PartiStaff - Website Terms and Conditions of Use

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Terms and Conditions for Staff (Staff Terms)

The Staff Terms govern the relationship between you, the staff, and Partistaff Pty Ltd ACN 164378358 (PartiStaff). You must read the Staff Terms carefully before complete your registration and finish creating your account and contact PartiStaff if you have any questions. By creating an account you agree to be bound by the Organiser’s Terms.

1.      Role of PartiStaff

1.1      PartiStaff is a facilitator only. PartiStaff’s role is to assist you find a position with a suitable event organiser (Organiser).

1.2      PartiStaff does not employ you. Your agreement for the provision of services is with the Organiser.

2.      Your obligations

2.1      You must, at all times, answer all questions honestly, correctly and completely including when you create your account, register the details of your experience on the PartiStaff website and when you talk to potential organisers. 

2.2      You agree that any information you provide to PartiStaff when you create your account or register the details of an event can be used by PartiStaff in accordance with PartiStaff’s Privacy Policy at www.partistaff.com.au.

2.3      It is your responsibility to negotiate the terms of your engagement with the Organsier. You are also responsible for making your own inquiries of the Organiser relating to the event for which the Organiser needs staff, including checking the nature of the event and making sure that you are comfortable with providing services at the event and that you consider you have the necessary experience and qualifications to provide the services. PartiStaff does not conduct its own inquiry as to any of the information supplied by the Organiser when they register with PartiStaff or the details of any event listed and PartiStaff will not be responsible if you do not find the Organiser or the event suitable when you attend.

2.4      You must not agree to provide services at more than one event where the events are on at the same or overlapping times or where it is unreasonable for you to believe that you can provide your services at both events.

2.5      You understand that you may have certain legal obligations to the Organiser or third parties including tax obligations, responsible service of alcohol requirements and compliance with laws relating to working with children. These are your obligations and PartiStaff is not liable to you, the Organiser or any third party if you do not meet these obligations.

2.6      If the date of the event is changed once you have been engaged by the Organiser PartiStaff cannot guarantee a replacement job for that date. You will need to revisit the PartiStaff website to see whether there are any other events at which you can provide services.

2.7      You understand that you will not be able to apply for any jobs, or send any communication to any potential organiser if you have not paid any registration fees. Registration fee is $20.

2.8      You understand that you are required to pay a fee to PartiStaff as a portion of the fee you will receive from the organiser. The rates are as follows:

(a) Jobs where the payment is under $120 - You will be required to pay PartiStaff $5

(b) Jobs where the payment is between $120 and $199 - You will be required to pay PartiStaff $10

(c) Jobs where the payment is $200 or over - You will be required to pay 15% of the agreed fee.

2.9      You are required to pay a fees for cancellation or no show, as follows:

(a)  $20 fee for cancelling a job within 48 hours of the expected start time.

(b)  $50 to PartiStaff if you do not arrive to the agreed location without notifying the Organiser.

3.      Your agreement with the Organiser

3.1      Although PartiStaff is not a party to the agreement between you and the Organiser, we require that, as part of your agreement with PartiStaff, you must include at least the following terms into a written agreement (which can be done by exchange of emails), with the Organiser:

(a)  date of the event for which the you are hired;

(b)  the nature of the event;

(c)  the address at which the event will be held;

(d)  what time you must arrive at the venue and either the time at which you will finish or an approximate time;

(e)  the rate at which you will be paid which must be at least the amount referred to on the PartiStaff website;

(f)   how payment will be made and when;

(g)  what rights to payment you have if the event is cancelled or postponed by the Organiser; and

(h)  depending on the venue of the event, whether transport costs to and from the event or any other reasonable disbursements will be paid by the Organiser.

4.      Termination

4.1      PartiStaff may terminate this agreement immediately on giving you notice if you breach any term of this agreement. If PartiStaff terminates this agreement, PartiStaff will notify the Organiser who has contracted with you for an event of the termination who will then decide whether they will continue to hire you under the terms of the agreement you entered into with them.

5.      Liability 

5.1      Except as expressly set out in this agreement, and subject to any terms, guarantees, warranties or conditions that by law may not be excluded, all representations conditions, guarantees, warranties, terms and obligations implied by law or otherwise relating to the services provided by PartiStaff under this agreement are excluded.

5.2      To the extent permitted by law, PartiStaff will not be liable for any special, indirect or consequential loss or damage (including personal injury), loss of profit or opportunity arising out of or in connection with the services provided by PartiStaff, including as a result of not being able to obtain staff, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

5.3      To the maximum extent permitted by law, the aggregate liability of PartiStaff under or in relation to this agreement (including indemnities) arising out of all or any act, omission or event or series of related acts, omissions or events will not exceed the dollar value of the services provided by PartiStaff to you and which directly led to PartiStaff’s liability arising.

6.      General 

6.1      This agreement is governed by the laws of New South Wales and the parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales.

6.2      If part or all of any of the Staff Terms is illegal or unenforceable it will be severed from the Staff Terms and will not affect the continued operation of the remaining provisions of the Staff Terms.

6.3      This agreement can only be amended, supplemented or waived in writing signed, by both parties. The failure of either party to enforce, or the delay by either party in enforcing, any of its rights shall not be deemed a continuing waiver or a modification of this agreement.

6.4      This agreement contains the entire agreement of the parties with respect to its subject matter. 

 


 

Terms and Conditions for Persons Requesting Services (Organiser’s Terms)

The Organiser’s Terms govern the relationship between you, the person or persons requesting the staff services (Organiser), and PartiStaff Pty Ltd ACN 164378358 (PartiStaff). You must read the Organiser’s Terms carefully before you complete your registration and finish creating your account. Contact PartiStaff if you have any questions. By creating an account you agree to be bound by the Organiser’s Terms.

1.      Role of PartiStaff

1.1      PartiStaff is a facilitator only. PartiStaff’s role is to assist you find staff suitable to your requirements.

1.2      PartiStaff does not employ the staff. You will contract directly with the staff you choose to provide you with the relevant services.

2.      Your obligations

2.1      You must, at all times, answer all questions honestly, correctly and completely including when you create your account, register the details of any event you list on the PartiStaff website and when you talk to potential staff.

2.2      You agree that any information you provide to PartiStaff when you create your account or register the details of an event can be used by PartiStaff in accordance with PartiStaff’s Privacy Policy at www.partistaff.com.au.   

2.3      When you register an event with PartiStaff, you must pay the non-refundable deposit applicable as at the date of registration. This payment will be processed automatically on the credit card or other similar card whose details you supplied to PartiStaff at the time you created your account. The fee is not refundable even where the event is cancelled or postponed through no fault of yours.

2.4      It is your responsibility to negotiate the terms of your engagement with the staff you choose. You are also responsible for making your own inquiries of the staff, checking references and making sure you consider they are suitable for you. PartiStaff does not conduct its own inquiry as to any of the information supplied by staff when they register with PartiStaff and PartiStaff will not be responsible if you do not find the staff suitable or if they do not have the qualifications or experience as represented by the staff on the PartiStaff website.

2.5      You understand that you may have certain legal obligations to the staff or third parties including insurance, workers’ compensation, payment of award rates, tax obligations and compliance with laws relating to working with children. These are your obligations and PartiStaff is not liable to you, the staff or any third party if you do not meet these obligations.

2.6      If you change the date of your event once you have registered the details on the PartiStaff website, you will not need to pay another deposit. However, if you have already entered into a contract with staff, you may still be liable to pay them cancellation fees if they cannot attend on the new date or if they cannot find a replacement job for the scheduled night of the event.

2.7      You understand that PartiStaff will charge you, the organiser, the equivalent of the job amount listed on the platform, if you fail in your obligations to the booked staff. This means if the staff turn up to the address at the time you listed, and you are not available or ignore their calls and texts, you will be charged the entire amount of the job.

2.8      You understand PartiStaff may charge your credit card on file $30 per breach, should you contact staff outside of the PartiStaff platform. This includes offering contact details, contacting staff via facebook, instagram or other methods.

3.      Your agreement with staff

3.1      Although PartiStaff is not a party to the agreement between you and the staff, we require that, as part of your agreement with PartiStaff, you must include at least the following terms into a written agreement (which can be done by exchange of emails), with the staff:

(a)  date of the event for which the staff is hired;

(b)  the nature of the event;

(c)  the address at which the event will be held;

(d)  what time you want the staff to arrive at the venue and either the time at which they will finish or an approximate time;

(e)  the rate at which you will pay the staff which must be at least the amount referred to on the PartiStaff website;

(f)   how payment to the staff will be made and when;

(g)  what rights to payment the staff have if the event is cancelled or postponed; and

(h)  depending on the venue of the event, whether transport costs to and from the event or any other reasonable disbursements will be paid by you.

4.      Termination

4.1      PartiStaff may terminate this agreement immediately on giving you notice if you breach any term of this agreement. If PartiStaff terminates this agreement, PartiStaff will notify any staff who have been contracted by you for an event of the termination who will then decide whether they will continue to work for you under the terms of the agreement you entered into with them.

4.2      PartiStaff will not be liable to repay the non-refundable deposit if this agreement is terminated.

5.      Liability

5.1      Except as expressly set out in this agreement, and subject to any terms, guarantees, warranties or conditions that by law may not be excluded, all representations conditions, guarantees, warranties, terms and obligations implied by law or otherwise relating to the services provided by PartiStaff under this agreement are excluded.

5.2      To the extent permitted by law, PartiStaff will not be liable for any special, indirect or consequential loss or damage (including personal injury), loss of profit or opportunity arising out of or in connection with the services provided by PartiStaff, including as a result of not being able to obtain staff, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

5.3      To the maximum extent permitted by law, the aggregate liability of PartiStaff under or in relation to this agreement (including indemnities) arising out of all or any act, omission or event or series of related acts, omissions or events will not exceed the dollar value of the services provided by PartiStaff to you and which directly led to PartiStaff’s liability arising.

5.4      You agree to defend, indemnify and hold harmless PartiStaff, its subsidiaries, affiliates, licensors, employees, agents and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable legal fees) arising out of or related to any claims, including negligence, made by third parties against PartiStaff arising out of your use of PartiStaff’s facilitation services and the engagement of staff, your breach or alleged breach of the Organsier Terms or of any representation or warranty contained in the Organiser Terms.

6.      General

6.1      This agreement is governed by the laws of New South Wales and the parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales.

6.2      If part or all of any of the Organiser’s Terms is illegal or unenforceable it will be severed from the Organiser’s Terms and will not affect the continued operation of the remaining provisions of the Organiser’s Terms.

6.3      This agreement can only be amended, supplemented or waived in writing signed, by both parties. The failure of either party to enforce, or the delay by either party in enforcing, any of its rights shall not be deemed a continuing waiver or a modification of this agreement.

6.4      This agreement contains the entire agreement of the parties with respect to its subject matter.