Last revised 8 November 2018
The PeachE Terms and Conditions provide guidance in helping you understand PeachE’s and your obligations and responsibilities whilst using the PeachE Website.
You must read the PeachE Terms and Conditions carefully before deciding to register on the website. We strongly encourage you to contact PeachE if you have any questions. You agree to be bound by these Terms and Conditions if you decide to register on the Website.
1. Scope of PeachE
1.1. PeachE provides a Website for Customers to search for Services provided by Freelancers.
1.2. Once a Freelancer has accepted a booking from a Customer, a contract is entered into between the Customer and the Freelancer.
1.3. Subject to section 7. Service Payments, upon acceptance the Customer must pay the Service Fee and Service Payment into an Escrow Account.
1.4. The Freelancer must perform the Services requested under the contract with the Customer.
1.5. The Service Fee will be automatically released to PeachE two hours after the end of the booking unless the Service Fee is refundable under section 10. Cancellation Policy.
1.6. The Service Payment will be automatically released from the Escrow Account to the Freelancer two hours after the completion of the booking unless the Service Payment is refundable under section 10. Cancellation Policy, the Service Payment is disputed under section 21. Dispute Resolution, a claim is made under section 11. Extenuating Circumstances or the Service Payment is affected by any other term of the Agreement.
2. Role of PeachE
2.1. PeachE’s role is to post your personal attributes, skills and availability on its Website. This will then allow Customers to request your Services should you meet their requirements.
2.2. PeachE is only an intermediary and is not your employer. Your contractual agreement is with the Customer and relates to the individual or suite of Services you are contracted to provide.
2.3. PeachE is only an intermediary. PeachE’s role and Website is designed to allow you to search for Freelancers who meet your requirements based on considerations such as type of service being offered and the time of your event.
2.4. Freelancers are not employees of PeachE. A separate contract is entered into between you and the Freelancer for the provision of Services. You will be required to provide information to the Freelancer to define the scope of service between yourself and the Freelancer (see section 3.1 and section 5.3).
3. Your agreement with the Customer
3.1. Although PeachE is not a party to the agreement between the Customer and the Freelancer, we strongly encourage that both parties define and agree to the scope of the services to be performed. To facilitate this agreement, PeachE already captures the following information during the booking process:
- The date of the event.
- The address at which the event will be held.
- The start time and end time of the event.
- The service payment.
- The payment method.
3.2. The Customer should also define (through an additional free text box provided prior to booking) additional information to ensure that the Freelancer has all the information prior to accepting the booking (see section 5.3).
4. Your duties
4.1. All information provided when creating an account, listing your availability, preferences and skills and engaging with Customers on PeachE must be answered honestly, accurately and completely.
4.3. If you cancel a confirmed Service or you have a Service cancelled by a Customer it is your obligation to be aware of the cancellation policy. Refunds of money and any reimbursements will be made as per section 10. Cancellation Policy.
4.4. PeachE will conduct Government Identification and credit card verification procedures on Customers in order to provide an increased level of assurance to Freelancers on the Website. PeachE is determined to provide a safe as practicable experience for its Users. However it is your responsibility to negotiate the terms of the contract with the Customer.
4.5. It is your responsibility to make your own inquiries of the Customer relating to the event for which the Customer requires your Services. You should check the nature of the event and ensure you are comfortable with providing the Services at the event and that you consider you have the necessary experience and qualifications to provide the Services.
4.6. You are responsible for managing your availability schedule. Freelancers should update their availability as soon as possible after their circumstances change. The Freelancer should ensure that they allow enough time for travel between events if they have multiple bookings in a day.
4.7. In instances where there are legal requirements, such as responsible service of alcohol, it is your obligation to meet these requirements. If you cannot comply with the requirements you should not proceed with the booking requested.
4.8. You will be able to leave a review of the Customer upon the conclusion of the Service and this will be made available publicly to inform other Freelancers of the ease of doing business with the Customer.
4.9. All information provided when creating an account, booking a Freelancer and engaging with Freelancers on PeachE must be answered honestly, correctly and completely.
4.11. If you cancel a booked Freelancer, it is your obligation to be aware of section 10. Cancellation Policy as refunds of money will be made under these Terms.
4.12. Freelancers are required to be Government Identification verified in order to provide an increase level of assurance to Customers of the site. However it is your responsibility to negotiate the terms of the contract with the Freelancer you select.
4.13. You are required to check all references and reviews and make sure that the Freelancer you select is suitable for your requirements. Aside from the Government Identification verification, PeachE does not conduct its own inquiry as to any of the information supplied by Freelancers when they register with PeachE and PeachE will not be responsible if the Freelancers are unsuitable.
4.14. You will be able to leave a review of the Freelancer upon the conclusion of the Service and this will be made available publicly to inform other Customers of the Freelancer’s suitability for particular events.
5. Content and Content Management Policy
5.1. The purpose of this Policy is to:
- provide guidance to Customers and Freelancers on the most effective way to provide, display and update content in order to increase the likelihood of receiving bookings,
- ensure that both Customers and Freelancers understand the rules to adhere to when adding content to their profile on the PeachE platform, and
- make Customers and Freelancers aware of the consequences of breaching these PeachE Terms and Conditions.
5.2. All content should be written in clear and easily understandable English so as not to cause confusion or misinterpretation. All information should be as accurate as possible so that Users of the Website are not completing bookings under false pretences. The following guidelines should be adhered to when completing profiles and conversing with other Users on the site.
5.3. The content in relation to the Scope of Services should be detailed and complete. The information is entered prior to booking a Freelancer. The Scope of the Services should include (but not be limited to):
- where the event is being held (residential property, hotel room, licensed facility etc.),
- if there are multiple locations, where the additional locations are and who is responsible for transport and transport related costs,
- the type of event (bucks party, birthday party, hens party etc.),
- the number of people attending the event,
- whether the event is primarily a gay or straight event,
- the schedule that the Freelancer is expected to adhere to for the event (e.g. if multiple services are being performed by a single Freelancer),
- how the Freelancer is expected to behave at the event.
5.4. All photos should be of a high quality and fairly represent the current circumstances of the User.
5.5. To facilitate the booking process, PeachE recommends that Freelancers provide a general understanding of their appearance for each Service being performed in their profile photos. For example, the type of attire that will be worn for by a female user for their standard waitressing service (the exception to the rules are provided below in section 5.9). Freelancers are able to provide a caption for each photo they upload.
5.6. For those Services where additional detail is required (such as exotic dancing), Freelancers must accurately describe the service that is being performed and refrain from unnecessarily exaggerating or making false claims about the Service.
5.7. Content should be reviewed and/or updated on a regular basis to accurately reflect the current circumstances of the User.
5.8. Review and feedback content should be honest and fair and as far as possible accurately reflect the experience with the other party. The ability to leave review and feedback comments should not be used to unnecessarily pressure or intimate another user of the PeachE platform (see section 15. Misuse of Review System Policy).
5.9. The following content is restricted from the website:
- Photos that are deemed to display an unacceptable level of nudity. The general rule is that males must at a minimum have underwear and females must be wearing at least a bikini top and bottom.
- Language that is deemed by PeachE to be either vulgar, offensive, racist or sexist, whether it be on a User’s profile or in conversation with another user of the platform.
- Any content that offers, explicitly or implicitly, services that are outside those offered by PeachE. In particular, those services that are deemed illegal under Australian law, such as prostitution. If identified, these matters will be referred to the appropriate authorities.
Consequences for breach of content policy
5.10. PeachE reserves the right to initiate the following actions based on any breaches of these Terms:
- Remove the restricted content from the profile or message history of the offending User.
- Suspend the account of the User for an indefinite period to further examine the circumstances surrounding the breach or as punishment for the breach itself.
- Cancel the registration of the User for serious or multiple breaches.
5.11. The decisions in relation to content breaches are at the discretion of PeachE and all decisions are final. However, PeachE will inform the User of the breach and provide them a forum to provide an explanation for the breach. If you observe content on this website that you believe breaches these terms you can email us at firstname.lastname@example.org.
6. Service Fees
6.1. At the point of completion of a booking, the Customer is liable for the Service Fee.
6.2. Service Fees are calculated as a percentage of the Service Payment and are based on a sliding scale (i.e. when a Service Payments increases beyond a certain payment bracket a lower percentage is applied to the Service Payment).
6.3. The Service Fee will be automatically released to PeachE two hours after the end of the booking unless the Service Fee is refundable under section 10. Cancellation Policy.
6.4. PeachE reserves the right to modify the percentages applied to the Service Payment as well as the payment brackets. The change will be effective 14 days after PeachE notifies you of the change.
6.5. The Service Fee payable to PeachE is refundable, subject to section 10. Cancellation Policy.
7. Service Payment
7.1. At the point of the completion of a booking, the Customer is liable for the Service Payment.
7.2. The Service Payment is the price charged by the Freelancer for the Service(s) to be performed.
7.3. Unless section 8. Cash Payments applies, the Service Payment will be held in the Escrow Account until it is automatically released to the Freelancer two hours after the end of the booking unless the Service Fee is refundable under section 10. Cancellation Policy, the Service Payment is disputed under section 21. Dispute Resolution, a claim is made under section 11. Extenuating Circumstances or the Service Payment is affected by any other terms of this Agreement.
8. Cash Payments
8.1. If the Freelancer is willing to accept cash they must check the Cash Payout option in the Payment Preference tab in their user profile.
8.2. In order for a cash payment to take place, the Freelancer must have selected cash as the primary payout option.
8.3. At the time of booking the Customer must pay the Service Payment by cash is the Freelancer’s primary Cash Payout option is cash.
8.4. Note that the Service Fee will still be required to be paid to PeachE by either of the other payment methods (e.g. credit or debit) and it’s only the Service Payment component that will be paid in cash.
Procedure for Cash Payments
8.5. The following guidelines are recommended by PeachE for those parties who are transacting in cash.
- The actual physical cash transaction should occur either at the start of the job or at the end of the job.
- The timing of the payment is to be agreed prior to the booking process being confirmed. The Customer should make the Freelancer aware of whether they would like to receive to cash prior to the job starting or at the end when detailing the Scope of the Service and the Freelancer can make the decision to accept or reject based on this preference.
- The parties should be aware of the impact of the cash payment on other PeachE Policies.
Impact on other PeachE Policies
8.6. The following policies will be impacted by the decision to pay by cash:
- Section 10. Cancellation Policy will not apply to Service Payments. Therefore if the Customer cancels the event then the Freelancer will have no recourse for recovering some or all of the Service Payment related to that booking that would normally apply under the standard PeachE cancellation terms.
- The cancellation policy will still apply to the Service Fee as this is still paid by credit card.
9. Referral Bonus
9.1. All users will be allocated a unique referral code upon sign up that can be viewed in the Refer a Friend tab in their user profile.
9.2. This unique referral code can be emailed to another party. If the other party signs up using this code then both parties will receive a $15 bonus to be used on their next transaction. For a Customer this will result in a discount on their payment. For a Freelancer this will be added to their payout.
9.3. Users can accumulate multiple referrals, however only one referral can be used for each transaction.
10. Cancellation Policy
10.1. This cancellation policy will be enforced to provide protections to both the Customer and the Freelancer and to incentivise both to act in good faith during transactions that take place on PeachE. Users will be provided ample notification and opportunity to view or navigate to the cancellation policies that apply during the transaction process.
10.2. Customers and Freelancers may cancel and review any penalties by viewing their bookings and actioning the ‘Cancel Booking’ option against a specific booking.
10.3. A cancellation is deemed to be official when either party actions the ‘Cancel Booking’ button against the booking in question (which can be found in My Bookings in the Dashboard).
10.4. This cancellation policy may be superseded by other PeachE Policies, as a result of extenuating circumstances or cancellations by PeachE itself.
10.5. If there are extenuating circumstances regarding the decision to cancel then the user must refer to section 11. Extenuating Circumstances. PeachE may decide to waive any cancellation charges due to any unavoidable circumstances.
10.6. The ability to dispute a booking will also be available for two hours after the official end date and time of the Service as per the booking in PeachE. If the parties are not able to come to their own resolution then PeachE can be the mediator between the parties according to section 21. Dispute Resolution.
10.7. An automated review will be posted to a User’s profile after a cancelled booking. These reviews cannot be deleted, but the User can write a public response to clarify the reason for the cancellation.
10.8. This section applies in full to Service Payments and Service Fee payments by credit card. For Service Payments made by cash, Users should refer to section 8. Cash Payments.
Cancellation by a Customer
10.9. More than 5 days: No cancellation charge. The Service Fee and the Service Payment are refunded to the Customer from the Escrow Account.
10.10. Within 5 days: A cancellation charge that is equivalent to Service Fee for the booking. In practice the Service Fee held in the Escrow is retained by PeachE as the cancellation charge and the Service Payment is returned to the Customer.
10.11. Within 24hrs: A cancellation charge that is equivalent to the Service Payment and Service Fee (i.e. no refund). In practice the Service Payment in the Escrow Account is released to the Freelancer upon cancellation and the Service Fee is retained by PeachE.
Cancellation by a Freelancer
10.12. More than 5 days: No cancellation charge. The Service Fee and the Service Payment are refunded to the Customer from the Escrow Account.
10.13. Within 5 days: Cancellation charge equivalent to Service Fee for the booking. The Service Fee and the Service Payment in the Escrow Account is returned to the Customer and PeachE will deduct the cancellation charge from the account of the Freelancer.
10.14. Within 24hrs: Cancellation charge equivalent to the 200 percent of the Service Fee. The Service Fee and Service Payment in the Escrow Account is returned to the Customer and PeachE will deduct the cancellation charge (200 percent of the Service fee) from the account of the Freelancer.
10.15. The calendar for the Freelancer will remain blocked over those times that applied to the cancelled booking.
11. Extenuating Circumstances Policy
11.2. If PeachE determines that a Customer’s or Freelancer’s reason for cancellation falls within section 11. Extenuating Circumstances than PeachE may, at its sole discretion, decide to waive the cancellation term that applies to the party that executed the cancellation.
Valid reasons for cancellation
11.3. PeachE will only consider the following extenuating circumstances:
- Any serious injury or illness that restricts the ability for a Freelancer to perform their services adequately or a Customer’s ability to host their event on the day of the booking.
- The death of the Customer or Freelancer or an immediate family member of the Customer or Freelancer.
- A natural disaster or severe weather event that impacts the location of the event or restricts the ability of either the Customer or Freelancer to safely attend the event.
- Inability of the Freelancer to attend the event or a Customer to host the event due to travel or security restrictions that are issued after the time of booking and is still in force two hours before the booking is expected to begin.
- If a Customer or Freelancer receives a government mandated obligation (such as jury duty) after the time of booking that takes place at the same time as the booking.
• If there is severe damage or inability to host at the location of the event and there is limited time to find an alternate venue.
• A pandemic that is declared by a government accredited or recognised national or international authority within the area that the Service is to be performed.
How to make a claim?
11.4. In order to lodge a claim under this Extenuating Services Policy, a Customer or Freelancer must first cancel the booking(s) they are not able to complete in the My Bookings tab on the PeachE Website, prior to the start date of the booking.
11.5. A claim must be submitted within 48 hours of the cancellation of the booking. The claim must be sent to email@example.com and PeachE will usually require documentation that substantiates the claim (especially those that are due to personal issues).
11.6. If a claim by a Freelancer is accepted by PeachE than it will not impose the cancellation charge on the Freelancer as required under section 10. Cancellation Policy. If a claim by a Customer is accepted by PeachE then it will cancel the payment that is being held in Escrow and waive any cancellation charges that would normally apply to the Customer under the section 10. Cancellation Policy.
12. Payment Policy
12.1. PeachE uses an Escrow Provider (Stripe) to operate its Escrow Account.
12.2. Stripe’s payment processing services are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to this Agreement or continuing to operate as a User on the PeachE website, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of the PeachE website enabling payment processing services through Stripe, you agree to provide PeachE with accurate and complete personal information, and you authorise PeachE to share it and transaction information related to your use of the payment processing services provided by Stripe.
12.3. In those instances where there is an inconsistency between these Terms and Conditions and Stripe’s terms and conditions, in relation to the provision of the Escrow Account, Stripe’s terms will apply.
13. Third Party Services
13.1. PeachE may allow third parties to advertise Third Party Services on its Website, however these services are not provided by PeachE.
13.2. Any Third Party Services are offered to Users based on the terms and conditions of the third party.
13.3. Third Party Services may be advertised on the PeachE Website as Users may be interested in a related service that the Third Party Freelancer offers.
13.4. If a User contracts with a Third Party Freelancer, the agreement will be between the User and the Third Party Freelancer.
14.1. Our policy for performing identity checks is outlined in accordance with Vix Verify verification policies in relation its greenID platform.
14.2. PeachE takes the privacy of its Users of the PeachE website seriously. PeachE also treats the safety of its Users with the same level of regard. To be able to accept or make a booking, PeachE requires each user to be verified by either their license or passport against the Document Verification System (DVS). Further details on the DVS can be found at www.dvs.gov.au. SSL is used to transfer data between PeachE and the third party verification platform.
14.3. In order to be verified by our Third Party Verification Provider we need to capture the following personal information.
- First Name
- Last Name
- Date of Birth
14.4. An identifying government identification that includes either:
- An Australian driver’s license, or
- A Passport (this includes those User who have entered Australia legally with a valid International Passport).
14.6. The Government Identification information will be used to perform a once off identity check to verify your account. This information is not stored in our databases as PeachE is only concerned with whether you are verified against the DVS source databases.
14.7. By providing this information you are confirming that you are authorised to provide these details to us. You are also consenting to PeachE using this information to carry out an identity verification.
Verifying your identity
14.8. PeachE will attempt to verify your account based on the information provided electronically using third party software and will verify your information against the DVS.
14.9. This electronic request will return a result of either ‘Verified’ or ‘In Progress’ to the PeachE Website. We do not receive any other details pertaining to the information you have provided for the identity verification.
14.10. If a result of ‘Verified’ is returned, your PeachE account will be set to ‘Verified’ and you will have full access to all features and functionality within the PeachE Website.
14.11. If a result of ‘In Progress’ is returned, you have failed electronic verification against the DVS. As a result you have the option to email copies of further documentation to firstname.lastname@example.org for manual verification (see section 14.13 below).
14.12. Electronic verification is processed on submitting your Government Identification details. A response will be returned immediately after the submission and the result will be displayed on the screen.
14.13. If you were not unable to be verified electronically, you have the opportunity to email further details for manual verification. PeachE will then be able to manually enter in these details in to the GreenID back office portal. Further identification sources are not limited to health care and Medicare cards.
15.1. PeachE offers a two-way review system that allows Users that transact with each other the ability to review the performance of the other party. The provision of this service is to allow future parties to assess the suitability and reliability of Users on the PeachE Website. Therefore it is important that this feedback is provided in an honest and fair manner.
15.2. If PeachE becomes aware of any feedback that does not comply with its Terms, including its terms in section 16. Misuse of Review System Policy, then it reserves the right to suspend or deactivate any User that breaches these terms.
16. Misuse of Review System Policy
16.1. Reviews are a way for PeachE Customers and Freelancers to share their experiences with other Users of the PeachE Website. Any attempt to use reviews or review responses to force a User to act or behave in a way they aren’t obligated to, or are uncomfortable with, is deemed by PeachE to be a misuse of reviews.
16.2. The situations to which this Policy applies include (but are not limited to):
- Users threatening to use reviews or ratings in an attempt to force a Freelancer to perform acts which they are not willing to do or are not in line with the scope of services in the booking and/or PeachE standards.
- Users demanding a positive review or rating, or to revise a review in exchange for a partial or full refund, or reciprocal review.
- Freelancers must also not offer a free or discounted service in exchange for a Customer revising an existing review.
- Any behaviour or actions which can be intimidating and/or uncomfortable for either party of the booking.
16.3. This policy does not prohibit:
- Users contacting each other with a problem prior to leaving a review.
- Either User from asking the other to leave an honest positive review or rating reflecting a positive experience.
16.4. Customers and Freelancers cannot edit reviews after they are published.
16.5. When posting a review, you agree to follow all PeachE guidelines and policies, including this Misuse of Review System Policy, which PeachE may enforce at our sole discretion. Failure to adhere to any PeachE Policy may result in the restriction, suspension or termination of your PeachE account.
16.6. If you believe that you have experienced a breach of this Policy, please contact us at email@example.com.
17.1. You warrant that the information you provide when agreeing to provide a Service is true and accurate. In turn the Customer warrants that they have been honest and transparent in the type of Service they require.
17.2. You are responsible for ensuring your safety at any booking, and for any personal injury or damage caused by you to Customer or third party.
17.3. Except as otherwise provided in these Terms and Conditions or to the extent that liability cannot be limited or excluded by law, PeachE is not be liable to you for any loss or damage howsoever caused (including loss of profit or opportunity) arising out of or in connection with your use of the Website or the services provided by PeachE (including as a result of you not being able to provide a Service or find a Customer ,or the Customer no longer requiring a Service, or in respect of loss, damage or injury caused by a Customer or third party) whether by way of indemnity or warranty, by statute, in tort (for negligence or otherwise), in restitution or on any other basis in law or equity.
17.4. In situations where Customers require a service that is different than originally contracted into, the Onus is on the Freelancer to negotiate a separate contract and/or not provide the different Service. PeachE will attempt to resolve the dispute, however will not be held liable for any damage or loss, perceived or otherwise.
17.5. You agree to defend, indemnify and hold harmless PeachE, 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 claims relating to loss of or damage to property, or personal injury or death) made by third parties against PeachE arising out of or in connection with your use of the Website or PeachE’s services, or you providing a Service to a Customer.
17.6. You warrant that the information you provide when booking the Freelancer is true and accurate. In turn the Freelancer warrants that they have the right to work and provide Services and hold any required licences for the work conducted within Australia.
17.7. Except as otherwise provided in these Terms and Conditions or to the extent that liability cannot be limited or excluded by law, PeachE is not be liable to you for any loss or damage howsoever caused (including loss of profit or opportunity) arising out of or in connection with your use of the Website or the services provided by PeachE (including as a result of you not being able to obtain Freelancers or as a result of the Freelancers not providing the Service they were contracted for by the Customer, or in respect of loss, damage or injury caused by a Freelancer or third party) whether by way of indemnity or warranty, by statute, in tort (for negligence or otherwise), in restitution or on any other basis in law or equity.
17.8. In situations where Freelancers do not provide an adequate service, PeachE will attempt to resolve the dispute, however will not be held liable for any damage or loss, perceived or otherwise.
17.9. You agree to defend, indemnify and hold harmless PeachE, 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 claims relating to loss of or damage to property, or personal injury or death) made by third parties against PeachE arising out or in connection of your use of the Website or PeachE’s services and the engagement of Freelancers.
19. Modifications to these Terms and Conditions
19.1. PeachE may, at its own discretion, modify these Terms and Conditions or any of its policies over the course of its operations. Notification of any changes will be executed in accordance with the section 20. Notices.
19.2. Modifications to the PeachE Terms and Conditions or any other Policies become effective after 14 days of receiving notice from PeachE. Actively accepting the new terms or its implicit acceptance through the use of the PeachE Website within this 14 day period means that the amended terms are effectively immediately.
20.1. PeachE will at times send notifications to one or more Users of the website via their email address. The purpose of notifications may include to notify all Users of changes to PeachE Terms and Conditions, to notify a User of the result of an extenuating services claim or to inform a User that their account has been suspended.
20.2. A notice will be deemed to have been delivered 24 hours after the email has been sent by PeachE.
21. Dispute resolution
21.1. PeachE relies on its Users to vet the quality, reliability and performance of other Users they have transacted with on the site through a review and feedback process. This peer review process provides a level of confidence that the Customer or Freelancer is a reputable individual that can be relied upon to transact with integrity and honesty.
21.2. However, individuals can have different expectations on how a service is to be performed and sometimes an individual may simply not remember to comply with the requirements as set out in the scope of the services that was agreed upon or does not completely understand the service requirements. PeachE strongly recommends and encourages its Users to specifically define and agree the scope of the service prior to the service being performed (see section 5. Content and Content Management).
21.3. Customers of the PeachE platform must keep in mind that a Freelancer that is chosen by a Customer on the PeachE website is an independent contractor engaged directly by the Customer to perform an agreed upon service. Freelancers on the PeachE platform are not employees of PeachE and therefore PeachE does not provide any assurance over the quality of the service that is delivered. Customers should also note that a dispute should only be raised when the service or a significant element of a service has not been performed in its entirety. The review and feedback process (see section 15. Feedback) should be used in those instances where the quality of the service is not as expected. If the service could not be completed or the event has to be cancelled due to unavoidable circumstances than see section 11. Extenuating Circumstances.
21.4. PeachE can provide assistance in resolving disputes between a Customer and a Freelancer. PeachE strongly recommends that the following steps be taken to resolve any disputes.
Stage 1. Resolve the issue with the other party directly
21.5. The easiest and cost effective approach is to make a concerted effort to resolve the issue directly with the other party. Having an open and honest discussion about the service that was agreed upon and the service that was actually performed will increase the likelihood of reaching a mutual agreement. It will also negate the need to escalate the issue further.
21.6. PeachE can provide assistance if the agreement involves a transfer of a payment from one party to another.
Stage 2. Involve PeachE as a mediator
21.7. If the parties are not able to reach a mutual agreement then PeachE can provide assistance as a mediator. PeachE’s decision will take into consideration the evidence supplied by both parties along with any private messages conducted between the two parties on the PeachE Website.
21.8. The dispute process with PeachE as the mediator can be initiated by emailing PeachE at firstname.lastname@example.org.
Stage 3. Third Party Arbitration
21.9. If the outcome recommended by PeachE through the mediation process is not accepted by both parties, then the parties can choose to take their dispute to a Third Party Arbitration Service. The parties need to be aware that the costs associated with arbitration could be a significant portion of the value of the task and therefore it is in the best interest of either party to reach an agreement before this stage.
22.1. If you breach any term of the PeachE Agreement, we maintain the right to terminate the Agreement and deactivate your account immediately upon giving you notice.
22.2. If a Customer has outstanding bookings at the point of termination, the Customer will forfeit any money held in the Escrow Account and the Freelancer(s) will receive payment(s) based on the terms in section 10. Cancellation Policy.
22.3. If a Freelancer has outstanding bookings at the point of termination, the money in the Escrow Account will be returned to the Customer(s).
23.1. This Agreement is governed by the laws of Queensland and the parties submit to the exclusive jurisdiction of the courts of Queensland.
23.2. Terms which are unenforceable in these PeachE Terms and Conditions and incorporated Policies may be severed to allow the continued operation of the Terms and Conditions.
‘Customer’ means a User that accepts services offered by Freelancers.
‘Document Verification System’ (DVS) is a system that verifies documentation issued by the Australian Government.
‘Escrow Account’ means the escrow account maintained by PeachE for the purpose of receiving payment of Service Fees and Service Payments.
‘Escrow Provider’ means a third party payment provider that manages the Escrow Account.
‘Government Identification’ is a government document that verifies the identity of a User.
‘Payment Brackets’ are the predefined ranges of Service Payment amounts in which a given percentage will be applied to determine the Service Fee. For example, for Service Payments between $250 and $400 (the Payment Bracket) the percentage applied will be 14%.
‘PeachE’ ‘we’ ‘us’ ‘our’ means Peach Entertainment Pty Ltd ACN 617 838 525.
‘PeachE Website’ means the PeachE website at www.peache.com.au.
‘Scope of Services’ are the agreed contract terms between the Customer and the Freelancer for which the Services will be performed.
‘Services’ means the services to be rendered as described by the Freelancer, including any variations or amendments agreed before or subsequent to the creation of a contract.
‘Services Contract’ means the separate contract which is formed between a Customer and a Freelancer for Services.
‘Service Fee’ means the booking fee payable to PeachE by Customers.
‘Service Payment’ means the payment into the Escrow Account made by the Customer at the quoted price for Services by the Freelancer.
‘Freelancer’ means a User who provides Services to Customers.
‘Terms and Conditions’ means these terms and conditions as modified from time to time under section 19. Modifications to these Terms and Conditions, and includes the Policies.
‘Third Party Services’ means a service advertised by a third party (not being PeachE or a User) on the Website.
‘Third Party Arbitration Service’ means a third party dispute resolution service provider used to resolve any disputes between Users.
‘User’ means the person who has signed up to use the Website, whether as a Customer or Freelancer, or both.
‘User Agreement’ or ‘Agreement’ means the agreement between PeachE and a User constituted by the most updated version of the Terms and Conditions.
‘Website’ means the website at www.peache.com.au.
Rules of Interpretation
The following interpretations must be applied in understanding these PeachE Terms and Conditions and all Policies, except where the context otherwise requires:
- a reference to $ indicates Australian currency unless otherwise stated,
- headings are for convenience only and do not affect the interpretation of the Agreement,
- words in the singular includes the plural and vice versa,
- ‘includes’, and similar words, means includes without limitation,
- a reference to a document includes the document as modified, supplemented or replaced from time to time,
- a reference to a statute, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them,
- a reference to a person includes a natural person, joint venture, partnership, body corporate, association, a government or local authority or agency or other legal entity,
- a reference to a party includes the party’s legal personal representatives, successors, assigns and persons substituted by novation,
- any agreement, representation, warranty or indemnity in favour of two or more parties (including where two or more persons are included in the same defined term) is for the benefit of them jointly and severally, and
- a clause in the PeachE Agreement shall not be interpreted to the disadvantage of a party merely because that party drafted the clause or would otherwise benefit from it.
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