Terms of service.

About these terms

These Terms of Service (“Terms”) govern the supply of remote staffing services by Workmate Staffing Solutions Pty Ltd (ABN 24 699 677 140) (“Workmate”, “we”, “us”) to the business identified in a service agreement or order confirmation (“you”, the “Client”).

By engaging our services, you agree to these Terms. Where a signed service agreement exists between us, the service agreement prevails to the extent of any inconsistency.

Our services

Workmate connects Australian businesses with dedicated remote administrative staff (“workmates”) who are recruited, employed, trained and supervised by our offshore delivery partner. Workmate manages the engagement from Brisbane, Queensland, including account management and client support.

Workmates perform administrative support tasks under your day-to-day direction. Unless expressly agreed in writing, our services do not include the provision of tax agent services, BAS agent services, legal advice, financial product advice, or any other service that requires a licence or registration we do not hold. Where your work involves lodgements or regulated advice, our staff act in a support capacity to you or your registered adviser.

Engagement and onboarding

Onboarding timeframes (such as indicative 5–10 business day starts or priority onboarding) are estimates made in good faith and depend on candidate availability and the complexity of your requirements.

Your workmate is an employee of our delivery partner, not of Workmate or of you. Nothing in these Terms creates an employment relationship, partnership, joint venture or agency between you and any workmate, or between you and Workmate.

Fees, invoicing and payment

Fees are charged at the flat monthly rate for your selected plan, as set out in your written quote and service agreement. All fees are in Australian dollars and exclusive of GST unless stated otherwise.

Invoices are issued monthly and are payable by the due date stated on the invoice, by bank transfer or credit card. We may suspend services where an invoice remains unpaid after reasonable notice.

Replacement of staff

If your workmate is not performing to your reasonable expectations, notify your account manager. We will work with you to resolve the issue and, where appropriate, arrange a replacement within 14 days at no additional placement cost, subject to candidate availability and the terms of your service agreement.

Your obligations

You agree to provide reasonable direction, access and information necessary for your workmate to perform the agreed tasks, and to use the services lawfully.

You remain responsible for your own legal, tax and regulatory obligations, including decisions and lodgements made in your business. You should obtain your own professional advice on how an offshore staffing arrangement applies to your circumstances.

You must not, during an engagement and for 12 months afterwards, directly employ or engage a workmate introduced by us other than through Workmate, except with our prior written consent.

Confidentiality and privacy

Each workmate signs a confidentiality agreement before accessing client information. We handle personal information in accordance with our privacy practices and applicable Australian privacy law, including safeguards relevant to work performed offshore.

You are responsible for ensuring that sharing information with us and your workmate is permitted under your own privacy policy, client engagements and applicable law, and for obtaining any consents your business requires.

Intellectual property

Work product created by your workmate specifically for you in the course of the engagement belongs to you upon payment of the applicable fees. Each party retains ownership of its pre-existing intellectual property, systems and know-how.

Consumer guarantees and liability

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Competition and Consumer Act 2010 (Cth) or other applicable law that cannot lawfully be excluded.

To the extent permitted by law, our liability for any claim arising out of or in connection with the services is limited, at our election, to resupplying the relevant services or paying the cost of having them resupplied, and we are not liable for indirect or consequential loss, loss of profit, or loss of data.

Our services are provided for business use. You acknowledge that day-to-day task direction sits with you, and that you are responsible for reviewing and approving work output before relying on it.

Suspension and termination

All plans are month-to-month with no fixed lock-in term. Either party may end the engagement by giving 30 days’ written notice. Fees remain payable for services provided up to the end of the notice period. There are no exit fees or termination penalties.

Either party may terminate immediately by written notice if the other party commits a material breach that is not remedied within 14 days of notice, or becomes insolvent.

Changes to these terms

We may update these Terms from time to time. The version published on this page applies from its stated date. For existing clients, material changes take effect from the start of the next monthly billing period after we notify you.

Governing law

These Terms are governed by the laws of Queensland, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Queensland.

Contact

Questions about these Terms can be directed to us on 0412 299 362 (Mon–Fri, 9am–5pm AEST), or by post to Workmate Staffing Solutions Pty Ltd, U 13, 17 Bowen Bridge Rd, Bowen Hills QLD 4006, Australia.