Terms and Conditions

  • The Contracting Parties

In using this WOFO Application or Website or other platform (App) you are bound by the following terms and conditions (Terms) as they relate to the contractual relationship between WOFO (the Provider) and the party requiring (Principal) labour, work, services (Services) and the party providing services (Contractor). 

Use of this App is acceptance of these terms and such acceptance cannot be withdrawn.

 

  • Amendment of Terms

WOFO may amend the terms at any time on giving reasonable notice on its App and subsequent use of the App is deemed acceptance of these amended terms. 

 

  • Terms of Contracting Agreement and Rates of Payment and Costs payable.

These terms and rates and costs are those agreed to by the parties (Contracting Agreement) through acceptance in terms of the Apps protocols for signifying acceptance by all parties.

 

  • Legal Status of the Agreement and the Parties.

WOFO is a providing a cost-based conduit agreement (Conduit Services) for the Principal and the Contractor to negotiate, accept and provide services on terms of their contracting agreement.

 

  • Obligations of WOFO

WOFO will establish and maintain the App as a conduit to enable the Principal and Contractor to negotiate, accept and provide contracting services on such terms and conditions as they may from time to time agree.  WOFO shall facilitate payments agreed to be made in terms of the Contracting Agreement

 

  • WOFO Rights and Exclusion of Liability

WOFO may at any time terminate the contractual relationship it has with any of the parties for any reason it deems appropriate and no claim shall be maintained by the Principal or Contractor relating to such termination.

 

  • WOFO may rebrand relaunch or modify its App at any time.

 

  • The Principal shall not have any proprietary rights in respect of the App and neither may use the WOFO logo without the prior agreement of WOFO first obtained.

 

  • WOFO may make available to relevant public government agencies such information it readily holds as may be lawfully requested relating to (inter alia)

  • payments made or received by the parties including source and application of same,

  • health and safety information held relative to the Principal or Contractor,

  • address and contact details of the Principal and Contractor. Including IRD/ATO numbers

 

 

  • If the WOFO conduit service has been accessed through applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices these third parties are not parties to this contract and are not responsible or liable in any manner.

 

  • The conduit services and all rights relating to same area and shall remain WOFO’s property, neither these terms nor the use of the conduit services convey or grant any rights to the Principal or Contractor.

 

  • Principal and Contractor to register and maintain an account with WOFO

The Principal and Contractor must register with WOFO and maintain an active user services account with WOFO (“Account”). All parties must be of legal age to contract and undertake the obligations of Principal and Contractor (if in New Zealand this age is 18), If the Principal or Contractor is a company governance of the company must be undertaken by persons of age of legal majority. 

 

Account registration requires you to submit to WOFO certain banking details and personal information, including but not limited to a copy of current Government issued Photo ID such as Drivers Licence or Passport in your name, a copy of a current utility bill confirming your advised address, your New Zealand IRD or Australian ATO  number, email address, mobile phone number and age confirmation if not disclosed on your government issued photo ID, as well as at least one valid payment method for Principals either a credit card or accepted payment partner. For Contractors a verifiable banking account must be supplied for crediting of the payments due and payable by the principal. The parties agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired Government issued Photo ID or non-verified payment or receipt methods on file, may result in your inability to access and use the conduit services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by WOFO in writing, you may only possess one Account.

 

The Conduit Service is not available for use by persons under the age of 18. You may not authorise third parties to use your Account.  You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Conduit Services, and you may only use the Conduit Services for lawful purposes. You will not, in your use of the Conduit Services, cause nuisance, annoyance, inconvenience, or property damage, whether to WOFO or any other party or to third parties. In certain instances, you may be asked to provide additional proof of identity to access or use the Conduit Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or additional proof of identity.

You agree to accept Text Messaging (SMS) and/or email (utilising the current mobile phone or email address you have supplied) as lawful service. 

 

On completion or termination of a Service the Principal and Contractor shall upload through their account commentary and feedback related to the Service provided by the other parties (User Comments) and agree these comments may be published through the app and be available to third parties. You agree to provide truthful User Comments and not provide User Comments that are determined by WOFO in its sole discretion to be unlawful, defamatory, hateful, racial, misogynistic, violent, obscene, pornographic, or otherwise offensive whether or not such material may be protected by law.

 

WOFO may, (but shall not be obligated to, review, monitor, or remove User Comments whether at the request of any party or otherwise) in its sole discretion and at any time and for any reason, without notice to you remove user comments.

  • Payment for Services to the Contractor and Payments to WOFO

The payments and charges in relation to the contracting agreement are those the parties have agreed in terms of the Contracting Agreement.

On completion of a contracting agreement or termination of a Service WOFO will facilitate payment as agreed between the Principal and the Contractor in terms of the Contracting Agreement.

Payments to contractors will be exclusive of any Government or Local authority taxes or withholding payments including GST, Income Tax, Duty’s, ACC levies. (Contractors agree to keep WOFO advised as to the account they require funds to be deposited into and to provide such information as WOFO may require to enable WOFO to comply in full with the terms and obligations it may have (if any) under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (NZ) or The Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Aust),

The Principal agrees and undertakes to have in place a current bank direct debit accessible by WOFO to enable WOFO to facilitate in a timely manner the payment of the Principals current and continuing obligations to the Contractor under the contracting agreement. Payments made pursuant to the contracting agreement are final and non-refundable, unless otherwise determined by WOFO.

Payments to be made by the principal pursuant to the contracting agreement   are payable immediately and will be facilitated by WOFO using the preferred payment method designated in the principals Account, after which WOFO will send the principal a receipt by email. If the primary Account payment method is determined to be expired, invalid, overdrawn or otherwise not able to be charged, you agree that WOFO may instruct collection agencies to collect defaulting payment/s the costs of which shall be an additional cost payable by the defaulting party.

The Contractor agrees and undertakes to have in place a current  banking account that can be funded by WOFO and in the event funds are not able to be credited to this account such funds shall be held by WOFO  interest free until a secondary payment method is put in place provided always in the event the contractor has not instituted a receipting bank account that can be credited within 30 days of the date the payment was to have been made the net funds payable will be returned to the Principal.

On no account

    • Shall cash be accepted or paid by WOFO. All receipts and payments have to be made to and from the parties verifiable bank accounts, credit cards or accepted payment partners

    • Will WOFO be liable in respect of late or non-payment by the Principal to the Contractor.

 

  • Liability of WOFO

WOFO is a providing a Conduit Service for the Principal and the Contractor to negotiate, accept and provide services on terms and rates the parties agree and accept through the use of this App.  WOFO will not be liable 1.     to the parties or 

  • anyone claiming through the parties

  • or any third party

 

for any claims, losses, costs, or damages whatsoever arising out of, resulting from or in any way related to the conduit service it provides  for any damage or services or omissions of the Principal or Contractor.

 

  • Liability of the Principal and Contractor.

Nothing in these terms shall absolve or limit liability between the Principal and Contractor to each other.