Welcome to www.commtract.com. This website is a platform which facilitates the connection of consultants in the field of public relations (“Consultants”), with potential clients (“Clients”) that require public relations advice.
These Terms of Service outline the terms and conditions upon which we will provide you with the services described below (“Services”).
Accepting these Terms of Service Before we can provide you with the Services, you must accept these Terms of Service and agree to be bound by them. You can do this by ticking the box next to the words “I agree to the Terms of Service” when you register on our website.
In order to access the Services, you must set up an account on our website. You may do this by following the on-screen instructions on the registration section of the website.
You are solely responsible for maintaining the confidentiality and security of your account. You are also solely responsible for all activities on or through your account.
You must notify us immediately of any unauthorised use of your account. We will not be liable for any loss or damage arising in connection with any unauthorised use of your account.
We may disable, suspend or cancel your account if you fail to comply with your obligations under these Terms of Service.
The website enables Clients to list their personal information and post detailed descriptions of the services or deliverables that they require (“Project Descriptions”).
Once a Client has selected a Consultant it wishes to engage, unless otherwise agreed between the parties a contract is generated to govern the relationship between the Client and the Consultant (“Commtract”). The Commtract is solely between the Client and the Consultant. We are not a principal to the Commtract and you provide no services to us under that agreement or otherwise. The terms of the Commtract are included in these Terms of Service in Annex A.
In order to use the website as a Consultant you must register for an account and upload the information required on the account registration pages.
Commtract may reject any application to register or remove any Consultant from the website at any time.
All Consultants must be eligible to work in Australia legally.
The Consultant must provide the goods or services to the Client in accordance with the Commtract.
Clients and Consultants will use the website to communicate with each other to discuss potential projects and proposals, request work and engage Consultants on a consultancy basis, or as employees.
All Commtracts and billing information will be available for Clients and Consultants to view by logging into the website.
We reserve the right to change or withdraw the Services at any time. If we do so, we will post the details on our website.
You must use our website in accordance with these Terms of Service only for lawful purposes and in a way which does not infringe the rights of anyone or restrict or inhibit anyone’s use of our website.
You understand and agree that your use of our website (and access to the Services) is provided “as is” and “as available”. We do not represent or warrant that the operation of our website will be secure, confidential, uninterrupted, error-free, accurate, complete or current.
We update and carry out maintenance on our website regularly, so we may have to suspend access, service or functionality on our website from time to time, without notice. We will not be liable if, for any reason, our website is not available at any time or for any period of time.
Our website may contain links to third party sites and resources. We have no control over those sites, and will not be liable for any loss or damage you suffer or incur when you use a third party site or resource.
Fees and Charges
Where the Client engages the Consultant as:
an independent contractor we will charge the Client a fee of 12.5% of the amount the Consultant charges the Client.
a fixed term employee we will charge the Client a fee of 12.5% of the total salary package (inclusive of superannuation and bonus) of the Consultant for the period the Client employs the Consultant.
a permanent employee we will charge the Client a fee of 15% of the total salary package (inclusive of superannuation and bonus) of the Consultant’s first year of employment.
The Client agrees that it is liable to pay to us the relevant fee set out in clause 7.1 when it engages, including outside the Commtract platform, a Consultant that holds an account on our website and that the introduction has been facilitated through our platform. Liability under this clause arises regardless of anything else in these Terms of Service and continues while the Clients holds an account on the Website and for 12 months following closure of that account.
If the Client passes a Consultant’s details to a third party and within a 12 month period that party enters into any employment or contractor agreements with that Consultant, the Client will be liable to pay to us the relevant fee set out in clause 7.1.
If the Client procures the services of a Consultant on behalf of a third party using the Commtract platform the Client remains responsible, and is liable for the fees as set out in clause 7.1.
We will invoice fees due under clause 7.1(a) monthly in arrears, or as otherwise agreed in writing between the parties.
We will invoice fees due under clause 7.1(b) and 7.1(c) on commencement of the Consultant’s employment and after three months of employment, or the end of employment (whichever is the sooner), unless otherwise agreed in writing between the parties.
The Client will pay invoices within 7 days of receipt of the invoice.
Unless otherwise expressly stated, all fees, prices or other sums payable or consideration to be provided under these Terms of Service are exclusive of GST. If GST applies to a supply by any party under these Terms of Service, the consideration will be increased by an amount equal to the GST liability incurred by the party making the supply.
We own, or are the licensee of, the intellectual property rights in the content of our website, including text, photos, graphic designs and images.
The Client and the Consultant retain all the rights in and to the content that you submit or post on or through our website (unless otherwise stated in the Commtract).
It is the responsibility of the Client and the Consultant to retain copies of all content submitted or created on or through the website, including any Commtract.
By setting up an account on our website on our website:
you give us a perpetual, irrevocable, worldwide, royalty-free and non-exclusive licence to reproduce, publish, display and distribute your content in connection with our supply of the Services;
you consent to us disclosing your content and personal information with our suppliers; and
You consent to us using your personal information to send you information about products and services that we feel may be of interest to you. You can unsubscribe from receiving such communications at any time.
The Commtract will govern the ownership of all intellectual property rights that the Consultant creates for the Client.
Except where we are unable to exclude our liability by law, we will not be liable to you for any loss or damage, however it arises, whether in contract, statute of tort (including negligence), arising out of, or in connection with, your use of (including inability to use) our website and the Services, or any liability arising between the Consultant and the Client.
Our liability for breach of a statutory guarantee which cannot be excluded by law is limited, at our option, to either the supply of the services (or equivalent services) again or the payment of the cost of having the services supplied again.
To the extent permitted by law, we exclude liability for any loss of profit, loss or corruption of data, special, exemplary, punitive, incidental, indirect or consequential loss or damages suffered or incurred or arising in connection with our website, any services we have provided, or in connection with any act or omission by us (negligent or otherwise).
To the extent permitted by law, our aggregate liability in connection with these Terms of Service (including in relation to the supply of any goods or services or in relation to your account), whether based on warranty, contract, statute, tort (including negligence) or otherwise, will not exceed the fees and charges you have paid to us for the project to which the liability relates, or $100 if the liability doesn’t relate to any project.
The Client and Consultant agree that:
the Consultant is responsible for all superannuation payments or charges due under the Superannuation Guarantee (Administration) Act 1992 (Cth), arising out of the Commtract or otherwise; and
Commtract has no liability to the Consultant or Client, and the Consultant and/or Client are responsible (as the case may be) for:
any payment of superannuation under the Superannuation Guarantee (Administration) Act 1992 (Cth); and
any payment of payroll tax.
You indemnify Commtract against all claims, damages, liabilities, costs and expenses (including, without limitation attorneys’ fees and court costs) arising directly or indirectly from or in respect of:
payments made by Clients to Consultants, including without limitation, payroll tax, superannuation;
breaches by the Consultant of clause 9.5, where you are a Consultant, or any breaches of clause 10;
any act or omission (including negligent acts or omissions) of the Consultant in the performance or purported performance of any Consultation, where you are a Consultant;
any dishonest, inaccurate, incomplete, fraudulent, negligent, wrongful, unlawful, or criminal act or omission by you in connection with your use of the Services;
wilful misconduct or gross negligence of the Consultant in providing services to the Client, where you are the Consultant; or
your breach of these Terms of Service, including, without limitation, any use of the Services that violates third party rights or applicable law; or
any activity which you engage on or through the website
This clause 9 continues in effect after the termination of these Terms of Service.
Despite anything else in these Terms of Service, while the Client holds an account on our website, and for 12 months thereafter, the Client, its related bodies corporate and its respective directors, managers, officers, employees and agents must not employ or contract, or enter into any arrangement to procure services from, a Consultant other than through our website (unless otherwise agreed by us in writing).
The Consultant agrees that it will notify us immediately if it is approached by a Client other than through our website.
The Consultant and the Client agree that the restraint in this clause 10 is reasonable in its extent and is reasonably necessary to protect the goodwill and interests of Commtract.
Termination and suspension
We may disable, suspend or cancel your account and deny you access to our website and the Services with notice to you if you fail to remedy a breach of this agreement within 14 days of us providing you with a notice to do so.
You can cancel your account at any time with written notice to us if we fail to remedy a serious breach within a reasonable time of you providing us with a notice to do so.
When your account is closed or cancelled for any reason, you will no longer have access to the account. We strongly recommend that you make regular back-ups of any information or documents you store on your account.
The Client and the Consultant will resolve any complaints about either party between themselves, and we have no obligation to moderate any such complaints.
We reserve the right to change any or all of these Terms of Service, and/or add new terms and conditions at any time. When we do so, we will make a new copy of these Terms of Service available on our website. Your continued use of our website and/or the Services will be deemed to constitute your acceptance of such changes.
Notices required to be given under these Terms of Service may be sent by email, by post or in the case of notices we give you, by making the information available on our website.
These Terms of Service set out the entire agreement between you and us relating to the supply of the goods and/or services described on our website and supersedes all prior discussions and communications.
There is no relationship of employment, partnership, agency or fiduciaries between you and us.
If any term or provision of these Terms of Service are held by a court to be illegal, invalid or unenforceable under the applicable law, that term or provision will be severed from these Terms of Service and the remaining terms and conditions will be unaffected.
This agreement is governed by and construed under the laws of New South Wales, Australia and the courts of that jurisdiction will have exclusive jurisdiction over any dispute arising out of this agreement.
If you are interested in finding exciting work or posting a communications project then register with the platform. Once you have done that one of our team members will be in contact.