Terms and Conditions for Businesses
For Businesses providing a service
This Website is available to provide information about your product or service conditional on your acceptance without alteration of the terms and conditions set out below. By continuing to provide information about your product or service you are agreeing to the terms and conditions set out below.
1. Uploading information
a. You represent and warrant in relation to any material and/or information you provide to the Website that:
i. you are authorised to provide the material and/or information;
ii. the material and/or information is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;
iii. the material and/or information is not the “passing off” of any product or service and does not constitute unfair competition;
iv. 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
v. the material and/or information does not infringe any legislation or regulations of the Commonwealth of Australia and the State of New South Wales including, but not limited to, the Trade Practices Act 1974 (Cth) and the Fair Trading Act 1987 (NSW) and equivalent state and territory legislation and any other parliament competent to legislate in relation to the Website or any law in any country where the material and/or information is or will be available electronically to users of this Website.
2. Licence to use intellectual property
a. By uploading any material which is intellectual property including, but not limited to, copyrighted works, trademarks and service marks (the “intellectual property”) on to the Website, you are granting New First Class Services a perpetual, non-exclusive and payment-free licence throughout the world to:
i. Reproduce, use and exploit the intellectual property, as part of the Website, to the full extent permitted by intellectual property law in any jurisdiction in which the Website is available to users; and
ii. Allow New First Class Services to sub-licence others the same rights granted to New First Class Services in (i) above.
3. Quoting and winning Customers' jobs
a. You have read and understood the Fee Schedule stated in these Terms and you acknowledge and agree that:
i. You acknowledge and agree that any and all of the terms and conditions pertaining to the job and the quote constitute a contract between the Business and the Customer and does not involve or implicate New First Class Services in anyway.
ii. You acknowledge and agree that the lowest priced or best quote will not necessarily be the quote selected by the Customer.
iii. You acknowledge and agree that New First Class Services plays no role whether active or inactive in the method of selection by the Customer of the selected quote.
4. Removal of information
a. In relation to any material and/or information included on the Website, New First Class Services may remove any material and/or information, including but not limited to links to Businesses, at any time without giving any explanation or justification for removing the material and/or information.
5. Limit of liability
a. New First Class Services and its respective officers, employees and agents have no liability for any costs, losses or damages of any kind, which you may incur, arising whether directly or indirectly. This applies in relation to or in connection with any material and/or information supplied in respect of advertising or bidding for jobs on this Website; and as a consequence of removing any material and/or information from this Website.
b. The Business warrants that it will perform all services in accordance with legislative and industry standards and that they have taken out and will maintain any required insurances, approvals and licences as required by the state and federal laws of Australia.
a. You will at all times indemnify and keep indemnified New First Class Services and its respective officers, employees and agents (in this paragraph 6(a) referred to as “those indemnified”) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of, in connection with or in respect of any breach of this Agreement by you; and publication of or distribution of the material and/or information supplied by you.
7. Provision of Services
1. Membership and Premium Listing services will be provided once full payments have been received. Upon receiving payments from payee, payments will be subject to New First Class Services refund policy
8. Refund Policy
. You acknowledge and agree that as a term and condition of using the Website, any fees incurred in accordance with our Fee Schedule are non-refundable.
a. If you are unhappy with the service of New First Class Services and have outlined in detail the reasons for your grievance, New First Class Services will consider the application for a refund and in its absolute discretion will either:
i. deny the claim; or
ii. offer you a credit on your account; or
iii. refund your payment.
b. In any other case refunds will only be given at the absolute discretion of New First Class Services.
c. If we find your account is in poor standing or there has been abuse reported against your account, we may refuse any cash or credit refund.
d. If we grant you a refund of a cash or credit card payment, there will be a fee of 10% of the amount paid or A$20, whichever is greater.
9. Quote Returns
. A registered business has the opportunity to request a follow up only after 7 days of submitting a quote or within 2 months of the job request date.
a. New First Class Services has the right to investigate the matter to determine if the request qualifies for a quote return. The eligibility of a quote return is at the full discretion of New First Class Services and the decision will be final.
b. Approved quote returns will be credited to the business in the form of a quote. The returned quote will be added back into the business’ New First Class Services account. No payment of cash, cheque or credit will be provided with the exception of Private Leads.
10. Termination of access
. New First Class Services may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and New First Class Services has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.
i. with or without further notice to you; and
ii. without giving you any explanation or justification for such change.
12. Relevant jurisdiction
. If any part of this Agreement is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
a. This Agreement will be governed by and interpreted in accordance with the law of New South Wales, without giving effect to any principles of conflicts of laws.
b. You agree to the jurisdiction of the courts of New South Wales to determine any dispute arising out of this Agreement.
Code of Conduct
At New First Class Services, our aim is to create an open and honest marketplace for customers to hire the best businesses in their local community. We're also here to help you grow your business and win more work. The New First Class Services Code of Conduct has been written to maintain the integrity our marketplace for the benefit of all users – businesses and customers alike. As a business you should:
• Be courteous and friendly in all interactions with customers. I will not engage in any discriminatory or offensive behavior on New First Class Services or towards New First Class Services customers.
• Deliver excellent service and display professional workmanship at all times. I will only quote if I believe I am qualified for the job.
• Use your professional judgment to submit an accurate quote with the information available.
• Honour the price quote submitted to the customer unless there is a change in the size or scope of work.
• Turn up on time if you have made an appointment with the customer to inspect the job or complete the agreed work.
• Report any general website misuse or if you suspect an illegitimate customer account.