CONTRACT FOR PROVISION OF MYSTERY CUSTOMER SERVICES
– GENERAL CONDITIONS
BETWEEN MYSTERY CUSTOMER PTY LIMITED (i.e. The Principal) (A.B.N. 37 103 482 211)
AND You (i.e. The Contractor).
Preamble
A. The Parties have agreed to enter into a contract for the provision of Mystery Customer services by the Contractor to the Principal.
B. The Parties expressly disavow the existence of an employee - employer relationship.
C. The Contractor undertakes to keep the Principal's documentation and Trade Secrets confidential.
D. This Contract sets out the current general terms and conditions under which the Principal and Contractor relationship is based, how it may be changed and terminated.
Definitions
In this document, the following definitions shall apply -
The "Principal" is Mystery Customer Pty Ltd (A.B.N. 37 103 482 211).
The "Contractor" is the entity whose name appears above.
The "Parties" are the Principal and the Contractor and a "Party" is either the Principal or the Contractor.
"Confidential Information" means all confidential information, including trade secrets and confidential know-how, which the Contractor or its representatives become aware of in the course of this contract with the Principal. By its nature, Confidential Information is information not readily available outside of the Principal's business and for that reason is valuable to the Principal.
Whereas it is agreed as follows -
1 Nature of Relationship
The Parties expressly state that the nature of the relationship between the Principal and Contractor is not one of employer and employee.
2 Non-Exclusivity
The Parties expressly provide that there is no exclusivity of provision of services between the Parties. Except as may interfere with the undertaking by the Contractor to keep confidential the Principal's Documentation and Trade Secrets, either Party is free to enter into any arrangement with any other Party for the provision of the same, similar or different services to those provided by the Parties under these arrangements to each other.
3 Invoicing
3.1 The Contractor will provide a regular invoice as to its costs for any services provided to the Principal under these arrangements.
3.2 The Principal may require the Contractor to provide its invoice in a specified format.
4 Payments
4.1 The Contractor will provide the Principal with an ABN (where applicable) and full and correct Bank details to enable the Principal to pay the Contractor by direct credit into the Contractor's bank account.
4.2 Should the Contractor provide incorrect or incomplete details resulting in the Principal incurring additional expenses, then the Principal may offset those expenses against income earned by the Contractor.
5 Date of Operation, Variation and Termination
5.1 This contract will commence immediately.
5.2 The Principal may change these general terms and conditions at any time by supplying the Contractor with a copy of the changes and advance notice of the changes as they affect the Contractor.
5.3 This arrangement may be terminated at any time by written notice from one Party to the other.
6 Scale of Fees to Apply Between Parties
6.1 The schedule of fees to apply for work performed under this contract will be advised to the Contractor by the Principal at the time a job is offered to the Contractor, acceptance of which is evidenced by the Contractor performing the contracted services.
6.2 The Principal reserves the right to withhold payment to the Contractor where the work performed has not been completed in a timely manner, or is of an unacceptable or unusable standard.
7 Confidentiality
7.1 The Contractor must keep confidential all Confidential Information other than Confidential Information:
· that the Contractor is required to disclose in the course of the Contractor's duties; or
· that was public knowledge when this agreement was signed or became so at a later date (other than as a result of a breach of confidentiality by the Contractor); or
· that the Contractor is required by law to disclose.
7.2 Wilful breach of these provisions may render the Contractor liable to an action for breach of contract, in tort and / or breach of Copyright.
8 Liability for own insurance, superannuation, etc
8.1 Each Party agrees to be responsible for its own insurance, including without limitation Workers' Compensation, public liability, motor vehicle, personal and professional indemnity insurance. Neither Party will hold the other accountable for its own failure to take out adequate insurance.
8.2 Each Party will make its own superannuation contributions as required by the Superannuation Guarantee legislation or under any other obligation and will not hold the other accountable for any failure on its own part to make adequate or proper contributions.
9 Severability
This contract will not be rendered void due to failure of any single part or parts of it. Should a part or parts be determined to be unenforceable, then the remaining parts will as far as possible continue in operation as if the illegal or inoperative part or parts were severed from the contract.
10 Consideration
Consideration under this arrangement is evidenced by the undertaking of obligations by either Party in accordance with this agreement.
11 Drinking, Driving and Drugs
‘Drink driving’ and driving under the influence of illicit drugs or otherwise operating machinery whilst intoxicated constitutes an unacceptable risk to the community and is illegal. The Principal will immediately terminate the contract of any Contractor it reasonably believes is or was driving whilst under the influence of alcohol or drugs or in contravention of the law.
Testimonial 242
- I'd encourage anyone to join. I've done a few and it's fun. Try it. Nothing to lose.
- MG - Mystery Customer "shopper"
- QLD
Testimonial 215
- I just love being a part of the mystery customer shopper team. I am so happy and excited that my reports are very useful. You have put a huge smile on my face. I look forward to the many great assignments that are to come.
- AT - Mystery Customer "shopper"
- NSW
