Trade Terms & Conditions
As a Trade Client/ Contractor you are willing to engage Blissful Abode® as your sub-contractor. Blissful Abode® is happy to provide those services upon the terms and conditions as set out below.
By applying to join as Trade Client/ Contractor, you acknowledge and agree that you have read and understood, and agree to be bound by these Terms and Conditions and by any variations to them.
We can revise these Terms and Conditions at any time without having to notify you and you must comply with the revised Terms and Conditions on revision.
1.1 This arrangement is for any business willing to hire/work with Blissful Abode® on recurrent basis. Details as to the requirements for eligibility as a Blissful Abode® Trade Client/Contractor will be set out in the Trade Application Form.
1.2. HOW TO APPLY
1.2.2 You will need to provide the Required Information, at a minimum, on the Trade Application Form. Failure to provide the Required Information may result in refusal of your application.
1.2.3 We do not require you to pay any application or joining fee.
1.2.4 We will notify you in writing either by email as to whether your application has been approved or refused (which is at our discretion).
YOU WILL BE RESPONSIBLE FOR THE SAFEKEEPING, AUTHORISATION AND USE OF ALL THE TRANSACTIONS USING THESE ARRANGEMENT WHETHER BY YOU OR OTHERS. WE WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE YOU MAY INCUR OR SUFFER AS A RESULT OF THE USE OR MISUSE OF THIS ARRANGEMENT.
1.3. BENEFITS OF BEING A TRADE CLIENT/ CONTRACTOR
1.3.1 The Trade Client/ Contractor Exclusive Discounts will be determined by Blissful Abode® and may be varied from time to time.
2. THE ENGAGEMENT OF SERVICES
Blissful Abode® agrees to perform the services for the Trade Client/ Contractor, as agreed in writing (via email) between the two parties, for the Fees (as per clause 2), for the Term (as per clause 11).
Appropriate documents to gather required information shall be sent out once the job has been requested by the Trade Client/ Contractor. Please allow at least 7 days of turnaround time after sending out all the necessary and requested information.
Please note, site visit aren’t part of this service and would be charged separately depending on the location and complexity.
3. FEES AND INVOICING
3.1 The Trade Client/ Contractor will pay Blissful Abode® the Fees as set out below,
Fees for each individual job will depend on the project brief and requirements. There is no "one size fits all" pricing solution, so it is Trade Client/ Contractor responsibility to request appropriate quotation before carrying out or committing to any job. All amounts are EX-GST.
3.2 The Trade Client/ Contractor will reimburse Blissful Abode® for any pre-agreed out of pocket expenses for the Services.
3.3 The Fees payable to Blissful Abode® to perform the services may be adjusted from time to time as mutually agreed by both the parties in writing (including by email) on account of changes in relation to the nature of the services to be performed by Blissful Abode® pursuant to this arrangement.
3.4 In order to receive payment under this clause, Blissful Abode® must provide the Trade Client/ Contractor with a invoice that complies with any invoicing guidelines released by the Australian Taxation Office from time to time that includes Blissful Abode’s ABN, a description of the services and any receipts for pre-agreed out of pocket expenses. Once an invoice is issued, a full advance payment is required to be paid within 48 hours and before commencing the work. Additional fees applicable on services not included in the quotation.
3.5 All designs and documents issued by Blissful Abode® shall remain sole property of Blissful Abode® in accordance with Copyright Act 1968 and Designs Act 2003 and Blissful Abode® reserves all rights. Royalties apply on each copyrighted document/ work that needs to be reproduced, stored in retrieval system, or transmitted, in any form, or by any means (electronic, mechanical, photocopying, recording or otherwise) and requires a prior written permission of the author/ owner Vrushti Mehta of Blissful Abode®.
3.6 To avoid frequent royalty payments on a design, a complete design release shall be available on request for each individual design and shall be quoted separately.
4.1 Blissful Abode® is responsible for the payment of all taxes, fees, charges and other imposts that apply to it in performance of the services. The Trade Client/ Contractor is not liable to Blissful Abode® in this regard.
4.2 Blissful Abode® indemnifies the Trade Client/ Contractor against any taxes, fees, charges, excluding any income tax payable by the Trade Client/ Contractor.
5.1 Both the Parties are not entitled to the benefit of any accident, third party liability, public liability or indemnity policies of insurance or workers compensation policies that the other may hold.
5.2 Both Parties agrees to make its own arrangements to ensure adequate insurance coverage is effected and maintained throughout the Term of this arrangement and agrees to provide the each other with evidence of such arrangements, if requested.
6.1 None of the parties are entitled to any superannuation contributions from the other party with in this arrangement.
7. LOCATION AND FACILITIES
7.1 Blissful Abode® will be granted access to the Trade Client/ Contractor’s premises as necessary for the performance of the Services.
7.2 If the Services are to be performed outside Blissful Abode® premises, the Trade Client/ Contractor must ensure that the premises are safe working environments.
7.3 The Trade Client/ Contractor is responsible for providing all tools, equipment and any documents (such as site photos, measurements, etc.) required for performance of the Services, unless otherwise agreed by both Parties.
8. OUR OBLIGATIONS AND WARRANTIES
8.1 Blissful Abode® warrants and represents that throughout the Term:
(a) it is not liable for or warrants for any works executed by Trade Client/ Contractor or any third parties, neither shall be held responsible for any sort of contract/ arrangement between Trade Client/ Contractor and any third parties;
(b) it has legal capacity, power and authority to enter into this arrangement;
(c) it will comply with any reasonable directions given to it by the Trade Client/ Contractor from time to time;
(d) it will act lawfully and will comply with any applicable licenses, laws, regulations, industry codes of conduct, health and safety requirements and Australian standards in performing the Services;
(e) it is not aware of any actual or potential conflict of interest in it providing the Services (unless otherwise agreed in writing with the Trade Client/ Contractor);
(f) it will not infringe any third-party rights or violate any other agreement by performing the Services; and
(g) it has a valid ABN which has been advised to the Trade Client/ Contractor.
8.2 The Trade Client/ Contractor warrants and represents that throughout the Term:
(a) it has legal capacity, power and authority to enter into this arrangement;
(b) it will act lawfully and will comply with any applicable licenses, laws, regulations, industry codes of conduct, health and safety requirements and Australian standards in performing the Services;
(c) it will not infringe any third-party rights or violate any other agreement by performing the Services;
(d) it will comply with any reasonable requests given to it by the Blissful Abode® from time to time to enable Blissful Abode® to provide the Services; and
(e) it has complied with all applicable legislation, awards and industrial instruments in engaging or employing any persons who will work with Blissful Abode® on the Services.
In performing the Services, both the Parties agree to comply with the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or Privacy Guidelines.
If you would like to know how we handle personal information that we may collect from you in relation to your Trade Client/Contractor Application, please visit https://www.blissfulabode.com.au/privacy-policy-terms-conditions
10. WORKPLACE HEALTH AND SAFETY
10.1 The Parties (and its employees or agents) must comply with all applicable workplace health and safety laws and all safety instructions reasonably issued by the other Party from time to time.
11. TERM AND TERMINATION
From the date you apply to be Trade Client/ Contractor to the Termination Date
11.1.1 Termination by You
You can terminate your Trade Client/Contractor arrangement at any time by notifying Blissful Abode® in writing. All Trade Benefits available as at the termination date will be forfeited.
11.1.2 Termination by Blissful Abode®
Blissful Abode® reserves the right any time and in our absolute discretion to terminate the Trade arrangement and/or these Terms and Conditions. Neither Blissful Abode® or any of our team members accept any liability for loss or damage associated with the terminations or variations referred to in this clause 11
11.1.3 Automatic termination
The Arrangement will automatically terminate on the Termination Date, unless the Termination Date is changed by agreement in writing (including by email) between the Parties.
11.2 Termination for cancellation, suspension or insolvency: Either Party may terminate this arrangement by giving the other Party 5 Business Day’s written notice, if:
(a) the Trade Client/ Contractor no longer requires the Services; or
(b) Blissful Abode® is no longer willing/ able to provide the Services; or
(b) an order is made or a resolution passed for the relevant Party to be de-registered or wound up; a receiver, receiver and manager or an administrator is appointed to all or substantially all of the property of the relevant Party.
11.3 Termination for material breach: Subject to the dispute resolution procedures in this arrangement, either Party may at any time terminate this arrangement if in the reasonable opinion of one Party, the other Party (or one of its employees or agents) commits a material breach of this arrangement including but not limited to a breach of the warranties or the requirement to pay Fees and expenses.
11.4 Obligations on termination:
(a) Upon termination of this arrangement, Blissful Abode® will:
(i) immediately stop performing the Services;
(ii) immediately stop placing orders for supplies or services required in connection with the performance of the Services.
(b) Upon termination of this arrangement, the Trade Client/ Contractor will:
(i) immediately return to Blissful Abode® all property, including Confidential Information and Intellectual Property, in its possession that belongs to the Blissful Abode®; and
(ii) immediately pay Blissful Abode® the Fees for all Services completed, any pre-agreed out of pocket expenses incurred prior to termination, and any other amounts owing under the arrangement.
11.5 The accrued rights, obligations and remedies of the Parties are not affected by the termination of this arrangement.
12. LIABILITY AND INDEMNITY
12.1 The Trade Client/ Contractor is liable for and agrees to indemnify Blissful Abode® in respect of any claim, action, damage, loss, cost, charge, expense, penalty, fine or payment which Blissful Abode® suffers, incurs or is liable for as a result of:
(a) the manner in which the Services are performed, including but not limited to any act or omission in connection with the performance of the Services; and
(b) any breach by the Trade Client/ Contractor (or its employees, agents or subcontractors) of this arrangement or its obligations or warranties under this arrangement.
12.2 Blissful Abode® is liable for and agrees to indemnify the Trade Client/ Contractor in respect of any claim, action, damage, loss, cost, charge, expense, penalty, fine or payment which the Trade Client/ Contractor suffers, incurs or is liable for as a result of:
(a) the manner in which the Services are performed by Blissful Abode®, including but not limited to any act or omission by Blissful Abode® in connection with the performance of the Services; and
(b) any breach by Blissful Abode® of its obligations or warranties under this arrangement.
12.3 The obligations under this clause will survive termination of this arrangement.
13. COSTS AND EXPENSES
Each Party must pay its own costs and expenses (including legal costs and expenses) in relation to the negotiation, preparation and execution of this arrangement and any variation or replacement of this arrangement.
This arrangement may only be amended by written agreement executed by all the Parties.
(a) Form of notice
A notice or other communication must be in writing in English and delivered by e-mail provided by both parties in this arrangement;
(b) Receipt of notice
A notice or communication is taken as having been given if sent by e-mail, unless the e-mail is received after 5pm in the place of receipt, in which case it is taken as having been given at 9am on the next day that is not a Saturday, Sunday or bank or public holiday in the place of receipt.
16. FORCE MAJEURE
If performance of this arrangement or any obligation under this arrangement is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (Force Majeure), and if the Party unable to carry out its obligations gives the other Party prompt written notice of such event, then the obligations of the Party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders of acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
No part of the produced work within this arrangement may be reproduced, stored in retrieval system, or transmitted, in any form, or by any means (electronic, mechanical, photocopying, recording or otherwise) without the prior written permission of the author. A written permission shall be granted only when agreed royalties has been paid to the owner of the works. Vrushti Mehta of Blissful Abode® to be identified as the author and owner of the works produced has been asserted by her in accordance with Copyright Act 1968 and Designs Act 2003.
(a) Relationship: Blissful Abode® may describe themselves as a sub-contractor to the Trade Client/ Contractor, but must not describe itself in any way as an employee or agent of the the Trade Client/ Contractor. This arrangement is not intended to create a relationship between the Parties of partnership, joint venture, agency or employer-employee. Neither Party has authority to create, assume or otherwise enter into any agreement that imposes rights or obligations on the part of the other Party.
(b) Assignment: This arrangement is personal to the Parties. A Party must not assign or deal with the whole or any part of its rights or obligations under this arrangement without the prior written consent of the other Party (such consent not to be unreasonably withheld). Any purported dealing in breach of this clause is of no effect.
(c) Waiver or variation of rights: Any failure or delay by a Party in exercising a power or right (either wholly or partially) in relation to this arrangement does not operate as a waiver or prevent that Party from exercising that power or right or any other power or right. A Party is not liable to any other Party for any loss, cost or expense that may have been caused or contributed to by the failure, delay, waiver or exercise of a power or right.
(d) Powers, rights and remedies: Except as expressly stated to the contrary in this arrangement, the powers, rights and/or remedies of a Party under this arrangement are cumulative and are in addition to any other powers, rights and remedies of that Party. Nothing in this arrangement merges, extinguishes, postpones, lessens or otherwise prejudicially affects any power, right, or remedy that a Party may have at any time against the other Party to this arrangement or any other person.
(e) Consents and approvals: Where this arrangement provides that a Party may conditionally or unconditionally give or withhold any consent or approval in relation to any matter in this arrangement, that Party may in its absolute discretion, and without being obliged to give reasons for doing so, withhold any consent or approval or give consent or approval conditionally or unconditionally.
(f) Further assurance: Each Party must from time to time and in a timely manner do all things reasonably required of it by the other Party to give effect to this arrangement.
(g) Counterparts: This arrangement may be executed in any number of counterparts and, if so, the counterparts taken together will constitute one and the same arrangement. The date of this arrangement will be the date that it is executed by the last Party.
(h) Entire arrangement and understanding: In respect of the subject matter of this arrangement: this arrangement contains the entire understanding between the Parties; all previous oral and written communications, representations, warranties or commitments are superseded by this arrangement and do not affect the interpretation or meaning of this arrangement; and each of the Parties has relied entirely on its own enquiries before entering into this arrangement.
(i) Governing law and jurisdiction: This arrangement is governed by the laws of Victoria and the Commonwealth of Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria.
19. DEFINITIONS AND INTERPRETATION
In this arrangement:
Business Day means a day which is not a Saturday, Sunday or bank or public holiday in Victoria.
Confidential Information means any information about a Party, its operations, products and customers acquired by the other Party (or any of its employees or agents) whilst, or as a result of, performing the Services which is not in the public domain, other than as a result of breach of confidence.
Parties means the parties entering into this arrangement.
Services are set out in the Schedule.
Term is set out in the Schedule.
Termination Date is set out in the Schedule.
(a) words in the singular include the plural and vice versa;
(b) headings are for convenience and do not affect the interpretation of this arrangement;
(c) any gender includes the other gender;
(d) a reference to a clause, paragraph, schedule or annexure is a reference to a clause, paragraph, schedule or annexure, as the case may be, of this arrangement;
(e) if any act which must be done under this arrangement is to be done on a day that is not a Business Day then the act must be done on or by the next Business Day;
(f) a reference to any legislation includes subordinate legislation and all amendments, consolidations or replacements from time to time;
(g) if a word or phrase is defined in this arrangement then any other grammatical form of the word or phrase shall have a corresponding meaning;
(h) a reference to a natural person includes a body corporate, partnership, joint venture, association, government or statutory body or authority or other legal entity;
(i) “includes” and similar words mean includes without limitation;
(j) no clause of this arrangement shall be interpreted to the disadvantage of a Party merely because that Party drafted the clause or would otherwise benefit from it;
(k) a reference to a Party includes the Party’s legal personal representatives, successors, assigns and persons substituted by novation;
(l) a reference to this or any other agreement includes the arrangement, all schedules and annexures as novated, amended or replaced and despite any change in the identity of the parties;
(m) a reference to a covenant, obligation or agreement of two or more persons binds or benefits them jointly and severally;
(n) a reference to time is to local time in Victoria; and
(o) a reference to “$” or “dollars” refers to the currency of Australia from time to time.