Contract with Enable360
By using Enable360, a business (Business or you) agrees to be bound by all these terms and conditions as varied, modified or updated by Enable360 from time to time (Terms) and which forms a contract between the Business and Enable360. If you do not agree to these Terms, you may not access or use the services provided by Enable360 (Services). These Terms expressly replace any prior understanding, agreement or arrangement with you.
A Digital Platform
Enable360 is a peer-to-peer digital platform that connects businesses directly with contractors (Contractors). Enable360 is a digital venue only and does not guarantee or accept any liability or responsibility for the quality or legality of Contractors procured by Businesses through the Enable360 platform service. Enable360 does not screen any Contractors on its platform (other than for ABN, TFN and RSA checks).
Contractors who solicit work through Enable360 do so as completely independent contractors. The Contractors are not employees or subcontractors of Enable360. They are not in any agency, partnership, joint venture or other similar relationship with Enable360.
Contractors are not agents of Enable360 and are entirely free to determine which contracts they bid for, accept or how and when they fulfil their contractual obligations with a Business in compliance with these Terms.
Enable360 is not an employment or a labour hire agency.
Enable360 reserves the right to ban any Business from its platform service at its sole discretion.
Eligibility to use the Services
All Businesses must have either a valid ACN or ABN to use Enable360.
Upon creation of a Business user account, the sole use of the account and its responsibility rests with the Business. The Business cannot transfer their account or allow anyone other than the authorised Business to engage in activities on the platform service.
Responsibility to take out and maintain Insurance
All Businesses must take out and maintain a current workers compensation policy that covers all workers within the designated business and also take out and maintain a current public liability policy both of which comply with all relevant laws and, if requested, provide certificates of currency. By using Enable360, a Business confirms that they have current policies for workers compensation and public liability that cover the Contractors (workers).
Responsibility to maintain Business user account credentials and password
A Business is solely responsible for the maintenance and confidentiality of all its credentials and passwords. Any misuse of a Business account is the sole responsibility of the Business and Enable360 accepts no liability arising from account misuse. If a Business suspects their account details have been compromised it must contact Enable360 immediately and/or reset their password using the Enable360 account resetting tool.
Responsibilities and Obligations of Businesses
Businesses agree and undertake:
to ensure that all information provided on this site by the Business is truthful, accurate and up to date and not false, misleading or deceptive.
to abide by all laws, statutes and regulations governing its activities in relation to the use of this platform.
to use the platform service only for legal and moral purposes.
to not engage in any threatening, harassing or libellous behaviour while using the platform.
to comply with all relevant legislation including trade practices, equal opportunity and occupational health and safety laws.
to not compromise the Enable360 platform in any way.
to abide by all relevant State and Federal laws including taxation and superannuation laws.
to ensure that any and all information and communication provided by them on the platform is not threatening, harassing obscene, immoral, defamatory, misleading, deceptive, false or infringes on any confidentiality or intellectual property rights.
to ensure that its actions on the platform will not result in malicious code, viruses or information that affects the platform performance or corrupts its intended function.
to ensure that any and all images that are upload to or linked from the platform are not obscene, inappropriate, illegal or irrelevant to the stated purpose of the platform.
to ensure that all content on the platform is the exclusive property of Enable360.
Limitations of Enable360 Liability
Enable360 will not be liable for any claim, injury, loss or damage as result of any activities conducted directly or indirectly via its platform service. All legal obligations and relevant laws, regulations and requirements must be met at all times by Businesses using the platform.
Businesses agree and undertake to indemnify Enable360 and its officers and directors against any:
legal action that may arise either directly or indirectly through their use of its platform;
legal violation or action which may arise from your activities on the platform;
claim or liability with respect to taxation as a result of their activities on the platform; and
damages, expenses or losses arising from a beach by them of the terms of this Agreement.
Offer and Acceptance Constitute a Contract
Once a business accepts the quotation from a contractor and awards the contract it forms a binding and legal agreement for services between the contractor and the business. This contract for service does not bind Enable360 for the fulfilment of those services in anyway. Enable360 is not party to the contract of service between the contractor and the business.
Payments for Contractor Services
Once the terms of a contract for services has been agreed by a Contractor and a Business, payment in full for the value of the contract (via credit card) must be made by the Business in advance to the Enable360 escrow service account. This account is managed on behalf of Enable360 by Promise Pay Pty Ltd (trading as Assembly Payments).
Upon completion of the contract, payment will be held for a further 36 hours before being released to the Contractor. Should a Business wish to dispute a payment before being released to a contractor it must do so within 24 hours of the gig completion.
No service fee will be charged by Enable360 for the provision of the platform service to Businesses. Some credit card or bank fees may be applicable depending on the relevant bank and/or the choice of payment method. A full list of fees is available here: https://www.stripe.com
Cancellation of Contract prior to Commencement
If a Business cancels an agreed contract before the commencement of the contract, a cancellation fee of $50 will be deducted from the escrow payment before the balance of the payment is returned to the Business.
$40 of this fee will be made payable to the Contractor (without any further deductions).
$10 of this fee will be levied and held by Enable360.
Cancellation of a Contract after Commencement
If a Business no longer requires a Contractor after commencement of the contract or part way through fulfilment of a contract, then payment for the contract will be made in full. However, should the Contractor fail to fulfil their obligations under the contract (e.g. fail to turn up) or depart prior to completion of the contract, the Business will lodge a payment suspension request and receive a full or partial refund. Suspension requests must be received by Enable360 within 24 hours of the gig completion.
Minimum Contract Value
The minimum value of any contract using the Enable360 platform service is $67.50 (exclusive of GST) over a minimum service period of 3 hours.
Should any provision of these Terms be held unenforceable or invalid for any reason then such Terms will be deemed modified to the extent that the remaining Terms become valid and enforceable.
All services provided by Enable360 in relation to its platform are provided ‘as is’ and without any warranty or guarantee of service. Enable360 makes no representation of warranty of any kind.
Goods and Services Tax (GST)
Any and all amounts specified within these terms and conditions do not include GST. Where GST is applicable and/or a Contractor has nominated that GST be added to the contract to a Business then GST will be included.
‘GST’ means the goods and services tax and further details can be obtained from this link to the ATO: https://www.ato.gov.au/Business/GST/
In some circumstances, Contractors may be eligible for superannuation payments from Businesses if they earn more than $450 in a month with the same Business. When this occurs, Enable360 will notify the Business of its superannuation liability and pass details of the Contractor’s nominated superannuation fund onto the Business and the Business agrees and undertakes to pay the superannuation liability. In the absence of a nominated superannuation fund, the payment must be made by the Business to the default superannuation fund of the Business. Enable360 will reimburse Businesses the amount of this superannuation liability to the nominated credit card provided by the Business shortly after the end of each quarter.
(1) If any dispute arises:
(a) in relation to the Terms; or
(b) in relation to the operation or construction of the Terms; or
(c) in connection with any transaction referenced in the Terms,
then the parties must comply with this clause.
(2) A party claiming that a dispute has arisen must give written notice to the other party setting out the nature of the dispute.
(3) The parties must endeavour in good faith to settle the dispute between themselves within 21 days of receipt of the dispute notice.
(4) If the Dispute is not settled, either party may refer the Dispute for determination by an independent arbitrator as agreed or failing that a person nominated by the President of the Western Australian Industrial Relations Commission.
(5) The procedures for determining the dispute are to be decided solely by the arbitrator in the arbitrator’s absolute discretion.
(6) The arbitrator must make a decision on the dispute as soon as practicable after receiving any submissions from the parties.
(7) The arbitrator must provide an explanation for the decision given.
(8) The arbitrator will be appointed as an expert and their decision is final and binding on the parties.
(9) The parties will share equally the Arbitrator’s costs and expenses in connection with the dispute.
(10) Nothing in this clause prevents a party from seeking urgent interlocutory injunctive relief before an appropriate court.
Governing Law and Jurisdiction
Australian law governs the Terms. The parties agree to submit to the non-exclusive jurisdiction of the Courts of Western Australia.