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Build and Manage Global HR Operations
Remote Office is an end-to-end remoteOps platform that helps you build and manage global remote teams. We provide you with access to top-vetted talents, handle compliance and HR issues, and offer strategic consultation and support to optimise your team’s performance and productivity.
Terms and Conditions
These are the Terms and Conditions referred to in the Commercial Proposal that are part of the Contract between the Client and Remote Office.
1. ROLES
  • Remote  Office  Australia  Pty  Ltd.  (ABN:  69  646  305  188)  owns  and  conducts  the international IT/ITES labour hire business known as Remote Office (RO).
  • RO introduces Contractors from overseas to do the Work required by the Client.
  • The  Client  agrees  that  it  does  not  engage  the  Contractors  directly  but  the  Client  is responsible for ensuring the Work is done in the manner the Client wants, and reporting the Contractor’s performance to RO.
  • The  Contractors  do  the  Work.  RO  does  not  do  the  Work  or  are  responsible  for  the work.
2. INTERPRETATION
  • Words used in the Commercial Proposal have the same meaning in these Terms and Conditions.
  • The following words have the corresponding meaning in these Terms and Conditions.
    1. Ancillary Services means the services offered by RO to the Client that are additional to the Labour Hire Service, to:
    • assist the Client in deciding which Contractor is best to do the Work such as relaying to the Client the Contractor’s relevant qualifications and experience, resumes, recorded interviews, work history and complaints;
    • provide an electronic platform to assist the Client to monitor the Contractor’s conducting of the Work and leave requested by the Contractor.
    1. Commercial Proposal means that document so titled, containing the Client’s instructions to RO in relation to Contractors that the Client wants and the basic parameters of the Work.
    2. Contract means the Commercial Proposal and these Terms and Conditions, only.
    3. Contractors means those contractors engaged and introduced to the Client by RO to do the Work. These contractors are non-residents of Australia for tax purposes and carry out their assigned Work entirely from locations outside of Australia.
    4. Directly Engage means to employ, contract directly or contract through any intermediary in any capacity.
    5. ITES means any of:
    • creating, developing, improving and maintaining computer programs, computer network programs and computer infrastructure, including coding for bespoke applications, creating e-commerce platforms, improving functionality of websites, games and apps;
    • assessing risks and designing and improving data security, such as disaster recovery and backup systems;
    • computer system changes such as upgrades and data migration;
    • design, content creation and technical support for digital marketing.
    1. Labour Hire Service means RO’s sourcing, introduction, and payment to, the Contractors to do the Work for the Term.
    2. Term means the span of time as noted in the Commercial Proposal or the time taken by the Contractors do the Work under the Contract, commencing from when the Contractor starts the Work until the Contract ends.
    3. Work is as noted in the Commercial Proposal but at all times is limited to ITES.
  • The Contract covers the entire agreement between the parties and no previous representation, undertaking or oral terms will form part of the Contract.
3. RO's SERVICES
  • The Client engages RO, and RO accepts the engagement by the Client, to provide the Labour Hire Services and Ancillary Services to the Client for the Term, subject to the Contract.
  • The Client acknowledges that the Labour Hire Services are for ITES only. The Client further acknowledges, in line with the definition of 'Contractors', that the Labour Hire Services will exclusively involve individuals who are non-residents of Australia for tax purposes, performing the Work from outside Australia.
4. ONBOARDING
  • After the Client executes the Contract, RO agrees to provide the Labour Hire Services with the intention that:
    • the Client provides the parameters of the Work to RO in the Commercial Proposal;
    • RO assesses which of the Contractors best fits the Client’s requirements for the Work and introduces those Contractors for the Client to choose;
    • after the Client chooses the Contractors, RO will then engage the chosen Contractors for the specific Work and introduce the Contractors to the Client;
    • the Work commences, the Ancillary Services commence and the Client’s obligation to pay the Fees commences.
  • If the Client terminates the Contract before the Client engages the Contractor, then the Client agrees to pay AUD $1200 to RO as a cancellation fee on RO’s demand.
  • The Client acknowledges the Roles at the head of these Terms and Conditions and specifically that RO does not do the Work, is not liable to the Client for the Work and does not have a direct legal obligation of employment with the Contractor.
  • If the Client no longer wants to use the relevant Contractor, then:
    (a) the Client agrees to notify RO that the Client wishes to end the Work with the relevant Contractor and that either:
    • the Client wants another Contractor in which event, and subject to the Client having paid all Fees to RO to that point, then RO and the Client agree to immediately repeat the process in clause 4.1, during which time RO agrees to only charge the Fees for the time that the Work is being performed by a Contractor; or
    • the Client terminates the Contract by written notice to RO whereupon the Client agrees to pay the Fees to the date of the written notice plus 4 weeks of Fees to RO which the Client agrees is a reasonable estimate of the actual losses to RO of termination of the Term and the Contract;
    (b) RO agrees to immediately finalise the relevant Contractor’s involvement in the Work.
    (c) the Client is solely responsible for recovery of the Client’s passwords, materials, files and data from the Contractor.
5. FEES
  • The Client agrees to pay the Fees to RO monthly in advance from the first day of the relevant month and where necessary for broken months, in advance for the number of days in the relevant month.
  • If the Client does not pay the Fees in accordance with the Contract, RO may in its discretion:
    • charge interest on the late Fees of 5% above the cash rate issued by the Australian Federal Reserve, calculated daily;
    • postpone the provision of the Work by the Contractor until the Fees are paid;
    • if the Fees are more than 30 days overdue, then register a PPSR security over the Client for the unpaid Fees and interest;
    • exercise a lien over any passwords and intellectual property of the Client that is held by RO or the Contractor until all Fees and interest are paid to RO.
  • The Client agrees to pay the Fees in the currency noted in the Commercial Proposal, to RO’s required bank account.
6. BUYOUT
  1. The Client agrees not to Directly Engage the Contractor.
  2. If the Client does Directly Engage the Contractor, then the Client agrees to pay RO 6 months’ Fees to buyout the engagement of the Contractor, which the client agrees is the reasonable estimate of the actual losses to RO for the loss of the Contractor to RO.
7. WORKING CONDITIONS
  • The Client acknowledges that the Contractor may not be exclusively available to the Client if the Client engages the Contractor for less than 8 hours per day.
  • The Client agrees to:
    • put the Contractor on a roster of reasonable predictability, keep to that roster and to notify that roster to RO;
    • engage the Contractor for shifts or daily periods of at least 4 hours but no morethan 8 hours;
    • allow the Contractor to take holidays when reasonable to do so.
  • The Client agrees to provide the Contractor with a safe workplace including to avoid and minimise overwork, stress, bullying or harassment to the Contractor.
8. CLIENT’S LIABILITY
  • The Client acknowledges and agrees that the Client is responsible for management of the Contractor’s work.
  • As the Client is managing the Work and RO is not managing the Work, the Client agrees that the Client has no rights to claim damages for any acts, errors or omissions of the part of the Contractor and that RO is not liable to the Client for any losses, damages, computer related damage, theft or any liabilities and expenses arising from or connected to the Contractor undertaking the Work.
  • RO agrees to give the Client a GST tax invoice for the Fees but the Client agrees to pay the Fees to RO in accordance with the Contract regardless of whether RO provides the tax invoice.
9. RO’S LIABILITY
  • The Client acknowledges that RO will not ensure that the Contractor has adequate computer network capability, hardware and software to do the Work.
  • While the Client has paid RO all amounts due under the Contract, RO indemnifies the Client against all losses, costs and expenses connected to, all payments and benefits due to the Contractor connected to provision of the Work, including:
    • wages, fees and costs, reimbursements and bonuses;
    • allowances and compliance with any industrial award or employment standards such as annual and personal leave.
10. CONFIDENTIALITY
  • Each party agrees with the other that all information that each party learns about the other is confidential, and must not be disclosed to anyone unless that information is in the public domain, save for information in the public domain only due to a party’s breach of this clause.
  • RO agrees to bind the Contractors to similar terms of confidentiality as a condition of providing services to RO and the Client.
  • The Client acknowledges that because RO is not vicariously liable for the acts and omissions of the Contractor under the Contract:
    • the Client engages RO to be able to use the Contractor to write and invent code and IT products and what the Contractor does with that knowledge and information cannot be controlled by RO, is not controlled by RO and any damages that flow to the Client are not insured by RO; and
    • the Client waives all rights against RO and contracts with RO on the basis of having no claim against RO for any damages or loss connected to any breach of confidentiality by the Contractor.
11. GENERAL
  • RO may unilaterally vary the terms and conditions of the Contract by written notice to the Client, at which time the amended terms and conditions and the terms and conditions of the Contract.
  • The Contract is governed by the laws of Queensland and each party submits to be non-exclusive jurisdiction of the courts having jurisdiction in Queensland.
  • Each party pays their own costs connected with the negotiation, preparation and execution of the Contract.
  • Each party agrees to sign any agreement or do any acts reasonably necessary to give effect to the Contract.
  • Any notice under the Contract can be validly given to a party by letter, email or text message to the person who has acted as representative of the party in the negotiation and performance of the Contract.
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