Pet Professional Agreement

Pet Professional Agreement


BACKGROUND

A. The Company PetCloud is a marketplace directory and booking website through which Pet Owners come to find and book trusted pet care services.

B. The Company wishes to engage the Sub-contractor to provide the Pet Care Services

AGREEMENT

By registering as a Pet Professional on PetCloud the Subcontractor agrees to the terms and conditions as set out below and as amended from time to time.

Services

The Subcontractor will provide Pet Care services for PetCloud’s Pet Owner Clients. This may include: Pet Sitting, Dog Walking, House Sitting, Doggy Day Care, 24hr Supervision, Home Visits, Pet Taxis, Grooming, Dog Washing, Dog Training, Nail Clipping, Brushing and Dematting.

Term

Ongoing nature of work

PetCloud is not a lead generation site for Subcontractors. The Clients we refer to Subcontractors, must continue to have all their services and extras booked via the platform, infinitely.

Reporting of Referred work, Extensions, Extras, and Future bookings

Whilst the Subcontractor is registered as an Approved Pet Professional Subcontractor with the Company: I will not accept any work from a Client of the Company that excludes PetCloud and I will immediately report to the Company all referrals that I receive from Clients of the Company.

Relationship of the Parties

This agreement does not create a relationship of agency, or create a partnership or joint venture relationship between the Parties.

Independence

The Subcontractor is operating their own business independently of the PetCloud business. The Subcontractor sets their own hours and performs services as specified in online bookings by PetCloud’s Pet Owner Customers and are free to accept or refuse additional work.  

Subcontractor’s Obligations

Receiving of payment

The Subcontractor will receive all payments from the Company via their PetCloud wallet. 

The Company’s Obligations

Basis of payment 

The Subcontractor is paid for a result achieved based on the prices they choose and display on their marketplace listing on PetCloud.

Timing of Payment

The Subcontractor is able to see on screen whether the Pet Owner has paid for the booking up front to PetCloud before the booking begins.

Timing of Payout

Payouts always occur 24 hours after the last minding day of the booking, on a business day.

The amount and method of payment

The amount and method of payment are set by the Subcontractor as per prices for each service in their listing

Collaborative Working

The Parties must:

(a) work collaboratively with one another when performing their obligations under this agreement and undertaking activities related to this agreement;

(b) use reasonable endeavours to communicate with each other and the Client as necessary to develop and maintain collaborative relationships for the delivery of the Services; and

(c) comply with requests or directions of the other party where that request is reasonable and necessary so that the other party can meet its obligations under this agreement or Agreements with Pet Owning Customers.

Notification of Breach

The Subcontractor will never accept cash, as this voids the Owner’s entitlement to Pet Accident Vet Bill Insurance Cover making the Subcontractor liable to pay up to $16,000 in event of a Vet emergency bill and will lead to their PetCloud Marketplace listing being permanently banned. 

Penalty for Breaches

If the Subcontractor breaches PetCloud’s terms and accepts cash, they agree to pay PetCloud within seven (7) days an amount equal to one (1) year’s Fees for each instance of a breach  based  on  the assumption that a Client will be serviced by me once each week for a minimum of one (1) year, which I acknowledge is a reasonable assessment of the loss which will be sustained by PetCloud as a result of my breach. The Subcontractors contact details will be passed onto a debt collection company to pursue.

Work with other companies

The Subcontractor is free to work across as many companies as they choose. However, it is against our agreement to accept cash jobs from PetCloud Clients directly or take PetCloud Clients to another company.

Conflict of Interest

Non-compete

If the Subcontractor ceases working through PetCloud or if their name is removed from PetCloud’s Register of Approved Pet Professional Contractors for any reason, they will not for a period of twelve (12) months from that date accept any work from any Client of PetCloud for whom they have previously provided services.

Subcontracting

Must not subcontract/delegate work

Due to the nature of the work; Basic First Aid training, Animal Handling training, entering Pet Owner’s private homes, Police checks, and NDIS training, our subcontractors are in a high position of trust.

Both Pet Cloud Pty Ltd and the Pet Owner require to know who goes into the homes of Pet Owners and who does the work and therefore, you may not subcontract/delegate or pay someone else to do the work.

No other parties on jobs without written permission

The Subcontractor will always seek the Pet Owner's written permission first before inviting anyone else to visit or stay if they house sit at the Pet Owner's home.

Dispute Resolution

The Company is not responsible for resolving disputes between Pet Owner Customers and Subcontractors.

Insurance

Commercial risks

PetCloud covers every booking with public liability insurance up to $10M.  In the event of a successful insurance claim by a Pet Owner, the Subcontractor is required to pay the Insurer excess fee of $500. 

Indemnity

I agree to indemnify the Company for any loss or damage it suffers or incurs of any kind arising from any defective work that I perform for a Client or that the Company may otherwise suffer or incur if I do any act or thing that brings the name of Pet Cloud Pty Ltd into disrepute.

Warranties

Quality of work

The way in which the Subcontractor does their work while caring for living creatures is governed by the animal legislation in the state or territory in which the subcontractor resides.

The Subcontractor must adhere to each State’s Boarding Code of Practice and uphold the RSPCA’s 5 Freedom’s and Positive Reinforcement.

The Subcontractor is responsible for ensuring the quality of my work and undertakes to immediately and properly rectify, at their own expense, any substandard work for which they are paid. 

If the Subcontractor does not does not do so, or, the Client or PetCloud otherwise requires, then the PetCloud can engage another contractor to do so and charge me the cost of rectification of that substandard work.

Training

The Subcontractor agrees to complete PetCloud’s Pet Professionals Academy training and seek advice via the PetCloud Knowledge Base or staff if they have a question.

Meet and Greets

As advised by RSPCA Vets, the Subcontractor will always have a Meet & Greet with the Pet Owner in person where possible to do a full property tour to share joint responsibility that it is escape-proof and hazard-free and to gauge pet and property compatibility.

Control over the work

The Subcontractor may decline to accept any new work offered by PetCloud at their discretion; working what days and the number of days they want through their Calendar Availability settings.

Quantity of Pets

The Subcontractor can indicate the quantity of pets they can take on for any service in line with their council bylaws and existing number of pets they keep. 

Public Statements and Representations

In performing the Services the Sub-contractor must not make any public statements for or on behalf of the Company or represent itself as an agent, partner, joint venturer or spokesperson.

Restraint from Defamation

I will not at any time during my registration with the Company, or if my name is removed from the Company’s Register of Approved Pet Professional SubContractors for any reason, do or say anything that disrupts, interferes with, threatens or brings to an end the business relationship between the Company and any of its Clients or that would bring the name and reputation of the Company into disrepute or which may cause any damage to the Company.

Confidential Information

The Subcontractor recognises that in performing this agreement it may have access to the Confidential Information and/or intellectual property of the Company or Client, including information concerning the Company’s business.

The Subcontractor must:

(a) treat all Confidential Information as secret and confidential and take all steps necessary to preserve the confidentiality of the Confidential Information; and

(b) not reproduce or permit the disclosure or reproduction of the Confidential Information other than to the extent necessary to perform its obligations under this agreement.

Intellectual Property Rights

All training, print outs, forms, and Client lists are PetCloud’s property. All Clients must remain with PetCloud.

Equipment, tools and other assets

As part of responsible Pet Ownership, every Pet Owner should have basic tools such as leads, collars, ID tags, bowls, brushes, flea shampoos, parasite control, kitty litter trays and scoops, dog waste bags. 

Any additional expenses  required to complete the work such as car back seat waterproof hammocks, it is the Subcontractors responsibility to raise with their Accountant as a potential tax-deduction.

Personal Accidents

Subcontractors are strongly advised to get Personal Accident Insurance to cover medical bills or loss of income while recovering in the event of an accident rendering the Subcontractor unable to work for a period of time.

 

Holidays

Subcontractors are responsible for taking their own holidays, blocking out dates they are unavailable on their Marketplace calendar, and budgeting for paying themselves while on holiday.

Superannuation

Subcontractors are solely responsible for regularly putting aside 10% into their superannuation account for when they retire.

Taxation

Subcontractors are responsible for paying tax and submitting returns to the ATO if they are a company or sole trader and the work they do is not a hobby. 

In control and responsible for Pets at all times

The Subcontractor will never leave pets in the car or tied up outside a shop or let a dog off leash in a public area not designated to off leash dogs.  

The Subcontractor will never take a dog to the dog park as they are a hotspot for fights breaking out and PetCloud's insurance won't cover it.

Cats must be kept securely locked indoors at all times and must never be allowed out to roam or to toilet. They should use a kitty litter tray supplied by the Owner. Unless the Pet Sitter has a part shaded cat outdoor secure netting enclosure.

The Subcontractor will only ever walk a maximum of 3 dogs, and take on an appropriate size of dogs according to their own strength.

Actively discourage spread of disease

The Subcontractor will always sanitise or wash doggy day care toys and cat toys and disinfect hands or wounds after interacting with pets to prevent catching or spreading a zoonosis.

The Subcontractor will never accept bookings for cats while pregnant due to the risk of toxoplasmosis.

Adherence to local council bylaws

The Subcontractor will always adhere to their local council’s bylaws with regard to animal keeping.

Pet Emergencies

The Subcontractor will always call the nearest Emergency Vet as my first course of action if there is a medical emergency and then report it to PetCloud and to the Owner.

Communication

The Subcontractor will always give daily photo updates to the Client via PetCloud & report any changes in stool or pet behaviour to the Pet Owner.

Mature and Responsible

By offering Pet Services through PetCloud, the Subcontractor agrees that they are over 18 years of age or that they have permission and supervision from their parents. PetCloud takes no responsibility for any child who has not requested permission and supervision.

Performance

PetCloud keeps a record of quality and reliability performance statistics of Subcontractors. If the Subcontractor frequently cancels confirmed bookings without any reasonable justifications, PetCloud reserves the right to terminate the Subcontractors account.

No promotion of Subcontractor logos and business on PetCloud

If the Subcontractor runs a Pet Care business through PetCloud, they agree to displaying a clear personal profile picture and agree that they will not display their business name or logo on their listing, since PetCloud is built on personal relationships and trust.

Cessation of working

I will give the Company not less than two (2) weeks written notice if I choose to cease working for the Company or to have my name removed from the Company’s Register of Approved Pet Professional Subcontractors.

Return of Property

The Subcontractor will immediately return Clients’ keys, locks, or garage remotes in their possession if they cease working for Clients of PetCloud. If any of these are lost, then they are solely responsible for the cost of replacing them.

If I cease working for the Company or if my name is removed from the Company’s Register of Approved Pet Professional Subcontractors for any reason, I will not for a period of twelve (12) months from that date accept any work from any Client of the Company for whom I have previously provided services.

Governing Law and Jurisdiction

This agreement is governed by the laws of Queensland, Australia and the Parties agree to irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland.