Business Customer
Consulting WorX Pty Ltd
Business Customer Terms and Conditions
By registering as a Business Customer on this site and clicking on “I ACCEPT” You agree to be bound by these Terms and Conditions. These Terms and Conditions regulate Your access to the Site and Your use of the services offered by Consulting WorX.
If You do not accept these Terms and Conditions You are not eligible to register as a Business Customer on this site or use Consulting WorX’s services.
These Terms and Conditions are subject to change. Each time You log onto the Site You must ensure that You read and understand any changes to these Terms and Conditions.
1. Definitions
Business Customer means You or Your, an end user company or organisation seeking to procure the services of a Consultant via the Site.
Business Fee means the fee paid by You when registering a new Job Request through the Site.
Consultant means a self employed person registered as a Consultant on the site and available to tender for jobs placed by Business Customers.
Consulting WorX Matching Service Option means the service responsible for identifying criteria and matching Consultants with a new Job Request and sending notifications to the Consultant.
Consulting WorX Pty Ltd means the owner and registered proprietor of this Site. Consulting WorX is in the business of facilitating the provision of consultant services to Business Customers using a web based platform. Consulting WorX is independent of the any relationship formed between a Consultant and a Business Customer.
Job Fee means the total value of the fees paid by a Business Customer to a Consultant to complete a Job Request.
Job Request means a new job(s) listed on the Site by a Business Customer.
Noticeboard means a page on the Site listing all current or open Job Requests.
Notification means a Job Request notification sent by Consulting WorX Matching Service to a Consultant, whether by email and/or SMS.
Self Service Option means the independent listing of a service by a Business Customer on the Online Services page of the Site with no involvement from Consulting WorX.
Site means the website operated by Consulting WorX at www.consultingworx.com.au
Success Fee means the fee paid by the Consultant upon successfully securing a Job Request with a Business Customer.
2. Business Registration
2.1 You must register on the Site before You can use the services provided by Consulting WorX.
2.2 Your registration will be successful once you complete all of the requirements of the Site registration form including accepting these Terms and Conditions.
2.3 During the period of Your registration You are responsible for ensuring that Your details are current and accurate. If Your registration details are not current prospective Consultants may not be able to respond to Your Job Requests promptly.
2.4 Consulting WorX will not verify your details nor will it be responsible for updating any information relevant to you. You must ensure that your registration information is current at all times.
2.5 Your registration is non-transferable. You may only register one account with Consulting WorX. If multiple accounts are discovered they will be cancelled without notice. Accounts registered by “bots” or other automated methods are also prohibited.
2.6 Consulting WorX reserves the right, at its sole discretion, to reject Your registration. If the rejection is based solely on Consulting WorX’s discretion then any fee paid by You during the registration process will be refunded in full at the time Your registration is rejected by Consulting WorX.
3. Job Request
3.1 You can make a Job Request to Consulting WorX by completing an online form. During this process You can choose how to reach available Consultants:
3.1.1. Self-Service Option:
(i) if You choose this option, no fee is payable for listing Your Job Request;
(ii) Your Job Request is placed on the Noticeboard with the status as “open”;
(iii) Consultants are able to view the Job Request; and
(iv) Consultants apply directly to You based on the job selection criteria stated on the Job Request; or
(v) You contact registered Consultants based on their qualifications and experience criteria as listed on the Site.
3.1.2 Consulting WorX Matching Service Option:
(i) if You choose this option You will still be able to utilise the Self-Service Option, however, You will be charged a fee for the matching service;
(ii) when listing the Job Request online, Consulting WorX will ask You to identify particulars of experience or qualifications You require in a Consultant and the number of Consultants You wish to make your selection from;
(iii) Your Job Request will receive “open” status once You have paid the fee and all Consultants will be able to view and apply for the Job Request by sending their applications directly to Consulting WorX;
(iv) at the same time Consulting WorX will use Your selection criteria and match it against the Consultants registered on the Site. This matching process is solely based on how well You identify the qualifications and professional expertise You require of a Consultant;
(v) all Consultants whose profile matches your selection criteria will be sent a Notification within two business days. A Notification is only an announcement of a Job Request. It does not mean that Consulting WorX is recommending a Consultant or that the Consultant will be suitable to complete the Job Request. It is only a matching process based on Your selection criteria and the Consultant’s listed qualifications and experience;
(vi) the Notification will set out the timeframe within which a Consultant must contact Consulting WorX stating their availability;
(vii) each Consultant that makes contact within the given timeframe, up to Your maximum number, will be given the Job Request details and Your contact details;
(viii) once Your contact details have been provided to the Consultants, it is the Consultant’s responsibility to contact You and tender for the Job Request;
(ix) Consulting WorX is not responsible for Consultants who fail to make contact with You.
3.2 If You select and appoint a Consultant You must confirm the appointment to Consulting WorX by email and You must inform Consulting WorX the Job Fee You have agreed to pay.
3.3 If Consulting WorX does not hear from You within 2 weeks of a Job Request being listed on the Noticeboard, Consulting WorX will contact You to:
(i) confirm the appointment of a Consultant; and
(ii) confirm the agreed Job Fee.
3.4 If a Consultant has been appointed the Job Request status will be “closed” and removed from the Noticeboard.
3.5 If a suitable Consultant is not selected from Notifications sent after the first matching process then Consulting WorX will carry out a second round matching process targeting those Consultants who failed to contact You after the first Notification.
3.6 If after 2 weeks of a second Notification You are still unable to appoint a Consultant then Consulting WorX will inform You that no suitable Consultants are currently available. No further matching will be carried out. Your Job Request will remain as “open” on the Noticeboard.
3.7 The matching service fee is non-refundable.
3.8 The application and selection process for a Consultant is confidential between You and the Consultant. Consulting WorX has no input in the tendering of a Job Request, the selection process or any contractual arrangements You may enter into with a Consultant.
3.9 Consulting WorX does not guarantee that the selected Consultant will be capable of completing the Job request.
4. Fees, Charges and Payment
4.1 The fees and charges You pay to Consulting WorX will change from time to time. You will be notified of any fee changes at the time You register on this Site or when place a Job Request.
4.2 All fees quoted by Consulting WorX are exclusive of GST. If GST applies to a fee, You must also pay the GST component of that fee.
4.3 Matching Service Fee:
4.3.1 when You list a Job Request and opt for the Consulting WorX Matching Service You will be required to pay a matching service fee.
4.3.2 the matching service fee is refundable up to 30-days and allows for two sets of Notifications to be sent to registered Consultants on the Site matching Your selection criteria. After 30-days the fee is non-refundable. The second Notification will only be sent if the first Notification fails to realise an appointed Consultant.
4.3.3 Your Job request will not be placed on the Noticeboard until the matching service fee is received by Consulting WorX.
4.4 Appointing a Consultant on Restraint of Trade:
4.4.1 You acknowledge that all Consultants are contractually bound not to work on any independent jobs for You within 6 months of completing a Job Request.
4.4.2 if You contact a Consultant or a Consultant contacts You directly, within 6 months of that Consultant completing a Job Request for You via Consulting WorX, and such contact leads You to offer a job to the Consultant independent of Consulting WorX then You become liable to pay Consulting WorX an introduction fee of $1000.00, payable within 7 days of demand.
4.4.3 this is an essential provision of this Terms and Conditions and a breach of this clause will cause damage to Consulting WorX for which You will be liable to pay compensation as liquidated damages.
4.5 If any fee to be paid by You falls due and You fail to pay within 7 days, late payment fees of 5% of the amount due will apply.
4.6 Your registration may be suspended and your access to the Site limited until Your overdue fees are paid. Persistent failure to pay Your fees or where fees are delayed over a period, at the discretion of Consulting WorX, Your registration may be cancelled without notice to You.
4.7 Consulting WorX reserves the right to commence proceedings to recover any fees owed by You including the cost of recovery.
5. Your Obligations
5.1 Once You have appointed a Consultant to complete a Job Request:
5.1.1 You must interact professionally with the Consultant by providing the required information, scope of work and relevant equipment. You must attend all appointments You arrange with the Consultant and must not cancel or reschedule appointments without prior notification
5.1.2 You may wish to execute a contract setting out the scope of work, including without limitation, the role, responsibilities, performance criteria, milestones and timeframe You require of the Consultant including payment of the Job Fee.
5.1.3 where necessary, You will provide all reasonable equipment required to complete a Job Request. You will ensure that the equipment is of a standard reasonably acceptable and in line with industry standards.
5.1.4 You must pay the Consultant the Job Fee on completion of the Job Request.
5.1.5 You will owe contractual obligations to the Consultant who works on a Job Request for You and You are legally bound to fulfill those obligations.
6. Feedback
6.1 Consulting WorX requests You to submit feedback on each occasion You appoint a Consultant to complete a Job Request.
6.2 Consulting WorX will also request the Consultant who completes a Job Request to submit feedback on Your performance.
6.3 Any feedback received by Consulting WorX is not confidential and may be used for marketing, promotion, dispute resolution and testimonials or published on the Site.
6.4 All feedback submitted by You should be professional and should not contain defamatory or derogatory language.
6.5 Consulting WorX does not accept any liability for content or accuracy of feedback submitted by You and You agree to indemnify Consulting WorX for any claims, actions or proceedings that may be brought against Consulting WorX on the basis of the feedback You provide.
7. Your Acknowledgements
7.1 You acknowledge and agree that:
7.1.1 the role of Consulting WorX is as a facilitator only in providing the Site to showcase Job Requests and match Consultants to available Job Requests.
7.1.2 Consulting WorX is independent of all transactions that may occur between You and a Consultant;
7.1.3 Consulting WorX does not guarantee that You will be successful in selecting a Consultant using the Self Service Option or the Matching Service Option;
7.1.4 Consulting WorX does not guarantee that the Consultant You select will be able to complete the Job Request;
7.1.5 Consulting WorX has no knowledge of the level of a Consultant’s qualifications, competence or expertise except as indicated by the Consultant when registering on the Site;
7.1.6 Consulting WorX does not guarantee that a Consultant will have the necessary qualifications and experience as claimed by the Consultant;
7.1.7 Consulting WorX has no knowledge of the ability of a Consultant to carry out a Job Request;
7.1.8 Consulting WorX does not verify any information placed on the Site by You or a Consultant;
7.1.9 You are responsible for the accuracy of the information You provide to Consulting WorX;
7.1.10 You are responsible for the accuracy of the information You provide to a Consultant;
7.1.11 You are personally responsible for all Your dealings with a Consultant;
7.1.12 You are solely responsible for selecting a Consultant;
7.1.13 You are solely responsible for all arrangements and contracts You enter into with a Consultant including making payment for any work completed by a Consultant.
7.2 Consulting WorX reserves the right to edit or delete information placed on the Site by You if it considers the information defamatory or not useful for the purposes of the Site.
7.3 All information You provide to a Consultant or a Consultant provides to You is considered as confidential, unless the information is already in the public domain. You must use Your reasonable efforts to protect and keep the confidential information safe.
8. Your Warranties
8.1 You warrant that:
8.1.1 You will not submit inaccurate, false or misleading information to Consulting WorX or a Consultant;
8.1.2 You will not post any form of virus or other forms of malicious programs on the Site or on a Consultant’s website/intranet systems;
8.1.3 You will not submit false or inaccurate information regarding a Job Request;
8.1.4 You will not use the Site for any illegal activity or unsolicited contact with other registered users of the Site or Business Customers;
8.1.5 the information You have provided to gain registration on the Site is true and correct and will be updated by You as it changes;
8.1.6 at the reasonable request of Consulting WorX You will authenticate and verify Your details or a Job Request details;
8.1.7 You are under no legal impediment that may prevent You from paying the Job Fee to a Consultant for a Job Request successfully completed;
8.1.8 at the time of listing a Job Request You have a valid job available for completion;
8.1.9 once You have appointed a Consultant You will ensure that Your contractual obligations to the Consultant are met in full;
8.1.10 You will obtain and maintain current all required insurances to complete a Job Request and will abide by all relevant laws and regulations;
8.1.11 You will pay the Consultant the agreed Job Fee on completion of the work.
8.1.12 You will inform Consulting WorX of the total value of a Job Fee as agreed between You and the Consultant. This is an essential term of this agreement between You and Consulting WorX and a breach of this provision will lead to immediate termination of this Terms and Conditions and a claim for compensatory damages.
9. Restraint
9.1 You agree that You will not within a period of 6 months from the date of completion of a Job Request attempt to work with the relevant Consultant without the intervention of Consulting WorX.
9.2 If You offer work to a Consultant within the 6 month period and the Consultant accepts the work, You will immediately become liable to Consulting WorX for an introduction fee of $1000.00.
9.3 The geographical limit for this period of restraint is Australia.
10. Cancellation of Registration
10.1 You can cancel Your registration at any time by sending a written notification to Consulting WorX requesting Your registration be terminated.
10.2 Consulting WorX will cancel Your registration within 7 days of receiving a written notification from You.
10.3 Any fees owing by You become immediately due and payable. If on the date of cancellation of Your registration You have outstanding fees, these will be claimed as liquidated damages from You by serving a notice of demand on You, inclusive of the costs of serving the demand on You.
10.4 Cancellation will occur with the removal of Your profile from the Site. You will no longer have access to the Site except as a visitor.
10.5 Once Your registration with Consulting WorX is cancelled and You wish to list a Job Request with Consulting WorX again You will need to register as a new Business Customer.
11. Consulting WorX’s Disclaimer
11.1 Consulting WorX makes no representation and should not be considered to be a collaborator with You or a Consultant.
11.2 Consulting WorX is a facilitator only and has no contractual obligations to You or the Consultant. Consulting WorX’sonly purpose is to provide a platform to list Job Requests and for the Consultant and Business Customers to make contact.
11.3 Consulting WorX makes no representation regarding any individual, company, business or third party referred to or connected with the Site.
11.4 No provision of these Terms and Conditions should be deemed as constituting a partnership or agency relationship between Consulting WorX, You or a Consultant.
11.5 During the period of Your registration Consulting WorX will not:
11.5.1 check or verify the accuracy of the information You provide to the Site, or which is contained in a Job Request;
11.5.2 check or verify the accuracy of the information a Consultant provides to the Site or provides to You;
11.5.3 endorse or recommend any Consultant registered on the Site;
11.5.4 endorse or recommend a Business Customer to a Consultant;
11.5.5 confirm or verify the authenticity of a Job Request placed by You on the Site;
11.5.6 guarantee the ability of a Consultant to perform a Job Request;
11.5.7 confirm or verify Your ability to make payment towards a completed Job Request.
11.6 Consulting WorX is independent of any contractual obligations that may arise between You and a Consultant.
11.7 The Site may experience interruption and You may have access difficulties form time to time. Consulting WorX excludes all liability for the periods You are unable to access the Site.
12. Consulting WorX Intellectual Property
12.1 All information, data and materials used or appearing on the Site remain the sole and exclusive property of Consulting WorX at all times. Any misuse of the information from the Site will be considered an abuse of the Site privileges and may lead to termination of Your registration including enforcing Consulting WorX’s intellectual property rights in a court of law.
12.2 You hereby undertake to indemnify Consulting WorX against any and all liability for any and all copyright infringement or any breach of any other intellectual property right caused by You or Your failure to abide by these Terms and Conditions.
13. No Liability
13.1 Your use of the Site and the services Consulting WorX offers is of Your own free will. Consulting WorX owes no liability to You for any expense, damage or injury (including death) You may incur due to Your use of the Site and when You list a Job Request or appoint a Consultant to complete a Job Request.
13.2 Consulting WorX may provide links and pointers to third party websites which are not under the control of Consulting WorX. If You access any of these sites using the links or pointers then You agree that Consulting WorX is not responsible for the contents of any linked website.
13.3 Consulting WorX reserves the right to modify or discontinue any services currently offered on its Site without any notice or liability to You.
14. Indemnity
14.1 You agree to indemnify Consulting WorX, its directors, officers, employees and agents from all and any claims, actions, proceedings that may be threatened or commenced against each or all of them including any loss, or damage and reasonable legal fees arising out of Your use of the Site, placing a Job Request or appointing a Consultant from the Site to complete a Job Request.
14.2 This indemnity is a continuing indemnity and survives cancellation/termination of Your registration with Consulting WorX.
15. Dispute Resolution
15.1 You acknowledge that once You accept a Consultant to complete a Job Request, any dealings between You and the Consultant are Your own. Consulting WorX is not a party to the arrangements between You and the Consultant. In the event of a dispute between You and the Consultant, You must resolve the dispute between Yourselves.
15.2 You may notify Consulting WorX of the nature of the dispute, however, the resolution of the dispute remains solely between You and the Consultant.
15.3 If Consulting WorX is requested to mediate/resolve a dispute between You and a Consultant, all costs and expenses incurred by Consulting WorX assisting in this manner will be recoverable from You by Consulting WorX serving a tax invoice on You.
15.4 In the event Consulting WorX is or becomes a party to a dispute then the following procedure must be followed:
15.4.1 all parties to the dispute must meet in good faith, within 5 days, to discuss and resolve the dispute amicably;
15.4.2 if the dispute is not resolved through this good faith meeting then the parties must attend a mediation within 30 days to resolve the dispute;
15.4.3 costs of the mediation shall be shared equally by all parties and the decision of the mediator shall be final and binding on all parties.
15.4.4 if the dispute relates to a small claims matter then the parties may resort to the Small Claims Tribunal without the need for mediation, having first met in good faith to resolve the dispute.
15.4.5 Consulting WorX shall be entitled to recover all reasonable expenses incurred in resolving the dispute.
16. Termination
16.1 Consulting WorX may, at its sole discretion, issue a warning, temporarily suspend or terminate Your access to the Site if You breach any provisions of these Terms and Conditions, Site agreements and policies, if Consulting WorX is unable to verify or authenticate the information You have provided or Consulting WorX believes in its reasonable opinion that Your use of the Site may cause damage or legal liability for Consulting WorX.
16.2 Your registration with Consulting WorX will be terminated immediately if You or the Consultant provide misleading or false information regarding the Job Fee for completing a Job Request.
16.3 Immediately upon termination of Your registration status, You will no longer have access to the Site or any services Consulting WorX offers.
17. Jurisdiction
17.1 These Terms and Conditions are governed by the law of New South Wales and the courts of New South Wales have non-exclusive jurisdiction to hear matters arising thereform.
