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Sub Contract Agreement with Upkeepers
This agreement sets out the general terms and conditions that apply between parties when contracting through Upkeepers.
1.0 Definitions
Agreement means this document together with any necessary additional requirements for the services to be carried out. If changes are made to the agreement the sub contractor must be notified in advance.
Booking Request
Confidential Information
Subcontractor refers to the entity in which is providing Upkeepers the required and agreed upon services.
2.0 Booking
2.1 Once Upkeepers has retrieved a quote, which may be in the form of hours and an hourly rate plus materials, or a job price, from the sub-contractor and are ready to book their service, Upkeepers must notify the sub-contractor of confirmation of services by either telephone, text message, other digital communication or email.
2.2 Upkeepers has no obligation to go ahead with use of services before confirmation is sent.
2.3 Upkeepers has absolute discretion to either approve or not to accept an offer from a subcontractor.
2.4 Upon acceptance of the Booking Request (clause 2.1), the subcontractor acknowledges and agrees that this agreement will come into effect between them and Upkeepers.
3.0 Obligations of Upkeepers
3.1 Upkeepers is required to provide the following information to sub-contractors:
3.2 If there are any changes to the documents listed in clause 3.1, such as expiration, changes or renewal, Upkeepers is obligated to advise the sub contractor:
And provide as requested by the sub contractor the relevant document.
3.3 Upkeepers acknowledges that they have full power and capacity to perform its obligations under the agreement.
4.0 Obligations of the Subcontractor
4.1 In accepting the Booking Request with a sub-contractor, the sub-contractor must:
4.2 If the Customer is not satisfied that the services provided to them were not completed to a reasonable standard, the subcontractor agrees that they will negotiate all concerns with Upkeepers and/or the Customer in good faith to achieve an agreement on rectifying the situation whether it be reduced payment or time.
4.3 The subcontractor is required to provide all equipment, work tools and other necessary items in order to carry out the agreed upon services. This is unless the Customer has specifically requested to provide their products or tools at the time of the booking.
4.4 If the subcontractor does not own or have access to the required cleaning products, work tools and other necessary items, they may choose to rent, borrow or purchase such materials & equipment from Upkeepers.
4.5 The subcontractor must not discuss payment rates directly with the customer, unless otherwise specifically agreed upon by Upkeepers, and are instead to refer them to Upkeepers.
4.6 As the subcontractor is providing services for Upkeepers, they must not promote their own business, to circumvent Upkeepers, or in any other capacity.
4.7 All interactions between the subcontractor and Upkeepers clients must remain professional. No disrespectful language is to be used. No disparaging remarks should be made about any party including the landlord, the real estate agent, Upkeepers and Upkeepers staff and subcontractors nor the tenant while working with Upkeepers. Breaches of this may result in reduced payment for services or payments voided.
4.8 The subcontractor agrees to complete the Upkeepers Job Completion Form, at the end of each job, before leaving the site. Failure to do so may result in delayed payments or void payments.
5.0 Confidential Information
5.1 Both parties to the agreement are only permitted to use confidential information in performing the requirements set out in this agreement, and otherwise keep this information confidential.
5.2 Unless compelled to do so by law, the parties will not, without prior written consent, disclose confidential information.
5.3 Both parties will take all reasonable steps necessary to ensure any agents do not disclose or make public any confidential information.
5.4 Both parties will take all reasonable steps necessary to ensure that when storing confidential information it is protected against loss, unauthorised access or misuse.
5.5 Where there has been a breach of the protection of confidential information, the party must be notified immediately.
5.6 In the event of such breach, the party must take all steps reasonably necessary to stop the breach.
6.0 Booking Changes and Cancellations
6.1 A client may cancel, change or amend a booking with Upkeepers up to 24 hours before the scheduled time.
7.0 Fees
7.1 The subcontractor is required to invoice Upkeepers, after the work has been completed and within one week of the required services being carried out.
7.2 Upkeepers will make payment to the subcontractor, after the customer has approved the completed work, confirmed payment or within thirty (30) days of receiving the invoice. Alternative payment agreements can be made each job or as an addendum to this contract if agreed to by all parties.
7.3 If equipment is hired out from Upkeepers to the subcontractor, the subcontractor agrees to pay a mutually agreed upon fee for the use of the equipment. Failure to return the equipment will result in a daily default rate of $25 per day.
8.0 Termination
8.1 Upkeepers may terminate the contract if any of the above terms are breached by the subcontracting party.
8.2 The subcontractor may terminate the contract if any of the above terms and breached by Upkeepers.
8.3 The agreement may be put aside with written consent of both parties.
8.4 Upon Termination all property owned by Upkeepers must be returned by the Subcontractor within 72 hours. Failure to do so will be considered theft of the property and subcontractor understands that they may be prosecuted.
If you agree with these terms & conditions and would like to become a subcontractor with Upkeepers please complete and submit the form below.
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