General Terms and Conditions.

1. Introduction

These General Terms and Conditions ("Terms") govern your use of our website and the relationship between Young Wild & Freelance Pty Ltd  ("Agency", "We", "Our", "Us") and all clients ("Client", "You") and freelancers ("Freelancer", "You").

By accessing our website and engaging the services of the Agency, Clients and Freelancers agree to abide by these Terms, which may be modified by the Agency from time to time.

2. Definitions

In these Terms, unless the context otherwise requires:

1. "Freelancer" refers to any individual or entity engaged by the Agency to provide freelance services.

2. "Client" refers to any individual or entity that engages the services of the Agency to supply     Freelancers.

3. "Services" refers to any freelance work or project undertaken by the Freelancer and facilitated by the Agency.

4. "Agreement" refers to any written or oral agreement between the Agency, the Client, and/or the     Freelancer for the provision of freelance services.

3. Agency Role and Responsibilities

The Agency acts as an intermediary between Freelancers and Clients and facilitates the introduction and engagement of Freelancers for specific tasks or projects as per the Client’s requirements. The Agency is not responsible for the direct performance of services by Freelancers, nor does it assume liability for any actions or omissions of Freelancers.

4. Freelancer Relationship

Freelancers engaged by the Agency are independent contractors, not employees of the Agency.The Agency shall not be responsible for any employment-related obligations, including but not limited to taxation, superannuation, insurance, or workers' compensation related to Freelancers.

5. Client and Freelancer Engagement

Clients engage the Agency to facilitate the introduction of Freelancers for specific tasks or projects. Any subsequent agreement between the Client and Freelancer is governed by the individual agreement between those parties. The Agency is not a party to the agreement and does not have any responsibility for its execution or performance. 

6. Confidentiality

Both Clients and Freelancers agree to maintain the confidentiality of all proprietary information shared during the engagement. The obligation of confidentiality extends beyond the termination or conclusion of any contract or agreement. This includes, but is not limited to, business plans, marketing strategies, client lists, and other sensitive data.

7. Data Protection and Privacy

Both the Agency and Freelancers must comply with the Privacy Act 1988 (Cth) and any applicable privacy laws in relation to the handling of personal data. Personal data must not be shared with any third party without the proper consent, unless required by law.

8. Agency Fees

The Agency will charge the Client fees as agreed in separate agreements. These fees are typically based on the scope and duration of services rendered. The Agency's fees may also include administrative costs, onboarding fees, or any other charges as disclosed in the applicable agreement. Payment of the Agency's fees is governed by separate agreements between the Agency and the Client.

9. Non-Solicitation

During the term of any engagement and for a period of 12 months after its conclusion, neither Clients nor Freelancers shall directly solicit or employ each other without the prior written consent of the Agency. A breach of this provision may result in a penalty payable to the Agency, which is outlined in the separate agreement.

10. Dispute Resolution

In the event of any dispute between the Client and Freelancer, the Agency will not be liable for resolving the dispute. However, the Agency will cooperate with both parties and provide assistance as necessary, including mediation or other forms of dispute resolution, if mutually agreed upon. Any dispute that cannot be resolved informally will be subject to the laws of New South Wales, Australia.

11. Liability

The Agency will not be liable for any direct, indirect, special, or consequential loss or damage arising out of the performance, failure, or delay of the Freelancer in the execution of services. The Client acknowledges that the Agency's role is limited to facilitating the introduction of the Freelancer and does not extend to guaranteeing the quality, completeness, or timeliness of services provided by the Freelancer.

12. Termination of Engagement

Either the Client or Freelancer may terminate their engagement with the Agency at any time by providing a notice period which is agreed upon in separate agreements. Upon termination, all outstanding fees, charges, and costs must be settled as per the applicable agreements. Termination does not affect accrued rights and obligations up to the date of termination.

13. Force Majeure

Neither the Agency nor the Client will be held liable for any failure to perform or delay in performance of their obligations due to events outside their reasonable control, including but not limited to, acts of God, war, terrorism, strikes, supply shortages, or governmental regulations.

14. Independent Advice

Clients and Freelancers are encouraged to seek independent legal, financial, and other professional advice prior to entering into any contractual relationship with the Agency. These Terms are not intended to replace or substitute professional advice and should not be relied upon as such.

15. Amendments to Terms and Conditions

The Agency reserves the right to amend, modify, or update these Terms at any time. Any amendments will be communicated to Clients and Freelancers through appropriate channels. The continued use of the Agency’s services after such amendments shall be deemed acceptance of the updated Terms.

16. Governing Law and Jurisdiction

These Terms are governed by the laws of New South Wales, Australia. Any legal actions, claims, or disputes arising from these Terms will be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.

17. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remainder of the provisions will remain in fullforce and effect.

18. Entire Agreement

These Terms, together with any separate agreements executed between the Agency, the Client, and/or the Freelancer, constitute the entire understanding between the parties with respect to the subject matter and supersede all prior discussions, negotiations, and agreements.

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

Young Wild & Freelance Pty Ltd

Email: info@youngwildfreelance.com

ABN: 65684798098