Contractor Terms and Conditions

Purpose

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.

Relationship

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 Project Group in respect of this Agreement.

5. The contractor must not subcontract works to other PTY LTD companies without the express permission of Nexus Project Group.

6. All workers must be employed by the PTY LTD company.

Licence and Accreditation

The Contractor must provide valid copies of the following and for all their workers;

1.    Contractor Licenc

2.    High-Risk Work Licence (if applicable)

3.    General Construction Induction Cards (all workers undertaking site based services)

4.    National Criminal History Checks

The Contractor warrants that they, together with their workers, will complete the Nexus Project Group Induction upon registration. The Contractor must inform Nexus Project Group if they employ a new site based worker, as they will be required to complete the Nexus Project Group Induction, prior to providing any site based services.

The Contractor together with their workers must obtain a National Police Check every 12 months and provide a copy to Nexus Project Group. The Contractor must immediately inform Nexus Project Group if they or their workers have any convictions or are under police investigation for alleged offences.

The Contractor must ensure the services they provide to Nexus Project Group are in accordance with their requisite licence(s) and qualification(s) and is the responsibility of the Contractor to notify Nexus Project Group if services they are engaged for are outside their licence(s) and/or qualification(s).

The Contractor warrants that they will inform Nexus Project Group if their or their workers licence(s) or qualification(s) are cancelled, revoked, suspended or expires without being replaced. In the event the Contractor no longer holds the appropriate licence(s) or qualification(s) required to perform the services engaged, the Contractor acknowledges that this may be considered a repudiation of this Agreement and may result in the termination of the Agreement.

Insurances

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 Project 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.

Quality/Workmanship

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.

Materials

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.

Variations

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.

Indemnity

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.

Reputation

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.

Entire Agreement

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.

EXPECTATIONS OF OUR CONTRACTORS WHEN WORKING ON NEXUS PROJECT GROUP SITES

As a trusted contractor of Nexus Project Group, we expect our partners to achieve high standards of repairs and a level of customer service that champions our brand. 

Please review the following guidelines and requirements with your team(s) and ensure they are adhered to. 

Requirements as part of the Nexus Work Order obligations are:

 
Your responsibilities 

All Work Orders with specified scaffold, roof rail or harness equipment require photo evidence of the fall protection in place to be supplied on invoicing for ALL work orders (as specified in your work order document). This is a requirement of the Insurers we are partnered with as it meets our WHS obligations and ensures no fraudulent invoicing occurs for works rendered. If photos of the fall protection are not supplied upon invoicing aligning with the scope of work supplied, we reserve the right to withhold payment of your invoice until such evidence is provided. With that being said, if further protection/safety equipment is required that is not specified in the work order, it is the Contractor's responsibility to ensure they adhere to their WHS responsibilities.

It is your responsibility to ensure you can warrant all repairs. Nexus Project Group will often carry out desktop quotes and supply our Contractors with a work order based on this. It is up to you to ensure you can carry out the proposed method of repair and warrant the work carried out by you including adhering to all NCC/Australian Standards and manufacturer’s recommendations.

Customer Communications

If you’re approached by a disgruntled customer, you are to never argue with them. There is no excuse if an argument occurs between our contractor and the customer. If this should occur, de-escalate the situation by remaining calm and sympathetic. Contact your Nexus Supervisor as soon as possible and they will treat the matter as a priority. 

At times, the Nexus team are required to deliver bad/non-desirable decisions to the customer and our staff are trained to deal with this. As our Contractor, DO NOT put yourself in a situation where an argument may occur.               

Do not advise the customer whether or not additional damage should be covered under their policy. If the customer mentions additional damage that is not on the scope of work provided to you in your work order, ensure you are polite and advise them that you will contact your Nexus Supervisor and provide them with photos to support the additional damage of which the insurer will make a determination as to whether the additional damage is covered under their policy.  

Never discuss with the customer whether or not you can warrant the work proposed in your work order. Should this situation arise, contact your Nexus Supervisor immediately ensuring that the customer is not in close proximity to the phone call.

Do not discuss the price allocation on your work order with the customer under ANY circumstance. 

Commencement of Works

Do not carry out any works without a work order. Always check the work order and thoroughly read through the scope of work to ensure that you understand it in its entirety and are able to prepare for the task at hand (tools, materials, etc).

If the Supervisor has arranged a date for you to attend, you must contact the customer to confirm your attendance. If the Supervisor has not arranged a date for you to attend, you must contact the customer directly and organise a time with them. Once a time has been scheduled, contact the Nexus Supervisor so they can arrange following trades. 

Always call the customer, even if you know the Supervisor has already organised everything. Nexus prides itself on communication with its customers. The more we touch base with them, the better.

If you are running late or cannot make the appointment, ensure you contact the customer and the Nexus Supervisor. 

Always introduce yourself to the customer and let them know you carry out work for Nexus Project Group. Explain your role in the repair process and what work you will be doing on site. 

Take before and after photos taking particular notice to pre-existing marks, damage or previous poor workmanship carried out by others. Point out any such issues to the customer so they are aware before you commence the works (unless Nexus Project Group contractors have carried out such repairs). In this circumstance, notify your Nexus Supervisor immediately. 

You must obtain sign off from the customer on all material selections using the Nexus Change of Material/Product Selection Form. Please speak to one of our staff who can provide you with this form. All other forms of sign off will not be accepted. The Nexus Project Group Supervisor must also approve the Change of Material/Product Selection as the insurance company requires this information prior to commencing.

When performing work for Nexus Project Group all trades must present themselves in a professional manner. This extends to clothing worn on site. T-shirts with offensive slogans, excessively worn or damaged clothing (containing holes or exposing underwear) or working without a shirt on is not tolerated. This will also result in immediate suspension of your allocation.  

Works in Progress

Do not deviate from the Scope of Works provided on your work order without approval from your Nexus Supervisor. 

Do not discuss different methods of repair with the customer (deviating from your work order scope) without discussing the alternative options with your Nexus Supervisor first. If the method of repair has changed, the Nexus Supervisor must review it to ensure that Nexus can:

Warrant the repairs
Ensure that the scope of works aligns with the funds allocated for repair
Notify the Insurance Company of the change in the method of repair and ratify costs with the insurer and the contractor

Variations

All variations require the express written approval by Nexus in the form of an updated work order. Any additional repairs carried out without approval may result in non-payment to you for the additional cost incurred. 

If you arrive at a job and the original damage has deteriorated or been exacerbated:

• Take photos to ensure you get an overall layout of the room and close up pictures of the actual damage.
• Draw a mud map of where the damage is located in the room(s) and mark where it is placed in the house. 
• Use square meters (sqm/m2) or lineal meters (fence or skirting, etc).
• Write a detailed description of the damage.
• Email this information to the Nexus Supervisor. 

Concurrent Works

Concurrent works relate to maintenance or other private work requested by the customer that are outside the scope of the work order (scope of the insurance claim). If the customer enquires about work outside of the scope of their claim you are not permitted to organise or undertake this work directly with the customer; you must coordinate the work through Nexus Project Group if Nexus Project Group chooses to do so. You must inform them that Nexus Project Group can provide them with a quote for the additional work by following these steps: 

Explain to the customer that the works are outside of the scope of works and outside of their contract with Nexus Project Group and their Insurer. Explain that Nexus will provide them with a new quote and discuss this with your Nexus Supervisor. Nexus Project Group may decide that they do not want to undertake the concurrent works and make this known to the contractor and insured.

Take photos and ensure you capture an overall layout of the room and close up pictures of any damage.

Draw up a mud map of where the damage is in the room and where it is placed in the house. 

Using square meters (sqm/m2) or lineal meters (fence or skirtings, etc). 

Write a detailed description down.

Email all of this information to the Supervisor or call them directly and ask for assistance. 

It is your responsibility to define the difference between the claim related repairs and any private works. As the Head Contractor, Nexus must be notified before any works commence and private works should not take precedence over the claim related work. 

Nexus Project Group will engage with the customer and provide them with the private quotation. Once the customer reviews and approves the quote, we will inform you with authority to proceed (following contract return). Until such time, you are not to carry out any side work with the customer without written authority from Nexus Project Group. 

Completion of Repairs

To ensure the customer is satisfied with the repairs, you must obtain sign off documentation. Nexus Project Completion Forms can be accessed on our website https://nexusgroup.com.au/completion-form/ or one of our staff can provide you with hard/soft copies. Email the signed Completion Certificate back to the Nexus Supervisor and copy in accounts@nexusgroup.com.au. 

Take photos of your work when you are finished. Taking photos and sending them directly from your smartphone is great! Ensure you utilise the link provided on your work order email to upload completion photos directly into our system. This will ensure prompt approvals of your invoice. 

Return any furniture to its original location. Dispose of/remove all debris, rubbish, packaging and potential hazardous objects prior to leaving. When moving furniture, ensure all items are handled with care and the floors are protected. Ensure all surfaces are clean and free of dust and the property is returned to pre-repair condition.

Conduct

Upon arrival, do not park in the customer’s driveway so as to not block them in. Avoid parking on the customer’s driveway or any pavement areas due to the risk of oil staining. 

Always seek the customer’s permission before entering their home and remove your shoes when applicable. You WHS responsibilities when carrying out works require you to wear boots so ensure that surfaces are protected with drop sheets and/or ensure your boots are clean.

Do not use foul or inappropriate language. 

If you wish to play music whilst on site, ensure you ask the homeowner’s permission before doing so. Ensure the volume is kept low and there is no offensive language or themes in the lyrics. 

Ensure you are clean and tidy during your work and respect the customer’s home and property. 

Always use drop sheets/dust protection. There is no excuse for paint spots on surfaces.

Always take the opportunity to discuss the use of bathroom facilities. Using the customer’s bathroom should always be a last resort and if the customer advises you may use their facilities, ensure the bathroom is left in a clean and pleasant state. 

Always notify the customer when you are leaving and instruct them of the process from here. When taking a meal break, ask the Customer if there is a preferred area where you can sit. 

Let the customer know that if they have any questions after you leave to contact their Nexus Supervisor.

Don’t engage socially with the customer as it could be seen as a conflict of interest. 

If you accidentally cause damage to the property, take responsibility and raise it in an open and honest conversation with the customer. Apologise for the accident and arrange to have it repaired professionally. Notify your Nexus Supervisor of the same. 

Nexus has a zero tolerance policy to drug and alcohol use whilst on site. Under no circumstances are you to arrive on-site under the influence of drugs or alcohol or accept drugs or alcohol from the customer. 

Do not smoke cigarettes on site under any circumstance. 

Further expectations

If the customer is not home upon your attendance please attempt to call them first. If you are unable to reach them, call the Supervisor on their mobile, or the Nexus office on 1300 321 416, as we may have additional contact details on file. 

If you arrive at a job and a child/minor answers the door and tells you that the home owners/parents are not home, do not enter the property, wait in your vehicle until an adult arrives at the property. 

If you are unable to attend a job, please call the Supervisor immediately. 

Anything that happens at site that is out of the ordinary or not on the scope of work provided, please notify the Supervisor. 

Never access a roof or work from height without safety access equipment. Failure to comply will result in immediate termination of your work allocation from Nexus Project Group.

Your presentation must always be clean and tidily dressed. Your vehicle should also be clean and well maintained. 

Your quality of repairs must meet all building codes and regulations and all WHS requirements. 

Trust is imperative. Make sure that you attend all arranged appointments, explain the repairs that will be carried out, be honest during difficult conversations, meet timeframes for completion and be responsible for any agreed actions.

Remember, the team at Nexus Project Group are here to support you and will always be available to assist you in any way. 

Please acknowledge that you have read and understand our expectations of our Contractors when working on Nexus Project Group sites by agreeing to the terms and conditions below.