Jase Ess is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.
We have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The NPPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.
A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at www.aoic.gov.au
What is Personal Information and why do we collect it?
Personal Information is information or an opinion that identifies an individual. Examples of Personal Information we collect include: names, addresses, email addresses, phone and facsimile numbers.
This Personal Information is obtained in many ways including interviews, correspondence, by telephone calls and facsimile, by email, via our website www.jaseess.com, from your website, from media and publications, from other publicly available sources, from cookies and from third parties. We don’t guarantee website links or policy of authorised third parties.
We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing.
When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.
Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual's racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.
Sensitive information will be used by us only:
• For the primary purpose for which it was obtained
• For a secondary purpose that is directly related to the primary purpose
• With your consent; or where required or authorised by law.
Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.
Disclosure of Personal Information
Your Personal Information may be disclosed in a number of circumstances including the following:
• Third parties where you consent to the use or disclosure; and
• Where required or authorised by law.
Security of Personal Information
Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification or disclosure.
When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of 7 years.
Access to your Personal Information
You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing. In order to protect your Personal Information, we may require identification from you before releasing the requested information.
Jase Ess will not charge any fee for your access request, but may charge an administrative fee for providing a copy of your Personal Information. This fee covers the cost of providing the information to you, the method of delivery and the materials used to supply it.
The 2023 Administrative Fee is: AU $99.00
Maintaining the Quality of your Personal Information
It is an important to us that your Personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.
This Policy may change from time to time and is available on our website.
Updated: Friday March 3rd, 2023
STANDARD CONDITIONS OF AGREEMENT
The following are standard conditions of agreement when working with Jase Ess and are non-negotiable.
1. Meeting Frequency
The contract shall stipulate that the freelancer is required to participate in a fixed number of meetings, either weekly or monthly, as agreed upon by both parties at the outset of the contract.
This number will be based on project requirements and availability, with the understanding that any additional meetings may necessitate a renegotiation of terms, including compensation and timelines.
2. Handling Last-Minute Revisions/ Requests
In the event of last-minute revisions or requests, the freelancer will assess the impact on the project's scope and timeline.
If the revisions or requests fall within the initially agreed scope, they will be addressed in a timely manner. However, if they constitute a significant change, a discussion will be required to adjust deadlines, deliverables, and possibly remuneration. The freelancer reserves the right to decline such requests if they do not align with the initial agreement or if they are not feasible within the existing timeline and workload.
3. Overdue Payments
If a payment is overdue by more than the number of days specified in the payment terms (e.g., 30 days from the invoice date), the freelancer will cease work until the payment is received. Interest may be charged on the overdue amount at a rate specified in the contract, from the due date until the date of payment. The freelancer also reserves the right to take legal action for the recovery of the debt.
4. Payment Default.
In the event a payment is not made as of the fourteenth day after an invoice is sent to Client (a "Payment Default") in addition to any other remedies available in law or equity:
(a) a late fee of 5% on all past due amounts will become due as of the date of the Payment Default,
(b) interest calculated at the lesser rate 1.5% per month or the maximum rate allowable by law on all past due amounts shall accrue and become due, and
(c) if such Payment Default exceeds 7 days, Service Provider may, with prior notice to Client, suspend the provision of the Services until the Payment Default is rectified by Client. If the Payment Default is not rectified within thirty (30) days after invoice is provided to Client, then it will be deemed an uncured material breach and Service Provider may terminate this Agreement pursuant to Section 14.
5. Legal Jurisdiction
The contract will clearly define that any legal actions or proceedings arising from or related to the contract shall be brought exclusively in the jurisdiction where the freelancer's headquarters are located. This clause ensures that any disputes will be settled in a court or tribunal that is geographically convenient for the freelancer, minimising the complexities and costs associated with out-of-state or distant legal proceedings.
6. Independent Service Provider Status
Service Provider is an independent Service Provider, and neither Service Provider nor Service Provider's employees or contract personnel are, or shall be deemed, Client's employees. In its capacity as an independent Service Provider, Service Provider agrees and represents, and Client agrees, as follows:
Service Provider has the right to perform services for others during the term of this Agreement.
Service Provider has the sole right to control and direct the means, manner, and method by which the Services required by this Agreement will be performed.
Service Provider has the right to hire assistants as sub-service providers or to use employees to provide the Services required by this Agreement.
Neither Service Provider nor Service Provider's employees or contract personnel shall be required to wear any uniforms provided by Client.
The Services shall be performed by Service Provider, Service Provider's employees, or contract personnel, and Client shall not hire, supervise, or pay 20.3 l any assistants to help Service Provider.
Neither Service Provider nor Service Provider's employees or contract personnel shall receive any training from Client in the professional skills necessary to perform the services required by this Agreement.
Neither Service Provider nor Service Provider's employees or contract personnel shall be required by Client to devote fui time to the performance of the services required by this Agreement.
7. Terminating the Agreement
This Agreement may be terminated at any time upon the occurrence of any of the following events:
A. Termination for Breach.
Either party may terminate this Agreement upon the material breach (which shall include any breach of payment terms) of any provision of this Agreement by the other party if such breach is not cured by the breaching party within fifteen (15) days (or such additional time reasonably necessary to cure such breach as agreed by the parties in writing provided the breaching party has commenced a cure within the fifteen (15) day period and is diligently pursuing completion of such cure) after receipt by the breaching party of written notice of such breach.
B. Termination by Agreed End Date.
Once the end date of the agreed period of work has been achieved, automatic termination comes into place. The freelancer will ensure that all client owned materials, equipment, computers, telephones, iPads etc are returned within fifteen (15) days of the end date.