Painter Network Participation Agreement

1. What you are applying for, and what is currently available

You are applying to be listed on our internal register of independent painting businesses. Applying is free. Being accepted is free.

Customer introductions and the public painter directory are currently unavailable, and no customer contact details are being passed to any painter. Accepting this agreement does not entitle you to work, enquiries, introductions or a public listing, and none of those will begin without a further decision by us and a further notice to you.

• Applying is not approval, certification, endorsement or recommendation.
• Approval does not publish your details anywhere, and does not create any obligation on us to send you work.
• We will tell you by email what happens to your application.

2. You are an independent business

You take part as an independent business. Nothing in this agreement makes you an employee, contractor, agent, partner or representative of VALORA, and you must not describe yourself as any of those.

You decide whether to quote on any job, what to charge, how to carry out the work, and who you employ or engage to help you.

• You are not entitled to wages, superannuation, leave, insurance cover or workers' compensation from us.
• You must not enter into any commitment on our behalf, or hold yourself out as able to.
• You may say you are a member of the VALORA painter network while this agreement is on foot, and must stop if it ends.

3. What you are responsible for

You are responsible for everything about your own business and your own work. That is not a formality — it is the basis on which we are able to introduce anybody to you at all.

• Holding, maintaining and renewing every licence, registration and permit your work requires, in every place you work.
• Holding and maintaining the insurance your work requires, and being able to produce a current certificate of currency on request.
• The truth and currency of everything you tell us, including licence numbers, insurance details, experience, service areas and the work you say you do.
• Your quotes, your contracts, your pricing, your workmanship, your materials, your timeframes and your rectification of defects.
• Work health and safety for yourself, your workers and anyone else affected by your work.
• Your own tax, superannuation and record-keeping obligations, including your Australian Business Number.
• Telling us promptly if a licence or insurance policy you have declared to us lapses, is cancelled, is suspended or changes materially.

4. What VALORA does not check

We record the licence, insurance and experience details you give us exactly as you provide them. We do not independently verify them, and we do not present them to anybody as verified.

Nothing we do amounts to a check of your competence, your safety practices, your financial standing or your suitability for any particular job. A customer must make their own assessment, and we tell them so.

• We are not your insurer, your licensing authority, your auditor or your supervisor.
• You must not tell a customer, or imply to one, that VALORA has verified, vetted, accredited or approved you, your licence, your insurance or your work.
• If we ever begin verifying something, we will tell you what we check and how often, and this agreement will be updated to say so.

5. Your contract with the customer is yours

Any painting work is contracted directly between you and the customer. VALORA is not a party to it, does not manage it, and takes no commission or margin on it.

You must give the customer a written quote before starting work, and must meet whatever contract, deposit, cooling-off and documentation requirements apply to residential building work where you operate.

• Payment for your work is arranged between you and the customer. We do not collect, hold or remit it.
• Disputes about price, scope, timing, quality or damage are between you and the customer.
• A guarantee or warranty you offer on your own work is yours, not ours, and you must not describe it as a VALORA guarantee.

6. Customer information

If a customer's details are ever provided to you through the network, they are provided for one purpose only: contacting that customer about that job. This clause is the reason this agreement exists, and it is the clause we will enforce first.

Personal information about a customer stays subject to the Privacy Act 1988 in your hands as well as ours, and you are responsible for your own compliance with it.

• Do not use a customer's details for marketing, newsletters, promotions or any unrelated approach.
• Do not sell, rent, trade, share or otherwise disclose them to anybody else, including other trades, suppliers, lead brokers or marketing services.
• Do not add them to a mailing list, a customer database or an advertising audience.
• Do not keep them for longer than you need them for that job and for your own legal record-keeping obligations, and destroy or de-identify them once that period ends.
• Do not contact a customer again about unrelated work once the job is finished or declined, unless they ask you to.
• If a customer asks you to stop contacting them, stop, and tell us.

7. Data security and reporting an incident

You must keep any customer information you receive secure, and take reasonable steps to protect it from loss, misuse, interference and unauthorised access, disclosure or modification.

If something goes wrong with customer information you hold — it is lost, exposed, accessed by somebody who should not have it, or sent to the wrong person — you must tell us as soon as you become aware, and in any event within 24 hours. Tell us even if you think it is minor, and even if you have already fixed it.

• Report it to valorapacific8@gmail.com, with what happened, when, whose information is involved and what you have done.
• Do not wait until you have investigated it fully, and do not delete anything that would help work out what happened.
• Cooperate with us in assessing whether the Notifiable Data Breaches scheme applies, and in notifying anybody who has to be notified.
• If you receive information about somebody who is not your customer, tell us and delete it — do not read further, use it or pass it on.

8. What you submit to us

Anything you give us — business details, a description of your work, photographs, logos — must be yours to give, and must be accurate.

• Only submit photographs you own or have permission to use, and that you have permission to publish where a person's property, work or likeness appears in them.
• Do not submit anybody else's trademark, business name, logo or copyrighted material without their permission.
• Do not submit a customer's personal information, address or documents as part of your portfolio.
• You keep ownership of what you submit; you allow us to store it, review it and — only if you separately opt in and we separately publish it — display it.
• We may decline, remove or stop displaying anything you submit, at any time, without having to give a reason.

9. Complaints, incidents and cancellations

If a customer complains to us about your work, conduct or safety, we may pass the complaint to you and ask for your response. You must respond promptly and deal with the customer directly and in good faith.

You must tell us promptly about a safety incident, an injury, significant property damage, an insurance claim, or any regulatory action or licence condition that arises from work you took on through the network.

• You must tell us if you cancel or withdraw from a job you accepted, and when.
• We may record complaints, incidents and outcomes against your entry on our register, and use them in deciding whether you continue to take part.
• We may tell a customer that we have passed their complaint on, and what our own role was and was not.
• Nothing here makes us responsible for resolving a dispute between you and a customer.

10. Suspension, removal and ending this agreement

You may stop taking part at any time, for any reason, by telling us. We will remove your entry from the register and stop any listing, and we will not charge you for leaving.

We may suspend or end your participation at any time, with or without reason, by telling you. Where we can, we will say why.

• We will act immediately where we believe a licence or insurance has lapsed, information given to us is untrue, customer information has been misused, or somebody's safety is at risk.
• Ending your participation does not end a contract you already have with a customer, and does not affect their rights or yours under it.
• Clauses 6 and 7 continue to apply to customer information you already hold, for as long as you hold it.
• We keep your application, its history and any complaint record after you leave, for the period set out in our internal retention schedule and any period the law requires.

11. Fees

There is no fee to apply, no fee to be accepted, no lead fee, no commission and no subscription. We are not charging you anything under this agreement.

We will not start charging a fee by changing a page or sending a notice. Any fee would require a new version of this agreement, told to you in advance, and accepted by you before it applied — and until you accepted it, no fee could be charged.

• We do not take a percentage of your quote, your invoice or your payment.
• We do not hold, process or remit money between you and a customer.
• Nothing in this agreement authorises a direct debit, a card charge or a deduction of any kind.

12. Your rights that cannot be excluded

Nothing in this agreement excludes, restricts or modifies any right, guarantee, warranty or remedy that applies under the Australian Consumer Law or any other law and that cannot lawfully be excluded, restricted or modified.

If a term of this agreement would have that effect, it does not apply to the extent that it would, and the rest of the agreement continues to operate.

• Nothing here prevents you from making a complaint to a regulator or from seeking your own legal advice.
• Nothing here requires you to give up a right you have as a small business or as a consumer of any service we supply to you.

13. Governing law

This agreement is governed by the law of Queensland, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Queensland and the courts able to hear appeals from them.

If you work in another state or territory, the law of that place still applies to your licensing, your safety obligations and your work; this clause is about this agreement, not about your trade obligations.

• We will try to resolve a disagreement with you directly and in good faith before anybody goes anywhere else.

14. Changes to this agreement

This agreement is versioned. The version you accepted is recorded with your application, together with the language you read it in and the date and time we recorded it.

If we change the wording, that is a new version. We will tell you, and we will ask you to accept the new version. Until you accept it, the version you accepted is the one that applies between us.

• We will not treat silence, or your continued participation, as acceptance of a new version.
• You can ask us at any time for a copy of the version you accepted.

15. Who we are, and how to contact us

VALORA PACIFIC PTY LTD — ABN 81 698 730 031, trading as VALORA.

Email valorapacific8@gmail.com for anything about this agreement, your application, a customer-information incident, or to stop taking part.

• Our Privacy Policy explains how we handle your own personal information as an applicant.
• Our Terms of Sale cover paint you buy from us, which is a separate relationship from this one.