TERMS AND CONDITIONS FOR PERSONS REQUESTING SERVICES (ORGANISER’S TERMS)
The organiser’s Terms govern the relationship between you, the person or persons requesting staff services (organiser), and MyPartyHostess.com Pty Ltd ACN xxx (MyPartyHostess.com). You must read the organiser’s Terms carefully before you complete your registration and finish creating your account. Contact MyPartyHostess.com if you have any questions. By creating an account, you agree to be bound by the organiser’s Terms.
- Role of MyPartyHostess.com
1.1 MyPartyHostess.com is a facilitator only. MyPartyHostess.com’s role is to assist you in finding staff suitable for your requirements.
1.2 MyPartyHostess.com does not employ the staff. You will contract directly with the staff you choose to provide you with the relevant services.
- Your Obligations
2.1 You must, at all times, answer all questions honestly, correctly, and completely, including when you create your account, register the details of any event you list on the MyPartyHostess.com website, and when you talk to potential staff.
2.2 You agree that any information you provide to MyPartyHostess.com when you create your account or register the details of an event can be used by MyPartyHostess.com in accordance with MyPartyHostess.com’s Privacy Policy at www.mypartyhostess.com.au.
2.3 When you register an event with MyPartyHostess.com, you must pay the non-refundable deposit applicable as of the date of registration. This payment will be processed automatically on the credit card or other similar card whose details you supplied to MyPartyHostess.com at the time you created your account. The fee is not refundable even where the event is cancelled or postponed through no fault of yours.
2.4 It is your responsibility to negotiate the terms of your engagement with the staff you choose. You are also responsible for making your own inquiries of the staff, checking references, and making sure you consider that they are suitable for you. MyPartyHostess.com does not conduct its own inquiry as to any of the information supplied by staff when they register with MyPartyHostess.com, and MyPartyHostess.com will not be responsible if you do not find the staff suitable or if they do not have the qualifications or experience as represented by the staff on the MyPartyHostess.com website.
2.5 You understand that you may have certain legal obligations to the staff or third parties, including insurance, workers’ compensation, payment of award rates, tax obligations, and compliance with laws relating to working with children. These are your obligations, and MyPartyHostess.com is not liable to you, the staff, or any third party if you do not meet these obligations.
2.6 If you change the date of your event once you have registered the details on the MyPartyHostess.com website, you will not need to pay another deposit. However, if you have already entered into a contract with staff, you may still be liable to pay them cancellation fees if they cannot attend on the new date or if they cannot find a replacement job for the scheduled night of the event.
2.7 You understand that MyPartyHostess.com will charge you, the organiser, the equivalent of the job amount listed on the platform if you fail in your obligations to the booked staff. This means if the staff turn up to the address at the time you listed, and you are not available or ignore their calls and texts, you will be charged the entire amount of the job.
2.8 You are liable for a $75 charge per breach if you contact or send contact details of any variety to staff via the messaging feature without booking those staff via the website. If you contact them via Instagram or Facebook aiming to book the MyPartyHostess.com staff, you will be charged $75 per staff contacted or per girl booked around the system.
2.9 For events cancelled within 48 hours of the start time, MyPartyHostess.com will charge 50% of the fees payable to the staff. Staff will receive a minimum of $50 for a cancellation within 48 hours. For events cancelled within 5 hours of the event, MyPartyHostess.com will charge 100% of the fees payable to the staff. Staff will receive a minimum of $100 for job cancellation within 5 hours of the start time. Should you fail to cancel and the staff turn up to the agreed address, ready for work, MyPartyHostess.com will charge 100% of the fees payable to the staff you had booked.
- Your Agreement with Staff
3.1 Although MyPartyHostess.com is not a party to the agreement between you and the staff, we require that, as part of your agreement with MyPartyHostess.com, you must include at least the following terms into a written agreement (which can be done by exchange of emails), with the staff:
(a) date of the event for which the staff is hired;
(b) the nature of the event;
(c) the address at which the event will be held;
(d) what time you want the staff to arrive at the venue and either the time at which they will finish or an approximate time;
(e) the rate at which you will pay the staff, which must be at least the amount referred to on the MyPartyHostess.com website;
(f) how payment to the staff will be made and when;
(g) what rights to payment the staff have if the event is cancelled or postponed; and
(h) depending on the venue of the event, whether transport costs to and from the event or any other reasonable disbursements will be paid by you.
- Termination
4.1 MyPartyHostess.com may terminate this agreement immediately on giving you notice if you breach any term of this agreement. If MyPartyHostess.com terminates this agreement, MyPartyHostess.com will notify any staff who have been contracted by you for an event of the termination, who will then decide whether they will continue to work for you under the terms of the agreement you entered into with them.
4.2 MyPartyHostess.com will not be liable to repay the non-refundable deposit if this agreement is terminated.
- Liability
5.1 Except as expressly set out in this agreement, and subject to any terms, guarantees, warranties, or conditions that by law may not be excluded, all representations, conditions, guarantees, warranties, terms, and obligations implied by law or otherwise relating to the services provided by MyPartyHostess.com under this agreement are excluded.
5.2 To the extent permitted by law, MyPartyHostess.com will not be liable for any special, indirect, or consequential loss or damage (including personal injury), loss of profit or opportunity arising out of or in connection with the services provided by MyPartyHostess.com, including as a result of not being able to obtain staff, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute, or otherwise.
5.3 To the maximum extent permitted by law, the aggregate liability of MyPartyHostess.com under or in relation to this agreement (including indemnities) arising out of all or any act, omission, or event or series of related acts, omissions, or events will
not exceed the dollar value of the services provided by MyPartyHostess.com to you and which directly led to MyPartyHostess.com’s liability arising.
5.4 You agree to defend, indemnify and hold harmless MyPartyHostess.com, its subsidiaries, affiliates, licensors, employees, agents, and independent contractors against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable legal fees) arising out of or related to any claims, including negligence, made by third parties against MyPartyHostess.com arising out of your use of MyPartyHostess.com’s facilitation services and the engagement of staff, your breach or alleged breach of the organiser Terms or of any representation or warranty contained in the organiser Terms.
- General
6.1 This agreement is governed by the laws of New South Wales, and the parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales.
6.2 If part or all of any of the organiser’s Terms is illegal or unenforceable, it will be severed from the organiser’s Terms and will not affect the continued operation of the remaining provisions of the organiser’s Terms.
6.3 This agreement can only be amended, supplemented, or waived in writing signed by both parties. The failure of either party to enforce, or the delay by either party in enforcing, any of its rights shall not be deemed a continuing waiver or a modification of this agreement.
6.4 This agreement contains the entire agreement of the parties with respect to its subject matter.