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Terms and Conditions

1. Scope of this Agreement

  • This Agreement shall apply to:

  • Any Business proposed or undertaken by BB for the Client; and

  • The engagement made by the Client for any Service to commence at the Client’s residence or commercial property provided by a Tradie or Inspector via BB.

 

2.  The Placement

  • BB shall use reasonable skill and care in the sourcing Tradies and Inspectors to the Client.

  • The Client shall provide all honest and accurate information to enable BB to assess the suitability of a Tradie for Placement.

  • The final decision to engage the rests with both the Client and Tradie.

 

3 Fees

  • You agree to pay the fees for the Service specified prior to any Placements.

 

4 Payment & Additional Costs

  • Additional costs will only be incurred with the Client’s approval and charged at rates agreed.

  • The Client shall pay all invoices within 7 days of the date of invoice.

  • The Client is deemed to have accepted the invoice if no dispute is raised within 4 days of the date of invoice. 

  • All fees are GST exclusive. GST shall be charged on fees due at the prevailing rate and on such aspects of any other charges as        is required by law.

 

5 Liability

 

  • Under the Australian Consumer Law, you are entitled to certain guarantees in relation to our Services to you under the Agreement which cannot be excluded, restricted or modified (Consumer Guarantees). To the extent permitted by law, our liability for failure to comply with a Consumer Guarantee is limited to, at our option, the supply of the services again or the payment of the cost of having the services supplied again.

  • To the extent permitted by law, BB have and are under no liability (howsoever arising, and whether at law, in equity, under statute or otherwise) to you for any consequential or indirect loss (including loss of profits, loss of revenue or loss of opportunity) in connection with our breach of this Agreement except to the extent caused by our negligence, or that of one of our officers, employees, agents or representatives.

  •  BB endeavors to refer suitable Tradies to you. Under no circumstances do BB, make any warranty, accept any liability or take any responsibility for the accuracy or truthfulness of information given to us by the Tradie.

  • BB is not liable for any loss or damage to any property (whether of the Client or another person) or for death or personal injury (to the Client’s personnel or another person) caused or contributed to by BB Tradies or Inspectors. 

  • f the clause is held by a Court and to be illegal or unenforceable, the party will be severed from all other terms without affecting the validity or enforceability of all other terms of this Agreement.

  • This Agreement shall be governed by the laws of the State or Territory in which the Business is performed. 

  • The Client must provide a working environment free from unlawful discrimination, harassment, and bullying and consistent with equal employment opportunity principals.

  • Both the Client and Tradie are responsible for providing a safe and healthy workplace and safe systems of work.

  • 5.9 The Client will notify BB immediately of any work related incidents, injuries or nonconformance issues affecting Tradies and, where required by State or Territory Legislation, the relevant Authorities.

 

6 Non-solicitation

  • The Client will not, during the course of this Agreement and for a period of 12 calendar months thereafter (either on its own account or for any other individual or organization), directly or indirectly induce, entice or solicit away or try to induce, entice or solicit away from BB any individual who is an employee, director or consultant of BB.

  • At no point, can the Client hire a Tradie or Inspector outside of the BB Agreement. The Client must not, without written approval from BB, offer to work with the Tradie or Inspector, whether directly or indirectly which is not part of BB Agreement. 

 

7 Definitions

  • The Following words are defined as follows:

  • “Agreement” means any agreed work that the Client has approved in writing via confirmation of a description of works or cost of work by BB.

  • “BB” means BizyBird.

  • “Business” means work performed by BB in relation to the agreement of work between BB and the Client including, but not limited to, BB receiving confirmation from the Client to proceed with hiring of a Tradie or/and BB receiving confirmation from the Client to proceed with an initial inspection.

  • “Client” means you or any person assisting you.

  • “GST” means GST within the meaning of the A New Tax System (Goods and Services Tax).

  • “Inspector” means an individual or business Introduced by BB who completes any type of inspections for the Client on behalf of BB.

  • “Placement” means BB assigning a Tradie or Inspector to a job approved by the Client.

  • “Service” means billable work to the Clients property made by the Inspector or Tradie via BB.

  • “Tradie” means an individual or business Introduced by BB who completes any type of work for the Client on behalf of BB.

 

8 Code of Conduct

  • Our primary focus is the Client.

  • Deliver competent services that aim to meet Client’s desired outcomes.

  • Maintain confidential treatment of all Client and Tradie information.

  • To undertake every project with enthusiasm.

  • To provide "quality only" Tradies for the Client.

  • Not discriminate against Client's or Tradies based on lifestyle, values, gender, ability culture, religion, spirituality, or sexual identity.

  • Communicating in a professional and respectful way that upholds Client confidentiality.

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