WASTER/REFER - Referral ProgramTerms and Conditions
These are the terms and conditions (Terms) for the following benefits provided by Waster Pty Ltd to its Partners:
• The Waster/Refer (Partner Program)
There are also general terms that apply to the program, including definitions for some capitalised terms.
Please read this document carefully. If you participate in the program, then you agree to be bound by these Terms and any changes we make to these Terms from time to time. Unless expressly stated otherwise, any clause references within the document are references to clauses within that same Section.
These terms and conditions relate to the Waster/Refer referral program.
- Interpretation: In these terms and conditions
- “the Company, We, Us, Our, Waster” means Waster Pty Ltd (waster.com.au), its contractors and its
- “the Referral Partner” means the person, firm or corporation who registers to perform referral activities to Waster. If there are two or more persons or entities referred to as “the Referral Partner”, then such persons or entities shall be bound by the provisions of this “agreement”
- “service” means any commercial activities provided to customers by Waster.
- “agreement” means these terms and conditions and related provisions which shall be read and constructed together. Should there be any inconsistency between these terms and conditions and provisions overleaf, these terms and conditions shall
- “referred site” or “site” shall mean the location to be quoted or serviced as agreed.
- “The Referral Partner” who agrees to these terms and conditions warrants that they have the authority to enter into this agreement for the relevant “services” and “site/s”. Unless otherwise permitted by Waster, interested persons must apply for program membership by completing the form provided. All decisions regarding membership are determined by Waster in its sole discretion. Waster may specify eligibility criteria for program membership. Such criteria will be made available to applicants (e.g. specified on the program application form). Waster reserves the right to waive or amend these criteria as it sees fit. Current members will be notified if they must take further action to meet revised eligibility criteria to continue their membership in the program. You must immediately notify Waster in writing of any change to the details that you provided in applying for a program membership.
- Pricing for services is determined by agreement between Waster and "the site".
- Waster can change or alter pricing with site at any time.
- The Term. Both parties agree that commission payments are paid for 6 monthly invoice periods from delivery of bins to the site. No payment is made after 6 monthly invoice periods elapse. This refers to first 6 monthly invoices only. If services do not occur every month (such as grease trap cleaning)– the referral term still elapses after 6 calendar months.
- Jurisdiction. If you accept these Terms in Australia then these Terms are governed by the laws of New South Wales and the courts of New South Wales have jurisdiction over the parties to these Terms. If any part of these Terms is void, unenforceable or illegal in a certain jurisdiction, that part does not apply in that jurisdiction. However, the remainder of these Terms will continue in operation in that jurisdiction unless to do so would alter the basic agreement between you and Waster, in which case either party can terminate your participation in the Program at its election.
- Relocating Premises. If the site relocates to a new premise(s), unless “We” decide otherwise, the “service” under this agreement shall continue to apply at the new premise(s) with commission paid to Referral Partner from original start date – i.e. start date is not reset at new location.
- ABN of Referral Partner. All referral partners must have a current ABN to register with Waster. Sites referred must have a different ABN to the referral partner.
- Privacy. We collect, disclose and use your Personal Information to follow up on referred leads you have submitted and associated support, respond to your enquiries or feedback and to promote the products and services offered by us and third parties. We may collect Personal Information from you, from public sources such as social media sites or from third parties that provide us with marketing leads. To provide quotes to referred sites, we may provide limited personal information (as provided by you) to the sites you have referred. You consent to us collecting, using and disclosing your private information as above.
- Commission calculation: To be eligible for a Commission payment you must make a ‘successful referral’. This means that a client must pay for an eligible Waster service using a quote generated by you as the referring Partner. Waster pays referral partner 15% of gross amount collected from referred site for eligible services. For example – if Waster bills referred site $1000+GST per calendar month for eligible services – the commission payable to referral partner is $150. If the referral partner is registered for GST – the GST component will also be paid. A one of commission payment of $3 is made for every qualifying referral - even if the site does not sign up for Waster services.
- Tax provisions. All Rewards and other benefits are quoted exclusive of any GST, unless expressly stated
otherwise. Where applicable, GST will be added at the current rate.
- Relationship between Waster and referral partner. The relationship between Waster and referral partner is an arms length commercial relationship between two ABN registered entities. The relationship is not an employment relationship. Nothing in these Terms shall constitute any appointments of employment or agency by Waster and save for the specific rights conferred under the Terms, no further special rights or legal relationship shall be bestowed upon either party. Any development, discovery, commercial advantage or intellectual property that arises from your participation in the programs shall remain the property of Waster.
- Cancellation of “service” by referred site. Referred sites can cancel services with Waster on 30 day notice for any reason. If services are cancelled prior to 6 months elapsing, commission payments cease. For example, if referred site cancels after 4 months services; Waster pays commission to referral partner for 4 months only. This does not impact the initial $3 commission payment as above.
- Payment options. Initial payment of $3 for qualifying referrals will be made c. 2 weeks after submission. Commission payment will be made by Waster for Waster/Refer qualifying services rendered by:
- Payment within 30 days after receipt of monies from qualifying referred site. Note – commission payments are made when payment from referred site is received only.
- Payment is made by electronic payment into provided bank account.
- Referral partners who are customers of Waster may select commission to be credited against their waste and recycling bills.
- Sites to be referred once only. A site can only be referred once to Waster/Refer. Waster will check the ABN provided prior to confirming the site qualifies. If the site was previously referred by another partner, received a quote from Waster or had been provided services by Waster previously it will not qualify as a referral site. In all cases, a site is determined by it’s unique ABN.
- Information to be submitted with site referral. Referral partners are encouraged to submit as much information as possible when registering site referral. Qualifying referrals receive $3 commission payment. Referrals can be made by submitting an email with the information below to [email protected] or via online form. Basic info required is:
- Contact name
- Site address
- Business name
- Business ABN – current ABN (different to referral partner ABN)
- Services required i.e. bin sizes, waste types, schedule
- Classification of type of business.Any other relevant information is also suggested that will increase likelihood of quotation being accepted by site. This could include photos of bins, prices currently paying to other supplier etc.
- Acceptance of referral by site: to qualify for referral program, referred sites must accept and agree that they have been referred by referrer – either by scanning QR code, written confirmation via email, verbal communication or other method in good faith.
- Default or lack of payment by referred site. Commission is paid at 15% of payments received by Waster from referred site (net of GST). Commission is paid after payment received by referred site. If referred site is placed on stop service or credit hold (i.e. services are suspended due to slow payments), commission payments are also ceased. If referred site is sent to third party debt collection for unpaid bills, any monies recovered by said debt collection are not subject to commission payments.
- Elements that commission does not apply to. Commission applies to collection services only and does not apply to provision or sales of equipment, maintenance, removal fees, lock replacements etc. The current list of product and services that attract Commission can be obtained by emailing us at [email protected] Please be aware that Waster can update this list at any time with notice to you.
- Confidentiality - For the purpose of this clause, Confidential Information means any information, data, practices, systems (including computer systems), know-how, techniques and intellectual property relating to a party's business and its customers, suppliers and competitors which is supplied or disclosed by a party (“supplier”) to the other party (“recipient”). All Confidential Information disclosed by the supplier to the recipient or its directors, employees, officers, agents, advisers or contractors ("associates") is disclosed on terms of strict confidence, prohibiting any further disclosure or use not authorised by these Terms.
- Cancellation or alteration. Waster reserves the right to cancel or alter these terms and conditions at any time and for any reason. Waster does not guarantee that any program will continue indefinitely or for any particular period of time. Waster reserves the right to accept or reject any applications for referral partner registration. Waster reserves the right to cancel referral partner registrations at any time and for any reason including unprofessional conduct to be determined by Waster. All benefits are determined by Waster and may be amended at any time by providing notice to you.
- Professional conduct. Partners must conduct themselves at all times in a manner which does not demean or damage the
reputation of Waster, its products or services. Partners must provide satisfactory answers within 14 days to any complaints made to Waster concerning the provision of your referral services and, in the event that Waster considers the complaint justified, take such action or make such restitution reasonably requested by Waster.
- Inappropriate activity. Without limiting any other clause in these Terms, if Waster determines (acting reasonably) that you have engaged, or attempted to engage, in any inappropriate activity, Waster may terminate your participation in any program and take any action it considers necessary. Without limitation, the following conduct may be considered inappropriate activity: applying what could be considered unreasonable pressure on a client or potential client to complete a purchase, in order for you to secure a benefit; encouraging Waster clients to cancel and then reapply for a product or service (so called ‘churning’); any other inappropriate method of driving referrals or any other benefit.
- Force majeure. In the event that any circumstances beyond our reasonable control (including without limitation climatic conditions, a strike, lockout, industrial dispute or shortage of materials) prevent “Us” or our subcontractors from being able to perform an obligation under this “agreement”, this “agreement” may be suspended by “Us”. In such circumstances you are precluded from making a claim against “Us”.
- “The Referral Partner” agrees to:
- Act in a professional manner at all times.
- Not share or offer to share any referral payment with referred site.
- Not attempt to sell products or services or arrange contract / agreement with referred site. Referral partners are only to seek site agreement to receive a quote from Waster.
- Not act as a referral partner or sales representative for any organisation competing directly or indirectly for waste and recycling services with Waster.
- Arrange any required insurances on their own behalf in their normal travel and interactions.
- “Liability and indemnity":
- “Waster” is not liable to “the referral partner” for matters arising out of the services provided or the rendering of the “service
- “The Referral partner” indemnifies “the Supplier” against all liabilities, actions, claims, demands, costs and suits (including legal costs) to or by any person or entity for any breach by “the supplier” of this agreement and any matter or thing arising during this referral agreement.
- The referral partner has no legal relationship with referred sites and no claim or associated liability in that regard.
- All representations, conditions, warranties and terms that would otherwise be expressed or implied in these Terms by general law, statute or custom are expressly excluded (to the extent that such representations, conditions, warranties and terms can be excluded at law).
- You indemnify us against any Loss or Claim suffered or incurred arising from your negligence, misrepresentation, fraud, breach of law or breach of these Terms.
- To the extent permitted by law, our liability to you for any non-compliance with a statutory guarantee or Loss or Claim arising out of or in connection with the supply of goods or services under these Terms or any breach by us of these Terms however arising (whether for breach of these Terms, tort (including negligence), statute, custom, law or on any other basis) is limited to commission payable for eligible referral services during the eligible period.