This policy was last updated on 23 March 2015
FlexiPeople is a website and set of services (collectively “FlexiPeople”) which facilitates employers and contractors making binding agreements between each other for jobs. This includes a “market place” for contractors to see advertised jobs and for employers to see contactors skills and experience. It also includes the “tools” used to perform and manage work.
By using FlexiPeople you agree to the terms and conditions in this policy. From time to time this policy will be reviewed and updated. All usage of the FlexiPeople is governed by the most recently updated policy.
Usage
To use the FlexiPeople you must sign up to the FlexiPeople website and be:
- Over 18 years of age
- Accepted for membership by FlexiPeople
- Allowed to form legally binding contracts
- Permitted to represent any business associated with your account, and accept full responsibility for all representations you make.
FlexiPeople reserves the right to:
- Make changes to any site or service feature, or content on the site.
- Approve or deny access to users of the site
- Close an account if it deems necessary. For example, if you do not provide true and accurate information to FlexiPeople.
Fees
By using FlexiPeople as an employer you agree to pay FlexiPeople 20% of all payments made for contractors introduced to you through the FlexiPeople website and/or service. This is the fee for the introduction of the contractor and for using any services (“tools”) provided by FlexiPeople.
By using FlexiPeople as a contractor you agree to pay FlexiPeople 5% of all payments made to you as the FlexiPeople fee for introducing you to the employer.
The employers and contractors are solely responsible for all taxes and charges in their respective jurisdiction.
Payments
FlexiPeople facilitates the payments between the Employer and Contractor. The Employer must pay pay each invoice within 2 business days of receiving the invoice, and the money payable to the Contractor will be distributed to the Contractor within 4 business days of FlexiPeople receiving payment from the Employer.
All payments will be made by bank transfer.
Dispute Resolution
By using the FlexiPeople service you grant FlexiPeople the right to make a determination in any dispute and acknowledge that FlexiPeople will use its best endeavours to provide a fair and reasonable outcome. You also indemnify FlexiPeople against any and all damages and costs, both actual and consequential.
If the Employer wishes to dispute an invoice then the Employer must raise the dispute within 2 business days of the invoice being raised using the “Contact Us” feature of the site, otherwise the Employer forfeits their right to dispute the invoice.
FlexiPeople will contact the Employer and Contractor and request all available information and documentation, and FlexiPeople will examine all available information from the FlexiPeople website and service. Based on the information available FlexiPeople will make a determination on the dispute and the changes, if any, to the invoice in question
Acceptable Behaviour
To use the FlexiPeople website or any FlexiPeople service you must not:
- Post false information, including but not limited to skills, experience, or advertise jobs that are not bona fide opportunities.
- Post information that is inflammatory, derogatory, libellous, or in any way contravenes any laws in Australia
- Infringe on any person or company’s intellectual property
- Circumvent the communication and payment processes in FlexiPeople
Limitation of Liability
Without affecting any of your statutory consumer rights that cannot be lawfully excluded or limited: a) we will not be liable for any losses, damages, liability, claims or expenses (howsoever caused, including negligence, and whether direct, indirect or consequential) arising from the use of or connected with FlexiPeople or any products or services purchased on our site, and b) we make no warranty or representation as to the fitness or suitability of any product or service displayed by FlexiPeople or any linked site. Where our liability cannot be excluded, to the extent permitted by law such liability is limited to the amount invoiced by FlexiPeople for the service.
No Insurance
FlexiPeople does not provide any form of insurance or protection for the employer or contractor.
No Warranty
FlexiPeople presents data entered into the website by users and cannot confirm the user’s true identity, experience or skills. Content displayed by FlexiPeople is provided “as is” and FlexiPeople does not provide any warranty about its correctness.