As a User of the Site, you are also bound by the general terms and conditions of use (“Terms”), in addition to the contractor terms and conditions (“Conditions”) below. Defined terms have corresponding meanings in the Conditions as they do in the Terms, unless otherwise defined in these Conditions. For the purposes of these Conditions “Contractor” is also interchangeable with “you” and “your”.
The account/profile is the responsibility of the Contractor and you must maintain control of it. It must not be transferred to another person as your account and reviews reflect your skills and abilities.
All Contractors must be 18 years of age or older. Bizza reserves the right to request proof of age should this be necessary.
All Contractors must be legally entitled to work in Australia and perform the Services.
If the Enquirer has accepted your Offer (quote), you are obliged to complete the Enquiry.
Upon the creation of a Contract, the Contractor must pay Bizza the Fee.
All Fees and charges payable to Bizza are non-cancellable and non-refundable, subject to your rights under any Australian Consumer Law if applicable.
Bizza may set-off any Fees against any monies held by Bizza.
Bizza may restrict a Contractors account until all Fees have been paid.
If you do not pay monies owed by the date the payment is due, Bizza will notify you and request immediate payment. If you fail to pay the overdue amount within a reasonable time as set out in the notice, we may:
Charge You a late payment fee of $15.00
Suspend, cancel or limit your access to the Site.
Engage a debt collection agent to recover the money you owe us or institute legal proceedings against you to recover the money you owe us. You must reimburse us any reasonable costs that we incur in pursuing payment of amounts you owe us; and
On-sell any unpaid amounts to a third party. If we do this, any outstanding amounts will be payable to that third party. We will notify you within 30 business days that any unpaid amounts you owe us have been sold to a third party (or arrange for the purchaser to notify you of this).
You represent and warrant in relation to any material and/or information you provide to the Site that:
you are authorised to provide the material and/or information and service that you represent;
the material and/or information is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;
the material and/or information is not the “passing off” of any product or service and does not constitute unfair competition;
the material and/or information does not infringe any intellectual property right including, but not limited to, trademarks, service marks or business names (whether registered or unregistered), confidential information and copyright; and
the material and/or information does not infringe any legislation or regulations of the Commonwealth of Australia and each State therein including, but not limited to Australian Consumer Law and equivalent state and territory legislation and any other parliament competent to legislate in relation to the Site or any law in any country where the material and/or information is or will be available electronically to users of the Site.
Suspension and Termination of Business User Accounts
Contractors may have their access to the Site suspended for any length of time for any breach of the Terms and Conditions, as well as, but not limited to, any of the following reasons:
providing false or inaccurate information during business registration or when quoting on the website;
providing false or inaccurate information to Bizza employees or agents;
receiving in aggregate more than 2 negative feedback ratings or complaints from Users in relation to Contractor (2 strikes and you’re out policy);
if your account falls below a 3.8 star rating
submitting quotes via any means to any other person or entity for work that the business user is not qualified, or licenced to perform.
Bizza allows users of the website to rate and comment on the performance of Contractors whose business services they have either contracted, or have experienced in the course of evaluating the business user’s suitability for a job.
Bizza reserves the right to publish or not to publish those ratings and comments (feedback) on the Site at its absolute discretion.
Bizza reserves the right to delete or modify feedback submitted on the website at any time for any reason.
Bizza reserves the right to aggregate each Contractors feedback into a percentage score and publish that score on the Site.
In Australia and other countries, feedback may be considered defamatory of the reputation and standing of individuals and businesses. You acknowledge and agree that Bizza accepts no responsibility for liability, damage, injury or loss that may arise from feedback submitted to or published on the Site, and you, by these Terms and Conditions, release forever and indemnify Bizza from any liability it may incur arising out of (whether directly or indirectly) any feedback you post on the Site.
Further you agree that, if you or anyone else commences or threatens any action or proceeding against Bizza or makes any claim or demand against Bizza as a result of any feedback you submit to the Site, Bizza may in its absolute discretion, without any notice to you immediately cancel or suspend your membership of the website.
The Contractor acknowledges he or she is an independent contractor and Bizza does not maintain insurance in respect of accident or illness of the Franchisee and that the Franchisee is not subject to the provisions of any statutory workers’ compensation by Bizza.
The Contractor will obtain and maintain at its expense;
A minimum of $20 million public liability insurance cover;
extended third party insurance in respect of any motor vehicle used by the Contractor;
professional indemnity if the nature of the work conducted by the Contractor is such that professional indemnity insurance is required or if required by Bizza;
any other insurance that may be required by Law in the State or Territory in which the Contractor is operating.
In the event the Contractor does not have full, adequate and up to date insurance, then Bizza reserves the right to suspend or delete the Contractors account and profile and may permanently bar the Contractor from creating an account or profile.
The Contractor must provide a copy of its certificate of currency prior to entering into a Contract.
Either you or Bizza may terminate your account and these Conditions at any time for any reason.
Termination of these Conditions does not affect any Contract that has been formed between Bizza Users. If you have entered a Contract, you must comply with the terms of that Contract including providing the Services or making any payment as applicable.
Sections x4 (Fees), 13 (Limitation of Liability) and (indemnity) and any other terms which by their nature should continue to apply, will survive any termination or expiration of these Conditions.
If your account or these Terms are terminated for any reason then you may not without Bizza’s consent (in its absolute discretion) create any further accounts with Bizza and we may terminate any other accounts you operate.
Limitation of Liability
Subject only to terms implied or imposed by the Competition and Consumer Act 2010 or rights of action created thereunder which cannot be excluded or modified, Bizza shall not be responsible or liable for damage, injury or loss of any kind whatsoever, to any property or persons howsoever caused arising out of or in connection with the use of the Site or Services whether such loss arises directly or indirectly.
Bizza excludes all conditions and warranties that may be implied by law. To the extent permitted by law, Bizza’s liability for breach of any warranty or condition (implied or otherwise) which cannot be excluded is restricted, at Bizza’s option, to the re-supply of the relevant Bizza service or a refund.
Notwithstanding any other provision within these Terms and subject only to terms implied or imposed by the Competition and Consumer Act 2010, Bizza shall not be liable for any consequential, special, economic, incidental or indirect losses including, but not limited to, loss of production or production stoppage, loss of profit or anticipated profit, loss of revenue or other form of consideration, loss of income or anticipated savings, loss of use, loss of contract, loss of data, loss of goodwill or reputation, loss of opportunity, business interruption, holding over or overhead loss, loss of future business or for any punitive or exemplary damages whatsoever arising out of or in relation to these Terms.
The maximum liability of Bizza is equivalent to the total of any amounts you have paid to Bizza in respect of goods or services supplied to you by Bizza or $200 whichever is less.
These Conditions are governed by the laws of Victoria, Australia. You and Bizza submit to the exclusive jurisdiction of the courts of Victoria, Australia.
The provisions of these Conditions are severable, and if any provision of these Conditions are held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
These Conditions may be assigned or novated by Bizza to a third party without your consent. In the event of an assignment or novation User will remain bound by these Conditions.
These Conditions sets out the entire understanding and agreement between the Contract and Bizza with respect to its subject matter.
No agency, partnership, joint venture, employee-employer or other similar relationship is created by these Conditions. In particular you have no authority to bind Bizza, its related entities or affiliates in any way whatsoever. To the extent permitted by law, Bizza specifically disclaims all liability for any loss or damage incurred by you in any manner due to the performance or non-performance of the Contract.
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