Appendix A: Shift Contract
Last updated: 18 May 2023, 9.16pm (AEST)
The Shift Contract is governed by the laws as specified in Appendix B.
Unless otherwise agreed, the Business and the Tasker enter into a Shift Contract on the following terms:
1. COMMENCEMENT DATE AND TIME
1.1. The Shift Contract is created when a Tasker accepts or applies for a Shift in the App and DeliveryTasker subsequently confirms assignment of the Shift to the Business and Tasker by notifying them of the assignment via the App.
1.2. The Shift Start Time is:
1.2.1. the start time displayed on the Shift information in the App, if the Tasker was assigned the Shift without a Valid Accepted Quote; or
1.2.2. the start time proposed in a Valid Accepted Quote.
1.3. The Shift End Time is the later of:
1.3.1. the end time displayed on the Shift information in the App; and
1.3.2. the extended end time for a Shift Contract that was extended in accordance to section 5 of this Shift Contract.
1.4. The Shift Contract will continue until terminated in accordance with section 8.
2.1. The Tasker will perform the Services in a proper and workmanlike manner.
2.2. The Tasker must perform the Services:
2.2.1. at the location for the Shift as displayed in the App; and
2.2.2. at the start time and date stipulated:
126.96.36.199. if there is a Valid Accepted Quote; or
188.8.131.52. at the start time and date set out in the Shift information displayed in the App if otherwise.
2.3. The parties must perform their obligations in accordance with any other terms or conditions agreed by the parties subsequent to the creation of the Shift Contract.
2.4. The parties acknowledge that the Shift Contract is one of personal service where the Business selected the Tasker to perform the Services. Therefore the Tasker must not subcontract any part of the Services to any third party without the Poster's consent. The Tasker remains responsible and liable at all times to the Poster for any acts or omissions of a subcontractor as if those acts or omissions had been made by the Tasker.
3.1. Each party warrants that the information provided in the creation of the Shift Contract is true and accurate.
3.2. The Tasker warrants that they have the right to work, has the necessary skills and experience to provide the Services and hold all relevant licences in the jurisdiction where the Services are performed.
4. LATE START
If a Tasker commences work for a Shift Contract later than the Shift Start Time, the Shift Start Time will be postponed to the actual time that the Tasker commences work.
5.1. If a Business wishes to extend the Shift Period of a Shift Contract, the Business must seek agreement from the Tasker. If the Tasker agrees to extend the Shift Period of a Shift Contract, the Tasker must create a Shift Extension Request using the App and the Business must accept the Shift Extension Request using the App and make payment for the extended duration of the Shift Contract within 24 hours after the Shift Extension Request has been created by the Tasker.
5.2. The additional payment for the extended duration of the Shift will be calculated based on the applicable rates of a Valid Accepted Quote (if available) or in the absence of a Valid Accepted Quote, the Favourite Rates (if available) or otherwise the Shift Rates.
6.1. All payments arising from the Shift Contract must only be made via the App.
6.2. Upon the creation of the Shift Contract, the Business must ensure there is sufficient Credits in its Account for Fees and Shift Payments required for the Shift Contract in accordance to clause 5.1 of the Agreement.
6.3. The Business must make all payments for the Shift Contract in accordance to section 5 of the Agreement, clause 6.3 of the Agreement, section 5 of this Shift Contract and other terms in the Agreement and this Shift Contract where those terms by their nature should apply.
7. LIMITATION OF LIABILITY
7.1. Except for liability in relation to a breach of a Non-excludable Condition, the parties indemnify DeliveryTasker and each other from all Consequential Loss arising out of or in connection to the Services, and any claims by any third person, or the Shift Contract, even if either or both the party knew the loss was possible or the loss was otherwise foreseeable.
7.2. Subject to any insurance or agreement to the contrary, the liability of each party to the other, except for a breach of any Non-excludable Condition, is capped at the amount for the Shift Payment.
8. TERMINATION OF CONTRACT
8.1. The Shift Contract is terminated at the Shift End Time unless there is outstanding work that the Tasker has not completed, in which case the Shift Contract is terminated after the outstanding work has been completed.
8.2. Either party to the Shift Contract may terminate the Shift Contract subject to terms in section 9 of the Agreement and section 8 of this Shift Contract.
8.3. If a Tasker does not quit the Shift using the App prior to the Shift Start Time and does not turn up to the location to render the Services by the Shift Start Time under the Shift Contract, unless otherwise agreed with the Business, the Tasker is deemed to have terminated the Shift Contract and is liable to pay a Cancellation Fee immediately.
8.4. If a Business does not cancel the Shift using the App prior to the Shift Start Time and does not acknowledge the Shift Contract or does not make payment for the Fee and Shift Payment payable for the Shift Contract, the Business is deemed to have terminated the Contract and is liable to pay a Cancellation Fee immediately.
8.5. For the avoidance of doubt, if either party to the Shift Contract terminates the Shift Contract during the Non-cancellable Period, the Terminating Party will be liable to pay a Cancellation Fee immediately.
Early Termination Prior To Shift Start Time
8.6. If either party decides to terminate the Shift Contract prior to the Shift Start Time, the Terminating Party must use the App to cancel or quit the Shift.
Early Termination After Shift Start Time
8.7. If either party decides to terminate the Shift Contract after the Shift Start Time but prior to the Shift End Time, the Terminating Party must contact DeliveryTasker as soon as reasonable to effect the termination.
8.8. If there is mutual agreement between both parties to terminate the Shift Contract after the Shift Start Time but prior to the Shift End Time, then the Shift End Time will be adjusted to reflect the time of the early termination. Unless otherwise agreed, the Shift Payment will be pro-rated according to the adjusted Duration.
8.9. If the Business decides to terminate the Shift Contract after the Shift Start Time but prior to the Shift End Time and without mutual agreement from the Tasker, then the Business must pay the full amount of the Shift Payment as if the Shift Contract was terminated at the original Shift End Time.
8.10. If the Tasker decides to terminate the Shift Contract after the Shift Start Time but prior to the Shift End Time and without mutual agreement from the Business, then the Tasker must pay a Break Fee to the Business.
9.1. If a dispute arises between the parties, the parties will attempt to resolve the dispute within 14 calendar days by informal negotiation (by phone, email or otherwise).
9.2. If the parties are unable to resolve the dispute in accordance with clause 9.1, either party may refer the dispute to DeliveryTasker and act in accordance with section 22 of the Agreement.