(Last updated: 6 December 2018)
Welcome to http://www.cavalryfreelancing.com (this ‘Website’). This Website is owned and operated by Cavalry Freelancing Pty Ltd (ACN 616 915 667) and its related bodies corporate (‘Cavalry Freelancing’, ‘us’ or ‘we’). This Website provides an online community that enables, amongst other things:
- companies (‘Clients’) who are looking to engage perspective freelancers (‘Freelancers’) to provide certain services to those Clients to:
- conduct a search process for Freelancers;
- interact or engage with Freelancers in respect of the services to be provided; and
- collaborate with Freelancers on Projects (defined below); and
- Freelancers seeking to offer services to Clients to interact with, be engaged by and provide services to Clients, including collaborating with Freelancers on Projects;
The words ‘you’, ‘Client’ or ‘Freelancer’ in these terms and conditions mean the person or the entity Cavalry Freelancing is contracting with as registered with Cavalry Freelancing, being:
- in Australia, the holder of the ABN provided to Cavalry Freelancing at registration or the person otherwise identifiable by name and contact details; or
- where the person or entity is not in Australia, the person registered with Cavalry Freelancing or in the case of an entity, the entity holding the company registration number (or equivalent) in the relevant jurisdiction as provided to Cavalry Freelancing at registration, or otherwise identifiable by name and contact details.
The nature of the services provided by Freelancers will depend on the requirements of a Client, but may include projects, conference calls, face-to-face meetings, project and assignment work, speaking engagements or other deliverables, research, advisory services or other professional work (a ’Project’).
While Cavalry Freelancing facilitates the communication, interaction and engagement between Freelancers and Clients, you acknowledge and agree that we will not have any liability with respect to the Services, Projects or engagement arrangements. In this regard, without limitation:
- if you are a Client, you agree that you will not pursue any claim, action or proceeding against Cavalry Freelancing in relation to the quality of the services performed by Freelancers, the outcome of Projects, the conduct of Freelancers, any claims by Freelancers against you, or any other matters in connection with your relationship or interactions with Freelancers, whether or not facilitated through the Website or the Services; and
- if you are a Freelancer, you agree that you will not pursue any claim, action or proceeding against Cavalry Freelancing in relation any conduct, act or omission of Clients, including in relation to failure of Clients to pay any fees due, any claims by Clients against you, or any other matters in connection with your relationship or interactions with Clients, whether or not facilitated through the Website or the Services.
If you are a Client, you agree to comply with the additional terms and conditions contained in:
Attachment 1: Client Terms.
If you are a Freelancer, you agree to comply with the additional terms and conditions contained in:
Attachment 2: Freelancer Terms.
You represent, warrant and undertake at all times that:
Different types of Users
To make full use of the functionality of this Website, you will need to register with Cavalry Freelancing. There are two different types of registration (collectively referred to as ‘Registered Users’), namely, registration for: (i) Freelancers; and (ii) Clients. In limited circumstances a Freelancer may also be a Client (and vice versa).
Cavalry Freelancing is currently only open to residents of Australia and companies that are registered businesses in Australia. Cavalry Freelancing does not support companies or freelancers that reside in the EU.
Cavalry Freelancing may refuse any request for registration in its sole discretion and without providing reasons.
If you wish to become a Registered User, you must provide Cavalry Freelancing with certain true and correct information about yourself (the ‘User Registration Information’), as requested by the relevant registration page on this Website. User Registration Information requested by us may include, but is not necessarily limited to:
- your full name and prefix (e.g. Mr or Mrs), so that we can identify you
- your photograph/s
- your primary telephone number, so that we can contact you if there is a problem
- your postal address (business and/or home)
- your email address, so that we can correspond with you electronically and administer your account (e.g. password resets)
- credit card and account details
You must promptly notify and update Cavalry Freelancing if any of your User Registration Information is erroneous or changes from time to time. By providing your contact details, you are deemed to agree to Cavalry Freelancing contacting you via such means.
Use of the Website Material
Outcome of the Services
Cavalry Freelancing provides a platform for enabling Freelancers and Clients to interact with each other. Cavalry Freelancing accepts no liability for any aspect of the interaction between a Freelancer and a Client, whether a Freelancer proceeds to provide services to a Client, whether a Client ultimately engages a Freelancer to provide services to that Client, the quality, outcome or result of any services provided, or the acts or omissions of Freelancers or Clients.
You acknowledge and agree that this Website’s function is to connect Freelancers with Clients and that this Website does not offer an ‘end to end’ solution. Freelancers and Clients will need to undertake any work necessary to progress, finalise and perform their engagement/s themselves. We recommend that Freelancers and Clients each seek their own independent legal and professional advice before finalising any agreement with each other, or with Cavalry Freelancing. They should also independently verify the identity and suitability of, and information about, the other party before entering into any binding agreement.
Cavalry Freelancing has no obligation to any User to assist or involve itself in any way in any dispute between Users.
Intellectual Property Rights Generally
Intellectual Property in Projects
Some of the Projects will allow or require the Freelancer to provide deliverables or content to the Client (‘Freelancer Content’).
Unless otherwise agreed between the Freelancer and the Client, the Freelancer retains ownership of all intellectual property rights in the Freelancer Content.
In the absence of any specific agreement between the Freelancer and the Client, the Freelancer will grant such rights to the Client in relation to the intellectual property in the Freelancer Content as necessary to enable the Client to receive the benefit of the Project. The Client’s requirements in this regard are to be communicated to the Freelancer prior to the Freelancer commencing any Project with the Client.
Cavalry Freelancing is not responsible for any Freelancer or Client’s use of or misappropriation of any intellectual property rights during the course of the Services or in the use of its Site, including any blog or social media sites such as LinkedIn, Facebook or Twitter. Any agreements or disputes regarding intellectual property rights in Freelancer Content shall be between the Freelancer and the Client.
You warrant and represent that the information you provide is and shall remain complete, accurate, true and correct and that you will update information held by Cavalry Freelancing as soon as possible after any changes.
If you choose to submit or post User Material, you must own or have the right to submit or post that User Material and it must not: (i) infringe any intellectual property right (including copyright, database right or trade mark right) of any person or be in breach of any legal duty owed to any person, such as a contractual duty or a duty of confidence; (ii) deceive or be likely to deceive any person; (iii) be used to impersonate any person (including Cavalry Freelancing or its representatives) or to misrepresent your identity or affiliation with any person; or (iv) be illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, encourage conduct that would be considered a criminal offence, give rise to civil liability, violate any law or be otherwise inappropriate.
You agree that Cavalry Freelancing may: (i) edit or delete your User Material; (ii) link your User Material to other material, including User Material submitted by other Users or material created by Cavalry Freelancing and/or other third parties; (iii) use your User Material for its business purposes, including to promote, market or advertise this Website and Cavalry Freelancing; and (iv) directly or indirectly commercially benefit from your User Material.
Cavalry Freelancing does not claim any ownership rights in your User Material, however, by submitting User Material you hereby grant Cavalry Freelancing an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, to copy, modify, disclose, communicate to the public and otherwise use that User Material.
Cavalry Freelancing may, in its sole discretion, remove any User Material posted by a User for any reason.
You must not use this Website if you are aged under 18 years of age.
You must not submit, post, upload, email or otherwise send or transmit to this Website, Cavalry Freelancing or any User anything that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly to this Website. You must not interfere with this Website or the servers or networks underlying or connected to this Website or violate any of the procedures, policies or regulations of this Website or any networks connected to this Website. You must not impersonate any other person while using this Website, conduct yourself in an offensive manner while using this Website, or use this Website for any illegal, immoral or harmful purpose.
You must not use, disclose, solicit, make available or misappropriate any Confidential Information (defined below), trade secrets, or other proprietary information that belongs to us or any third-party without that party’s prior written permission, or in violation of any express or implied duty or right.
‘Confidential Information’ means any documents or information created, received or obtained by the Client from or on behalf of the Freelancer, Cavalry Freelancing or any other party in connection with the Website. In relation to Cavalry Freelancing, it also includes all non-public information pertaining to Cavalry Freelancing’s business (including, without limitation, our pricing information, the identity or participation of specific Freelancers, and any content marked confidential) is Confidential Information.
You must hold all Confidential Information in trust and confidence, and not disclose, use, misappropriate or make available to any third-party, directly or indirectly, any confidential Information, except as may be required by applicable law or legal process or with applicable consent.
Confidentiality of user name and password
If you are a Registered User, you must not disclose your login user name or password for this Website to any other person. If such disclosure has or you believe that such disclosure may have occurred (whether intentionally or accidentally), then you must immediately inform Cavalry Freelancing. To the extent that the functionality of this Website does not already require Users to do so, you must change your password regularly.
Cessation of services
Indemnity by you
Availability of this Website
This Website, the Website Material and the Services are provided on an ‘as available’ basis and Cavalry Freelancing is not liable if this Website, the Website Material or the Services are unavailable for any period. Cavalry Freelancing may, from time to time and with or without notice to you, temporarily suspend access to this Website, the Website Material and/or the Services or indefinitely close down this Website at any time. Cavalry Freelancing does not represent, warrant or undertake that this Website, the Website Material or the Services will be error, defect, ‘bug’ or ‘virus’ free.
Accuracy of this Website
This Website, the Website Material and the Services are provided on an ‘as is’ basis and Cavalry Freelancing makes no representations, warranties or undertakings with respect to this Website, the Website Material or the Services, including as to the currency, accuracy or completeness of this Website, the Website Material or the Services.
It is free to be registered on our Website as a Client or a Freelancer. For companies, there are no fees connected to building a Roster, messaging freelancers or managing invoices. Freelancers are not charged a Cavalry freelancing fee for the use of any aspect of the platform.
As between Clients and Freelancers, the rates for the provision of services by Freelancers to Clients will be agreed by the Client and Freelancer, through the Website. However, Cavalry Freelancing charges to Clients a standard rate of 9% in addition to Freelancers’ rates for all ‘Invoice’ and ‘Employee’ engagement method bookings via or in connection with the Services (‘Facilitation Fee’). A standard rate of 20% in addition to Freelancers’ rates applies for all ‘Payroll’ engagement method bookings via or in connection with the Services (‘Facilitation Fee’).
- Invoice – The contracted freelancer invoices the client directly using the invoice feature on the Cavalry platform. Cavalry invoices their facilitation fee separately by calculating 9% of the freelance invoices sent to the client.
- Employee – The contracted freelancer is employed by the company (PAYG) for the duration of contract. The client must provide fortnightly timesheets to Cavalry. Cavalry then invoices their facilitation fees by calculating 9% of the days worked multiplied by the freelancer day rate.
- Payroll – The contracted freelancer is engaged by Cavalry’s payroll partner, Entity Solutions who provide compliance, payroll and insurance services that relate to contracting the freelancer on behalf of the Client. Freelancers are required to sign up to the Entity Solutions platform and complete timesheets weekly. Cavalry will invoice the client every two weeks with combined fees for Entity Solutions, Cavalry and the freelancer based on client approved freelance timesheets. The facilitation fees include Cavalry fees, Entity Solutions fees, Payroll tax, Workers Compensation, Public indemnity Insurance ($20m) and Public Liability Insurance ($20m). The facilitation fee does not include early payment options, police checks or right to work checks and additional fees and client may incur extra fees for these services.
- Payroll financing – Companies that have selected the “Payroll” engagement model can choose to pay freelancers earlier than their payment terms with Cavalry. The additional fees to facilitate Payroll financing are summarised below:
- 7 days earlier : 1%
- 14 days earlier: 1.5%
- 30 days earlier: 2%
- 45 days earlier: 2.5%
The Client and Cavalry freelancing may also agree a discounted Facilitation fee for an agreed period based on a committed spend on Cavalry Freelancing fees during the same 12 month period.
No Facilitation fees apply to “Company Sourced Freelancers”. Company Sourced Freelancers are Cavalry registered freelancers that a company has added to their Roster prior to those freelancers being presented in a Gig Search results to the same company.
Facilitation fees apply to “Cavalry Freelancing sourced Freelancers”. Cavalry Freelancing sourced Freelancers are Cavalry registered freelancers who are presented to a company in a Gig Search results prior to the same company adding them to their Roster.
Freelancer Invoicing & Payments Process
When a Client chooses the “Invoice”engagement model, the Freelance must use the Cavalry Freelancing invoicing System (‘System‘).
At the end of a 14 day period in a project or at the end of a project, a draft invoice will be created through the System, based on booking details stored in the Cavalry Freelancing Calendar. Freelancers are required to review and make any variations that are not captured in the Cavalry Freelancing Calendar (e.g. sick leave, half days, non-billable time, overtime where agreed to be chargeable). Once finalised, the Freelancer is required to approve the invoice. The approved invoice will then be sent by Cavalry Freelancing to the Client on behalf of the Freelancer.
If the Client does not either approve or dispute the invoice within 7 days from the date Cavalry Freelancing sends the invoice to the Client, the invoice will be deemed to have been approved by the Client.
If the Client, acting reasonably, raises a dispute in relation to the invoice, the Freelancer must liaise with the Client and following this, either the Client must confirm the original invoice or the Freelancer must provide an amended invoice to the Client, via the Website.
Cavalry Freelancing Invoicing & Payments Process
On or after the final day of each calendar month, Cavalry Freelancing will supply an invoice in relation to the Facilitation Fee to Clients that have used Freelancers during that month. Clients must pay invoices for the Facilitation Fee within 14 days of the date of an invoice.
Disputes around quality of work
Clients must inform the Freelancer and Cavalry Freelancing promptly if they aren’t satisfied with the quality, or any other aspect, of services being performed by the Freelancer. All such disputes must be resolved between the Freelancer and the Client, and Cavalry Freelancing accepts no responsibility or liability for the quality or the services provided by Freelancers, or the outcomes of such services. A dispute as to the quality of the services provided by Freelancers will not relieve a Client from its obligation to pay the Facilitation Fee – where such dispute arises, Cavalry Freelancing reserves the right to render an invoice for the Facilitation Fee to the Client based on the pre-agreed cost estimate.
Method of payment
Clients must make all payments due to Cavalry Freelancing via bank transfer, to Cavalry Freelancing’s nominated bank account.
Clients must pay Freelancers in Australia by either direct bank deposit or PayPal, or such other method as agreed.
Clients must pay Freelancers outside Australia via Paypal, or such other method as agreed.
Cavalry Freelancing reserves the right to impose additional and/or vary charges respect of Users’ use of this Website from time to time.
All Fees payable to Cavalry Freelancing are non-cancellable and non-refundable, subject to any of your rights that cannot be excluded under applicable law.
If Cavalry Freelancing introduces a new service on this Website, the fees applying to that service will be payable with effect from the launch of the service.
All payments under or in connection with this Website must be made in Australian dollars, unless otherwise agreed by the relevant parties.
Unless specified otherwise, all consideration payable under this Agreement in relation to any supply is exclusive of any applicable GST.
You must not engage in, or authorise any third party to engage in, any process of data scraping or data mining in relation to this Website or any content, information or materials contained on this Website. You must only use the content, information and materials contained on this Website for the purposes of the Services.
You use the Website and the Services solely at your own risk. We don’t control or vet user generated content for accuracy, nor do we have any obligation to monitor the use of our Services or verify the identity of our users.
Except to the extent that the same may not be excluded or limited as a matter of applicable law, Cavalry Freelancing excludes all implied representations, warranties, guarantees, terms and conditions of any kind whatsoever (whether implied by common law, statute or otherwise) to the fullest extent permitted by applicable law (including any implied representations, warranties, guarantees, terms or conditions that this Website, the Website Material or the Services are of satisfactory quality or fit for their purpose).
Limitation of liability
Termination of Projects
The Client may terminate a Project early provided that the Client gives Cavalry Freelancing and the relevant Freelancer the following notice of termination of Project:
- for Projects with two days or less remaining on them, one day’s notice in writing; or
- for Projects exceeding two days but less than one week remaining on them, two days’ notice in writing; or
- for Projects exceeding one week remaining on them, one week’s notice in writing.
Each User represents and warrants that it has the authority to act on behalf of, and bind, any organisation that it represents.
Contacting Cavalry Freelancing
- Suite 1, Building 3, 33 North Head Scenic Drive,
- Manly, Sydney 2095
- Telephone: 1300 162 140
- E-mail: email@example.com
Attachment 1: Client Terms
Registering as a Client
Set-up and Scope of Projects
Once registered, you are free to search and request projects with Freelancers, through the Website.
You acknowledge that Freelancers are free to accept or decline Projects at their discretion.
Freelancers are expected to accept or decline a Project within 2 business days and to adhere to the schedule and timeframes they agree with you and Cavalry Freelancing.
You must not procure, entice, solicit or induce or do anything which causes a Freelancer to breach any of the Freelancer’s obligations or project a Freelancer may owe to another person (including other Clients).
Payment for Services
Authorised Users and Logins
You acknowledge and agree that only those of your employees who have been issued with a username and password to access the Website (‘Login’) by us will be ‘Authorised Users’ and permitted to access the Website and/or Services on your behalf. Unless we agreed otherwise in writing, you must ensure that the Website and/or Services are not used by any of your affiliates, subsidiaries, related bodies corporate, service providers or groups within your company or any third party.
You must act with the utmost professionalism and courtesy in your dealings with Freelancers and with Cavalry Freelancing.
You confirm that you shall not knowingly, intentionally or recklessly use the Website or the Services to access Freelancers who are employed by a company reasonably considered a direct competitor of yours or a direct competitor of your clients, or, if applicable, one of your business units, actively managed portfolio companies, affiliates or subsidiaries or the client you are acting on behalf of. You must not request nor proceed with any discussion with any such Freelancer.
You acknowledge that where you provide us with feedback in relation to the Website or the Services, we may use that feedback for any purposes, including, without limitation, to improve the functioning of the Website or the provision of the Services. We will not publish personal information provided by you in the course of you providing us feedback without your consent.
Limitations on Use
You must not ask Freelancers for advice or recommendations on financial matters, stocks, other investments, any ratings or securities, legal, medical, accounting or financial planning without first ensuring the Freelancer holds all necessary qualifications and you have the appropriate terms of engagement in place.
You may use and apply in your business the opinions and insights you obtain during Projects, but you may not identify or quote Freelancers or attribute insights or opinions to Freelancers or Cavalry Freelancing without the prior written consent of Cavalry Freelancing.
You may use Services only in strict accordance with this Project, and you agree that you will not use Services to compete directly or indirectly with Cavalry Freelancing or any of its Services.
You agree that any written materials provided to you in connection with a Project or the Services are for your own use and you may not redistribute, disseminate, publish, or display such material, in whole or in part, to any third parties without the prior written permission of Cavalry Freelancing, except to your regulators and professional advisors on an as needed basis.
You understand and agree that: (a) Cavalry Freelancing will not assume any liability with respect to your interactions with any Freelancer; and (b) the knowledge and opinions of Freelancers is not ours, and we do not endorse them or any other information provided by any user.
Cavalry Freelancing is an independent Projector. The Freelancers introduced to you through our Site and/or Services are independent Projectors. Nothing in this Project is intended to create a partnership, joint venture, agency or employment relationship with either the Client or our Freelancers. The terms on which you engage any Freelancer must state that: (a) the Freelancer is engaged by you and not Cavalry Freelancing; (b) the Freelancer is engaged as an independent contractor; (c) the engagement does not create a partnership, joint venture, agency or employment relationship between the Freelancer and Cavalry Freelancing; and (d) that the Freelancer has no claim against Cavalry Freelancing in respect of: (i) any fee or other amounts owing to the Freelancer as a result of their relationship with you; and (ii) any benefits provided by Cavalry Freelancing to its employees.
Cavalry Freelancing is not responsible for any content of projects, deliverables, representations or statements made by the Freelancers or the quality of work or Projects provided by Freelancers.
If any of the content, opinions or work provided to you by the Freelancer is to be relied upon by a third party, the Client shall indemnify and hold harmless, Cavalry Freelancing in respect of any damages claimed by any such third party in respect of reliance on any such work, content or opinions.
In using the Services and at its own cost, the Client must:
- use clear, complete and accurate information to describe the project, brief or Project;
- make all necessary enquiries and satisfy yourself as to whether the Freelancer meets your requirements and objectives, including in relation to your requirements in ownership of intellectual property;
- comply with any applicable laws; and
- ensure the Freelancer has in place its own appropriate insurance policies, including professional indemnity insurance, public liability and/or workers’ compensation in respect of any Project.
Introductions and Non-Solicitation
For so long as you:
- are registered with Cavalry Freelancing (and for 12 months after any such registration ceases); and/or
- engage with a Freelancer made available by Cavalry Freelancing (including by providing information to you regarding a Freelancer, enabling you to identify a Freelancer or otherwise causing a Freelancer to be introduced to you)
you, your employees, agents, representatives or its related entities must not offer to employ, engage, solicit, induce, entice, or otherwise enter or attempt to enter into a Project for reward (directly or indirectly) with a Freelancer introduced to you by Cavalry Freelancing Services, in any way other than through Cavalry Freelancing Services.
This means that you must use the Cavalry Freelancing Services as your exclusive method to engage with that Freelancer unless Cavalry Freelancing agrees otherwise (in writing), in which case, Cavalry Freelancing may impose an introduction fee.
This section applies in Australia and any other overseas location where Freelancers and Clients of Cavalry Freelancing are located.
Introduction Fee relating to a company directly hiring a Cavalry Freelancer
If you would like to directly employ a Cavalry Freelancer or engage with a Cavalry Freelancer directly (in other words “Directly Hire the Freelancer”) an Introduction Fee is payable to Cavalry Freelancing.
- Our Introduction Fee is 9% of the total projected first year remuneration package for the Freelancer (including base salary, superannuation, guaranteed bonus and any other benefits provided to the Freelancer) or if the Freelancer or individual is retained under an independent contract or consultancy services agreement, 9% of the total project first year of services fees and benefits payable under that agreement, and is exclusive of GST (or otherwise such other rate or amount as you and Cavalry Freelancing may agree in writing).
- Payment of Introduction Fees: Cavalry Freelancing will issue a tax invoice for the Introduction Fee upon the Freelancer or candidate accepting an offer from the Client. The Client must pay the Introduction Fee within 14 days of the invoice.
- If you wish to Directly Hire the Freelancer on a casual employment arrangement, the Introduction Fee shall be 9% of the wages paid to that Freelancer over a 12 month period (Casual Introduction Fee) (or such other rate or amount as you and Freelancer may agree in writing). The Client shall provide Cavalry Freelancing with a monthly report evidencing the number of casual hours worked and paid for the prior month, by the 2nd day of each month. The Casual Introduction Fee will be invoiced by Cavalry Freelancing and must be paid by the Client within 14 days of the date of the invoice.
Placing candidates into full time roles
The following terms only apply when Cavalry Freelancing is engaged by a companies to source and place candidates into full time roles.
1. ACCEPTANCE OF TERMS AND CONDITIONS
The interviewing or engagement of a candidate, or the passing to any other person or organisation of personal information pertaining to a candidate introduced to you by us, will be taken as your acceptance of the Terms and Conditions. No variation can be made to these terms without the written consent of Cavalry Freelancing Pty Ltd.
2. ENGAGEMENT OF CANDIDATES
You must notify us immediately when an engagement with you is accepted by a candidate who we
have introduced to your organisation. Once you agree to engage a candidate introduced by us for any position within your organisation, even if the introduction is made indirectly, whether as an employee or in any other capacity, within twelve months of the initial interview, you agree to pay us an amount calculated in accordance with the fee schedule below.
3. ONWARD REFERRAL
Introductions are confidential. Should an introduction result in the engagement of a candidate, to any other division or any related or associated company or firm, or any other employer you will be liable to pay us a fee calculated in accordance with the fee schedule below, as if the candidate had been engaged by you.
4. SUITABILITY OF CANDIDATES
Whilst we will make every reasonable effort to ensure the suitability of candidates, we do not accept liability for any loss, expense, damage or delay arising in connection with a candidate irrespective of how they are caused. You will need to satisfy yourself that any medical or other qualification has been met by the candidate. The final recruitment decision rests with you
5a. FEE FOR SERVICE
The fee payable to Cavalry Freelancing Pty Ltd will be calculated as a percentage of the candidate’s gross equivalent annualised remuneration package (plus G.S.T.) which will be taken to include base salary plus 9.5% superannuation. Motor vehicles provided to staff will be valued at a minimum of $15,000
per annum or as agreed in the package. The fee will be calculated as follows:
- Salaries up toto $79,999 or Equivalent Currency: 12%
- Salaries between $80,000 – $109,999 or Equivalent Currency: 12%
- Salaries above $110,000 or Equivalent Currency: 12%
5b. These fees are to be paid in the following manner:
1) Retained Assignments – where the Client has requested an exclusive service to seek candidates.
- 33% upon acceptance of the assignment (minimum of $2,000 plus G.S.T.).
- 33% upon presentation of a short list.
- The balance remaining upon the successful completion of the assignment.
2) Contingent Assignments – where the Client is seeking candidates but is not necessarily seeking an exclusive approach. These fees are to be paid on the commencement date of the candidate. A minimum fee of $2,000 (plus G.S.T.) Will apply to any permanent placement. We reserve the right to charge a fee if work is undertaken by us on an assignment that is subsequently withdrawn or cancelled after a short-list of candidates has been presented to you.
6a. SUBSEQUENT ENGAGEMENT OF A CONTRACTOR /OR TEMPORARY
If within twelve (12) months of the conclusion of an assignment of a contractor/temporary introduced to you by us, you engage that person for a limited or unlimited period, a placement fee will apply. The placement fee will apply to any contractor/temporary introduced to you by us who is engaged by you or any division, related company or associated firm on a permanent, contract/temporary, part-time or consultancy basis.
6b. The placement fee is to be paid on the commencement date of the candidate and will be calculated as a percentage of the candidate’s gross equivalent annualised remuneration package (plus G.S.T.) Which will be taken to include base salary and all other benefits or allowances which represent remuneration in other forms, such as superannuation, subsidised housing loans, bonuses, commissions etc? Motor vehicles provided to staff will be valued at a minimum of $15,000 per annum or as agreed in the package.
6c. The fee will be calculated on all salaries as follows:
- 0-3 Months 12%
- 3-12 Months 12%
- 12 Months + 12%
G.S.T. Will be charged in addition to the fee
6d. Where the amount of annualised commencing remuneration is not readily ascertainable it will be calculated as a multiple of 1800 Times the hourly charge (plus G.S.T.) At which the temporary/contractor was last supplied to you .
6e. A minimum fee of $2,000 (plus G.S.T) will apply to any such placement.
6f. No guarantee applies to such placements
6g. Payment terms are 30 Days
7a. REPLACEMENT GUARANTEE
If a candidate you have recruited through us leaves your employ within three months (12 weeks) of the date of commencement, we will endeavour to find (one) replacement free of charge. This replacement guarantee only applies when our fee has been paid within thirty (30) days of the date of invoice, and we have been notified in writing within thirty (30) days of the occurrence of a termination, providing the termination is for reasons other than retrenchment, change of job description or working conditions. As the replacement guarantee relates to a specific job description, we reserve the right to negotiate our replacement terms should changes occur in the role originally recruited for.
7b. Should the Client or any subsidiary or associated company of the Client subsequently re-engage the candidate, or the use of the candidate, within the period of 12 calendar months from the date of termination a full fee in accordance with paragraph 3 above becomes payable (with no entitlement to a refund).
8. ADDITIONAL COSTS
You agree to reimburse Cavalry Freelancing Pty Ltd for the following out-of-pocket expenses: NA Expense Detail Estimated Cost (plus G.S.T.)
Attachment 2: Freelancer Terms
Registering as a Freelancer
You acknowledge that your registration is subject to our approval and that we may reject your application for registration in our discretion for any reason.
You must ensure that you hold and obtain all appropriate licences, consents, qualifications, permits and authorisation that are required in order for you to provide services to Clients.
Through the Services, Clients are able to add a Freelancer to their company roster by inviting that Freelancer to join or by selecting “Add to Roster” from their profile page.
Once a Freelancer is on a company roster, Clients can view their availability, profile information and other rosters they are on.
Clients can also contact you directly via a link that triggers an email mail-to link.
Process and Scope of Projects
Through the Services, Clients are able to search for new Freelancers or invite rostered Freelancers to join a Project. All Projects with Freelancers are agreed and managed through the Services.
You are free to accept or decline any Projects. You must not accept any Project that:
- breaches your obligations under application law or any obligations owed to a third party;
- presents a conflict of interest; or
- that relates to topics about which you are unqualified or inexperienced.
You must accept or decline any requested project bookings within two (2) business days and you must comply with any schedule or program you establish with a Client in connection with of a Project.
You acknowledge and agree that Cavalry Freelancing makes no commitment or representation regarding the frequency, quantity, value, or type of work or invitation to work that you may receive.
Payment for Services
Invoicing and methods of payment
There are 3 different methods of payment that require the freelancer to follow different process to be paid:
- ‘Invoicing’ – If the client has selected the ‘Invoice’ method of payment, the below terms apply:
- In order to receive payment, you must log into the Cavalry Website and you must confirm that your personal or business details, accounts and payment settings are up-to-date, accurate and complete.
- You must use the Cavalry Invoicing feature when invoicing the client. You must not invoice the Client directly using other invoicing systems or methods.
- You acknowledge and agree that invoices submitted after 90 days of completion of the relevant Services, without Cavalry Freelancing’s written consent, will not be accepted and will not be paid.
- ‘Employee’ – If the client has selected the ‘Employee’ method of payment, the below terms apply:
- In order to receive payment, you must provide the client with the necessary personal and business information so they can set you up as a PAYG employee for the duration of the contract. The client is then responsible for paying you as part of their pay cycles
- Every fortnight or once you have delivered the services to the client, you must supply Cavalry with client approved.
- Once you have delivered the services to a Client, you must confirm that the project is complete.
- ‘Payroll’ – If the client has selected the ‘Payroll’ method of payment, the below terms apply:
- In order to receive payment, you must register your profile on the Entity Solutions Portal. This includes adding your personal or business details, accounts and payment settings.
- You must adhere to the Entity Solutions terms of service
- You must complete timesheets on the Entity Solutions Portal according to the frequency agreed with the client
- Once you have delivered the services to a Client, you must confirm that the Project is complete to both Cavalry and Entity Solutions .
Invoicing by Cavalry Freelancing will (where possible) be on the basis of Cavalry Freelancing acting as the intermediary that facilitated the supply to the Client of the Projects by the Freelancer and that facilitated the acquisition by the Client of the Projects from the Freelancer in accordance Subdivision 153-B of the A New Tax System (Goods and Services Tax) Act 1999.
You must act with the utmost professionalism and courtesy in your dealings with Clients and with Cavalry Freelancing.
In performing any Project for a Client, you must:
- use a high standard of care and skill;
- make all necessary enquiries of the Client to ascertain the Client requirements and objectives, including the Client requirements in relation to the Freelancer’s intellectual property;
- inform the Client of any matter which may cause any budget or estimate of fees to be revised;
- comply with any policy, direction, instruction, brief, program, or schedule of the Client;
- obtain such insurance as required by law and provide evidence of such insurance upon request;
- obtain, if requested by a Client, additional insurance which may include; professional indemnity insurance, public liability and/or workers’ compensation insurance; and
- not sub-contract or engage any person other than the Freelancer to perform the Project without Cavalry Freelancing’s and the Client’s prior written approval.
Any work performed on a Project facilitated through Cavalry Freelancing shall be performed as an independent contractor engaged by the relevant Client, and you are not and shall not be deemed to be an employee or agent of Cavalry Freelancing. You shall not be entitled to any benefits provided by Cavalry Freelancing to its employees, and Cavalry Freelancing will not make deductions from any of the payments due to you for tax, superannuation or similar purposes except if required by law.
Introductions and Non-Solicitation
For so long as:
- you are registered with Cavalry Freelancing (and for 12 months after any such registration ceases); and/or
- engage with a Client made available by Cavalry Freelancing (including by providing information to you regarding a Client, enabling you to identify a Client or project or otherwise causing a Client to be introduced to you)
you must not:
- agree to or be employed under any form of contract of employment with the Client;
- agree to or be engaged as a freelancer for the Client;
- agree to or be retained by the Client as a supplier of services which would not otherwise fall within the scope of a Project, in any way other than through the Cavalry Freelancing Services. This applies whether or not you already knew the Client; or
- approach, solicit, induce, entice, offer to perform services, consult with, or otherwise be engaged for reward (directly or indirectly), with a Client introduced to you by Cavalry Freelancing, in any other way other than through the Services.
These obligations apply whether or not you already knew or had a previous relationship with the Client. This means that you must use the Services as your exclusive method to engage with that Client unless Cavalry Freelancing agrees otherwise (in writing)
You must immediately upon being engaged, contracted or retained by the Client in a manner contemplated in subclauses (c)-(f) above notify Cavalry Freelancing in writing.
With the global nature of the Services and the high calibre of Project opportunities and Freelancers, the Freelancer accepts and acknowledges that these obligations are reasonable in every respect. Further, Cavalry Freelancing need not suffer or prove any demonstrated loss before enforcing the rights under these provisions.
Blog, Cavalry Freelancing social media and marketing materials
The Freelancer may post, upload or share articles, opinions, comments or any other information or content created by the Freelancer, on the Website or on Cavalry Freelancing’s blog, other social media sites and marketing materials maintained or operated by Cavalry Freelancing including the Cavalry Freelancing LinkedIn or Facebook pages (‘Posted Content’).
By posting or using the Cavalry Freelancing Site, blog, other social media sites or marketing materials maintained or operated by Cavalry Freelancing, the Freelancer:
- grants to Cavalry Freelancing a perpetual, transferable, royalty free, worldwide licence to use, copy and modify the Posted Content for any purposes; and
- warrants and represents that:
- the Freelancer owns all intellectual property rights in the Posted Content, including having obtained consents or waivers of moral rights (where the Freelancer is not the author);
- the Freelancer will not infringe any third party’s intellectual property rights in the Posted Content; and
- where the Freelancer posts, uploads or shares the Posted Content on any other third party’s site, the Freelancer will reference the Posted Content as “First posted on Cavalry Freelancing“.
Cavalry Freelancing is under no obligation to upload any content proposed as Posted Content and may remove any Posted Content at any time and for any reason, without notice to the Freelancer.