Terms & Conditions of Business
URGENT PLACEMENTS (LESS THAN 48HRS NOTICE)
Upon engagement of our services for any urgent placements, the client agrees to pay a flat rate fee of $200.00, in addition to a commission override of 20% of the total remuneration payable to the crew member(s) for the entire duration of the temporary contract, as per the terms and conditions of our agreement.
CREW PLACEMENT SERVICES
PERMANENT PLACEMENT OF CREW
The Customer acknowledges and agrees that, in the event the Customer hires a member or members of Crew provided by Champion Crewing & Concierge on any terms including but not limited to hire on a casual, part-time or full-time basis such that the Company considers that the Retained Crew is no longer available for use in Champion Crewing & Concierge’s Business and/or the Crew provided to the Customer becomes Permanent Crew, the Customer agrees to pay Champion Crewing & Concierge the Permanent Placement Fee within seven (7) days of the date of issue of the invoice.
The Permanent Placement Crew fee is 65% of the first month’s wages paid to the Permanent Crew placed with the Customer (plus GST) for employment of 3 months or more.
TEMPORARY OR RELIEF CREW
The Customer acknowledges and agrees that, in the event the Customer hires a member or members of Crew provided by Champion Crewing & Concierge on any terms one month or less, under a temporary contract, the Customer agrees to pay Champion Crewing & Concierge the Temporary Placement Fee within seven (7) days of the date of issue of the invoice.
The Temporary or Relief Crew placement fee is 20% of the total wage paid to the Crew placed with the Customer (plus GST) for employment up to 30 days.
TEMPORARY CREW TO REPEAT CREW
The Customer acknowledges and agrees that should a member of the Temporary Crew be required by the Customer on more than one occasion then that member of the Temporary Crew ceases to be considered a member of the Temporary Crew and is considered a member of the Repeat Crew.
In the event of this occurring the Customer further acknowledges and agrees that the customer will notify Champion Crewing & Concierge within (7) days of the change of type of crew; and the customer will pay the repeat crew placement fee for up to three occasions. After the three occasions, the crew is no longer considered repeat and Champion Crewing & Concierge cannot invoice the customer for the use of the crew, unless they then become a permanent crew, in which case the Permanent Placement fee of 65% will override and the remaining difference will be invoiced, to be paid within 7 days. It is the responsibility of the Customer to notify Champion Crewing & Concierge of change in engagement.
The Repeat Crew Placement Fee is 15% of the total wage paid to crew placed with the Customer (plus GST) for up to three occasions.
SEASONAL CREW
The Customer acknowledges and agrees that, in the event the Customer hires a member or members of Crew provided by Champion Crewing & Concierge on any terms between 31 days and three months including but not limited to hire on a casual, part-time, or full-time basis such that Champion Crewing & Concierge considers that the Retained Crew is no longer available for use in Champion Crewing & Concierge’s Business and the Customer agrees to pay Champion Crewing & Concierge the Seasonal Placement Fee within seven (7) days of the date of issue of the invoice.
The Seasonal Crew Placement Fee is 35% of the total first month’s wage paid to crew placed with the Customer (plus GST)
SUPPLY AND REPLACEMENT OF CREW
In the event the Customer (acting reasonably) is not satisfied with the performance of a member of Crew provided by Champion Crewing & Concierge, the Customer will as soon as possible notify Champion Crewing & Concierge and will use its best endeavors to provide alternative Crew in accordance with the terms of this Agreement within a reasonable timeframe of the Customer’s notification.
In the event the Customer is not satisfied with the performance of the alternative Crew provided by Champion Crewing & Concierge or Champion Crewing & Concierge cannot provide a suitable replacement, subject to the Customer having paid the Service Fee, Champion Crewing & Concierge will provide a credit of the Customer’s account at the credit rate listed below.
In the event, that a crew member placed in a permanent position does not successfully complete the three-month probationary period, a 50% credit shall be applied to the client’s account, which can be utilized for any future placements, in accordance with the terms and conditions outlined in our agreement.
The credit is an amount equal to 50% of the total amount actually paid to the Company by the Customer for placement of the relevant Crew and relates only to permanent and seasonal placements.
** In accordance with legal and contractual principles, it is incumbent upon the client and the crew to engage in discussions pertaining to the terms of the employment contract and the remuneration to be disbursed to the crew prior to commencement of employment of any kind.
CONCIERGE SERVICES
The fees for the Concierge Services are charged at 20% + GST of the total cost of external goods and services arranged by Champion Crewing & Concierge for the customer.
For all Concierge services & events, the customer is required to provide a retainer of which Champion Crewing & Concierge will reimburse the remaining unused funds. This will be invoiced and due for payment prior to any commencement of services. One the retainer has been depleted and additional concierge services are requested the client agrees to replenish the retainer as and when required.
The fees for the Concierge Services, which are charged at a minimum of one hour then in half hourly increments, required by the Customer are as follows:
ITEM
Monday to Friday (8am – 6pm)
Saturday & Sunday (8am – 6pm)
Public Holidays (8am – 6pm)
After hours call out fee (6pm – 8am)
Last minute requests (Less than 48hrs notice)
RATE
$100.00 per hour plus GST
$120.00 per hour plus GST
$140.00 per hour plus GST
$150.00 per hour plus GST
$500.00 Fee
+ hourly rate + 20% Handling Fee
RECITALS:
A. The Company carries on the Business.
B. The Customer wishes
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DEFINITIONS AND INTERPRETATION
The following definitions will apply for the purpose of this Agreement:
Agreement means this Agreement.
Business means the Business of the Company, namely the provision of Concierge Services and the provision of permanent, temporary, repeat Crew, and seasonal crew for employment with Customers and any matters incidental to that business and any other business in which the Company may engage in from time to time.
Concierge Services means any Services other than the provision of Crew.
Concierge Service Fee means the fee for undertaking the Concierge Services.
Commencement Date means the date set out in Item 3 of the Schedule.
Crew means individuals with the requisite qualifications and/or experience as required by the Customer to be employed by the Customer as either Permanent Crew, Seasonal crew, Repeat Crew or Temporary Crew.
Intellectual Property means a proprietary or personal right arising from or in connection with intellectual activity in the Business. It includes the copyright, design (whether registered or unregistered), trademark (whether registered or unregistered), or rights to any know-how or confidential information of the Company.
Loss means any liability, loss, damage, penalty, charge, claim, harm, injury, costs or expenses of any kind.
Misconduct means the wrongful, improper or unlawful conduct motivated by premeditated or intentional purpose or by obstinate indifference to the consequences of one’s acts.
Officer has the meaning given to it in the Corporations Act 2001 (Cth).
Permanent Placement Fee means the amount specified in Item 8 of the Schedule.
Permanent Crew means any individual who has been employed by the Customer as a crew member and remained employed by the Customer for a period greater than one (1) calendar month.
Related Body Corporate has the meaning given to it in the Corporations Act 2001 (Cth).
Credit Rate means the amount specified owing applied to the client’s account for any unsuccessful permanent placements.
Repeat Crew means any individual who has been employed, on a freelance basis, by the Customer as a crew member for the Customer on more than one separate occasion.
Repeat Crew Placement Fee means the amount specified for the use of repeat crew.
Schedule means the Schedule to this Agreement.
Services means the services specified in Item 5 of the Schedule
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Service Fee means the amounts specified in Item 6 of the Schedule and includes the Concierge Service Fee.
Temporary Crew means any individual who has been employed, on a freelance basis, by the Customer as a crew member for the Customer for a period less than one (1) calendar month.
Term means the period specified in Item 4 of the Schedule.
In this Agreement, unless the contrary intention appears:
(a) Headings, notes and examples are inserted for convenience only and do not affect the interpretation of this Agreement, but are to be used to understand the spirit of this Agreement;
(b) The word “including” or any variation is not to be construed as a word of limitation;
(c) A reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of it;
(d) The singular includes the plural and vice versa;
(e) A person includes a body corporate.
(f) Reference to a clause is a reference to that whole of that clause including sub-clauses.
TERM
Unless terminated in accordance with Clause 17 of this Agreement the Customer engages the Company to provide the Services for the Term.
The Parties acknowledge and agree that the Term may be extended by written agreement between the Parties.
RELATIONSHIP BETWEEN THE PARTIES
The Customer engages the Company to deliver the Services as an independent agent.
The Parties acknowledge and agree that:
(a) this Agreement is made between them as independent parties for the purpose of their mutual but independent benefit;
(b) the relationship between the Parties is one of an independent agent and principal;
(c) the Company is not the Customer’s employee, partner, legal representative, joint venturer or franchisee;
(d) the Customer has no right or authority to bind the Company, assume or create any obligations for or on behalf of the Company, or make any representations or warranties for or on behalf of the Company; and
(e) this Agreement is not designed or intended to avoid the provisions of the Fair Work Act 2009.
Any Crew supplied to the Customer under this Agreement are not the Company’s employees, partners, legal representatives, agents, joint venturers, or franchisees.
The Crew are not entitled to any benefit from the Company usually attributable to an employee nor are the Crew entitled to any payments of any nature from the Company.
PERFORMANCE OF SERVICES BY THE COMPANY
The Company will use its best endeavors to perform the Services as requested by the Customer from time to time.
The Customer will give the Company as much notice as possible of its requirements from time to time to ensure the Company has a reasonable time to perform the Services.
The Company will use its best endeavors to ensure that it does not provide any Crew to the Customer who do not have the requisite skill, training and/or expertise.
The Parties acknowledge and agree that all Crew placed with the Customer will be under the sole control and direction of the Customer and the Customer shall be responsible for all matters pertaining to such Crew.
The Customer releases the Company and agrees to indemnify the Company in respect of any Loss, damage, liability, fine, penalty or other charge including any legal expenses or costs incurred directly or indirectly by the Company as a result of:
(a) the actions of any and all Crew supplied under this Agreement; or
(b) the Company being unable to meet its obligations under this clause 4.
The Parties acknowledge and agree that the Company does not provide the Crew to the Customer under a labor hire agreement between the Company and the Customer or the Company and the Crew.
The Customer will pay the Company the Service Fee in exchange for the Services.
Unless otherwise agreed between the Parties:
(a) the Company will issue the Customer with a Tax Invoice as soon as possible after the Crew are taken on board by the Customer;
(b) the Customer will pay the Company for the provision of Crew within seven (7) days of receipt of the Tax Invoice from the Company;
(c) if payment is not made in accordance with clause 5.2(b), the Company may charge a late fee of 15% of the total amount payable under the Tax Invoice issued in accordance with clause 5.2(a);
(d) the Customer authorizes the Company to charge the total amount payable in accordance with clause 5.2(a) and 5.2(c) to the Customer’s credit card, unless the Customer and Company have agreed otherwise, if:
(i) payment is not made within fourteen (7) days of receipt of the Tax Invoice from the Company; and
(ii) the Company has issued a reminder notice to the Customer.
The Customer will be solely responsible for and solely bear the liability for any costs or expenses incurred by the Company and/or the Crew in meeting the requirements of the Customer, including any reasonable travel expenses.
GOODS AND SERVICES TAX
In the event the Company in performance of the Services undertakes a Taxable Supply the Company will include the amount of goods and services tax (“GST”) payable in respect of the Services on any tax invoice issued to the Company and the Company shall pay such GST in addition to the Service Fee.
CUSTOMER’S SPECIFIC OBLIGATIONS
The Customer will be solely responsible for and solely bear the liability for:
(a) the payment of remuneration to the Crew, including their salaries and wages, superannuation, annual leave, sick leave, long service leave and other benefits to which
any of them may be entitled under any contract of service or for services with the Customer or under any rule, statute, common law or industrial instrument (as defined in relevant legislation);
(b) the payment of all taxes and duties in respect of such remuneration and benefits;
(c) compliance with and the cost of compliance with, all statutory, award or other legal or contractual requirements with respect to such employees, agents, servants and contractors;
(d) the maintenance of and the cost of obtaining one or multiple workers' compensation policies providing coverage for the Crew.
At no time will the Company or any company related to the Company have any responsibility with respect to the payment of salary or wages to any Crew nor the payment of any payroll tax, PAYG taxation instalments or superannuation guarantee charge associated will the employment of any Crew, annual leave, sick leave or long service leave which may accrue to any Crew, any other benefits to which any Crew may otherwise become entitled under any industrial instrument, statute or common law.
SUPPLY AND REPLACEMENT OF CREW
In the event the Customer (acting reasonably) is not satisfied with the performance of a member of Crew provided by the Company, the Customer will as soon as possible notify the Company and the Company will use its best endeavors to provide alternative Crew in accordance with the terms of this Agreement within a reasonable timeframe of the Customer’s notification.
In the event the Customer is not satisfied with the performance of the alternative Crew provided by the Company under clause 8.1, subject to the Customer having paid the Service Fee to the Company, the Company will provide a credit of the Customer’s payment at the credit rate listed in the ‘Schedule’ or as otherwise agreed between the Parties.
Should the Customer fail to notify the Company in accordance with clause 9.2 then the Company has the right to refuse to provide future Services and issue the Customer with a Tax Invoice for payment of the difference between the Repeat Crew Placement Fee and the Service Fee and which was payable to the Company in accordance with clause 9.1 and 9.2.
COMPANY’S WARRANTIES
The Company warrants that the Company will:
(a) devote its best efforts and attention to the timely performance of any required Services; and
(b) comply with any legislative requirements relating to the Company’s provision of the Services including any qualification, permit or licensing requirements in any relevant jurisdiction.
CUSTOMER’S WARRANTIES
The Customer warrants that the Customer:
(a) at all times during and after this Agreement will act in good faith and in the best interests of the Company; and
(b) was provided with a reasonable opportunity to negotiate the terms of this Agreement and seek independent legal advice upon those terms before executing the Agreement.
EQUIPMENT
The Customer is responsible for providing all relevant tools, equipment, and other assets necessary for the Crew to perform the work for which such Crew have been provided.
EXPENSES
The Parties acknowledge and agree that:
(a) the Customer is responsible for all approved expenses incurred in the performance of the Services by the Company; and
(b) the Company will provide the Customer with written receipts for those expenses; and
(c) the Company is not responsible for any expenses incurred by the Customer or the Crew.
CONFIDENTIALITY
Each Party must maintain the confidentiality of and not disclose any trade secret, confidential information or commercially sensitive information about the other Party or any of its related clients or bodies corporate obtained during the Term of this Agreement, other than when required by law or when the information falls into the public domain.
This clause will survive termination of this Agreement.
INTELLECTUAL PROPERTY
The Customer warrants that the delivery of the Services does not infringe any Intellectual Property belonging to any third party and agrees to indemnify the Company, its employees, directors and agents, against all losses, liabilities and legal costs arising directly or indirectly from any infringement.
TERMINATION
This Agreement may be terminated:
(a) by mutual agreement between the Parties;
(b) by either Party providing one (1) months written notice to the other party unless both parties agree to an earlier date;
(c) by the Company, without prior written notice if:
(i) the Customer has committed any breach of any of the provisions of this Agreement and has not remedied the breach within a reasonable notice period, whether the breach is material or not;
(ii) the Customer is, in the opinion of the Company, guilty of serious misconduct or willful neglect or incompetence relating to the discharge of the obligations under or associated with this Agreement;
(iii) the Customer ceases to be qualified and/or licensed to operate within the Whitsunday Marine Park and/or the Great Barrier Reef Marine Park;
(iv) the Customer is guilty of a criminal offence, other than an offence which in the reasonable opinion of the Company does not affect the Customer’s ability to operate its business;
(v) the Customer by its actions or omissions in the reasonable opinion of the Company has seriously damaged the interests of the Company and/or has brought the reputation of the Company into disrepute;
(d) by the Customer, without prior written notice, if the Company materially breaches any material term of this Agreement and fails to rectify the breach after having been given notice of the nature of the breach and having been required by the notice to rectify the breach within 7 days of the notice;
(e) by either Party if the other party for whatever reason becomes unable to discharge its obligations under this Agreement;
(f) by either Party if the other party becomes insolvent or seeks to take advantage of any law relating to insolvency (otherwise than for the purpose of any corporate reconstruction or amalgamation).
Immediately after termination of this Agreement, the Customer must:
(a) return to the Company all documents, materials, property and information including Confidential Information; and
(b) ensure that its legal and financial advisers return to the Company any documents, materials, property, or information including Confidential Information that is held by them.
The Parties acknowledge that termination of this Agreement will not prejudice any rights or remedies already accrued to either Party under, or in respect of any breach of, this Agreement.
COMPENSATION AND INDEMNIFICATION
The Customer agrees to compensate the Company for any liquidated (and general and consequential) damages incurred by the Company which are referable to the Services delivered to the Customer under this Agreement, to the extent that such damages have been caused or contributed to by the Customer, or any other servant, agent or contractor of the Customer (including the Crew).
The Customer agrees to indemnify the Company against any action, suit, claim, demand, loss, damage, cost or expense arising out of or referable to:
(a) any damage, injury or loss caused by or resulting from any willful or negligent act or omission or misfeasance of the Customer or any other servant, agent or contractor of the Customer (including the Crew);
(b) all injury, loss or damage sustained by any officer, servant or agent or contractor of the Customer (including the Crew) incurred in delivering the Services under this Agreement or incidental or preparatory thereto, unless that injury, loss or damage was caused or contributed to by any willful or negligent act or omission of the Company or any officer, servant or agent of the Company; and
(c) a breach of any term of this Agreement by the Customer.
If any liability, fine, penalty or other charge is imposed on the Company as a result of the non- compliance by the Customer, the Customer agrees to indemnify the Company in respect of that liability, fine, penalty or other charge including any legal expenses or costs incurred directly or indirectly as a result of the liability, fine, penalty or other charge on a solicitor and own client basis.
The obligations in this clause survive termination or expiry of this Agreement.
WARRANTIES
Each party warrants that it has entered into this Agreement without relying on any representation by any other party or any person purporting to represent that party.
The Customer expressly acknowledges that the Company has made no representation nor given any warranty as to the tax effectiveness of the Customer’s acceptance of any engagement from the Company or the legal implications arising from the engagement and that the Customer has been advised to take independent legal and accounting advice and warrants that it has taken such advice or by executing this agreement has expressly waived the opportunity to do so.
GENERAL PROVISIONS
This Agreement contains the entire agreement and understanding between the parties on everything connected with the subject matter of this Agreement and supersedes and merges any prior agreement or understanding on anything connected with that subject matter.
If anything in this Agreement is unenforceable, illegal, or void then it is severed, and the rest of this Agreement remains in force.
This Agreement may only be amended in writing.
Headings will not affect the interpretation of this Agreement.
The Company may assign or otherwise deal with the whole or any part of this Agreement.
An amendment or variation to this Agreement is not effective unless it is in writing and signed by the parties. Nothing in this Agreement obliges the parties to reach agreement as to any particular matter.
A party's failure or delay to exercise a power or right does not operate as a waiver of that power or right. No waiver is effective unless it is in writing.
The non-exercise of a power or right does not preclude its future exercise or the exercise of any other power or right. The waiver of a power or right is effective only in respect of the specific instance to which it relates and for the specific purpose for which it is given.
Each party must promptly at its own cost do all things (including executing all documents) necessary or desirable to give full effect to this Agreement.
The law of Queensland governs this Agreement. The parties submit to the non-exclusive jurisdiction of the courts of Queensland and the Federal Court of Australia.
COSTS
Each Party must pay its own costs and disbursements connected with the negotiation, preparation and execution of this Agreement
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