(i) Partner Network
Independent Service Partner Terms
Independent Service Provider Agreement — version v1-draft
Plain-English summary
- Service Partners are independent businesses. They are not employees, agents or partners (in the legal sense) of Blue Water Pressure Washing Pty Ltd.
- Each Service Partner is responsible for its own quotes, customer contracts, workmanship, staff and subcontractors, equipment, safety, licences and registrations, insurance, tax and regulatory obligations.
- Blue Water facilitates introductions and opportunities. Blue Water does not perform or supervise work carried out by an independent Service Partner, unless Blue Water is separately contracted to perform that work itself.
- Each Service Partner remains responsible to its customers for the services it supplies.
- Nothing in these terms excludes, restricts or modifies any right, guarantee, remedy or liability that cannot lawfully be excluded under the Australian Consumer Law or other applicable law.
- To the extent permitted by law, each Service Partner indemnifies Blue Water against claims, loss or damage arising from that Service Partner's own work, conduct, omissions or breach of these terms, and Blue Water's liability is otherwise limited as set out in the full terms.
- Acceptance into the Partner Network does not guarantee any minimum number or value of opportunities, jobs or income.
- Access to opportunities may be subject to membership, per-lead fees, service category approval, geographic eligibility and other marketplace rules set by Blue Water from time to time.
1. Independent businesses
Service Partners are independent businesses. Nothing in this agreement creates an employment relationship, agency, joint venture or legal partnership between a Service Partner and Blue Water Pressure Washing Pty Ltd (Blue Water).
A Service Partner must not represent itself as an employee or agent of Blue Water, or hold itself out as authorised to bind Blue Water.
2. The Service Partner's responsibilities
Each Service Partner is responsible for its own quotes, pricing, customer contracts, workmanship and rectification, staff and subcontractors, plant and equipment, work health and safety obligations, licences and registrations, insurance, tax, superannuation and all other regulatory obligations relating to its business.
Each Service Partner must hold and maintain current public liability insurance appropriate to the services it supplies, and must provide evidence on request.
3. Blue Water's role
Blue Water facilitates introductions and opportunities between customers and independent Service Partners. Blue Water does not perform, direct or supervise work carried out by an independent Service Partner, unless Blue Water is separately contracted to perform that work itself.
The contract for the services supplied to a customer is between that customer and the Service Partner. Each Service Partner remains responsible to its customers for the services it supplies.
4. Consumer law
Nothing in this agreement excludes, restricts or modifies any right, guarantee, remedy or liability that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or any other applicable law.
5. Indemnity and limitation of liability
To the maximum extent permitted by law, each Service Partner indemnifies Blue Water against claims, liabilities, loss, damage, costs and expenses arising from that Service Partner's own work, conduct, omissions, or breach of this agreement or of any applicable law.
To the maximum extent permitted by law, and subject to clause 4, Blue Water's aggregate liability to a Service Partner in connection with this agreement is limited to the fees paid by that Service Partner to Blue Water in the twelve months before the relevant claim arose. Blue Water is not liable for indirect or consequential loss, or loss of profit or opportunity, to the extent that limitation is permitted by law.
6. No guarantee of volume or income
Acceptance into the Partner Network does not guarantee any minimum number or value of opportunities, jobs, revenue or income. Opportunity volume varies with customer demand, season, geography and service category.
7. Marketplace rules
Access to opportunities may be subject to membership, per-opportunity fees, service category approval, geographic eligibility, quality standards, response-time expectations and other marketplace rules set by Blue Water from time to time.
Approval is granted per service category and per region. Specialist trades — including line marking — are approved separately from pressure and exterior cleaning. Approval for one category does not grant approval for another.
8. Customer information and privacy
Customer contact details are released only after an opportunity is unlocked in accordance with the marketplace rules. Service Partners must use customer information only to quote and deliver the relevant services, and must handle it in accordance with the Privacy Act 1988 (Cth) and Blue Water's privacy policy.
9. Suspension and termination
Blue Water may suspend or remove a Service Partner from the network — including for lapsed insurance or licensing, substantiated customer complaints, unsafe work, or breach of these terms. A Service Partner may leave the network at any time by notifying Blue Water in writing.
10. Governing law
This agreement is governed by the laws of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of that State.
Questions about the Partner Network? Email bluewaterpressurewashing@outlook.com or return to the Service Partner page.