Draft. These terms are being finalised with a Queensland lawyer, and details in [square brackets] are still to be confirmed. Questions: [email protected]
Get3Q Tradie Terms
Version: draft 0.1, [date]
These terms are between Get 3Q Pty Ltd (ABN 73 703 112 029, ACN 703 112 029) of 23 Buxton Street, North Adelaide SA 5006, trading as Get3Q ("Get3Q", "we", "us"), and the plumbing business that signs up ("you").
1. What Get3Q is
1.1 Get3Q is an online and SMS marketplace. Homeowners describe plumbing jobs. We send each job to local plumbers. The first 3 bids become the customer's quotes.
1.2 We introduce you to customers. We are not a plumbing business. We do not do, supervise or guarantee any work.
1.3 Your contract for the work is directly with the customer. We are not a party to it. The customer pays you directly. We never collect or hold job money.
2. Eligibility and verification
2.1 To receive jobs you must have, and keep current:
(a) a QBCC licence that covers the work you bid on; (b) an active ABN; and (c) public liability insurance of at least $[amount] per claim.
2.2 We check these before your first job. We may ask for evidence at any time, including certificates of currency.
2.3 You must tell us within 2 business days if any of them lapses, is suspended, or changes. You must not bid while it is lapsed.
2.4 We may pause or end your access if we cannot verify these items.
2.5 Checking your documents is for our own platform rules. It does not make us responsible for your licensing or insurance.
3. How jobs are offered
3.1 You can mark yourself as "taking jobs today". Only plumbers marked this way receive job alerts.
3.2 When a customer posts a job, we send it to up to 15 verified local plumbers who are taking jobs today. The alert shows the job details and the suburb. It does not show the customer's name, mobile or street address.
3.3 We choose which plumbers get each alert using factors such as location, availability and account status. We do not promise you any number of jobs.
4. Bidding
4.1 A bid is a fixed price for the job as described.
4.2 You may add one or more price conditions. A price condition must say what might change and by how much. Example: "If the concrete pad needs replacing, +$180."
4.3 The first 3 bids received within 15 minutes of the job being sent become the customer's quotes. Bids after that are not passed on.
4.4 Your bid must be genuine. Do not bid on work you cannot do, are not licensed for, or cannot attend.
4.5 By bidding, you agree that your price, any price conditions, your business name, your quote accuracy score (or "New") and your licence number [check with lawyer whether required] may be shown to the customer.
5. When a customer chooses you
5.1 If the customer chooses your quote, we send you their name and mobile.
5.2 You must phone the customer within 1 hour.
5.3 After you call, tap or text CALLED. This confirms the job and creates a success fee line (clause 7). The customer then receives your number.
5.4 If you do not call within 1 hour, the customer can reply NOCALL. The job then goes to the next-ranked quote. You are released and no fee is charged to you.
5.5 You must honour your quote. If the work matches the job description and none of your stated price conditions apply, you charge the quoted price or less.
6. Conduct
6.1 You must:
(a) be honest and professional with customers; (b) do the work to the standard required by law, including the consumer guarantees under the Australian Consumer Law; (c) comply with QBCC and all other laws that apply to your work.
6.2 You must not:
(a) contact a customer who did not choose you; (b) use details from a job alert to find and approach a customer outside Get3Q; (c) ask or encourage a customer to cancel on Get3Q so you can avoid the fee for that job; (d) mark a job as not going ahead when it did.
6.3 Nothing in these terms stops you doing future work for a customer who chose you through Get3Q. [Open decision: confirm we are happy for repeat work with the same customer to happen off-platform. A broad non-circumvention restriction may be an unfair term.]
7. Success fee
7.1 You pay a flat $29 success fee for each job you win and confirm by tapping or texting CALLED.
7.2 [Open decision: whether the $29 includes GST. This depends on whether Get3Q is registered for GST, which depends on turnover. The final terms must state it clearly.]
7.3 There are no subscriptions, no lead fees, and no fee for bidding or losing.
7.4 No job, no fee. If a confirmed job does not go ahead, you can void that fee line. The customer can also void it by reporting a no-show. [Open decision: the window for voiding, e.g. before the invoice is due.]
7.5 We may check voided lines with the customer. If a job did go ahead, we may reinstate the fee and treat the false void as a breach.
8. Invoicing and payment
8.1 We invoice weekly on Fridays for confirmed fee lines that have not been voided.
8.2 Invoices are due 7 days after the invoice date.
8.3 If an invoice is unpaid after its due date, we will pause your job alerts until it is paid. We will tell you by SMS or email before this happens. [UCT check]
8.4 Pausing alerts is our only automatic consequence for late payment. We will not charge late fees or interest unless these terms are changed under clause 15. [Open decision: confirm. Card on file instead of invoices is also being considered.]
8.5 If you dispute a fee line, tell us before the due date. We will not pause your alerts over an amount that is under genuine dispute.
9. Quote accuracy
9.1 After each job, we ask the customer one question: did the final bill match the quote?
9.2 A job is matched if the customer paid the quoted price or less.
9.3 A job is not matched if the customer paid more, unless the quote listed a price condition and the customer confirms that condition was the reason. In that case it counts as matched.
9.4 Jobs that did not go ahead, or where you did not show, are not counted in your score.
9.5 Your quote accuracy is the share of your scored jobs that were matched.
9.6 Until you have 5 scored jobs, you are shown as "New" and treated as 90% for ranking.
9.7 Quotes are ranked by an effective price:
effective price = price × (1 + (100 − accuracy%) ÷ 50)
At 100% accuracy your price is used as is. At 90% it is multiplied by 1.2. At 50% it is multiplied by 2.
9.8 With 5 or more scored jobs:
(a) 90% or higher: no restriction; (b) 50% to 89%: you can keep bidding but you will rank lower; (c) below 50%: your account is suspended.
10. Disputing a score
10.1 You can dispute any customer answer within [14] days of being told about it.
10.2 Send us your quote, the final invoice and anything else relevant (photos, messages).
10.3 We will review it, may ask the customer, and will tell you the outcome and the reason within [10] business days.
10.4 Outcomes: the answer stands; it is changed to matched; or it is removed from your score.
10.5 We will not remove or change an answer just because it is negative. We only change it where the evidence shows it is wrong or a stated price condition applied.
10.6 Before a suspension under clause 9.8(c) takes effect, we will tell you and give you [7] days to dispute any answers that pushed you below 50%. [Open decision: the system currently suspends automatically when a score drops below 50%. Decide whether suspension should wait for disputes, and how a suspended plumber can be reinstated.]
11. Reviews and ratings
11.1 You must not:
(a) pay, reward or offer anything to a customer for their answer; (b) pressure, threaten or mislead a customer about their answer; (c) answer on the customer's behalf, or submit answers for jobs that did not happen; (d) ask the customer to report a job as "didn't go ahead" when it did.
11.2 Breaching clause 11.1 is a serious breach. We may remove affected answers, suspend you, or end these terms.
12. Insurance and liability [UCT check]
12.1 You are responsible for your work, your staff and subcontractors, and your dealings with customers.
12.2 You must keep the insurance in clause 2.1(c) for as long as you use Get3Q.
12.3 You indemnify Get3Q against third-party claims, losses and costs to the extent they are caused by:
(a) your work; (b) your negligence or wilful misconduct; or (c) your breach of these terms or of the law.
Your liability under this clause is reduced to the extent Get3Q caused or contributed to the loss.
12.4 Get3Q is responsible for its own platform and its own breaches of these terms. Except for liability that cannot be excluded by law, our total liability to you under these terms is limited to the fees you paid us in the 12 months before the claim. [Lawyer to confirm this cap is reasonable and mutual enough.]
12.5 Nothing in these terms excludes rights you have under the Australian Consumer Law that cannot be excluded.
13. Customer details and privacy
13.1 When a customer chooses you, you receive their name and mobile (and later their address if they give it to you).
13.2 You may use these details only to quote for, do, invoice and support that job, and to meet your legal record-keeping obligations.
13.3 You must not use them for marketing, sell or share them, or add them to a mailing list without the customer's separate consent.
13.4 You must keep them secure and delete them when you no longer need them for clause 13.2.
13.5 Tell us promptly if you think customer details have been lost or misused.
13.6 Our privacy policy explains how we handle your information.
14. SMS and email
14.1 By signing up, you consent to receiving job alerts, job updates, invoices and account messages from Get3Q by SMS and email.
14.2 Reply STOP to stop SMS from us. This also stops job alerts, so you will not receive jobs while it is in place. Reply START to resume.
14.3 We will only send you marketing messages if you have agreed to them, and every marketing message will tell you how to unsubscribe.
15. Changes to these terms [UCT check]
15.1 We may change these terms, including the fee, by giving you at least [30] days' notice by email or SMS.
15.2 If you do not agree with a change, you can end these terms before it takes effect. You only pay fees for jobs confirmed before then.
15.3 Changes do not apply to jobs already confirmed before the change takes effect.
16. Term and termination
16.1 These terms start when you sign up and continue until ended.
16.2 You can end them at any time by telling us. Fees for jobs already confirmed remain payable.
16.3 We can end them by giving you [14] days' notice.
16.4 We can suspend or end your access immediately if:
(a) your licence, ABN or insurance lapses or cannot be verified; (b) you commit a serious breach (including clauses 6.2, 11.1 or 13); (c) there is a genuine risk to customer safety; or (d) you are suspended under clause 9.8(c).
16.5 We will tell you the reason for any suspension or termination.
16.6 Clauses 7 and 8 (for fees already incurred), 12 and 13 survive termination.
17. General
17.1 These terms are governed by the laws of Queensland. Each party submits to the courts of Queensland.
17.2 You are an independent business. Nothing in these terms makes you our employee, agent or partner.
17.3 If any part of these terms is unenforceable, the rest still applies.
17.4 Notices go to the email or mobile on your account, and to us at [email protected].
17.5 If we have a dispute, we will first try to resolve it by talking. Either party can then refer it to [mediation / the Queensland Small Business Commissioner – lawyer to advise].