Consultant
Consulting WorX Pty Ltd
Consultant Terms and Conditions
By registering as a Consultant 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 Consultant 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
Annual Membership Fee means the yearly fee paid by the Consultant to keep his/her registration current.
Business Customer means an end user company or organisation seeking to procure the services of a Consultant via the Site.
Consultant means You or Your, a self employed person registered as a Consultant on the site, available to tender for work required 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 registered Consultant and a registered Business Customer.
Introduction fee means the sum of $1000.00 (as amended from time to time) payable by a Business Customer for any work accepted by a Consultant without the intervention of Consulting WorX during the Restraint Period.
Job Fee means the total value of the fees paid by a Business Customer to a Consultant to complete a Job Request.
Job Request or New 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, open Job Requests.
Notification means a Job Request notification sent by Consulting WorX Matching Service to a Consultant, whether by electronic mail and/or SMS.
Restraint Period means a period of six months commencing from the date a Consultant completes a Job Request for a Business Customer.
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. Consultant Registration
2.1 You must register on the Site and pay the registration fee 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 updating this information. If Your registration details are not current You may not be able to receive new Job Request Notifications.
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 and accurate 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 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 A Business Customer will make a Job Request to Consulting WorX.
3.2 Consulting WorX will place the Job Request on the Noticeboard.
3.3 You can view, select and apply to all “Open” Job Requests unless the Business Customer has chosen a private application process when listing the Job Request. This means that the Business Customer has chosen to search the Consultant profiles directly and invite a selection of Consultants to apply for the Job Request with the Business Customer.
3.4 When a Business Customer chooses the Matching Service Option, Consulting WorX Matching Service will attempt to match registered Consultants against the criteria listed in the Job Request. The matching process is solely based on how well You identify Your qualifications and professional expertise when You register on the Site.
3.5 Each Consultant that is matched to a Job Request will be sent a Notification of the Job Request. The Notification will generally include a link to the Job Request details on the Site providing a full description and requirements of the Job. A Notification is in the nature of an announcement only. It does not mean that You will be successful in tendering for the Job Request nor does it mean that Consulting WorX is recommending the job to You.
3.6 Once You receive a Notification, it is Your responsibility to contact Consulting WorX. Consultants will be given the Business Customer’s contact details on a first in basis up to the maximum quota nominated by the Business Customer. Once the quota has been met no more contact details will be provided.
3.7 If You do not contact Consulting WorX You will have deemed to have refused the offer to tender for the Job Request.
3.8 Once You receive the contact details You must contact the Business Customer within the prescribed timeframe as outlined in the Notification. Other Consultants will also compete for the same Job Request and You must act promptly to ensure that Your interest is registered with the Business Customer as soon as possible.
3.9 Once You have tendered for a Job request You must interact professionally with the Business Customer by providing the required information and attending selection interviews. You must attend all appointments You arrange with the Business Customer and must not cancel or reschedule appointments without prior notification.
3.10 Your application for a Job Request will be confidential between You and the Business Customer and will be dependent on Your qualifications and expertise You provide to the Business Customer as part of a curriculum vitae, interview and other selection criteria acceptable to the Business Customer. Consulting WorX has no input in the tendering of a Job Request, the selection process or Your ability to secure a consultancy.
3.11 Consulting WorX does not guarantee that You will be successful in tendering for a Job Request.
3.12 If You are successful in securing a consultancy it is recommended that You and the Business Customer agree in writing Your scope of work, including without limitation, Your role, responsibilities, performance criteria, milestones, timeframe and payment of the Job Fee. Once You accept a Job Request You will have entered into contractual obligations with a Business Customer. A failure on Your part to fulfill Your contractual obligations may confer certain legal rights on a Business Customer. When entering into a contract with a Business Customer You should ensure that You obtain independent legal advice from a lawyer.
3.13 You may not decline a Job Request once You have accepted it. If You have exceptional circumstances which require You to decline an accepted Job Request You must do so as soon as possible in writing to both the Business Customer and to Consulting WorX. If You have not commenced work or accepted any payment Consulting WorX, at the discretion of the Business Customer, may be able to advertise the Job Request to other Consultants. Where You have commenced work or accepted payment then You must deal directly with the Business Customer as part of Your contractual obligations.
4. Fees 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 You renew Your registration.
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 Registration and Annual Fee:
4.3.1 When You register on this Site You will be required to pay a registration fee. Your registration will not be successful until the registration Fee is received by Consulting WorX.
4.3.2 The registration fee will also include Your first years’ Annual Membership Fee. The Annual Membership Fee is Your membership fee for use of the Site.
4.3.3 The Annual Membership Fee is payable on the anniversary of Your date of registration. Your registration will be current as long as You pay Your Annual Membership Fee each year and abide by the rules of the Site and these Terms and Conditions.
4.3.4 The 1st year annual membership fee paid by freelance consultants at the time of registration is refundable up to a period of 30days. After 30days the fee is non-refundable.
4.4 Success Fee:
4.4.1 When a Business Customer accepts Your application for a Job Request and that Job Request status becomes closed, You will be required to pay a Success Fee to Consulting WorX.
4.4.2 The Success Fee is payable within 7 days of the Business Customer accepting Your application and is based on the total Job Fee You receive from a Business Customer for the Job Request.
4.4.3 The Success Fee changes from time to time and the most recent Success Fee structure will be available on the Site.
4.4.4 The Success Fee is non-refundable.
4.4.5 If You withdraw from a job after being appointed or the Business Customer terminates your consultancy after 14 days of Your appointment, the Success Fee is non-refundable.
4.4.6 In some circumstances, solely at the discretion of Consulting WorX, Your Success Fee may be refunded if the Business Customer terminates Your appointment within 14 days of You commencing work. Consulting WorX will inquire into the reason for Your termination before exercising its discretion on the refund.
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 Consultancy
5.1 In carrying out Your consultancy You acknowledge and agree as follows:
5.1.1 You are responsible for the accuracy of the information You provide to Consulting WorX;
5.1.2 You are responsible for the accuracy of the information You provide to a Business Customer;
5.1.3 You are personally responsible for all Your dealings with a Business Customer including the tender for a Job Request, selection interviews, Your performance of the Business Customer’s instructions, Your interaction with the Business Customer’s employees, agents and staff and Your professional reputation and the Business Customer’s reputation;
5.1.4 Consulting WorX has no knowledge of the level of Your qualifications, competence or expertise except as indicated by You when registering on the Site;
5.1.5 Consulting WorX accepts no responsibility for You or the Business Customer for either Your acceptance of the Job Request or Your ability to perform the job You undertake to do.
5.2 You will provide all reasonable equipment required to complete a Job Request, unless equipment is provided by the Business Customer. You will ensure that the equipment You provide is of a standard reasonably acceptable and in line with industry standards. Where equipment is provided by a Business Customer You will protect and keep safe as You would Your equipment.
5.3 By tendering for and accepting a Job Request You owe contractual obligations to the Business Customer. You are legally bound to fulfill You obligations.
6. Code of Conduct During Your Consultancy
6.1 During the period You are registered as a Consultant and whilst You are completing a Job Request You agree that You will conduct Yourself in the following manner:
6.1.1 maintain a professional approach and work ethic at all times when engaging with Business Customers, prospective Business Customers and their employees;
6.1.2 be punctual, courteous and efficient at all times;
6.1.3 preserve Consulting WorXs’ reputation and brand image at all times;
6.1.4 take responsibility for resolving any issues with Business Customers until an amicable resolution can be achieved;
6.1.5 maintain professional integrity, aim for best practice methods, attend current training for Your area of expertise and maintain industry professional qualifications;
6.1.6 discuss ideas with Consulting WorX for ongoing business improvements;
6.1.7 be willing to provide feedback as requested by Consulting WorX or the Business Customer after completion of a Job Request;
6.1.8 be willing to discuss feedback received from a Business Customer;
6.1.9 where reasonably necessary, make available the Consulting WorX Code of Conduct to Your Business Customers.
7. Security and Confidentiality of Information
7.1 All information You provide to a Business Customer is confidential.
7.2 All information a Business Customer provides to You is confidential.
7.3 All information You access whilst completing a Job Request is confidential and may be protected by intellectual property rights.
7.4 You agree to keep all information confidential and maintain the information in a secure place whilst completing Your consultancy. You must also maintain high level security procedures when receiving, reviewing or sending information in electronic or paper form.
7.5 Misuse of confidential information could have serious legal consequences to You as a Consultant and Your ability to obtain any further work from Consulting WorX.
8. Feedback
8.1 Consulting WorX requests You to submit feedback on each occasion a Business Customer appoints You to complete a Job Request.
8.2 Consulting WorX will also request the Business Customer who appoints You to perform a Job Request to submit feedback on Your performance.
8.3 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.
8.4 All feedback submitted by You should be professional and should not contain defamatory or derogatory language.
8.5 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.
9. Your Warranties
9.1 You warrant that:
9.1.1 You will not submit inaccurate, false or misleading information to Consulting WorX or a Business Customer;
9.1.2 You will not post any form of virus or other forms of malicious programs on the Site or on a Business Customer’s website/intranet systems;
9.1.3 You will not use the Site for any illegal activity or unsolicited contact with other registered users of the Site or Business Customers;
9.1.4 the information You have provided to gain registration on the Site is true and correct and will be updated by You as it changes;
9.1.5 at the reasonable request of Consulting WorX You will authenticate and verify Your qualifications and experience listed by You on the Site;
9.1.6 You are under no legal duress or impediment that may prevent You from completing a Job Request and that You remain capable of applying for and accepting a Job Request;
9.1.7 at the time of accepting a Job Request You will be willing and able to complete the Job Request as scoped by the Business Customer;
9.1.8 You will complete the work as agreed between You and the Business Customer and ensure that Your contractual obligations to the Business Customer are met in full;
9.1.9 You will obtain and maintain current all required insurances to complete a Job Request and will abide by all relevant laws and regulations;
9.1.10 You will comply with the Consulting WorX Code of Conduct and will exercise due care, skill, diligence and professionalism when providing services to a Business Customer;
9.1.11 You will inform Consulting WorX of the total value of the Job Fee as agreed between the Business Customer and You. This is an essential term in 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.
9.1.12 You warrant that You will not charge or attempt to make the Business Customer pay the Success Fee.
10. Your Acknowledgements
10.1 You acknowledge and agree that:
10.1.1 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.
10.1.2 Consulting WorX is independent of all transactions that may occur between You and a Business Consultant;
10.1.3 Consulting WorX does not guarantee that You will be successful in tendering for any Job Request during the period of Your registration;
10.1.4 Consulting WorX does not guarantee that You will obtain any work through the Site;
10.1.5 Consulting WorX does not guarantee that You will be paid for any work You complete for a Business Customer;
10.1.6 Consulting WorX is not responsible for collecting payments on Your behalf from Business Customers for work completed by You;
10.1.7 You are solely responsible for all arrangements and contracts You enter into with a Business Customer including collecting payment for any work completed by You.
10.1.8 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.
11. Restraint of Trade
11.1 You agree that You will not within the Restraint Period attempt to obtain work with the relevant Business Customer without the intervention of Consulting WorX.
11.2 Where the Business Customer offers You work within the Restraint Period and You accept the work, you agree to promptly inform Consulting WorX of Your acceptance. On the date of Your acceptance of the offer to work the Business Customer immediately becomes liable to Consulting WorX for the Introduction Fee.
11.3 You agree that You will inform the Business Customer of this obligation to pay the Introduction Fee at the time You accept any work within the Restraint Period.
11.4 The geographical limit for the restraint is Australia.
12. Cancellation of Registration
12.1 You can cancel Your registration at any time by sending a written notification to Consulting WorX requesting Your registration be terminated.
12.2 Consulting WorX will cancel Your registration within 7 days of receiving a written notification from You.
12.3 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.
12.4 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.
12.5 After cancellation of Your registration with Consulting WorX You must not represent to anyone that You are registered as a Consultant with Consulting WorX.
12.6 Once Your registration with Consulting WorX is cancelled and You wish to work with Consulting WorX again You will need to register as a new Consultant.
13. Consulting WorX’s Disclaimer
13.1 Consulting WorX makes no representation and should not be considered to be a collaborator with You or a Business Customer.
13.2 Consulting WorX is a facilitator only and has no contractual obligations to You or the Business Customer. Its only purpose is to provide a platform to list Job Requests and for the Consultant and Business Customers to make contact.
13.3 No provision of these Terms and Conditions should be deemed as constituting a partnership or agency relationship between Consulting WorX, You or a Business Customer.
13.4 During the period of Your registration Consulting WorX will not:
13.4.1 check or verify the accuracy of the information You provide to the Site, list on Your registration form or provide to a Business Customer;
13.4.2 check or verify the accuracy of the information a Business Customer provides to the Site, or which is contained in a Job Request;
13.4.3 endorse or recommend any Consultant registered on the Site;
13.4.4 endorse or recommend any Business Customer to a Consultant;
13.4.5 confirm or verify Your capacity, qualification or competence to tender for or complete a Job Request other than to send a Notification to You.
13.5 Consulting WorX does not check or validate a Job Request before it is placed on the Noticeboard and does not owe any liability to You for a false or misleading Job Request.
13.6 Consulting WorX is independent of any contractual obligations that may arise between You and a Business Customer.
13.7 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.
14. Intellectual Property
14.1 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.
14.2 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.
15. No Liability
15.1 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 accept a Job Request.
15.2 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.
15.3 Consulting WorX reserves the right to modify or discontinue any services currently offered on its Site without any notice or liability to You.
16. Indemnity
16.1 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 and acceptance of any Job Request.
16.2 This indemnity is a continuing indemnity and survives cancellation/termination of Your registration with Consulting WorX.
17. Dispute Resolution
17.1 You acknowledge that from the time You apply to a Job Request, any dealings between You and the Business Customer are Your own. Consulting WorX is not a party to the arrangements between You and the Business Customer. In the event of a dispute between You and the Business Customer, You must resolve the dispute between Yourselves.
17.2 You may notify Consulting WorX of the nature of the dispute, however, the resolution of the dispute remains between You and the Business Customer.
17.3 If Consulting WorX is requested to mediate/resolve a dispute between You and the Business Customer, 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.
17.4 In the event Consulting WorX is or becomes a party to a dispute then the following procedure must be followed:
17.4.1 all parties to the dispute must meet in good faith, within 5 days, to discuss and resolve the dispute amicably;
17.4.2 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;
17.4.3 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.
17.4.4 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.
17.4.5 Consulting WorX shall be entitled to recover all reasonable expenses incurred in resolving the dispute.
18. Termination
18.1 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.
18.2 Your registration with Consulting WorX will be terminated immediately if You or the Business Customer provide misleading or false information regarding Your payment for completing a Job Request.
18.3 Immediately upon termination of Your registration status, You will no longer have access to the Site or any services Consulting WorX offers.
19. Jurisdiction
19.1 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.
