Contractor Terms and Conditions
The purpose of these terms and conditions is to provide the Contractors with a clear understanding of general conditions, special arrangements, rules, requirements and standards that are integral to meet and maintain Nexus Project Group standards and reputation.
1. Nexus Project Group acts as broker to source Contractors to provide services to Nexus Project Group’s clients from time to time.
2. In its role as broker Nexus Project Group’s actions include
i. Taking Client enquiries;
ii. Obtaining a description of the work requested by the Client;
iii. Offering work to and seeking estimates from it’s independent Contractors
iv. Providing the Client with an estimate of the cost of the work;
v. Coordinating the work, including scheduling times and location for the Contractor to provide services to the Client;
vi. Undertaking monitoring to ensure compliance with the terms of this agreement by the Contractor from time to time.
3. It is agreed and acknowledged by the parties that:
i. Nexus Project Group acts as a broker to its independent Contractors on a non‑exclusive basis;
ii. Nexus Project Group is under no obligation to provide work to its indepdent Contractors and does not warrant, guarantee or represent that it will make any bookings as contemplated by this Agreement or provide the Contractor with a flow of work; and
iii. Nexus Project Group is under no obligation to give priority to the independent Contractor over other Contractors.
iv. The independent Contractor is under no obligation to deliver the services offered by Nexus Project Group.
v. The Contractor is free to offer its services and accept bookings from other clients as it sees fit.
vi. Holding an active registration with Nexus Project Group does not in any way entitle any Contractor to any quantity of work or provide exclusivity of work type or region, any allocations will be at the sole discretion of Nexus Project Group.
4. The Contractor must establish and maintain a PTY LTD company through which it conducts its business with Nexus Grroup in respect of this Agreement.
5. All employees and subcontractors must be engaged by the PTY LTD company.
Licence and Accreditation
All Contractors engaged by Nexus Project Group are required to engage workers, that are licensed, qualified, and competent to undertake the work they are being engaged to perform. In addition, Contractors must confirm that all workers and sub-contractors have
1. Current Contractor’s Licence
2. Construction Induction Cards for all workers undertaking construction work
3. completed the Nexus Project Group Contractor induction
All Contractors must hold and maintain valid policies for;
1. Workers Compensation in each State in which they undertake work
2. Public Liability Insurance with an indemnity of at least $5 million in respect of each claim for the period of the contract
Invoicing and Payment Terms
On the completion of the allocated works, you must;
1. Notify Nexus Project Group that works are complete
2. Submit a tax invoice
3. Submit photographic evidence of the completed works
4. Confirm the client’s satisfaction with the works
Payment terms are 30 days from confirmation of the above.
Work Health and Safety
Contractors are at all times solely responsible for managing the health and safety risks arising from their work. Unless otherwise specified Nexus Project Group will not supervise the safety management of its Contractors and relies upon them to ensure they comply with all applicable health and safety legislation at all times. However, Nexus Project Group reserves the right at all times to;
1. Request evidence of safety management
2. Attend site and conduct inspections
3. Direct a Contractor to cease work
4. Require a Contractor to obtain qualified safety advice to manage safety
All Contractors must notify Nexus Project Group immediately upon becoming aware of any incidents that occur when undertaking work assigned to them by Nexus Project Group.
Where Nexus Project Group has appointed more than one Contractor to attend a site it will ensure that all Contractors are notified of;
1. Who will be attending site
2. When they will be in attendance
Nexus Project Group will also as far as is practicable coordinate site attendance to manage any risks arising.
Where Nexus Group is not on site all Contractors must;
1. Familiarise themselves with the site upon arrival and ensure that they notify anyone else at site of their attendance.
2. Notify the Client or site occupier of their attendance
3. Undertake identification of site hazards including requesting details of asbestos registers
4. Confirm any site safety arrangements implemented by the Client/ site occupier which must be complied with.
The Contractor shall complete and maintain work to the satisfaction of both Nexus Project Group and the client. In the event that a defect is discovered, except in the instance where defect is proven to be as the result of neglect or default by the client or another person engaged by Nexus Project Group, the Contractor will be liable and will need to make right the situation. In such situation, the Contractor is not entitled to any additional payment for rectification work undertaken.
In such situations, the Contractor will be given appropriate opportunity to resolve the defect. If a defect remains unresolved, or if the client refuses the Contractor to return to work at the property, Nexus Project Group may:
a) Arrange for an alternative party to fix the defect at the Contractor’s expense, and the Contractor must pay all reasonable cost on request, or
b) Require the Contractor to pay the client compensation for any reasonable related loss caused as a result of the defect.
The Contractor must provide all equipment and materials as may be necessary to properly and effectively perform the services.
All materials and goods used to complete works on a Nexus Project Group site must be:
a) Compliant with the relevant Australian Standards and Building Codes
b) Fit for their intended purpose
c) New and undamaged.
In the instance where specified materials are not reasonably obtainable, the Contractor must seek approval from Nexus Project Group to use a substitutable product. No material substitutions may be made unless approved.
Nexus Project Group may, require the Contractor to carry out a variation to the original scope of works. This will be in the form of an approved updated scope of works.
Unless directed by Nexus Project Group in writing, the Contractor must not:
a) Make any changes to the scope of works,
b) Carry out any extra work, or
c) Leave any details of the scope of works unfinished.
Service, Standards and Reviewing Performance
The performance of Contractors will be monitored by Nexus Project Group, reviewing actual performance against several key performance indicators and industry benchmarks. This process may involve Client feedback and site inspections, reviewing timeliness, quality of work, Client service and other factors.
All clients must be contacted within 48hrs of receiving the job.
An estimated start and finish date must be supplied upon accepting the work order. If unable to meet timeframes, you must contact the Nexus Project Manager immediately.
Code of Conduct
For Nexus Project Group to meet all obligations set by our clients, Nexus Project Group requires all Contractors, at all times to behave in line with Nexus Project Group’s Code of Practice, Policies and Procedures and the law.
a) You must conduct yourself in a pleasant, polite and friendly manner
b) Each service for Nexus Project Group shall be in a professional and timely manner ensuring quality workmanship and ensure maximum Client satisfaction
c) You must liaise with the Client if there are to be any changes to their/your schedule
d) You shall not smoke, swear or engage in activities that could be uncomfortable or offensive to the Client
e) All works are to be conducted in a neat and tidy manner, all rubbish to be disposed of and no mess to be left at the home/worksite
f) Animals are not to be taken onsite
g) Use of client’s equipment including; vacuum, ladder etc. is strictly forbidden
h) Defamation in relation to Nexus Project Group will result in the immediate cessation of your registration as a Contractor
Privacy and Confidentiality
In the course of your engagement, you will become privy to confidential information of the company and/or its clients, whether in written, computerised or oral form.
You will, both during your engagement and for so long as the confidential information remains confidential after the termination of your engagement (unless it ceases to be confidential due to your breach of this clause):
a) Not at any time, either directly or indirectly, disclose or communicate to any person any confidential information that may come to your knowledge during or in the course of the engagement, unless expressly authorised by the company or required by law or court order.
b) The Contractor will comply and will ensure that its employees and Contractors comply with all laws relating to the privacy of information particularly information relating to Clients.
c) Use your best endeavours to prevent disclosure or publication of the confidential information where that disclosure or publication is not authorized by the company.
d) If required by law or court order to disclose any confidential information, advise the company of that fact and take all lawful steps to confine disclosure of the confidential information and preserve its confidentiality, including taking steps to allow the company or its agents to do so.
e) Not use or attempt to use confidential information for your own purposes or for any purposes other than for the purposes of the company or in any manner which may injure or cause loss directly or indirectly to the company and/or its business.
f) Acknowledge and agree that, without prejudice to any other remedy that the company may have, the company will be entitled to injunctive and other equitable relief to prevent or cure any breach or threatened breach of this clause.
The Contractor indemnifies Nexus Project Group against:
a) Loss or damage to property
b) Claims in respect of personal injury or death, arising out of, connected to or as a consequence of the Contractor:
a. Carrying out or failing to carry out works
b. Breaching these Terms of Engagement
c) Any liability that Nexus Project Group may suffer or incur under a statutory warranty in connection with works.
The Contractor agrees not to defame Nexus Project Group Pty Ltd and any of its employees and associates (on public forums, blogs, social networks etc.) at any time during or subsequent to the contract period. The Contractor agrees to take no action which is intended or would reasonably be expected to harm Nexus Project Group or their reputation or which would reasonably be expected to lead to unwanted or unfavourable publicity to the Company. The Contractor shall endeavour to promote the interests of Nexus Project Group.
These Terms and Conditions constitute the entire agreement of the parties and supersedes all previous agreements, understandings and negotiations written or oral on the subject matter. Each provision of this document is severable from the other and severance of a provision shall not affect any other provision.
Nexus Project Group reserves the right to review the above conditions at any time if the arrangement is no longer reasonable and may change these Terms and Conditions at any time without notice. Any amendment will be effectively immediately.
I acknowledge and agree that I will fully comply with all lawful requirements concerning Contractors in all states and territories that my business operates and will comply with the terms and conditions of this document.