Effective Date: 25/01/2025
These Terms and Conditions (“Terms”) govern the membership services provided by Trade Care Partners Pty Ltd (ABN: 93 684 892 546) (“TCP”, “we”, “us”, or “our”) and the undersigned contractor (“Contractor”, “you”, or “your”) for the provision of property maintenance and repair services to TCP’s clients.
By accepting work from TCP, you agree to comply with the following terms and conditions:
1. Engagement and Relationships
1.1 The Contractor is engaged as an independent contractor, not as an employee, agent, or partner of TCP
1.2 This Agreement does not create any exclusive relationship between the parties. TCP may engage other contractors, and the Contractor may work for others, provided there is no conflict of interest.
2. Scope of Services
2.1 The Contractor agrees to carry out property maintenance, repairs, and trade services as requested by TCP, strictly within the scope of their trade qualifications, certifications, and current licensing. Services may include, but are not limited to, the following areas:
- Plumbing
- Gas
- Electrical
- Air Conditioning
- Solar
- Data/Communications
- General Property Maintenance
The Contractor must only undertake work they are lawfully permitted and licensed to perform under relevant state or territory laws and industry regulations.
2.2 All services must be performed:
- In a professional and timely manner
- In accordance with applicable laws, building codes, safety standards, and licensing requirements
- To the quality and customer service standards expected by TCP
- The Contractor is responsible for obtaining all necessary permits, inspections, or compliance certificates if applicable to the scope of work
- Using appropriate tools, materials, and personal protective equipment
Contractors must not delegate or subcontract work outside their trade scope or to unlicensed individuals. TCP reserves the right to verify licenses and qualifications at any time
3. Liscencing, Insurance and Compliance
3.1 The Contractor must:
- Hold and maintain all relevant licenses, registrations, and certifications applicable to their trade.
- Maintain Public Liability Insurance with minimum coverage of AUD $10,000,000.00
- Maintain Workers’ Compensation Insurance or equivalent, if required by law.
- Provide evidence of the above on request or prior to commencing work.
3.2 The Contractor is responsible for ensuring their staff/subcontractors comply with these obligations.
4. Job Allocation and Communication
4.1 TCP will allocate jobs via email or via Telephone and will issue a purchase order.
4.2 The Contractor must confirm acceptance promptly and meet required response times.
4.3 Consistent failure to respond, lateness, or non-performance may result in removal from TCP’s trusted trade panel.
4.4 The Contractor must:
- Communicate courteously with TCP staff and clients.
- Attend scheduled appointments on time.
- Notify TCP immediately of any issues, delays, or safety concerns.
5. Quality and Customer Service Standards
5.1 All work must be completed to a high professional standard, free from defects, and in compliance with relevant laws and building codes.
5.2 The Contractor is responsible for site cleanliness, respectful behaviour, and ensuring minimal disruption to occupants.
5.3 Any defective work must be rectified at the Contractor’s expense within a reasonable timeframe or immediately if urgent.
5.4 Contractors may be removed from the trusted trade panel for:
- Poor workmanship
- Client complaints
- Unsafe work practices
- Breach of this agreement
6. Payment Terms
6.1 TCP agrees to pay the Contractor the agreed call-out fee, as submitted, approved and as outlined in the Service Agreement.
6.2 Invoices must be submitted to TCP with appropriate supporting documentation, including but not limited to:
- Job completion evidence (e.g., before and after photos)
- Purchase order number (supplied by TCP)
- Client sign-off or confirmation of completion
6.3 TCP will process the agreed call-out fee payment within 14 days from the date the invoice and all required documentation are received and approved.
6.4 TCP reserves the right to withhold or delay payment where:
- Work is incomplete, defective, or in dispute
- Required documentation is missing, incomplete or unclear
- The Contractor has breached any terms of this Agreement
6.5 For any additional or privately arranged work between the Contractor and a TCP customer that falls outside the scope of TCP membership services, all payment terms and conditions are to be agreed upon directly between the Contractor and the customer. TCP reserves the right to permanently remove a Contractor from the panel if any issues arising from such independently arranged work are escalated to TCP
TCP will not be responsible or liable for:
- Invoicing
- Payment collection
- Disputes arising from such independently arranged work
The Contractor acknowledges that they undertake such work at their own risk and are solely responsible for all commercial, legal, and financial aspects of those arrangements.
7. Tools, Equipment and Uniforms
7.1 The Contractor is responsible for providing all tools, equipment, vehicles, and PPE necessary for completing the work safely and efficiently.
7.2 Where TCP branding or uniforms are supplied, the Contractor agrees to wear/use them when
attending TCP jobs, if requested.
8. Safety and Conduct
8.1 The Contractor must comply with all applicable Work Health & Safety (WHS) laws and report any incidents or hazards to TCP immediately. All site-specific safety inductions must be completed where applicable
8.2 TCP has zero tolerance for:
- Unsafe work practices
- Harassment or abuse of staff or clients
- Substance use while on duty
9. Confidentiality and Non-Solicitation
9.1 The Contractor agrees not to disclose any confidential business, client, or pricing information obtained through their engagement with TCP.
9.2 The Contractor agrees not to solicit TCP clients directly for a period of 24 months following the last job undertaken through TCP, unless express written permission is granted.
10. Termination
10.1 Either party may terminate this Agreement at any time by giving 7 days’ written notice.
10.2 TCP reserves the right to terminate immediately in cases of:
• Misconduct
• Unsafe work
• Breach of license or insurance obligations
• Repeated customer complaints or poor performance
11. Dispute Resolution
11.1 In the event of a dispute, both parties agree to act in good faith to resolve the issue through informal negotiation.
11.2 If unresolved, the dispute may be referred to mediation in South Australia before any court proceedings.
12. General
12.1 This Agreement is governed by the laws of the State of South Australia.
12.2 Nothing in this Agreement limits TCP’s right to seek damages, injunctions, or other remedies in
accordance with applicable law.
13. Limitation of Liability
13.1 To the extent permitted by law, TCP will not be liable for any indirect, incidental, special, or consequential loss or damage arising out of or in connection with the Contractor’s performance of services.
13.2 The Contractor indemnifies TCP against any claim, liability, loss, damage, or expense (including legal costs) arising from:
- Injury or damage caused by the Contractor’s work, conduct, or negligence.
- Breach of any applicable laws, regulations, or terms in this Agreement.
- Claims from clients relating to unauthorised or unsatisfactory work performed by the Contractor.
14. Representations and Advice Disclaimer
14.1 TCP does not provide technical or trade-specific advice to clients.
14.2 Any advice, opinion, or recommendation provided to a TCP client is the sole responsibility of the Contractor and must be based on their trade expertise and applicable laws.
14.3 TCP will not be held liable for any losses, disputes, or damage resulting from trade advice, assessments, or opinions issued by the Contractor.
15. Reasonable Use Policy
15.1 TCP may place reasonable limits on the frequency or volume of job requests accepted by a Contractor to ensure fair distribution among the panel.
15.2 Repeated acceptance of TCP jobs must not compromise the quality, safety, or timeliness of services rendered. TCP reserves the right to reduce or pause allocations if performance is impacted.
16. Use of TCP Brand and Intellectual Property
16.1 The Contractor must not use TCP’s name, logo, or branding in any independent advertising, promotional activity, or materials without written consent.
16.2 All materials, processes, documents, or intellectual property shared by TCP remain the sole property of TCP and must not be reproduced or distributed.
Acknowledgement & Acceptance
By signing or accepting work from TCP, you acknowledge that you have read, understood, and agreed to the above terms
Contractor Details
Business Name:
ABN:
Trade Type:
Contact Name:
Mobile:
Email:
Signature:
Date:
For any questions regarding these Terms and Conditions, please contact:
Trade Care Partners Pty Ltd
Email: admin@tcpaustralia.au
Phone: 1300 GO2 TCP