INDEPENDENT CONTRACTOR AGREEMENT
This Agreement is made between Service Integrity Pty Ltd (ABN 53107407607, PO Box 3005, Balgownie, 2519, Australia) (“Service Integrity” or “Company”) and the undersigned mystery shopper (“Contractor”). By registering as a mystery shopper and accepting assignments via our web portal, you agree to these terms.
1. Scope of Work
- Voluntary Assignments: You choose assignments on our web portal. Each assignment involves following our provided instructions to conduct customer service or audit evaluations.
- Flexibility: You decide whether to accept an assignment and when to complete it (within the provided window). You can cancel any accepted assignment at any time without penalty.
2. Payment Terms
- Fees: You’ll be paid the agreed fee per assignment upon successful completion in accordance with our guidelines.
- Expense Reimbursement: Some assignments may include reimbursement for approved expenses up to a specified limit, as detailed before you accept the assignment.
- Payment Date: Payments are made on the 15th of the following month.
3. Independent Contractor Status
- Your Status: You are an independent contractor. Nothing in this Agreement creates an employment relationship, partnership, or joint venture.
- No Employee Benefits: You will not receive workers’ compensation, superannuation, leave, or any other employee benefits.
4. Intellectual Property
All intellectual property, including questionnaires and related materials, remains the exclusive property of Service Integrity.
5. Confidentiality
- Sensitive Information: The questionnaires, client identities, and any market-sensitive details are confidential.
- Non-Disclosure: You must not share any details of the assignments with clients, their employees, or the public.
6. Conditions for Payment
Payment is contingent on following all guidelines and providing truthful, accurate responses. Failure to comply will result in non-payment for that assignment.
7. Term and Termination
- No Fixed Term: There is no ongoing contract or fixed term; your participation is assignment-by-assignment.
- Termination: Either party may terminate this relationship at any time, for any reason.
8. Governing Law
This Agreement is governed by the laws of New South Wales, Australia.
9. Tax Responsibilities
- Your Responsibility: You are solely responsible for your tax obligations. Service Integrity does not deduct taxation, Medicare, superannuation, or any type of leave because you are an independent contractor.
- Advice: We strongly advise you to seek your own independent tax advice.
10. Indemnification
You agree to indemnify and hold harmless Service Integrity, its officers, directors, employees, and agents from any claims, damages, or liabilities arising from your actions or omissions under this Agreement.
11. Subcontractor Oversight
If you choose to subcontract any portion of the work, you remain fully responsible for ensuring that your subcontractors comply with the terms of this Agreement. Any breach by a subcontractor is your responsibility.
12. Limitation of Liability
In no event will Service Integrity be liable for any indirect, incidental, consequential, or punitive damages (including lost profits), even if advised of the possibility of such damages. Our total liability under this Agreement shall not exceed the fees paid to you for the relevant assignment.
13. Assignment Timing and Liability
- Assignment Timing: Service Integrity does not require you to complete an assignment at a specific time or day. You may review an assignment, accept it later, and complete it at your convenience, provided it is within the designated window.
- Submission Window: You may submit your results any time between the end of your visit and the following day.
- Liability: Service Integrity is not liable for any accidents or mishaps that occur between the time you first review an assignment and when you submit your final results.
- Visit Purpose: Service Integrity does not verify whether your visit to a location was solely for the assignment or part of your routine activities. For example, if you perform a mystery shop during your regular grocery shopping, we make no determination as to whether the visit was primarily for mystery shopping or would have occurred regardless.
14. Fraudulent Activity
- Misrepresentation: If you are found to be falsifying your identity in any way—including through the use of multiple logins or similar actions—any assignments associated with such activity will be immediately terminated.
- Forfeiture of Payment: No payment will be made for assignments linked to fraudulent activity.
- Banning: You will be banned from further assignments with Service Integrity.
15. Entire Agreement
This Agreement represents the complete understanding between you and Service Integrity regarding your participation. It supersedes all previous communications or agreements. Any modifications must be in writing and signed by both parties.
By registering as a mystery shopper and accepting assignments via our web portal, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement.
