TERMS AND CONDITIONS FOR STAFF (STAFF TERMS)
The Staff Terms govern the relationship between you, the staff, and MyPartyHostess.com Pty Ltd ACN xxx (MyPartyHostess.com). You must read the Staff Terms carefully before completing your registration and finishing the creation of your account. Please 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 a position with a suitable event organiser (Organiser).
1.2 MyPartyHostess.com does not employ you. Your agreement for the provision of services is with the Organiser.
- 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 your experience on the MyPartyHostess.com website, and when you talk to potential organisers.
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.
2.3 It is your responsibility to negotiate the terms of your engagement with the organiser. You are also responsible for making your own inquiries of the organiser relating to the event for which the organiser needs staff, including checking the nature of the event and making sure that you are comfortable with providing services at the event and that you consider you have the necessary experience and qualifications to provide the services. MyPartyHostess.com does not conduct its own inquiry as to any of the information supplied by the organiser when they register with MyPartyHostess.com or the details of any event listed, and MyPartyHostess.com will not be responsible if you do not find the organiser or the event suitable when you attend.
2.4 You must not agree to provide services at more than one event where the events are on at the same or overlapping times or where it is unreasonable for you to believe that you can provide your services at both events.
2.5 You understand that you may have certain legal obligations to the organiser or third parties, including tax obligations, responsible service of alcohol requirements, and compliance with laws relating to working with children. These are your obligations, and MyPartyHostess.com is not liable to you, the organiser, or any third party if you do not meet these obligations.
2.6 If the date of the event is changed once you have been engaged by the organiser, MyPartyHostess.com cannot guarantee a replacement job for that date. You will need to revisit the MyPartyHostess.com website to see whether there are any other events at which you can provide services.
2.7 You understand that you will not be able to apply for any jobs or send any communication to any potential organiser if you have not paid any registration fees.
2.8 You understand that you are required to pay a fee to MyPartyHostess.com as a portion of the fee you will receive from the organiser. You will be required to pay 10% of the total amount received from the job. Failure to report the correct amount could result in the loss of 100% of that income and removal of your MyPartyHostess.com account.
2.9 You are required to pay fees for cancellation or no-show, as follows:
(a) $5 fee for cancelling a job within 14 days of the expected start time.
(b) $40 fee for cancelling a job within 72 hours of the expected start time.
(c) $50 no-show fee if you do not arrive at the location at the agreed time, or miss a party on a vessel where it’s necessary to be on time, or do not show up to a party at all.
(d) Should you work for a MyPartyHostess.com client outside the system (e.g., without being booked, through Instagram, with a friend without being booked), MyPartyHostess.com will charge 100% of the income from the job to the card on your file. If you have taken a friend without her being booked, you are also responsible for her commission + $35 booking fee.
(e) Should you take friends or any other staff not on MyPartyHostess.com and not booked on the job via the MyPartyHostess.com platform, you will forfeit the higher of a) the entirety of your earnings for that job, or b) a $50 client booking fee plus 10% commission for each staff who attended the job, and not on MyPartyHostess.com, and not booked on the job. The higher of this amount will be charged to your payment details on file with MyPartyHostess.com. MyPartyHostess.com will also suspend your account for removal, unless otherwise agreed upon by MyPartyHostess.com management.
(f) Should you take a MyPartyHostess.com client’s contact details or create a WhatsApp group of MyPartyHostess.com girls with a view of booking jobs as an agency and collecting commission, you will be immediately charged $500 and removed from MyPartyHostess.com, the platform.
(g) Misreporting. Misreporting is not tolerated, and should you misreport earnings, MyPartyHostess.com reserves the right to charge your card on file for the entire amount earned on the job. MyPartyHostess.com follows up with clients and staff after each job, and should you lie, deceive, or report an amount that is not accurate to what you earned, you will be charged the entire amount earned and suspended from the system pending removal.
(h) Failure to communicate your departure time with a screenshot of location as well as total earned on the job with the MyPartyHostess.com admin may result in you losing the entirety of your agreed paid amount as per the job and indefinite suspension from the MyPartyHostess.com platform. Admin is here to ensure your safety and accuracy in reporting.
- Your Agreement with the Organiser
3.1 Although MyPartyHostess.com is not a party to the agreement between you and the organiser, 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 organiser:
(a) date of the event for which you are hired;
(b) the nature of the event;
(c) the address at which the event will be held;
(d) what time you must arrive at the venue and either the time at which you will finish or an approximate time;
(e) the rate at which you will be paid, which must be at least the amount referred to on the MyPartyHostess.com website;
(f) how payment will be made and when;
(g) what rights to payment you have if the event is cancelled or postponed by the organiser; 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 the organiser.
- 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 the organiser who has contracted with you for an event of the termination who will then decide whether they will continue to hire you under the terms of the agreement you entered into with them.
- 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.
- 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 Staff Terms is illegal or unenforceable, it will be severed from the Staff Terms and will not affect the continued operation of the remaining provisions of the Staff 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.