Terms and Conditions – Accessing the Sub-contractor Pool.
These terms and conditions (“Terms”) outline the rules and guidelines for using our website, products, and services. By accessing or using our platforms, you agree to be bound by these Terms. Please read them carefully.
Definitions
- “We,” “Us,” “Our,” or “Our Company”: Refers to the Publisher of this website and the invoicing business.
- “You” or “Your”: Refers to the user, customer, client, or any person accessing our services.
- “Website”: Refers to our online platform.
Order Terms and Conditions
Placing Your Order
- Selecting Products or Services:
- You can place an order by choosing the products or services you wish to purchase.
- Options include our website, phone, email, or any other communication channel.
- Review and confirm your order details before submitting.
- Acknowledgment of Your Order:
- Upon submission, we will acknowledge your order through email or other confirmation methods.
Our Right to Accept or Reject
- Discretionary Acceptance or Rejection:
- We reserve the right to accept or reject your order at our sole discretion.
- Reasons for rejection may include:
- Unavailability of products or services.
- Inability to verify payment or identity.
- Errors in price, description, or availability.
- Breach of these Terms or other policies.
- Prompt Notification of Rejection:
- If we reject your order, we will notify you promptly and refund any payment made.
Your Responsibilities and Changes
- Verification of Order Details:
- You are responsible for verifying order details before submission.
- Once accepted, you cannot cancel or change the order unless agreed upon in writing.
- Communication and Tracking:
- We will keep you informed about your order status via email or other means.
- Track the progress of your order on our website or by contacting us.
- Customers are strictly prohibited from contacting our Letterbox Walkers, except for the provision of printed stock. Customers must refrain from phoning walkers for updates or providing instructions regarding flyer drop locations or methods. Our distribution runs are often shared with other customers to reduce costs, and the needs of all customers are considered during our distribution run scheduling and route planning. Our team, trained recruiters and managers, are skilled in dealing with individuals with varying English proficiency levels and are adept at fostering trust and cooperation. Customers must understand that our walkers are local self-employed individuals subcontracted by us. Any perceived employer-employee relationship between the customer and the walker is incorrect and may lead to the walker resigning from the work. If a customer interferes with a drop or communicates with the walkers, we will not be held responsible for any disruption to the letterbox distribution or for any flyers that may or may not be returned by the walkers.
Payment Terms and Conditions
Pricing and Currency
- Product and Service Prices:
- Our product and service prices are displayed on our website or provided through phone, email, or other communication channels.
- All prices are in Australian dollars and include GST, unless otherwise stated.
- We reserve the right to change prices without notice, but such changes will not affect orders already accepted by us.
Payment Obligations
- Order Total:
- By placing an order, you agree to pay the price of the products or services ordered, along with any additional charges (e.g., delivery, taxes, fees, surcharges) that may apply.
- Accepted payment methods include credit cards, debit cards, PayPal, or bank transfers.
- Valid Payment Information:
- You must provide valid and complete payment information.
- By placing an order, you authorise us to charge your payment method for the total order amount.
- Payment Timing:
- Payment is due at the time of placing your order, unless otherwise agreed upon in writing.
- Failure to make timely payment may result in order cancellation, suspension, or termination of product/service delivery.
- Late or Failed Payment:
- If your payment is declined, reversed, or disputed, we may take appropriate action.
- We reserve the right to charge interest, fees, or penalties for late or failed payments, as permitted by law.
Commencement of Service and Billing
Our service begins as soon as you request a quote. At this point, we access our extensive database of over 7,000 local individuals across Australia who are looking for work. This database, maintained at significant cost, is the core of our service. We check this database to ensure there is a pool of people within 45 minutes of your target suburbs before providing a quote.
Upon your booking, we immediately contact the available people in your area. This is a billable time, reflecting the value of our service in connecting you with our network of walkers. We spend considerable resources to recruit these willing contractors, sign them on contracts, and provide them with directions for completing tasks.
Please note that you are engaging our company solely in this capacity. We do not provide a free service. Our billing starts as soon as we act on your order.
Discounts and Special Offers
- Eligibility:
- We may offer discounts, promotions, or special offers from time to time.
- To qualify, you must comply with the specified terms and conditions.
- Modification or Withdrawal:
- We may modify or withdraw these discounts, promotions, or special offers at any time without notice.
- Such changes will not affect orders already accepted by us.
Printing Terms and Conditions
Artwork Specifications and Delays
- Artwork Requirements:
- Submit artwork that adheres to the following specifications:
- Resolution: At least 300dpi for high-quality printing.
- Bleed: Include a 3mm bleed (5mm for booklets) for precise trimming.
- Fonts: Outline fonts; ensure readability (minimum 5pt).
- Color: Convert all colors to CMYK for accurate printing.
- File Format: Provide the file in PDF format.
- Printing Delays:
- Delays may occur due to:
- Artwork revisions: Ensure timely approval.
- Production backlog: High demand or technical issues.
- Material availability: Some materials may be out of stock.
Disclaimers
- Letterbox Distribution Disclaimer:
- Our letterbox distribution service is subject to factors beyond our control, including weather, access restrictions, and safety concerns.
- We assign walkers based on availability, but there is no guarantee for every job.
- Printing Disclaimer:
- Printing delays may occur due to artwork approval, production backlog, or material availability.
- Artwork specifications must be followed to avoid delays.
Cancellation and Refund Policy
If a job cannot be completed for any reason, a cancellation fee will be deducted to cover costs associated with providing the service. This ties in with our refund policy. Please refer to our terms and conditions for more details on cancellation, delays, and the warranties we provide.
Remember, our product is not just the delivery of flyers—it’s the access to our constantly updated, comprehensive list of letterbox walkers and the people that spend time contacting these walkers on your behalf.
Subcontractor Responsibilities and Limitations
We offer job opportunities to individuals who express interest and accept these opportunities in good faith. These individuals are not our direct employees but rather independent subcontractors. We trust their commitment to fulfill their responsibilities as agreed upon.
However, it’s essential to recognise that we cannot guarantee the actions or inactions of these subcontractors. While we expect them to arrive at designated locations and deliver as per the agreement, there are instances where this may not always occur. Here are some key points:
No Absolute Guarantee
While we strive to provide a reliable service, we must acknowledge that we cannot absolutely guarantee that subcontractors will consistently meet all requirements. Our service is based on providing access to subcontractors, and while we commit to finding people to work and replacing them if needed, there are factors beyond our control that can impact their ability to perform.
These factors can include adverse weather conditions, unforeseen personal circumstances, or logistical challenges. We have processes, rules, and technology in place to manage these situations as effectively as possible. However, the nature of the work and the reliance on independent subcontractors means that there can be no absolute guarantee.
We appreciate your understanding and assure you that we are committed to providing the best service possible within these constraints. We value your business and will continue to strive for excellence in all that we do.
- Coverage and Completion:
- While we expect subcontractors to cover their assigned areas, we cannot guarantee that they will reach every house.
- Some houses may be inaccessible due to private property restrictions or other factors.
- Beyond Our Control:
- Many aspects of distribution are beyond our control.
- Weather, traffic, and unforeseen events can disrupt schedules and affect delivery.
- Our Commitment:
- We remain committed to providing the best service possible.
- When issues arise due to subcontractor performance, we take prompt action to resolve them.
- Not a Reflection on Our Company:
- Subcontractors’ actions or inactions should not be attributed to our company.
- We work diligently to address any challenges promptly.
Remember that our subcontractors play a crucial role in our letterbox distribution services, and we appreciate their efforts. If you encounter any issues, please reach out to us, and we’ll work to find a solution.
For detailed information, refer to our contracts available on our website.
Subcontractor Engagement and Communication
- Subcontractor Engagement: Walkers, herein referred to as subcontractors, are briefed and booked for runs. Flyers will either be sent to or picked up by the subcontractors. These subcontractors have accepted a scope of work and are not monitored on a daily basis by human managers.
- Use of App: Subcontractors are required to run an app on their phone when they work. This app records not only where they have been but also the speed at which they are walking. This is important as subcontractors are paid by the hour.
- No Incentive for Dumping: The app ensures no dumping of flyers will occur because getting rid of flyers faster does not increase their payment or allow them to reduce hours.
- Weekly Reports and Invoices: Subcontractors submit their app report at the end of each week along with an invoice that should match the hours worked.
- Communication: Phoning the office or emailing every day will not provide any information regarding a drop, and subcontractors may wait on a reply if there is no current information to send. There is a form on the website for Order Updates. When this form is filled out, it will be routed to a team that can confirm a job is in progress.
- No Daily Updates: We make no warranties or imply any team member can update you daily on job progress. Our central Team represents thousands of letterbox walkers working on multiple jobs in all parts of Australia. It is not implied or confirmed that we are in contact with assigned subcontractors on a daily basis.
- Walker Contract: Please read the walker contract on this website to understand their commitments and expectations when accepting work.
- Client Responsibilities: It is concerning that clients do not read the terms on booking an order and harass our sales and admin staff to provide an update service which was not promised in the first place. Clients are encouraged to familiarize themselves with these terms and conditions to ensure a smooth working relationship.
Cancellation and Refund Policy
You have the option to cancel your order and request a refund, subject to the following terms and conditions:
Cancellation Process: To initiate a cancellation, complete and submit the official cancellation and refund form available on our website or by contacting us.
Cancellation Fees: If you cancel your order less than 7 days before the scheduled delivery date, a cancellation fee of 35% of the total order amount will apply. This fee covers the cost of accessing the database and contacting walkers in the field. If you cancel your order more than 7 days before the scheduled delivery date, a cancellation fee of 15% of the total order amount will apply. This fee covers administrative processing and accessing the database.
Refund Process: If no work has taken place on a distribution job due to factors beyond our control (e.g., access restrictions, unforeseen events), we may provide a full refund. We will process your cancellation and refund request after it is ascertained that no monies are owed to walkers in the field and their upline managers, subject to order and payment verification. The refund amount will be the original payment minus any applicable cancellation fees or charges. We will use the same payment method you used for the initial payment. You will receive notification once the refund is completed.
Our Right to Cancel: We reserve the right to cancel your order and refund the amount paid if we are unable to deliver products or services due to factors beyond our control. Such factors may include unavailability of products or services, delivery company failure, or breach of terms.
Exclusions: Some products or services are not eligible for cancellation or refund. These include custom-made items, perishable goods, and digital products or services. Please note that ineligible products or services are clearly marked on our website or in quotations.
Please remember, our billing starts as soon as we act on your order. We do not provide a free service. Our product is the access to our constantly updated, comprehensive list of letterbox walkers. We’re committed to providing you with a reliable, efficient service that meets your letterbox distribution needs.
Quality and Performance
We take pride in delivering high-quality products and services that align with your expectations and adhere to the standards and specifications we communicate through our website, phone, email, or other channels. While we strive for excellence, there are important considerations related to our distribution methods, subcontractors, and printing processes:
- Guarantees and Warranties:
- We may offer guarantees or warranties for specific products or services, subject to terms and conditions we specify.
- To be eligible for these guarantees or warranties, you must comply with the stated requirements.
- Please note that we reserve the right to withdraw or modify these guarantees or warranties without prior notice. However, any changes will not affect orders already accepted by us.
- Subcontractor Limitations:
- Our distribution methods involve subcontractors who operate independently.
- While we expect their commitment, we cannot guarantee their actions or completion of every job.
- Factors such as weather, personal circumstances, or unforeseen challenges may impact their performance.
- Printing Delays and Artwork Specifications:
- Printing delays may occur due to various reasons, including artwork approval, production backlog, or material availability.
- To avoid delays, ensure your artwork meets our specifications promptly.
- We rely on external printing services, and while we strive for efficiency, some factors are beyond our control.
- Handling Claims:
- If you’re dissatisfied with the quality or performance of our products or services, please contact us.
- Provide the following information:
- Your name, contact details, and order number.
- Detailed description of the defect, error, or issue.
- Evidence (photos, videos, receipts) supporting your claim.
- Our Response and Liability:
- We’ll investigate your claim and respond within a reasonable time.
- We’ll work diligently to provide a suitable remedy, such as repair, replacement, or refund, as required by law or agreed upon.
- However, we won’t be liable for losses or damages unless legally mandated.
- Disclaimers and Disclosures:
- We may include disclaimers or disclosures related to health, safety, or legal aspects of our products or services.
- These are prominently displayed on our website or communicated through other channels.
Remember that our commitment to quality remains unwavering, even as we navigate the complexities of subcontractors and external printing processes. If you have any questions or concerns, feel free to reach out.
Dispute Resolution
We value fairness and transparency in our dealings with all stakeholders, from clients to walkers. Here’s how we handle disputes:
- Legal Jurisdiction:
- These Terms are governed by the laws of New South Wales, Australia.
- By using our services, you agree to submit to the exclusive jurisdiction of the courts of New South Wales for any disputes related to these Terms or other policies.
- Amicable Resolution:
- If you have any complaints or disputes, contact us first.
- We’ll work with you in good faith to find a reasonable and fair solution.
- Our commitment is to resolve matters amicably.
- Alternative Dispute Resolution:
- If amicable resolution fails, we may use Expresstion or arbitration.
- A neutral third party or Expresstor will facilitate the process.
- Both parties commit to participating in good faith.
- Legal Action:
- If alternative methods fail, either party may commence legal action in New South Wales courts.
- We aim to avoid this step whenever possible.
- Time Frames:
- Resolutions vary based on dispute complexity.
- We encourage both parties to work together for a swift resolution.
- Unorthodox Behavior:
- If a party disregards the established procedure and resorts to public statements or online pressure, no further action will be taken.
- Any fees paid will be forfeited, and no refunds will be issued.
Limitation of Liability
We prioritise fairness and transparency in our business relationships. Here’s how we address liability:
- General Exclusion:
- To the maximum extent permitted by law, we exclude all liability for losses, damages, costs, expenses, or claims related to these Terms or other policies.
- This applies whether the claim arises from contract, tort, negligence, statute, or any other legal basis.
- Specific Exclusions:
- We are not liable for:
- Errors, omissions, inaccuracies, or misrepresentations in our information, content, or materials.
- Delays, interruptions, failures, or errors in product/service delivery or performance.
- Defects caused by misuse, abuse, negligence, or modification.
- Losses due to factors beyond our control (e.g., weather, traffic, accidents).
- Indirect, consequential, special, or punitive damages (e.g., loss of profit, data, goodwill).
- Damages exceeding the amount paid for the relevant products or services.
- Legal Rights and Guarantees:
- These exclusions do not affect your rights under the Australian Consumer Law or other applicable laws.
- We respect your legal entitlements.
Indemnity
As a flyer distribution company that promotes other people’s content both online and offline, we act as an interExpressry between content creators and letterboxes. Here’s how our indemnity clause works:
- Your Commitment:
- By using our services, you agree to indemnify, defend, and hold harmless our company, its directors, officers, employees, agents, contractors, licensors, suppliers, and partners.
- This means you take responsibility for any losses, damages, costs, expenses, or claims arising from your actions.
- Specific Scenarios:
- You are liable for:
- Breaches or violations of these Terms or any other policies we provide.
- Use or misuse of our products or services.
- Infringement or violation of third-party rights (e.g., intellectual property, privacy, contracts).
- Acts of negligence, fraud, or wilful misconduct.
- Our Right to Defend:
- We reserve the right to assume exclusive defence and control of any matter subject to indemnification by you.
- You agree to cooperate with us in such defence.
- Limits and Cooperation:
- Our liability is limited to the extent permitted by law.
- If legal action arises, we’ll work together to find a resolution.
Intellectual Property Rights
We take our intellectual property seriously. Here’s what you need to know:
- Ownership and Rights:
- We own or have the right to use all intellectual property rights associated with our website, products, services, and content.
- These rights include logos, trademarks, trade names, designs, images, text, graphics, software, code, and data.
- Australian and international laws protect these intellectual property rights.
- User Rights:
- By using our website, products, or services, you do not acquire ownership or license rights in our intellectual property.
- Accessing or downloading content from our platforms does not grant you ownership.
- Respect and Compliance:
- You agree to respect our intellectual property rights and those of third parties.
- Do not infringe or violate these rights.
- Do not copy, reproduce, modify, distribute, transmit, display, perform, publish, license, or create derivative works without our prior written consent.
- Enforcement:
- Violation of our intellectual property rights may result in legal action.
- We take this matter seriously to protect our brand and creations.
Privacy
We value your privacy and take steps to protect your personal information. Here’s what you need to know:
- Privacy Policy:
- Our Privacy Policy outlines how we collect, use, store, and disclose your personal information.
- You can find the full policy on our website or request a copy by contacting us.
- By using our website, products, or services, you consent to these practices.
- Accurate Information:
- Please provide accurate, complete, and up-to-date personal information.
- Notify us promptly of any changes.
- Do not share personal information belonging to others without their consent.
- Compliance with Laws:
- When using our services or handling personal information (e.g., customer data), comply with privacy laws and regulations.
- This applies to interactions with customers, clients, or employees.
General Terms and Conditions
These Terms constitute the entire agreement between you and our company regarding your use of our website, products, or services. They supersede any prior agreements, understandings, or representations, whether written or oral, related to the same subject matter.
- Invalid Provisions:
- If any provision of these Terms is found invalid, illegal, or unenforceable by a court or tribunal, the remaining provisions will continue in full force.
- The invalid provision will be modified to the minimum extent necessary to make it valid, legal, and enforceable.
- Rights and Remedies:
- Our failure or delay to exercise any right or remedy under these Terms does not constitute a waiver.
- We retain the right to enforce any right or remedy in the future.
- Assignment and Subcontracting:
- You may not transfer rights or obligations under these Terms without our consent.
- We may assign, transfer, or subcontract our rights or obligations without notice.
- Amendments and Updates:
- We may amend or update these Terms by posting the revised version on our website or notifying you by email.
- The latest version applies to your use of our services.
- Review these Terms periodically.
- Disclaimer:
- While we strive for accurate flyer distribution, factors beyond our control (e.g., access restrictions, human error) may affect delivery.
- We cannot guarantee that every household will receive a flyer.
Confidentiality and Non-Disclosure Clause:
- Confidentiality Obligation: All communications between Our Company and our clients are strictly confidential. This includes emails, SMS messages, phone calls, and any other communication channels. We treat all client information with the utmost care and respect for privacy.
- Prohibition on Publication and Recording: You may not publish, share, or disclose any communication received from Our Company without explicit written consent. Additionally, recording calls or conversations and subsequently publishing them is strictly prohibited.
- Legal Basis: Our commitment to confidentiality aligns with Australian law, including the Privacy Act 1988 (Cth). Breach of confidentiality can result in legal penalties, including fines and civil liability.
- Enforcement: We reserve the right to take legal action against any party found violating this confidentiality clause.
By continuing to engage with Our Company, you acknowledge and agree to these terms of confidentiality.
Contact Us
If you have any questions, concerns, or need assistance regarding our Terms and Conditions, don’t hesitate to get in touch. We’re here to assist! You can reach us through the contact details provided on our website, including email or phone.
By interacting with our company through any landing page, website, URL, published material (whether physical or digital), or any other medium, you agree to be bound by the same terms and conditions as outlined in this our official documentation. These terms govern your relationship with us and provide clarity on rights, responsibilities, and obligations. We encourage all clients to review these terms thoroughly.