TERMS AND CONDITIONS OF TRADE
BETWEEN SUPERTRADIE AND ALL TRADESMAN

1. BACKGROUND

1.1	Upon payment by You to SuperTradie of the yearly subscription fee of $600 + GST, You agree to accept the following terms and conditions.
1.2	You acknowledge that SuperTradie has agreed to promote your services to potential Renovators for your particular area of expertise (the Services) subject to these general terms and conditions of trade together with any special terms and conditions which may be agreed to by SuperTradie in writing.
1.3	No further terms and conditions not included in these general terms and conditions of trade will be deemed to form part of these terms and conditions between You and SuperTradie unless those further terms and conditions are agreed to by SuperTradie in writing.

2. SERVICES PROVIDED BY SUPERTRADIE

2.1	In consideration of You paying SuperTradie the yearly subscription fee of $600 + GST, SuperTradie agrees to provide You access to Renovator's postings on their website for You to provide submissions to the Renovator.
2.2	SuperTradie will take into consideration the services requested by the Renovator and compare these with the services offered by You when posting the Renovator's advertisement and providing you with it.
2.3	You acknowledge that the decision by a Renovator to obtain a quote from You is entirely in the discretion of the Renovator and that the Renovator may only select 3 tradesman to quote on any particular job.
2.4	If You are engaged by a Renovator through the assistance of SuperTradie, it is then up to You to secure the Services through the initial contact You make with the Renovator. If the Renovator does not engage You following this initial contact, You agree that You have no right to seek any compensation whatsoever from SuperTradie.
2.5	You acknowledge and agree that SuperTradie makes no guarantee that You will be appointed at any stage to provide the Services to any prospective Renovator.

3. SERVICES PROVIDED BY YOU

3.1	You agree that if shortlisted by a Renovator You will provide a quote to the Renovator within a reasonable time.
3.2	If You are appointed by a Renovator pursuant to Clause 2.3, You agree to provide to all prospective Renovators the Services subject to the conditions set out in this clause 3.
3.3	The Services shall be provided by You in a proper and workmanlike manner and in compliance with any applicable standards required at law. You shall devote as much productive time, energy and ability to the performance of the Services as is necessary to perform the Services in a timely and productive manner.

4. WARRANTIES AND INDEMNITIES

4.1	You warrant that you hold all necessary licences required by law to perform the Services.
4.2	In the event that any of the foregoing warranties are broken by You, (which affect the quality of the service) You shall, upon request being made by SuperTradie resupply the Services to remedy such breach at no charge to the Renovator. Such remedy shall be without prejudice to any other right or remedy to which SuperTradie may be entitled, whether at law, in equity or otherwise.
4.3	Notwithstanding the foregoing, You shall indemnify and save SuperTradie harmless from and against any costs, damages, loss or liability of any kind (including legal costs and disbursements in defending or settling the claim giving rise to same) however suffered or incurred by You by virtue of the provision of the Services or any breach of this agreement by You. Such indemnity shall extend (without limiting the generality of the foregoing) to any costs, damages, loss or liability (including legal costs and disbursements in defending or settling the claim giving rise to the same) incurred by You by virtue of any injury or disability suffered by You, arising from the provision of the services through whatever legal theory (whether statutory, tortious or otherwise).
4.4	You represent that You are free to enter into these terms and conditions and that this engagement does not violate the terms of any agreement between You and any third party. Further, You, in rendering the Services shall not utilize any invention, discovery, development, improvement, innovation, or trade secret in which You do not have a proprietary interest. You expressly acknowledge and agree that You are free to perform any other services for other parties while performing the Services for the Renovator.

5. RELATIONSHIP OF PARTIES

5.1	You shall not have (and shall not represent that You have) any power, right or authority to bind SuperTradie, or to assume or create any obligation or responsibility, express or implied, on behalf of SuperTradie.
5.2	Nothing stated in this agreement shall be construed as constituting You and SuperTradie as partners, or as creating the relationship of employer and employee, master and servant or principal and agent between the parties hereto.
5.3	You are and will remain independent in Your relationship with SuperTradie. SuperTradie shall not be responsible for any payments to You following the provision of the Services.

6. ASSESSMENT OF TRADESMAN

6.1	You acknowledge that You may be assessed by the Renovator for the purposes of being recommended to future Renovators.
6.2	SuperTradie will only post recommendations by a Renovator upon verification of the completion of the work.
6.3	You acknowledge the recommendation by the Renovator is the opinion of the Renovator only and does not in any way represent the views of SuperTradie.

7. PAYMENT FOR GOODS & SERVICES PROVIDED BY YOU

7.1

You agree to accept payment directly from any Renovator for the Services provided by You. SuperTradie is not liable for any default of payments owing to you by any Renovator as a result of your subscription to SuperTradie.

8. RIGHTS OF TERMINATION

8.1

If SuperTradie receives notice: -

(a)	that You are not qualified to provide the Services (which you warrant that you can provide); or
(b)	that the Services you have provided to at least three Renovators is "defective work" (as defined in the Building Services Authority Act 1991 (Qld) which would warrant investigation by the Building Services Authority).
(c)	that You have been shortlisted by a Renovator and fail to contact the Renovator to provide a quote on at least 3 occasions SuperTradie may immediately terminate its agreement with You in their absolute discretion (acting reasonably).

8.1

You acknowledge and agree that You have no right to sue or claim any compensation whatsoever from SuperTradie if SuperTradie acts in accordance with clause 7.1.

9. GST

9.1

If the goods and services tax (GST) has application to any supply made under this contract, You will pay to SuperTradie the price of the goods or services supplied together with the amount payable for GST. SuperTradie will show the GST on its invoices in accordance with the requirements of the relevant taxation legislation.

10. CONFIDENTIALITY

10.1

You agree that during the course of your involvement with SuperTradie that You may become acquainted with or have access to Confidential Information.

10.2

You agree that both during and after the your involvement with SuperTradie that you will maintain the Confidential Information and prevent its unauthorised disclosure to or use by any other person, firm or company, unless or until authorised in writing to disclose any Confidential Information by an authorised officer of SuperTradie or any of its related bodies corporate.

10.3

You agree that You shall not:

(a)	use the Confidential Information for any purpose other than for the benefit of SuperTradie during or after the term;
(b)	remove the Confidential Information from the premises of SuperTradie without the written consent of SuperTradie;
(c)	for whatever reason, either for itself or any third party, appropriate, copy, memorise or in any manner reproduce any of the Confidential Information.

10.4

You agree to return any or all of Confidential Information howsoever embodied at the request of SuperTradie.

10.5

You agree that You shall not, both during or after the term for whatever reason, make improper use of the Confidential Information acquired by virtue of this agreement, to gain directly or indirectly, an advantage for itself or for any other person or to cause detriment to SuperTradie.

10.6

Nothing in this agreement shall impose an obligation on You with respect to maintaining confidence regarding information which is generally known or available by publication, commercial use or otherwise than as a result of a breach by You of its obligation in this section.

11. TITLE