives as soon as possible and no later than the next business day. Where the acts or omissions of the Principal cause loss, damage or injury to third parties the Principal must promptly deal with any third-party claims.
- Risk
The Principal and Service Provider must ensure that their employees and members of the general public are not exposed to risk to their health or safety arising from the provision of the services. Exceptions will only be allowed in the following circumstances:
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- Any situation or circumstance where an act of god has occurred (i.e. Pandemic or epidemic viruses or conditions which affect the provision of service).
- Confidentiality
The parties covenant on behalf of themselves and their financial, legal and other advisors that they will keep confidential and not divulge either directly or indirectly to any person any information relating to the business, processes, systems or affairs of the other party which is of a confidential nature or which is not otherwise in the public domain, including the terms of this agreement, save to the extent that the disclosure may be required by statute or may reasonably be required for the purpose of enabling the parties to fulfil their respective obligations under this agreement or as may otherwise be required by law. This clause shall have force after the termination or expiry of this agreement.
- The Service Provider’s warranties
The Service Provider warrants at all times during the contract term that:
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- It is a company duly incorporated in Australia and has the power and authority to enter into this agreement on the terms set out herein;
- It has the expertise, resources and capacity to perform to the highest standard all of its obligations under this agreement;
- It will have all permits, licences and authorisations required in relation to the provision of the services;
- It will comply with all statutory provisions, regulations, orders and by-laws of any government, municipal or statutory authority which relate to the provision of the services;
- This agreement constitutes a legally valid and binding obligation on the Service Provider, enforceable in accordance with its terms;
- It has made all enquiries of the Principal for the purpose of making an informed assessment of its ability to enter into and to perform all of the obligations of this agreement; and
- It has exercised its own judgment in entering into this agreement and has not relied on any warranty or representation made by the Principal, its officers, employees or agents, save as specifically set out in this agreement.
- No assignment
This agreement is personal to the Service Provider and must not be assigned without the prior written consent of the Principal. Such consent may be given or withheld at the Principal’s absolute discretion. Any assignment or purported assignment shall be void and of no effect
- Termination
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- This agreement may be terminated by either party in the event of the other party breaching a term of this agreement and failing to remedy the breach within 14 days after having received notice in writing of the breach.
- Either party may terminate this agreement by written notice to the other party if the other party becomes subject to insolvency proceedings or events.
- The Principal may terminate this agreement upon written notice to the Service Provider if the Service Provider commits a fundamental breach of this agreement within the meaning of this agreement.
- If such termination is disputed, it shall be dealt with in accordance with the dispute resolution provisions of this agreement.
- Dispute resolution
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- If a dispute arises, before any proceeding is commenced the party claiming that a dispute has arisen must give 14 days notice to the other party setting out the dispute and seeking discussion and compromise to resolve the dispute.
- If after 14 days the dispute is not resolved then it must be referred to mediation on the same terms as those ordered by the Supreme Court of New South Wales and the costs of the mediation shall be borne by the parties equally.
- Notwithstanding the preceding provisions of this clause, the Service Provider must continue to provide the services and perform its obligations under this agreement pending resolution of the dispute.
- Nothing in this clause will prevent either party from seeking urgent interlocutory relief.
- Notices
A notice or other communication to a party must be in writing and delivered to that party or that party’s practitioner in one of the following ways:
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- Delivered personally; or
- Posted to their address when it will be treated as having been received on the second business day after posting; or
- Faxed to their facsimile number when it will be treated as received when it is transmitted; or
- Sent by email to their email address when it will be treated as received when it enters the recipient’s information system.
- Relationship of the parties
The parties acknowledge that this agreement is intended as a contract of service and not any other relationship and, in particular, not the relationship of employer and employee, Principal and agent or the relationship of partnership.
- Counterparts
This agreement may be executed in any number of counterparts each of which will be an original but such counterparts together will constitute one and the same instrument and the date of the agreement will be the date on which it is executed by the last party.
- Costs
Each party will pay their own costs in relation to this agreement.
