Subcontractor Terms of Service
These terms apply whenever Jackfruit Home and Garden Pty Ltd engages a subcontractor to perform any part of a garden and landscaping project. This document does not require signature — see clause 1 for how it is accepted.
| We, us or our | Jackfruit Home and Garden Pty Ltd ABN 75 698 048 421, 25 Dear Place, Bellmere, QLD, 4510. Phone: 07 5221 3484. Email: hello@jackfruit.group |
|---|---|
| You or your | The subcontractor engaged by us to perform any part of a garden and landscaping project |
| Services | Any garden and landscaping works we engage you to perform on a project we manage, together with anything reasonably incidental to those works |
| Required Insurances | Public liability insurance of no less than $10,000,000 per claim, insurance covering your own tools and equipment, and any other insurance required by law in connection with your provision of the Services |
| Price / Payment Terms | As agreed per job or project between the parties. All amounts are exclusive of GST unless otherwise stated. Unless otherwise agreed in writing, we pay within 14 days of receipt of a compliant monthly invoice |
| Governing State | Queensland |
1. Acceptance of These Terms
Acceptance may be confirmed by reply email. Accepting a job or project allocation from us, commencing work on a project we have engaged you for, or invoicing us for Services performed, will also be treated as acceptance of these terms.
2. Independent Contractor Status
2.1 You are engaged as an independent contractor, not as an employee, worker, agent or partner of ours. Nothing in these terms creates an employment relationship.
2.2 You acknowledge that:
- (a) you are not entitled to employee benefits such as minimum wage, superannuation, paid leave or workers compensation from us;
- (b) you hold a valid ABN and, where required, are registered for GST, and are solely responsible for your own tax and superannuation obligations;
- (c) you provide and maintain your own tools, equipment and vehicle, and are responsible for your own insurance arrangements; and
- (d) you retain discretion over how you carry out the Services, provided the work meets the standard, specification and timeframe agreed for the project. You are free to decline any job and to perform work for other clients, provided this does not conflict with your obligations under these terms.
2.3 If a court, tribunal or authority determines that you are in fact an employee, the parties agree to promptly amend the arrangement to the minimum extent necessary to comply with that determination.
3. Insurances
3.1 You must hold and maintain the Required Insurances at all times while engaged to perform Services for us, and provide evidence of those insurances on request.
4. Job Allocation and Scheduling
4.1 Jobs and projects may be allocated to you through our platform or job management system, by email, or as otherwise agreed. You must accept and confirm each job or project allocated to you.
4.2 Any timeframe we provide is subject to matters reasonably outside our control, including weather, site conditions, material availability and access restrictions. No subcontractor may promise or represent a commencement or completion date on our behalf unless expressly confirmed by us.
5. Your Responsibilities
5.1 You agree (and agree to ensure your personnel) to:
- (a) perform the Services with due care, skill and diligence, and within the timeframes notified by us;
- (b) comply with all applicable laws, including work health and safety legislation, and hold all licences and permits required for your trade;
- (c) comply with our reasonable policies and procedures as notified to you; and
- (d) promptly notify us of anything that may affect your ability to complete assigned work on time, and of any client complaint or incident.
5.2 If we direct you to return to a job site and redo or rectify any aspect of the Services that is not to standard, you must do so promptly and at no additional cost to us or the client.
5.3 You must not further subcontract the Services to any third party without our prior written approval.
5.4 If any property damage occurs at or around a job site in the course of you performing the Services, you must promptly notify us, arrange and fund the repair or replacement at your own cost, and indemnify us against any resulting claim, loss or liability.
6. Materials and Coordination with Other Contractors
6.1 Where we organise and pay for the original supply of turf or another perishable or time-sensitive material and you have agreed to install or handle it, you accept responsibility for that material and for your own workmanship once your involvement is confirmed. If your failure to attend, delay, incorrect handling or defective work causes the material or completed work to require replacement or rectification, the resulting cost is your responsibility. Our responsibility is limited to the original material supply we expressly agreed to provide.
6.2 Where a project involves more than one contractor, you must take reasonable care not to damage work already completed by another contractor, and are responsible for the cost of repairing any such damage you cause.
7. Brand Standards and Representation
7.1 When performing the Services, you agree to represent our brand professionally. This includes presenting your vehicle and equipment to a professional standard, communicating courteously with clients, and not making statements or promises to clients on our behalf that we have not authorised.
7.2 You must not use or reproduce the Jackfruit Home and Garden name, brand or logo without our prior written approval, and must not represent yourself as our employee or agent beyond what we authorise in writing.
8. Client Ownership and Non-Solicitation
8.1 Clients introduced to you by us, and our existing clients (Our Clients), remain our clients. You must not, directly or indirectly, provide services of the same or similar nature to Our Clients other than through us.
8.2 During your engagement with us and for 6 months afterwards, you agree not to directly solicit or accept work from Our Clients other than through us, encourage Our Clients to reduce their engagement with us, or solicit our employees or contractors to leave our engagement.
8.3 This clause does not affect clients with whom you had an established relationship before we first engaged you.
9. Photography, Marketing and Social Media
9.1 We retain the exclusive right to photograph, film, publish, advertise and promote the entire completed project on our website, social media and other marketing channels, including where you performed only part of the project. You must not represent or promote any Services you perform for us as work carried out under your own business or brand, unless approval is granted in writing. Where you post, advertise or otherwise share images or video of a project you worked on, you must:
- (a) clearly and accurately represent only the specific work you performed, and not present or imply that you carried out the project as a whole; and
- (b) clearly credit Jackfruit Home and Garden, and any other contractor who performed a separate part of the project, as appropriate to the work shown.
9.2 Without our prior written approval, you must not publish anything that identifies or could reasonably identify a client's property, address or identity.
10. Price and Payment
10.1 Subject to you performing the Services in accordance with these terms and providing a compliant invoice, we will pay you the agreed Price in accordance with the Payment Terms.
10.2 We may set off or deduct from any monies payable to you any amounts payable by you to us.
10.3 Unless otherwise agreed in writing for a particular project, you must submit a compliant tax invoice by the last day of each calendar month, covering all Services performed that month. An invoice is compliant if it includes your ABN, GST registration details, a description of the Services performed, the Price for each job, and the GST payable.
11. Intellectual Property and Confidentiality
11.1 Any intellectual property developed or created in connection with a project vests in us. You grant us a non-exclusive, irrevocable, worldwide licence to use any materials you provide in connection with the Services.
11.2 You must keep confidential, and not use or disclose, any confidential information you receive from us in connection with your engagement, and must comply with the Australian Privacy Principles under the Privacy Act 1988 (Cth) when handling personal information in the course of the Services.
12. Liability and Indemnity
12.1 To the maximum extent permitted by law, you indemnify us against any loss, cost, liability or damage we suffer arising from a breach by you of clause 11, or a claim that our use of the Services infringes the rights of a third party.
12.2 A party's liability is reduced proportionately to the extent the relevant loss was caused or contributed to by the other party.
13. Work Health and Safety
13.1 You are responsible for your own health and safety and that of your personnel. You must wear appropriate protective equipment, conduct safety checks before commencing work, promptly report hazards, and comply with the Work Health and Safety Act 2011 (Qld) and any regulations made under it.
14. Term and Ending These Arrangements
14.1 These terms apply for as long as we engage you, whether for a single job or on an ongoing basis. Either party may end an ongoing engagement at any time by giving 30 days' written notice, or immediately if the other party breaches a material term or becomes insolvent.
14.2 When your engagement ends, you must stop performing the Services, return any of our property in your possession, and we will pay any amount properly owing for Services performed up to that date. Clauses 8, 9, 11 and 12 survive the end of your engagement.
15. General
15.1 These terms are governed by the laws of Queensland, and each party submits to the exclusive jurisdiction of the courts of Queensland.
15.2 If any provision of these terms is held void or unenforceable, it will be read down or severed without affecting the remaining provisions.
15.3 These terms, together with anything agreed in writing for a specific project, form the entire agreement between the parties, except that project-specific written terms apply to the extent they expressly differ from these terms.
15.4 We may update these terms from time to time by publishing a revised version on our website. Updated terms take effect from the date published, and accepting or continuing work after that date constitutes acceptance of the updated terms.
Jackfruit Home and Garden recommends seeking independent legal or business advice about these terms.