Terms and Conditions
Acceptance of Terms
- These Terms and Conditions form a legally binding agreement between you (“you”, “your”, the “User”, the “Poster” or the “Hirer”) and Spare Staff Pty Ltd (“Spare Staff”), whose registered company number is 622 675 058 (“we”, “us”, “our”, or the “Company”) which governs your use of this website (the “Website”) and our services.
- By clicking “I ACCEPT” or “I AGREE”, you register as a user of Spare Staff (“User”) and you enter a legally binding agreement with Spare Staff on the following terms. You warrant that you have full legal capacity to enter into this agreement. If you do not accept all the Terms and Conditions you must not use or access the Website.
- Spare Staff reserves the right to amend these Terms and Conditions from time to time without notice. You will be deemed to have read and accepted these Terms and Conditions, including any changes, each time you use the Site.
- Poster: the person listing via the Website and providing a Employee in order for the Hirer to hire the employee
- Employee: the person who is listed by the Poster and that the employee is hired by the Hirer under a Hiring Contract.
- Hirer: the person paying the Total Fee and hiring a Employee
- Listing: an advertisement or post on the Website offering an Employee for hire
- Hiring Contract: also called a Hiring or a Contract in short, is an Agreement between a Poster and a Hirer to utilise a Employee for a Total Fee.
- Total Fee: Consists of the aggregate of Hiring Fee and Spare Staff Service Fee
- Hiring Fee: The Listing price applied by a Poster for hiring a Employee
- Spare Staff Service Fee: Fee paid to Spare Staff which include Poster Service Fee and Hirer Service Fee.
- Payment Manager: Stripe (www.stripe.com) and PayPal (www.paypal.com)
- Purpose of site: Spare Staff makes available a platform or marketplace with related technology for Poster and Hirer to list, quote and arrange for hiring of employees (“Contract”). The Company is not a recruitment agent or employment broker. Spare Staff acts as an intermediary for members to transact and is not considered a party to any Hiring Contract between the Poster and the Hirer.
- We reserve the right to close your account or to remove or disable access to any Listing for any reason, including Listings that Spare Staff, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms.
- The laws of the State of New South Wales, Australia apply to these Terms and Conditions and the parties submit exclusively to the courts of that jurisdiction. Obligations of all Users
Obligations of all Users
- Registration with the Website requires the User to either log in via Facebook or supply your name, and email address and a password. Once registered, you will receive a User identification number, which together with your email address and password constitute the “Registration Details” of your User account.
- When you create a user account, we require you to verify your identity. You warrant that all identity documents you provide are complete, current and accurate. You undertake to notify us of any changes to these identity documents within 7 days (for example, changing your name or contact address).
- Each Listing by a Poster is an offer to enter a legally binding Contract with the Hirer. If the Hirer indicates through the website that the proposed terms of the Listing are accepted, the Poster will receive by email the hiring request, to which they must respond within 48 hours. In the absence of response, the request is considered rejected. If they accept the reservation, the Contract is confirmed and the Fee is taken from the Hirer. Specific Obligations of Posters
- To create a Listing, the Poster must describe the Employee, along with any conditions of employee they wish to lease, on the listing page of the Website. Such description may include text, graphics, pictures and other relevant content and should include details like name, location, qualification, TFN, relevant skills, availability, whether or not a deposit is required for hiring the employee. The Poster will also disclose to the Company the price he wishes to charge for hiring the employee (the “Spare Staff Hiring Fee”). All descriptions and information must be accurate, complete, up-to-date and truthful to the best of your knowledge and belief. In the event that the Employee becomes unavailable for any reason, you agree to remove or suspend the Listing as soon as reasonably practicable.
- You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the hiring of, or Hirer’s use of, a Employee in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Employee included in a Listing you post, including, but not limited to, employment laws and laws governing employment of contractors and (b) not conflict with the rights of third parties.
- The Poster can provide 3 types of employment for any Listing – a) Full Time, thus giving weekly full time employment of the Employee to the Hirer and b) Part Time, giving weekly part time employment of the Employee to the Hirer c) Casual, with options to hire the Employee provided upon giving notice to and being chaperoned by the Poster.
- Where Full Time, Part Time, Casual hiring Contract is agreed for the Hirer, the Hirer is responsible for all applicable laws of hiring the employee required by their local government.
- Posters agree to never insist, ask, or insinuate to a Hirer that he or she pay any or all of the Hiring Fees directly to Poster with a check, cash, or any payment method other than by payment through Spare Staff.
- In the event a Hirer fails to make full payment to Spare Staff required under this agreement, the Poster agrees to:
- Assign their rights as bailee to Spare Staff;
- Assist Spare Staff to the best of their ability by complying with any and all reasonable requests (such as, but not limited to: denying the Hirer access to hire the Employee, and providing any reasonable information as requested by Spare Staff). Should the Poster fail to comply with any reasonable request, this may (at the sole discretion of Spare Staff) be deemed sufficient to cancel the agreement and immediately cease all payments to the Poster. Specific Obligations of Hirers
- By entering into a Contract with a Poster you warrant and represent that you will only hire the Employee for legal employment as agreed in the Contract, you will not hire the Employee for any unlawful purposes.
- The Hirer undertakes to pay the Fee promptly, fully and in good faith and using the online Payment Manager upon confirmation of the Contract with the Poster.
- Payment to Spare Staff of less than the amount owed does not affect your obligation to pay the balance. Acceptance of this part-payment is not a waiver of any rights Spare Staff has under this agreement.
- Should you fail to pay the full amount due, or if any payment is dishonoured or cancelled, you acknowledge that Spare Staff incurs internal and external costs, and you agree to pay all costs in full.
- The Hirer will comply with the employment arrangements in the Contract or as otherwise agreed.
- Cease of hiring of Employee: At or before the end of the hiring period of the Contract or upon terminating the Contract in keeping with the terms of clauses 35 through 40, the Hirer must cease hiring the Employee completely.
- The Poster may refuse you or any other person hire their Employee (including after termination of your agreement) if:
- You haven’t complied with one or more of your obligations under this agreement; or
- You haven’t provided suitable identification to the Poster upon commencement of this agreement. Obligations of Spare Staff
Obligations of all Users
- Upon acceptance of a Contract between a Poster and a Hirer, Spare Staff will collect Total Fees from the Hirer. All financial transactions between the parties will be processed by a third-party electronic payment system (the “Payment Manager”) embedded in the Website. By using the Payment Manager, you also confirm that you have read and agree to the terms and conditions applying to that service.
- Total Fees consist of the aggregate of the Hiring Fees and Spare Staff Commission. The Total Fees will be calculated and collected by the Payment Manager. The Payment Manager will then initiate payment of Hiring Fees less the Poster Service Fee to the Poster 24 hours after the Contract start date.
- Spare Staff will collect from the Hirer the payment of Total Fees at the time of hiring confirmation.
Hiring Modifications, Cancellations & Termination of Lease
- Posters and Hirers are responsible for any modifications to a hiring that they make via the Spare Staff platform or direct Spare Staff customer service to make (“Hiring Modifications”), and agree to pay any additional Hiring Fees, Poster Fees or Hirer Fees and/or Taxes associated with such Hiring Modifications.
- Hirers can cancel a confirmed hiring at any time pursuant to the Listing’s cancellation policy, and Spare Staff Payment Manager will refund the amount of the Total Fees due to the Hirer in accordance with such cancellation policy. Unless extenuating circumstances exist, any portion of the Total Fees due to the Poster under the applicable cancellation policy will be remitted to the Poster by Spare Staff Payment Manager.
- If a Poster cancels a confirmed hiring, the Hirer will receive a full refund of the Total Fees for such hiring within a commercially reasonable time of the cancellation. In some instances, Spare Staff may allow the Hirer to apply the refund to a new hiring, in which case Spare Staff Payment Manager will credit the amount against the Hirer’s subsequent hiring at the Hirer’s direction. Further, Spare Staff may publish an automated review on the Listing cancelled by the Poster indicating that a hiring was cancelled. In addition, Spare Staff may (i) keep the calendar for the Listing unavailable or blocked for the dates of the cancelled hiring, and/or (ii) impose a cancellation fee, unless the Poster has a valid reason for cancelling the hiring pursuant to Spare Staff’s Extenuating Circumstances Policy or has legitimate concerns about the Hirer’s behavior.
- In certain circumstances, Spare Staff may decide, in its sole discretion, that it is necessary to cancel a confirmed hiring and make appropriate refund and payout decisions. This may be for reasons set forth in Spare Staff ‘s Extenuating Circumstances Policy or (i) where Spare Staff believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to Spare Staff, other Users, third parties or property, or (ii) for any of the reasons set out in these Terms.
- If a Hirer suffers an issue pursuant to the Hirer Refund Policy, Spare Staff may determine, in its sole discretion, to refund the Hirer part or all of the Total Fees in accordance with the Hirer Refund Policy
- If, as a Poster, your Hirer cancels a confirmed hiring or Spare Staff decides that it is necessary to cancel a confirmed hiring , and Spare Staff issues a refund to the Hirer in accordance with the Hirer Refund Policy, Extenuating Circumstances Policy, or other applicable cancellation policy, you agree that in the event you have already been paid, Spare Staff Payment Manager will be entitled to recover the amount of any such refund from you, including by subtracting such refund amount out from any future Payouts due to you.
Spare Staff Insurance
- The Poster, if representing a company, and the Hirer are responsible for the Employee and is expected to hold worker compensation insurance for the Employee that is hired by both parties. Spare Staff recommends that the Poster inform and confirm with their insurance provider the extension of their coverage under the terms of the Contract.
- The Website and all intellectual property belonging to or associated with the Company, including any trademark or trade name, logos and software, and all content on the Website (including, but without limitation, text, graphics, videos, music, sound, links, and software) is and remains at all times the property of the Company and/or is used under licence from its suppliers and is protected under international treaty provisions and worldwide copyright laws and you agree that you will not infringe any such rights in any way.
- Except as expressly permitted by these Terms and Conditions, you may not copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract or re-utilise any content in any way or on any medium (including other websites) without our prior written consent. Nor do we grant any express or implied right to you under any of our trademarks, copyrights or other proprietary rights.
- The Company’s logo and any other image on the Website which bears the Company’s name are trademarks of the Company. They may not be used without our prior written consent.
- All information and content uploaded or otherwise sent, by any means, by you to the Website or the Company or to other Users must not infringe any third party’s intellectual property or any other legal rights. You agree and warrant that you own or have permission from the owners to use any information or content you upload or send in the manner and for the purposes that you upload or send it.
- When you upload or send information or other content to or via the Website, you grant the Company a worldwide, royalty-free, sub-licensable, non-exclusive licence to reproduce, edit, transmit and publish the information or content for the purposes of these Terms and Conditions.
- All Users must treat all information available and otherwise provided through the Spare Staff Website as strictly confidential, and may only use that information for the purpose of organising the storage of goods through Spare Staff.
- Confidential Information expressly includes contact details of each User, address for storage of goods, and information about any goods in storage and does not include any information already in the public domain, or independently known to the User.
Limitations and Indemnity
- Spare Staff provides the Website and its Services on an ‘as is’ and ‘as available’ basis. All conditions, terms, representations and warranties that are not expressly stated in these terms and Conditions, whether oral or in writing or whether imposed by statute or operation of law or otherwise, including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded.
- The Company gives no warranties, conditions, guarantees or representations in relation to the Website or Services:
- as to the completeness or accuracy of any advice and information contained on or sent or received from the Website or any website to which it is linked;
- of any particular result or outcome of using the Website or Services, or that either will meet your requirements; or
- that the Website or Services, and content on the Website or the server that makes it available are error- or virus-free or free of other harmful components or that your use of the Site will be uninterrupted, timely, secure, or error-free.
- All Contracts between Users are carried out entirely at your own risk. The Company and its officers, directors, investors, contractors, agents and employees excludes to the fullest extent permitted by applicable law all liability for any claims, demands, damages, losses, costs and expenses, arising out of or in any way connected with any other arrangements that User(s) may have made in connection with this Website, or the User’s use of the Website. You rely on information provided by other Users at your own risk. The Company does not, control, inspect, endorse, approve or check the availability, condition or nature of advertised Employee or the accuracy, currency, truth or completeness of the information provided by Users of the Website and it is your responsibility to do this and to take any other necessary precautions before arranging or carrying out a Contract.
- You agree to indemnify the Company from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising directly or indirectly from your breach of any of your obligations under these Terms and Conditions.
- You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. Spare Staff cannot and does not offer Tax-related advice to any Users
Terms of electronic payment collection (Stripe and PayPal)
- Refer to Stripe terms of service on the Stripe website: https://stripe.com/au/terms
- Refer to PayPal terms of service on the PayPal website: https://www.paypal.com/ga/webapps/mpp/ua/useragreement-full