Candidate Terms and Conditions
These terms and conditions apply to the Agreement between us pursuant to which you agree to provide your services to White Glove Services International (WGS Corporation Pty Ltd ACN 635 313 334), ’ (“WGS”) clients. By registering as a candidate on WGS’s website you agree to be bound by these terms and conditions.
1. Candidate Obligations
1.1 You agree that all bookings must be made directly between you (the candidate) and WGS and that no bookings are to be made directly with a WGS client.
1.2 When registering your details on the WGS website you warrant to WGS that all information is truthful and up to date.
1.3 You accept that WGS carries out police checks, first aid and referee checks and you acknowledge that we cannot place you with a WGS client until these checks have been successfully completed.
1.4 You acknowledge that if a third party refers you to one of our clients you will refer this back to WGS. If you do not notify WGS about a third party referral, legal action will be taken for loss of income and WGS will immediately remove you from the WGS database.
1.5 You agree that the WGS’s client is responsible for paying your fee which will be paid in accordance with what you agree prior to accepting any position with the WGS client.
1.6 You understand that WGS takes workplace safety very seriously and you agree to report to us anything that is unsafe or endangers you.
1.7 You agree that any information obtained via working with a WGS client including but not limited to any correspondence, communication either verbal, written or via email is strictly on a confidential basis and you agree not to disclose any confidential information to third parties.
1.8 You agree to pay your own petrol and parking fees to and from your workplace within working hours unless negotiated with the WGS client prior to commencing your placement.
1.9 You agree to notify WGS immediately of an extension of employment after 12 months with your current placement.
1.10 WGS will not charge you a registration fee at any time during the provision of your services to WGS clients.
1.11 You acknowledge that either the WGS client or WGS will be your employer unless otherwise agreed. WGS does not support any full-time permanent staff working on an individual ABN or business number.
1.12 You agree that you must give a WGS client a minimum of 2 weeks’ notice before ending a placement if you have not completed your entire contract. You agree if you fail to provide a minimum of 2 weeks’ notice, a fee of $500 is payable to WGS for replacing the staff member at short notice. The only exception to this is if you have a personal emergency and cannot give sufficient notice.
1.13 You agree that as a candidate of WGS you are to uphold the elite services of WGS at all times.
1.14 If a WGS client is not paying our fees, WGS reserves the right to withhold you from attending work for that client until the amount has been paid in full. You agree to adhere to this procedure and act in WGS’s best interests while working for a WGS client.
2.1 You acknowledge that WGS is not responsible for payment of any fees and all fees will be paid directly by WGS’s clients.
3. Cancellation Policy
3.1 You agree and will not hold WGS responsible for any cancellation of placements by a WGS client.
3.2 If a WGS client cancels your employment before the start date, then we will use our best endeavours to find a replacement for you.
3.3 WGS reserves our rights to cancel your placement with a WGS client for any agreed services if a WGS client mistreats you, you are working in an unsafe environment or you are harmed in any way.
5.1 Each party agrees to treat as confidential any information, other than information already in the public domain, which comes into their possession as a result of or in the performance of this agreement, including but not limited to information that relates to the goods or services being provided by WGS, a WGS client or either party’s business or personal information.
5.2 This clause 5 will survive termination of these terms and conditions.
6. Limitation of Liability
6.1 Nothing in these terms and conditions will limit or exclude WGS's liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation; or
(c) breach of the terms implied by Competition and Consumer Act 2010 (Cth).
6.2 Subject to clause 6.1:
(a) WGS shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, whether or not such party has been advised of the possibility of such damage, for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods; or, loss of contract, or loss of use or, loss of corruption of data or information whether direct or indirect or, any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses arising under or in connection with your placement with WGS’s clients; and
6.3 Except as expressly set out in these terms and conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these terms and conditions.
6.4 This clause 6 will survive termination of these terms and conditions.
7. Dispute Resolution
7.1 The parties agree to use their best efforts to resolve any dispute that may arise under these terms and conditions through good faith negotiations. No party shall commence litigation unless it has first invited the other party to meet for the purpose of resolving the dispute on mutually acceptable terms.
7.2 Any dispute arising under these terms and conditions which cannot be settled by negotiation between the parties or their respective representatives will be referred to mediation. If the parties cannot agree on their choice of mediator a mediator will be appointed by the Law Society of NSW who will select a mediator for them.
In these terms and conditions, the following rules of interpretation apply:
headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these terms and conditions;
the singular includes the plural and vice-versa;
a reference to a "person" includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
the meaning of general words is not limited by specific examples introduced by "including", "for example", "in particular" or similar expressions.
WGS may provide any notification for the purposes of these terms and conditions by email.
You may not assign, transfer or sub-contract any of your rights or obligations under these terms and conditions without WGS's prior written consent.
WGS may assign, transfer or sub-contract any of its rights or obligations under these terms and conditions at any time without notice to you.
8.4 No waiver
Waiver of any power or right under these terms and conditions must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by WGS to act with respect to a breach by you or others does not waive WGS's right to act with respect to that breach or any subsequent or similar breaches.
The provisions of these terms and conditions are severable and, if any provision of these terms and conditions is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.
WGS reserves the right to amend these terms and conditions and any other policy in relation to its services at any time in its sole discretion and any such changes will unless otherwise noted, be effective immediately. Your continued usage of our services will mean you accept those amendments.
8.7 Governing law and jurisdiction
These terms and conditions will be governed in all respects by the laws of New South Wales. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and the courts of appeal from them.