Terms

General Website Terms

  1. Acceptance of Terms

          1. This site is owned and operated by Just Link Group Pty Ltd ABN 13 610 115 681 trading as Just Link (we, us).

          2. By using the Site, by signing up to our mailing list, or by registering as a Supplier, you (you) agree to be bound by the following agreement (Terms of Use) between you and us.

          3. These Terms of Use incorporate our privacy policy, and govern your access to and use of this Site.

          4. If you do not agree to these Terms of Use, please exit this Site immediately.

  1. Term

      1. Commencement and Duration

        1. These Terms of Use are binding on you from the date that you register as a Supplier (your Registration Date) and continue until terminated in accordance with the provisions of these Terms of Use.

  1. Suppliers

      1. Registration process

        1. In order to become a Supplier:

          1. you can register online via the link sent to you by us; and

          2. subject to our acceptance of your online registration, we will place your Profile on the Site.

      2. Access

          1. Subject to these Terms of Use, from the Registration Date, we grant you a limited, non-exclusive, non-transferable licence to use the Site to set up your Profile to:

              1. promote your Supplier Services and find suitable work;

              2. bid for work by purchasing bid credits;

              3. enter into and manage contracts with other users;

          2. You may not transfer your Supplier account without our written permission.

      3. Premium Supplier Trial Period

          1. On completing the registration process set out in clause 3.1 we will provide you with a 30 day trial (Trial Period).

          1. During the Trial Period you will enjoy the level of functionality available to Premium Subscribers as set out in Annexure A.

          1. On expiry of the Trial Period, your right to use the Site will immediately be limited to the portions of the Site available to Basic Suppliers, however you may choose to become a Premium Supplier by paying the Subscription Fee under clause 4.

  1. Premium Suppliers

    1. This clause 4 applies to Premium Suppliers only.

      1. Becoming a Premium Supplier

          1. You can sign up as a Premium Supplier at any time by logging into your existing Supplier Profile and signing up as a Premium Supplier and selecting your preferred subscription level.

          2. At the time of signing up as a Premium Supplier (Subscription Date) you must pay the applicable Subscription Fee as set out in Annexure A..

          3. Subject to these Terms of Use, on payment of the Subscription Fee, and in addition to the provisions under clause 3.2, we grant you a limited, non-exclusive, non-transferable licence to use the Site for the Subscription Period to:

              1. for applicable levels of subscription, as set out in Annexure A, see bids made by Basic Suppliers and Premium Suppliers with a lower subscription level than yours;

              2. bid for work either using bid credits or by using the Success Fee model set out in clause 5.1; and

              3. use the leads received from us via either SMS or email in order to bid for work.

          4. In addition to the licence granted in 4.1(c), if your Premium Subscription is of an applicable level, as set out in Annexure A, you will be entitled to a featured listing on our business directory.

          5. You can change the level of your subscription at any time by logging into your Supplier Profile. However, changes in your subscription level will not affect prior bids.

      2. Subscription Fees

          1. The Subscription Fee is payable monthly in advance. We will debit your credit card for the Subscription Fee each Subscription Period, commencing from the date you pay the initial Subscription Fee.

          2. We reserve the right to review the Subscription Fee and give you Written Notice at least 30 days prior to the due date of your Subscription Fee of any changes to apply to the following Subscription Period.

          3. You undertake and warrant that all details you provide to us for the purpose of registering as a Premium Supplier will be correct, that the credit or debit card, or account or other payment method which you use is your own or that you are fully entitled to use that card, account, or other payment method, and that there are sufficient funds or credit facilities to cover the cost of the Subscription Fees. We reserve the right to obtain validation of your payment details before providing you with the licence under clause 4.1.

      3. Further payment provisions

          1. You are responsible for and must reimburse us for any transaction, processing, dishonour or charge-back fees issued by a financial institution or payment gateway in the course of making payment.

          2. All fees are in Australian dollars and are exclusive of GST. If any GST is imposed on a supply under this agreement, you must pay the GST amount with and in addition to the Fees. We will itemise any applicable GST on each tax invoice.

          3. If your payment is dishonoured or reversed for any reason we may suspend your Subscription until we receive full payment.

      4. Downgrading to Basic Supplier

          1. You may downgrade your Premium Supplier status to Basic Supplier at any time, for any reason, by

              1. logging into your Profile on the Site; or

              2. sending us an email to the Support Email,

otherwise this agreement will automatically renew for a further Subscription Period upon expiry of each Subscription Period.

          1. We may downgrade your Premium Supplier status to Basic Supplier at any time for any reason, by 5 Business Days’ Written Notice to you, and refund any unused portion of any Subscription Fees you may have paid.

          2. If your Premium Supplier status is downgraded to Basic Supplier for any reason then:

              1. your downgraded Subscription Level will commence from the date your Premium Supplier status is modified to Basic Supplier;

              2. any open bids made while as a Premium Supplier will continue to have the level of functionality applicable to Premium Suppliers;

              3. subject to clause 4.4(b) and 11.5, the Subscription Fee (in full or in part) will not be refunded;

              4. the licence and other benefits, granted under clause 4.1 are immediately revoked and your right to use any Intellectual Property belonging to us which is the subject of that licence automatically ceases;

              5. the entitlements provided to you under clause 4.1 are immediately revoked and your level of functionality will be in accordance with your new level of subscription, if any;

              6. any reviews you have posted will remain on the Site, and all links you have previously shared will remain live; and

              7. we reserve the right to delete any data associated with your Premium Supplier account.

      1. Upgrading your Account

          1. Your upgraded Subscription Level will commence from the new Subscription Date.

          2. You will enjoy the benefits of the upgraded Subscription level for the remainder of any existing Subscription Period plus the term of the Subscription Period for the new upgraded Subscription.

      2. Verified Businesses

          1. Premium Suppliers may become Verified Businesses by:

              1. providing us with the following documentation:

                  1. Certificate of Public Liability Insurance; and

                  2. Certificate of Registration of a Company or Business; and

              2. us notifying you by email of acceptance of the documentation. You will then be noted on the Site as a Verified Business.

          2. If any of your documentation expires, you will be required to provide us with updated documentation to maintain your Verified Business status.

  1. Bidding for Work

      1. Bidding Process

          1. You can bid for a piece of work posted by a Customer, by:

              1. using a bid credit at any time; or

              2. if you are a Premium Supplier, using the Success Fee procedure set out in clause 5.3.

          2. You will receive basic Customer information after you have made your bid. This information should be treated as confidential and is only to be used for the purposes of answering the Customer’s further queries via the Site.

          3. If your bid is accepted by the Customer, or by us, on behalf of the Customer.

          4. Acceptance of a bid will be communicated to you by email and/or SMS.

      2. Bid Credits

          1. You can purchase bid credits at any time, and the applicable Fees are set out in Annexure A.

          2. If you purchase a Subscription, your subscription will also include the quantity of bid credits which applies to the level of your subscription.

          3. All bid credits will expire 6 months after those bid credits are granted or purchased.

      3. Success Fees

          1. Premium Suppliers may bid for work by using either bid credits or by opting to pay a Success Fee. If the Premium Supplier makes a bid without using bid credits and wins a piece of work, the Premium Supplier must pay a Success Fee.

          2. The Success Fee structure is set out in Annexure A.

          3. A Success Fee is payable immediately upon the Customer accepting your bid or upon acceptance of the bid by us on behalf of the Customer.

  1. Customers

      1. Contracts with Customers

          1. You acknowledge and agree that:

              1. you are contracting directly with each Customer who engages you to provide services. We are not party to the transaction itself;

              2. we do not accept any Liability in relation to your dealings with the Customer; and

              3. we will not be involved with any dispute which arises between yourself and the Customer.

          2. You must provide the Supplier Services to a Customer:

              1. in good faith;

              2. to a professional standard; and

              3. in a timely manner.

          3. You are responsible for collecting payment for Supplier Services directly from Customers, as we do not collect payment on your behalf.

      2. Customer reviews

          1. A Customer may review services undertaken by you and such reviews will be displayed on the Site.

          2. You will not have the ability to reply to a review.

          3. We do not moderate reviews, but we reserve the right to monitor reviews and refuse publication of any review in our sole discretion.

          4. If a Supplier receives adverse reviews, we may, at our sole discretion, suspend your access to the Site in accordance with clause 13.1.

      3. Refund policy

          1. If an agreement between yourself and another user is cancelled or terminated early you may contact us at the Support Email to apply for a refund of any applicable Success Fee you may have paid. We may request that you produce some evidence showing why the agreement was cancelled or terminated early.

          2. We may, after consideration of all the circumstances and at our absolute discretion, issue a refund of the relevant Success Fee (prorated where the agreement was partially completed). Refunds will be processed within 10 Business Days.

          3. You are not entitled to a refund of:

              1. the Subscription Fee (subject to clause 11.5(a)(iv)); or

              2. monies paid for the purchase of bid credits.

  1. Our Relationship with You

      1. The Site

        1. For the duration of these Terms of Use we will host and maintain the Site, and provide technical support by email to the Support Email.

      2. No affiliation/recommendation

          1. Inclusion of your Profile on the Site (including as a Verified Business) does not imply:

              1. that we recommend or endorse you; or

              2. that you have complied with any or all relevant laws, regulations or industry codes.

          2. You acknowledge and agree not to represent to other users, or anyone else that there is any relationship (other than advertiser and publisher) between the parties to this agreement, or that we endorse you or your business.

          3. Similarly, we do not recommend, nor do we make any recommendation or representation about any other user of the Site.

      3. Rejection, cancellation or suspension

        1. Your Profile is subject to our approval. We reserve the right to suspend or reject Profiles or request amendments if any part does not meet our requirements for inclusion on the Site at any time, or if we have reason to suspect that you have breached any of your obligations or warranties under these Terms of Use.

      4. Changes

        1. We may amend these Terms of Use at any time by 30 days’ Written Notice to you. If you do not agree with any proposed amendments, you may cancel your registration or subscription at any time prior to the effective date of the notice, and receive a pro rata refund of any unused balance of Subscription Fees you have paid. Your continued use of the Site after the effective date of the notice constitutes your acceptance of the amendments set out in the notice.

      5. Your conduct on the Site

        1. To maintain the integrity and fairness of the Site, you agree to ensure that:

          1. any ratings, reviews or comments you make on the Site about another user are your honest opinion based on your personal experience, posted in good faith, and are not false or misleading; and

          2. you do not post advertisements for businesses other than your own.

      6. Reporting user violations

        1. Violations of these terms or the Required Performance Standards by other users can be reported to us at the Support Email.

  1. Your Warranties and Obligations

      1. Your Profile

          1. You must maintain your Profile via the Site, and ensure that it is accurate and up-to-date at all times during this agreement.

          2. You must keep your Site login id and password confidential and secure, and not disclose it to anyone.

          3. You warrant that:

              1. if bidding on behalf of a company, that you are a director of that company and authorised to so act; and

              2. you are competent and qualified to provide the Supplier Services.

          4. You warrant that your Profile:

              1. is true and submitted in good faith;

              2. is your own and not that of another person or business;

              3. does not contain anything defamatory or any malicious falsehood in relation to any product, service, person or corporation;

              4. is not the “passing off” of any product or service and does not constitute unfair competition;

              5. does not breach or infringe any third party’s Intellectual Property right or obligation of confidentiality; and

              6. complies with applicable legislation or regulations of the Commonwealth of Australia and state and territory legislation or any law in any country where the material or information (or both) is or will be available electronically to users.

          5. All ownership in Intellectual Property forming part of your Profile remains yours. You grant us a licence for the duration of this agreement to:

              1. use such Intellectual Property as part of the Site;

              2. disclose such Intellectual Property in accordance with our privacy policy; and

              3. allow us to sub-license others the same rights granted to us in this clause, for the purposes of carrying out our obligations under these Terms of Use.

          6. Subject to your ongoing right of revocation, you authorise us to include basic information about your business in a directory of service providers on the Site, even if you are no longer a Supplier.

      2. Your rights and obligations

          1. You agree to:

              1. comply with these Terms of Use and all applicable laws and regulations; and

              2. comply with our privacy policy, and any other policy we publish on the Site from time to time; and

              3. use the Site in good faith.

          2. You must not:

              1. disclose your Site login id and password to any other person;

              2. post or send any material, or do anything which is unlawful, offensive, abusive, indecent, defamatory or menacing, or in breach of any Intellectual Property, publicity, privacy or other rights of others;

              3. cause annoyance, inconvenience or needless anxiety to others;

              4. distribute or link to any material which contains malware of any kind;

              5. post commercial advertisements or promotional material; or

              6. collect information (including information about other users) for purposes outside these Terms of Use. In particular, you must not harvest information from the Site for commercial purposes without our prior consent.

  1. Posting and Republishing Content

          1. By uploading or posting content to the Site (User Content), you grant us a perpetual, non-exclusive, royalty-free, world-wide licence to all Intellectual Property in that User Content, including the rights to sub-license, adapt, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, or edit such materials in our ordinary course of business.

          2. You warrant and represent that:

              1. you own, or otherwise have full legal right to provide the User Content and Intellectual Property licence above; and

              2. the User Content is not defamatory, confidential, and does not infringe any third party Intellectual Property rights.

          3. We do not moderate User Content on the Site, but we reserve the right to delete any User Content at any time, for any reason.

  1. Intellectual Property Rights

          1. The material on the Site is protected under Australian and international copyright and other laws governing protection of Intellectual Property rights. Intellectual Property rights in images, trade marks and other content on the Site are owned by their respective owners. You must not deal with the material on the Site in any way which infringes on the content owner’s Intellectual Property rights without separate written permission from the content owner.

          2. The parties agree that all Intellectual Property rights in any Site content we have published and any improvements, modifications or enhancements to such Site content vest in and are owned by us, even if based on your feedback.

          3. You may post links to article pages on social media or other sites, but may not deep-link to embedded frames or images. Please contact us if you wish to re-post articles or images from this Site on another site, as some materials are subject to third party licences.

  1. Disclaimers and Limitation of Liability

      1. Disclaimers

          1. To the extent allowable by law:

              1. the information, services and material contained on the Site are provided on an "as is" basis. We disclaim all representations and warranties, express or implied, with respect to material on the Site, whether provided by us, third party contractors or other Users, including without limitation, the fitness for any particular purpose of anything contained or referred to on the Site.

              2. we do not warrant, guarantee or make any representation that:

                  1. the Site is free of viruses;

                  2. the functions contained on the Site will operate uninterrupted or are error-free or are compatible with all browser and operating systems; or

                  3. errors and defects in the Site will be corrected.

              3. the Site contains general information and material from many different sources. We make no representation and do not warrant that the information provided on the Site is complete, accurate or current or meeting any particular standard; and

              4. we take all reasonable efforts to maintain the security and confidentiality of the Site and any materials you upload to the Site, but we cannot ensure or guarantee the security of your information. For example, hacking, vandalism, hardware or software failure may affect the security and confidentiality of materials you provide, and we take no responsibility for such events.

          2. You acknowledge that you have exercised your own judgement as to the suitability of the Site for your purposes, and that you use the Site at your sole risk.

          3. You acknowledge that this is not an exclusive arrangement, and we are not restricted from providing the same or similar services to any other person or company

          4. We retain the right at our sole discretion to deny access to anyone to the Site, at any time and for any reason, including, but not limited to, violation of these terms and conditions.

      2. Responsibility for own actions

        1. Each party agrees to release and hold harmless, indemnify and defend the other party and its Indemnified Officers against any Claim or Liability from or in relation to:

          1. its own negligence or malpractice, or reckless or intentional misconduct, and

          2. its own failure to perform its obligations and responsibilities under these Terms of Use.

      3. Indemnity

          1. You agree to release and hold harmless, indemnify and defend us and our Indemnified Officers against any Claim or Liability from or in relation to:

              1. the misuse of the Site by you or anyone whom you allowed to access the Site using your secure login details, whether deliberately or otherwise;

              2. any acts or omissions of anyone whom you allowed to access the Site using your secure login details from time to time, whether deliberately or otherwise;

              3. your breach of any law or infringement of any third party rights including without limitation Intellectual Property rights, privacy rights, or consumer protection laws;

              4. if your instructions to us cause us to be in breach of any law or infringement of any third party rights including Intellectual Property rights; and

              5. your action, inaction, delay or breach of your obligations under this agreement or your breach of any warranties under this agreement.

          2. You agree to release and hold harmless us and our Indemnified Officers against any Claim or Liability arising from or in relation to:

              1. acts or omissions of other users or any third parties;

              2. any agreement between yourself and any other user of the Site;

              3. any downtime, interruption, hardware or software failure, or Consequential Loss of any kind;

              4. any loss or damage to persons or property (including data) caused by:

                  1. the use of the Site;

                  2. the inability to use the Site;

                  3. the reliance on any information provided on the Site;

                1. by you or anyone whom you allowed to access the Site;

              5. our reasonable actions in denying anyone access to the Site, including for security reasons or non-payment;

              6. actions taken in relation to these Terms of Use in accordance with our obligations at law or any order issued by a court of law or relevant government authority,

            1. whether directly or indirectly arising in connection with the Software or Services, even if we knew or should have known about the possibility of such loss or damage.

          3. You indemnify us for any reasonable legal expenses we incur as a result of your breach of these Terms of Use, including expenses for enforcing payment, on a solicitor and own client basis.

      4. Defence

        1. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.

      5. Limitation of Liability

          1. To the fullest extent allowable at law:

              1. we only accept liability to you as set out in this clause 11, or as required by consumer or other laws which cannot be excluded by contract;

              2. indirect, special, pure economic or Consequential Loss (whether arising under contract or tort) are expressly excluded under these Terms of Use;

              3. we are not liable to you for:

                  1. errors in the information you provide to us;

                  2. errors or omissions in the Site;

                  3. delays to, interruptions of, or cessation of the Site;

                  4. acts or omissions of any other User of the Site, including defamatory, offensive, unlawful or illegal content;

                  5. default or failure in performance of our obligations under this agreement resulting directly or indirectly from:

            1. a Force Majeure Event; or
            2. third party service providers, suppliers, or couriers; or
            3. or any other circumstances caused by factors beyond our reasonable control,
                1. whether or not caused through any act or inaction by us, our employees, agents or independent contractors, or through any other cause.

              1. our liability, and liability of our Indemnified Officers under this agreement is limited to (at our election):

                  1. supplying the services again; or

                  2. payment of the cost of having the services supplied again; or

                  3. a refund of the amount you paid us for those services;

              2. despite any other provision to the contrary, you agree that our total liability and the total liability of our Indemnified Officers in connection with this agreement whether under contract or tort, will not in any circumstances exceed $100.

          1. The limitation of liability under clause 11.5 has effect in relation both to any Liability expressly provided for under this agreement and to any Liability arising by reason of the invalidity or unenforceability of any term of this agreement.

  1. Links to Third Party Websites

          1. This Site may provide links or references to other websites for your convenience. We do not control or endorse these websites, and are not responsible or liable for the accuracy, legality, or any other aspect of the content of such websites or for any damage or injury arising in connection with your access to such websites.

          2. If you choose to purchase goods or services from a third party, including one accessed from the Site, you are entering a separate agreement with that third party, and expressly agree that we are not a party to any such transaction.

  1. Suspension and Force Majeure

      1. Your default and suspension

          1. We may suspend your access to the Site at any time and give you a Notice of Default if:

              1. you fail to make any payment when due, or any payment is dishonoured or subject to chargeback;

              2. you breach the terms of the licence granted under clause 3.2 or 4.1;

              3. you receive more than one Customer review which has less than a sixty percent rating; or

              4. you breach any other term of this agreement.

          2. Suspension of your access under this clause:

              1. does not affect your liability to make payment; and

              2. will immediately end when the issue giving rise to the suspension is remedied.

      2. Force majeure

Neither party is liable for any delay or failure to perform its obligations under these Terms of Use to the extent that such failure is caused by a Force Majeure Event. However, nothing in this clause excuses payment of any money due. We may suspend access to the Site for the duration of any Force Majeure Event.

  1. Termination

      1. Termination for default

        1. Either party may end this agreement immediately by notice via email if the other party:

          1. fails to remedy a Notice of Default;

          2. experiences an Insolvency Event.

          3. is guilty of dishonesty, serious misconduct or serious neglect of duty.

      2. Termination for convenience

          1. You may terminate this agreement at any time, for any reason, immediately by Written Notice via email to us.

          2. We may terminate this agreement at any time, for any reason, immediately by Written Notice via email to you.

      3. Consequences of termination

          1. If this agreement is terminated for any reason then in addition to any other rights we may have:

              1. any outstanding fees are immediately due and payable;

              2. your Supplier status will be immediately revoked;

              3. your right to use the Site will immediately be limited to the portions of the Site which do not require registration;

              4. the licence granted under clause 3.2 and/or 4.1 is immediately revoked and your right to use any Intellectual Property belonging to us automatically ceases;

              5. we may immediately remove your Profile from the Site;

              6. any reviews you have posted may remain on the Site, and all links you have previously shared may remain live;

              7. we may retain records relating to your Profile following termination of this agreement for any reason, in accordance with general legal and accounting requirements; and

              8. we reserve the right to delete any data associated with your Registered User account.

          2. If this agreement is terminated for any reason, except if we terminate for convenience in accordance with clause 14.2, then in addition to any other rights we may have:

              1. your bid credits will immediately expire; and

              2. all open bids made by you will be removed from the Site.

          3. If we terminate this agreement for convenience in accordance with clause 14.2, then:

              1. you will be refunded the Subscription Fee applicable for the remainder of any Subscription Period; and

              2. for the avoidance of doubt, bid credits are not refundable.

  1. Dispute Resolution

      1. Mediation

          1. If a dispute arises between the parties in relation to this agreement, either party may give the other party a Written Notice that they intend to arrange mediation.

          2. The parties must refer the dispute to an independent mediator within 21 days of the Written Notice provided under clause 15.1(a).

          3. If the parties cannot agree on a suitable mediator, either party may contact the Law Society in their state and request that they provide a mediator.

          4. The costs of the mediation must be paid by the parties in equal shares.

      2. Legal Proceedings

    1. No party may commence court proceedings unless the dispute remains unresolved after 28 days from the date of the Written Notice provided under clause 15.1(a).

  1. Violations

          1. We take reports of abusive content and copyright infringement seriously. If you find any content on the Site that is incorrect, offensive, or suspect that the content infringes your intellectual property rights, please notify us by email at reportissues@justlink.com.au.

          2. Please support the Site and report any violations of these Terms of Use by contacting us by email at: reportissues@justlink.com.au.

  1. General

      1. Costs

        1. You are responsible for all duties, charges and legal fees (on a solicitor and own client basis) incurred in enforcing this agreement.

      2. Enduring clauses

    1. The parties’ rights and obligations under clauses 1, 6.1, 7, 8.1, 10, 11, 12, 13, 14, 15, 16 and 17.3 will survive the termination of these Terms of Use for whatever reason.

      1. Jurisdiction

    2. The laws of Queensland, Australia apply to these Terms of Use and the parties submit exclusively to the courts of that jurisdiction.

      1. Severability

    3. If any provision of this agreement is ruled by a court to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision or part provision of this agreement.

      1. Waiver

    4. Any delay or failure to enforce any rights in relation to a breach by the other party will not be construed as a waiver of those rights.

      1. Entire Agreement

    5. This agreement contains the entire agreement between the parties and supersedes all previous negotiations or agreements in relation to the subject matter of this agreement.

      1. Assignment

    6. We may assign or novate our rights and obligations under these Terms of Use at any time by notice on the Site. Upon assignment or novation, our rights and obligations are binding on and will benefit our respective representatives, successors and assigns.

  1. Definitions and Interpretation

      1. Definitions

    1. In these Terms of Use:

          1. Business Day means a day (other than a Saturday or Sunday) upon which banks are ordinarily open for business in Brisbane, Queensland, Australia.

          2. Claim means any claim notice, demand, investigation, action, proceeding, litigation, or judgment however arising, whether present, unascertained, immediate, future or contingent, whether based in contract, tort (including negligence) or statute and whether involving a party to these Terms of Use or third party.

          3. Consequential Loss includes, without limitation:

              1. loss of data or unauthorised disclosure of data;

              2. loss of opportunity, loss of revenue, loss of anticipated profits or savings, expenses incurred through default or breach, wasted overheads, loss of contract, loss of bargain, loss of business, loss of production, loss of use, loss of goodwill, and all other pure economic loss; and

              3. disappointment, distress, stress, and inconvenience.

          4. Customer means a person who posts an advertisement on the Site requesting Users to bid for work.

          5. Premium Supplier means a Supplier who has paid a Subscription Fee.

          6. Indemnified Officers means, in relation to a party, its directors, employees, contractors, agents and representatives.

          7. Insolvency Event in relation to a party means any of the following:

              1. the party enters into a scheme of arrangement with its creditors;

              2. the party is wound up or dissolved, or an administrator, liquidator or receiver is appointed;

              3. the party is placed under official management, commits an act of bankruptcy or is charged with a criminal offence; or

              4. judgment is entered against the party for more than $20,000.00, which remains unsatisfied or unappealed for more than 21 days.

          8. Intellectual Property means all intellectual property rights, including copyright, inventions, patents (including patent applications), trade marks (whether registered or not), designs (whether registrable or not), eligible circuit layout rights, domain name licences, know-how, trade secrets, and includes the right to register any intellectual property rights.

          9. Liability means any liability (whether actual or prospective), loss, damage, cost or expense of any description, including legal fees on a solicitor and own client basis.

          10. Basic Supplier means a user who has access to only the most basic level of functionality.

          11. Notice of Default means a notice sent by one party to the other party notifying it of a breach of these terms of use and providing a reasonable timeframe within which that breach must be remedied.

          12. Profile means any statements, information or representations you make on the Site about yourself or your business, and includes your branding, contact details and any information you provide to other users via the Site, as well as any additional advertising you request us to display on the Site.

          13. Supplier means a person who registered as a Supplier under clause 3, and includes Basic Suppliers and Premium Suppliers.

          14. Subscription Fee means the fees payable to become a Premium Supplier, as set out in Annexure A.

          15. Subscription Period means a period of one month, or some other period as set out in Annexure A, from the date of payment of the Subscription Fee.

          16. Success Fee means the percentage of a Supplier’s fees in any accepted quote which is payable to us, as set out in Annexure A.

          17. Supplier Services means any services offered or provided by you to any third party via the Site.

          18. Site means the website which may be accessed at www.justlink.com.au.

          19. Support Email means support@justlink.com.au, or any other email address we may notify you of from time to time.

          20. Terms of Use means this agreement including schedules and appendices, if any.

          21. Verified Business means a user who has completed the process set out in clause 4.6.

          22. Written Notice means providing information in writing to a party, including by email.

      1. Interpretation

    2. The following rules of interpretation apply unless the context requires otherwise:

          1. a reference to a person includes a firm, a body corporate, an unincorporated association or an authority and vice versa;

          2. a reference to these Terms of Use or another document includes any variation, novation, replacement or supplement to any of them from time to time;

          3. a reference to a right or obligation of two or more persons confers that right, or imposes that obligation, as the case may be, jointly and severally;

          4. a reference to conduct includes any omission, representation, statement or undertaking, whether or not in writing;

          5. specifying anything in these Terms of Use after the words including, includes or for example or similar expressions does not limit what else might be included unless there is express wording to the contrary;

          6. nothing in this agreement shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Competition and Consumer Act 2010 (Cth)) and which by law cannot be excluded, restricted or modified.

  1. Fee Schedule and Features

Monthly Subscription Plans

Features

Basic

Silver

Gold

Platinum

Diamond

Cost per month

Free

$39.99

$69.99

$99.99

$149.99

Access to leads / job board

Ability to quote

Pay only when you WIN Feature

Instant Leads through SMS

Competitors’ Bids visibility feature

BidCredits included in the plan

0

0

5

12

26

Cost of additional BidCredits

$8.00

$8.00

$6.00

$5.00

$4.00


Pay only when you WIN feature

Job Budget

< $200

$201-$500

$501-$750

$751-$1500

$1501-$4000

> $4000

Success fee

$15.00

$25.00

$50.00

$70.00

$100.00

$200.00


Pay only when you WIN feature

Job Budget

< $200

$201-$500

$501-$750

$751-$1500

$1501-$4000

> $4000

BidCredits required to bid

1

1

2

3

3

4