Terms & Conditions
LAST UPDATED 01 July 2025
The "Hire a Bicep" Terms & Conditions outline "Hire a Bicep" and Your obligations and responsibilities on the "Hire a Bicep" App.
The terms and conditions clarify the process required to formalise the completion of tasks.
"Hire a Bicep" operates an online app allowing Users to post tasks & connect through the "Hire a Bicep" App with other Users who provide Services.
Please read these terms and all Policies including the "Hire a Bicep" Guidelines and Privacy Policy carefully before using the "Hire a Bicep" App.
These Policies are incorporated into this Agreement by reference.
1. SCOPE OF "Hire a Bicep" SERVICES
Basic Principles
1.1 "Hire a Bicep" provides the "Hire a Bicep" App to enable Posters to publish Posted Tasks.
1.2 Biceps may make an Offer in response to a Posted Task. Some parts of Offer details may be made publicly available, including to internet users who are not Users.
1.3 A Poster may revoke or modify a Posted Task at any time before he/she accepts an Offer. "Hire a Bicep" reserves the right to cancel all Offers on a Posted Task made prior to the modification.
1.4 If a Poster accepts an Offer on the "Hire a Bicep" App, the Posted Task is assigned to that particular Bicep. At this point, a Task Contract is created between the Bicep and the Poster.
1.5 Upon creation of a Task Contract, the Poster must pay the Agreed Price for the Posted Task to "Hire a Bicep".
1.6 Upon creation of the Task Contract, "Hire a Bicep" has rendered "Hire a Bicep" Services and the Booking Fee is due and payable.
1.7 Once the Task Contract is created, the Bicep and Poster may vary the Task Contract on the "Hire a Bicep" App. The Poster and Bicep are strongly encouraged to use "Hire a Bicep"’s private messaging system to amend or vary the Task Contract (including the Agreed Price) or to otherwise communicate.
1.8 Once the Services are complete, the Poster will be notified and must respond by either releasing payment or disputing that the task has been completed. Should a response not be received from the Poster within 7 days, the task will be automatically deemed to have been completed satisfactorily and (subject to any restrictions noted below in paragraph 1.9) payment will be released to the Bicep.
1.9 Following confirmation by both the Bicep and the Poster that the Posted Task has been completed, or if "Hire a Bicep" is satisfied the Services have been completed, subject to any restrictions (e.g. a dispute or failure to complete required verification processes), the Bicep Service Fee will be payable and the Bicep Funds will be released by "Hire a Bicep" to the Bicep.
1.10 It is important that any Task should be able to be completed within 30 days. After 30 days Stripe will finalise the Task and automatically release the funds to the Bicep even if the Task is yet to be completed.
1.11 After the Task Contract is completed, the parties are encouraged to review and provide feedback of the Services on the "Hire a Bicep" App.
Private Tasks
1.12 "Hire a Bicep" may also provide a Bicep Profiles feature enabling Biceps to publish Offers for Services.
1.13 "Hire a Bicep" may publish Bicep Profiles from time to time in its absolute discretion.
1.14 A Poster may request to book a Bicep by clicking on the “Send Private Task’ button and completing the booking request. The Bicep may then make an offer to perform the Task. When using the “Send Private Task” feature, a Task Contract is created when the Poster accepts the offer made by the Bicep and the Task is assigned to that Bicep.
1.15 A Bicep may revoke or modify its Bicep Offer at any time before a Poster accepts a Bicep’s offer.
2. "Hire a Bicep"’s ROLE AND OBLIGATIONS
2.1 "Hire a Bicep" provides the "Hire a Bicep" Service in consideration for the Booking Fee and the Bicep Service Fee
2.2 "Hire a Bicep" only permits individuals over 18 years of age to become Users.
2.3 Users must be natural persons, but can specify within their account description that they represent a business entity.
2.4 In its absolute discretion, "Hire a Bicep" may refuse to allow any person to become a User or cancel or suspend or modify any existing account including if "Hire a Bicep" reasonably forms the view that a User’s conduct (including a breach of this Agreement) is detrimental to the operation of the "Hire a Bicep" App.
2.5 No charges apply in respect of the following actions on the "Hire a Bicep" App:
a. Registering and creating an account;
b. Creating a Posted Task;
c. Users accessing and reviewing content on the "Hire a Bicep" App, including Posted Tasks.
2.6 "Hire a Bicep" accepts no liability for any aspect of the Poster and Bicep interaction, including but not limited to the description, performance or delivery of Services.
2.7 "Hire a Bicep" is not responsible for, and does not warrant the truth or accuracy of any aspect of any information provided by Users, including, but not limited to, the ability of Biceps to perform tasks or supply items, or the honesty or accuracy of any information provided by Posters or the Posters’ ability to pay for the Services requested.
2.8 Except for liability in relation to any Non-excludable Condition, the "Hire a Bicep" Service is provided on an “as is” basis, and without any warranty or condition, express or implied. To the extent permitted by law, we and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
2.9 "Hire a Bicep" has no obligation to any User to assist or involve itself in any dispute between Users, although may do so to improve the User experience.
2.10 You understand and agree that:
a. "Hire a Bicep" does not undertake any investigation in relation to any Bicep or third party service provider before they become a User, including criminal checks, verification of qualification or license held, or any character or other checks of the suitability of a Bicep or third party service provider to perform any task which they may claim to be able to provide on the app;
b. You are solely responsible for conducting any appropriate background checks and obtaining references, licenses, certifications, or proof of insurance prior to engaging a Bicep to perform services;
c. You are solely responsible for making your own evaluations, decisions and assessments about choosing a Bicep; and
d. Assume all risks and you agree to expressly release, indemnify and hold harmless "Hire a Bicep" from any and all loss, liability, injury, death, damage, or costs arising or in any way related to the services.
3. USER OBLIGATIONS
3.1 You will at all times:
a. comply with this Agreement (including all Policies) and all applicable laws and regulations;
b. only post accurate information on the "Hire a Bicep" App;
c. ensure that You are aware of any laws that apply to You as a Poster or Bicep, or in relation to Your use of the "Hire a Bicep" App.
3.2 You agree that any content (whether provided by "Hire a Bicep", a User or a third party) on the "Hire a Bicep" App may not be used on third party sites or for other business purposes without "Hire a Bicep"’s prior written permission.
3.3 You must not use the "Hire a Bicep" App for any illegal or immoral purpose.
3.4 You must maintain control of Your "Hire a Bicep" account at all times. This includes not allowing others to use Your account, or by transferring or selling Your account or any of its content to another person.
3.5 You grant "Hire a Bicep" an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the "Hire a Bicep" App for the purpose of publishing material on the "Hire a Bicep" App and as otherwise may be required to provide the "Hire a Bicep" Service, for the general promotion of the "Hire a Bicep" Service, and as permitted by this Agreement.
3.6 You agree that any information posted on the "Hire a Bicep" App must not, in any way whatsoever, be potentially or actually harmful to "Hire a Bicep" or any other person. Harm includes, but is not limited to, economic loss that will or may be suffered by "Hire a Bicep".
3.7 Without limiting any provision of this Agreement, any information You supply to "Hire a Bicep" or publish in an Offer or a Posted Task (including as part of an Offer) must be up to date and kept up to date and must not:
a. be false, inaccurate or misleading or deceptive;
b. be fraudulent or involve the sale of counterfeit or stolen items;
c. infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
d. violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);
e. be defamatory, libellous, threatening or harassing;
f. be obscene or contain any material that, in "Hire a Bicep"’s sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images; or
g. contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any "Hire a Bicep" App, including, but not limited to viruses, trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or Personal Information.3.8 The "Hire a Bicep" App may from time to time engage location-based or map-based functionality. The "Hire a Bicep" App may display the location of Posters and Biceps to persons browsing the "Hire a Bicep" App. A User should never disclose personal details such as the Poster’s full name, street number, phone number or email address in a Posted Task or in any other public communication on the "Hire a Bicep" App.
3.9 If You are a Bicep, You must have the right, licence or all other necessary skills (as applicable) to provide the relevant Services contracted under a Task Contract and the right to work in the jurisdiction where the Services are performed. You must comply with tax and regulatory obligations in relation to any payment (including Bicep Funds and account verification) received under a Task Contract.
3.10 You must not, when supplying Services, charge a Poster any fees on top of the Bicep Funds. However, the parties to a Task Contract may agree to amend the Agreed Price through the "Hire a Bicep" App.
3.11 You must not request payments outside of the "Hire a Bicep" App from the Poster for the Services except to the extent permitted by clause 3.12 and only if the "Hire a Bicep" App does not facilitate the reimbursement via the Payment Account of costs considered in clause 3.12.
3.12 If a Bicep agrees to pay some costs of completing the Services (such as equipment to complete the Services), the Bicep is solely responsible for obtaining any reimbursement from the Poster. Correspondence in respect of agreeing to these additional costs should be carried out on the "Hire a Bicep" App. "Hire a Bicep" advises Biceps not to agree to incur costs in advance of receiving the payment for these costs, unless the Bicep is confident the Poster will reimburse the costs promptly.
3.13 For the proper operation of the "Hire a Bicep" App (including insurance, proper pricing and compliance with Policies), the Bicep must ensure that, provided the Customer provides its prior written consent to the subcontracting of any part of the performance of the Task Contract to a third party, then that third party must also be a registered User of the "Hire a Bicep" App.
3.14 If "Hire a Bicep" determines at its sole discretion that You have breached any obligation under this clause 3 or that You have breached one or more Task Contracts, it reserves the rights to remove any content, Posted Task or Offer You have submitted to the "Hire a Bicep" Service or cancel or suspend Your account and/or any Task Contracts.
4. PRICING, FEES AND PAYOUTS
4.1 A Booking Fee is payable to "Hire a Bicep" in respect of bookings made on the App. When a Poster accepts a Bicep’s offer, the Task is assigned to that Bicep and a Task Contract is formed between the two parties. At this time the Poster will be charged the Agreed Price plus the Booking Fee as consideration for the Poster’s use of the "Hire a Bicep" Services.
4.2 Separate to the Booking Fee charged to the Poster, a Bicep is charged a Bicep Service Fee as consideration for the Bicep’s use of the "Hire a Bicep" Services.
4.3 At such time that the Poster releases the Task Payment to the Bicep, the Bicep Service Fee (will be deducted from the Task Payment) and the Booking Fee (separately paid by the Poster) will be retained by "Hire a Bicep".
4.4 The Booking Fee and the Bicep Service Fee are not GST inclusive.
4.5 Subject to clause 4, all Fees payable to "Hire a Bicep" are non-cancellable and non-refundable, save for Your rights under any Non-Excludable Conditions.
4.6 If "Hire a Bicep" introduces a new service on the "Hire a Bicep" App, the Fees applying to that service will be payable from the launch of the service.
4.7 "Hire a Bicep" reserves the right to amend the amount of any Fees (including the Booking Fee and Bicep Service Fee) from time to time and any changes will be updated on "Hire a Bicep"’s website.
4.8 Offer prices When you make an offer, it must represent the total amount for that task.
4.9 No partial payments Any offers made on your task should be for the full scope of the task. When you accept an offer, that is the final amount that you are obligated to pay (in addition to the Booking Fee). Tasks offering partial payment, including sales and commission-based tasks, are not permitted and will be moderated and/or removed.
4.10 Escrow Account For safety reasons, cash payments are not supported on the "Hire a Bicep" app. Instead, to ensure that you are paid in full "Hire a Bicep" securely holds the task funds received from the poster until you mark the task as complete. Funds are held in escrow by our partner Stripe. This ensures that payouts are held safely and paid out in full at the completion of the Task.
4.11 Accurate banking details To ensure seamless payment of funds, please ensure your banking details always remain up to date in your Account Settings.
4.12 Cancellation Fee: As set out in the "Hire a Bicep" cancellation policy below, if you cancel a task after a Bicep has assigned it to you and are found responsible for that cancellation, you will be charged a Cancellation Fee that will be deducted from your next payment.
Bicep Service Fees
4.14 At "Hire a Bicep" we believe in transparency. That is why our fees are readily available and easy to understand. Our Bicep Service fees are charged at the completion of the task and deducted from the Bicep payment.
5. PAYOUTS, REFUNDS AND CANCELLATIONS
5.1 If the Task Contract is cancelled for any reason (by a Poster, a Bicep or under this Agreement) prior to the commencement of the Task Contract, then if "Hire a Bicep" is reasonably satisfied that the Agreed Price (and if applicable, the Booking Fee) should be returned to the Poster then those amounts (as applicable) will be refunded to the Poster by "Hire a Bicep" and a Cancellation Fee will be due to "Hire a Bicep" by the User who the cancellation of the Task Contract is attributable to under clause 5.7 or 5.8.
5.2 If the Poster is responsible for the cancellation of the Task Contract (see clause 5.8), the Booking Fee will be retained by "Hire a Bicep".
5.3 If the Bicep is responsible for the cancellation of the Task Contract (see clause 5.7), "Hire a Bicep" will deduct the Cancellation Fee from the Bicep’s next payout request (or from multiple payout requests, until the Cancellation Fee is fully paid see below).
5.4 Cancellation Fees deducted from Biceps payout requests are capped at the value of the Booking Fee (currently capped a $25).
5.5 Upon request by the relevant Customer submitted to "Hire a Bicep" Support, "Hire a Bicep" may refund the Agreed Price (and Booking Fee, as applicable) to the Poster’s original payment method.
5.6 Any amount returned by "Hire a Bicep" to a Poster on behalf of a Bicep under clause 5.1 will be a debt owed by the Bicep to "Hire a Bicep" and may be offset by "Hire a Bicep" against any other payments owed at any time to the Bicep.
5.7 Any outstanding Cancellation Fee owed by a User under clause 5.1 will be a debt owed by that User to "Hire a Bicep" and may also be offset by "Hire a Bicep" against any other payments owed at any time to the User.
5.8 Cancellation of a Task Contract will be attributable to the Bicep where:
a. the Poster and the Bicep mutually agree to cancel the Task Contract; or
b. following reasonable but unsuccessful attempts by a Poster to contact a Bicep to perform the Task Contract, the Task Contract is cancelled by the Poster; or
c. the Bicep cancels the Task Contract; or
d. a Task Contract is cancelled in accordance with clause 3.14 as a result of the Bicep’s actions or breach.
5.9 A Cancellation of a Task Contract will be attributable to a Poster where:
a. the Poster cancels the Task Contract (other than in accordance with clause 5.8(b); or (b) a Task Contract is cancelled in accordance with clause 3.14 as a result of the Poster’s actions or breach. (c) a Task has been automatically cancelled in accordance with clause 4.5 of Appendix A Model Task Contract terms.
5.10 If the parties agree to any additional cancellation fee payable under the Task Contract, it is the responsibility of the party aggrieved to claim any amount owed directly from the other.
5.11 "Hire a Bicep"’s payment provider Stripe may take up to 10 business days to process the return of the Agreed Price (less the Cancellation Fee, if applicable) to the Poster as "Hire a Bicep" Credits or to process (following a request from a Poster) a refund to the Poster’s original payment method.
5.12 If, for any reason, the Bicep Funds cannot be transferred or otherwise made to the Bicep or returned to the Poster (as the case may be) or no claim is otherwise made for the Bicep Funds, the Bicep Funds will remain in the Payment Account until paid or otherwise for up to 90 days from the date the Poster initially paid the Agreed Price into the Payment Account.
5.13 Following the 30 days referred to in clause 5.12, and provided there is still no dispute in respect of the Bicep Funds, the Bicep Funds will be credited to the Poster as "Hire a Bicep" Credits.
5.14 If the Task Contract is cancelled and a User who is party to the Task Contract can show that work under a Task Contract was commenced, then the amount of the Agreed Price to be returned to the Poster will be conditional upon the mediation and dispute process in clause 18. However, the Cancellation Fee will always be due in accordance with clause 5.1.
5.15 "Hire a Bicep" may suspend a User Account in its sole discretion for repeated Cancellations or a completion rate under 87%.
6. PAYMENT FACILITY
6.1 "Hire a Bicep" uses Stripe as our Payment Provider to operate the Payment Account.
6.2 In so far as it is relevant to the provision of the Payment Account, the terms at https://stripe.com/ssa/ are incorporated into this Agreement and will prevail over this Agreement to the extent of any inconsistency in relation to the provision of the Payment Account.
6.3 If "Hire a Bicep" changes its Payment Provider You may be asked to agree to any further additional terms with those providers. If you do not agree to them, you will be given alternative means of payment.
7. VERIFICATION
7.1 "Hire a Bicep" may use Identity Verification Services.
7.2 You agree that "Hire a Bicep" Identity Verification Services may not be fully accurate as all "Hire a Bicep" Services are dependent on User-supplied information and/or information or Verification Services provided by third parties.
7.3 You are solely responsible for identity verification and "Hire a Bicep" accepts no responsibility for any use that is made of an "Hire a Bicep" Identity Verification Service.
7.4 "Hire a Bicep" Identity Verification Services may be modified at any time.
7.5 The "Hire a Bicep" App may also include a User-initiated feedback system to help evaluate Users.
8. INSURANCE
8.1 "Hire a Bicep" does not offer any insurance policies for the following reasons
"Hire a Bicep" cannot guarantee that any insurance it acquires or which is offered via the "Hire a Bicep" App is adequate or appropriate for any particular User.
"Hire a Bicep" fees would invariably be higher if it were to offer insurances.
It is not rationale for "Hire a Bicep" to offer insurances and charge higher fees, when those insurance may not be adequate or appropriate for users.
8.2 Biceps should make their own assessments about what if any insurances they may require in order to perform their tasks, including any legal obligations.
8.3 Each Poster must make their own enquiries about whether any insurance is required and Biceps remain responsible for ensuring that they have, and maintain, sufficient insurance to cover the Services provided to other Users of the "Hire a Bicep" App.
9. PRIVACY
9.1 Third Party Service providers will provide their service pursuant to their own Privacy Policy. Prior to acceptance of any service from a third party, you must review and agree to their terms of service including their privacy policy.
9.2 "Hire a Bicep" will endeavour to permit you to transact anonymously on the "Hire a Bicep" App. However, in order to ensure "Hire a Bicep" can reduce the incidence of fraud and other behaviour in breach of the Community Guidelines, "Hire a Bicep" reserves the right to ask Users to verify themselves in order to remain a User.
10. MODIFICATIONS TO THE AGREEMENT
10.1 "Hire a Bicep" may modify this Agreement or the Policies (and update the "Hire a Bicep" pages on which they are displayed) from time to time. Where "Hire a Bicep" make material modifications, we will send notification of such modifications to Your "Hire a Bicep" account or advise You the next time You login.
10.2 When You actively agree to amended terms (for example, by clicking a button saying “I accept”) or use the "Hire a Bicep" App in any manner, including engaging in any acts in connection with a Task Contract, the amended terms will be effective immediately. In all other cases, the amended terms will automatically be effective 30 days after they are initially notified to You.
10.3 If You do not agree with any changes to this Agreement (or any of our Policies), You must either terminate your account or You must notify "Hire a Bicep" who will terminate Your "Hire a Bicep" account, and stop using the "Hire a Bicep" Service.
11. NO AGENCY
11.1 No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular, You have no authority to bind "Hire a Bicep", its related entities or affiliates in any way whatsoever. "Hire a Bicep" confirms that all Third-Party Services that may be promoted on the "Hire a Bicep" App are provided solely by such Third Party Service providers. To the extent permitted by law, "Hire a Bicep" specifically disclaims all liability for any loss or damage incurred by You in any manner due to the performance or non-performance of such Third-Party Service.
12. NOTICES
12.1 Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to "Hire a Bicep"’s contact address as displayed on the "Hire a Bicep" App, or to "Hire a Bicep" Users’ contact address as provided at registration. Any notice shall be deemed given:
a. if sent by email, 24 hours after email is sent, unless the User is notified that the email address is invalid or the email is undeliverable, and
b. if sent by pre-paid post, three Business Days after the date of posting, or on the seventh Business Day after the date of posting if sent to or posted from outside the jurisdiction in which You have Your "Hire a Bicep" App account.
12.2 Notices related to performance of any Third Party Service must be delivered to such third party as set out in the Third Party Service provider’s terms and conditions.
13. MEDIATION AND DISPUTE RESOLUTION
13.1 "Hire a Bicep" encourages You to try and cooperate with the other User to try and make a genuine attempt to resolve disputes (including claims for returns or refunds) with other Users directly. Accordingly, You acknowledge and agree that "Hire a Bicep" may, in its absolute discretion, share Your information with other parties involved in the dispute.
13.2 "Hire a Bicep" may elect to assist Users resolve disputes. Any User may refer a dispute to "Hire a Bicep". You must co-operate with any investigation undertaken by "Hire a Bicep". "Hire a Bicep" reserves the right to make a final determination (acting reasonably) based on the information supplied by the Users and direct the Payment Provider to make payment accordingly. You may raise your dispute with the other User or "Hire a Bicep"’s determination in an applicable court or tribunal.
13.3 "Hire a Bicep" has the right to hold any Agreed Price that is the subject of a dispute in the Payment Account, until the dispute has been resolved.
13.4 "Hire a Bicep" may provide access to a Third Party Dispute Service. If such a service is provided, either party may request the other party to submit to the Third Party Dispute Service if the parties have failed to resolve the dispute directly. Terms and conditions for the Third-Party Dispute Service will be available on request. The Third-Party Dispute Service is a Third Party Service and Users are responsible for paying any costs associated with the Third Party Dispute Service in accordance with the Third Party Dispute Service terms and conditions.
13.5 Disputes with any Third Party Service provider must proceed pursuant to any dispute resolution process set out in the terms of service of the Third Party Service provider.
13.6 If You have a complaint about the "Hire a Bicep" Service please contact us.
13.7 If "Hire a Bicep" provides information about other Users to You for the purposes of resolving disputes under this clause, You acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will be responsible and liable to "Hire a Bicep" for any costs, losses or liabilities incurred by "Hire a Bicep" in relation to any claims relating to any other use of information not permitted by this Agreement.
14. TERMINATION
14.1 Either You or "Hire a Bicep" may terminate your account and this Agreement at any time for any reason.
14.2 Termination of this Agreement does not affect any Task Contract that has been formed between "Hire a Bicep" Users.
14.3 Sections 4 (Fees), 13 (Limitation of Liability) and 18 (Mediation and Dispute Resolution) and any other terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement.
14.4 If Your account or this Agreement are terminated for any reason then You may not without "Hire a Bicep"’s consent (in its absolute discretion) create any further accounts with "Hire a Bicep" and we may terminate any other accounts You operate.
15. GENERAL
15.1 The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
15.2 This Agreement may be assigned or novated by "Hire a Bicep" to a third party without your consent. In the event of an assignment or novation the User will remain bound by this Agreement.
15.3 This Agreement sets out the entire understanding and agreement between the User and "Hire a Bicep" with respect to its subject matter.
APPENDIX A:
MODEL TASK CONTRACT
The terms used in this Task Contract have the meaning set out in the "Hire a Bicep" Glossary. A Task Contract is created in accordance with the "Hire a Bicep" Agreement. Unless otherwise agreed, the Poster and the Bicep enter into a Task Contract on the following terms:
1 COMMENCEMENT DATE AND TERM
1.1 The Task Contract is created when the Poster accepts the Bicep’s Offer on a Posted Task to provide Services.
1.2 The Task Contract will continue until terminated in accordance with clause 7.
2 SERVICES
2.1 The Bicep will perform Services in a proper and workmanlike manner.
2.2 The Bicep must perform the Services at the time and location agreed.
2.3 The parties must perform their obligations in accordance with any other terms or conditions agreed by the parties during or subsequent to the creation of the Task Contract.
2.4 The parties acknowledge that the Task Contract is one of personal service where the Poster selected the Bicep to perform the Services. Therefore, the Bicep must not subcontract any part of the Services to any third party without the Poster’s consent.
2.5 The Bicep always remains responsible and liable to the Poster for any acts or omissions of a subcontractor as if those acts or omissions had been made by the Bicep.
3 WARRANTIES
3.1 Each party warrants that the information provided in the creation of the Task Contract is true and accurate.
3.2 The Bicep warrants that they have (and any subcontractor has) the right to work and provide Services and hold all relevant licences in the jurisdiction where the Services are performed.
4 PAYMENT OR CANCELLATION
4.1 Upon the creation of the Task Contract, the Poster must pay the Agreed Price into the Payment Account.
4.2 Upon the Services being completed, the Bicep will provide notice on the "Hire a Bicep" App.
4.3 The Poster will be prompted to confirm the Services are complete. If the Bicep has completed the Services in accordance with clause 2, the Poster must use the "Hire a Bicep" App to release the Bicep Funds from the Payment Account.
4.4 If the parties agree to cancel the Task Contract, or the Poster is unable to contact the Bicep to perform the Task Contract, the Bicep Funds will be dealt with in accordance with the User’s "Hire a Bicep" Agreement.
4.5 In the event that a Task:
a. has been assigned for 30 days; and
b. is inactive for 7 days beyond the due date for that Task (i.e. inactive means where there has been no communication between the parties through the "Hire a Bicep" App or the Task has not been subject to any reschedule request), the Task will be automatically cancelled, and the Task Payment will be returned to the Customer, and the Booking Fee will be retained by "Hire a Bicep".
5 LIMITATION OF LIABILITY
5.1 Except for liability in relation to a breach of a Non-excludable Condition, the parties exclude all Consequential Loss arising out of or in connection to the Services, and any claims by any third person, or the Task Contract, even if the party causing the breach knew the loss was possible or the loss was otherwise foreseeable.
5.2 Subject to any insurance or agreement to the contrary, the liability of each party to the other except for a breach of any Non-Excludable Condition is capped at the Agreed Price.
6 DISPUTES
6.1 If a dispute arises between the parties, the parties will attempt to resolve the dispute within 14 days by informal negotiation (by phone, email or otherwise).
6.2 If the parties are unable to resolve the dispute in accordance with clause 6.1, either party may refer the dispute to "Hire a Bicep" and act in accordance with clause 18 of the "Hire a Bicep" Agreement.
7 TERMINATION OF CONTRACT
The Task Contract will terminate when:
a. the Services are completed and the Agreed Price is released from the Payment Account;
b. a party is terminated or suspended from the "Hire a Bicep" App, at the election of the other party;
c. otherwise agreed by the parties or the Third Party Dispute Service; or
d. notified by "Hire a Bicep" in accordance with the party’s "Hire a Bicep" Agreement.
8 APPLICATION OF POLICIES
The parties incorporate by reference the applicable Policies.
9 GOVERNING LAW
The Task Contract is governed by the laws of the jurisdiction where the Posted Task was posted on the "Hire a Bicep" App.
APPENDIX B:
TERMS
1. Terms
the following terms will also apply to or may vary this Agreement to the extent specified:
a. a reference to “A$”, “AUD”, “$A”, “dollar” or “$” is to Australian currency;
b. “"Hire a Bicep"” means "Hire a Bicep" Pty Ltd ACN 685 273 081;
c. “ACL” means the Australian Consumer Law;
d. “Consumer Guarantees” means the consumer guarantees contained in Part 3-2 of the ACL;
e. “Personal Information” has the same meaning given to it in the Privacy Act 1988 (Cth);
f. This Agreement is governed by the laws of New South Wales, Australia. You and "Hire a Bicep" submit to the exclusive jurisdiction of the courts of New South Wales, Australia; and
g. The following is added as clause 3.3 in the Model Contract of Appendix A “3.3 The parties incorporate the Consumer Guarantees into the Task Contract, even if they are not already incorporated by law.”;
h. The exclusions and limitations of liability shall be as follows:
(1) Except for liability in relation to breach of Non-excludable Condition, to the extent permitted by law, "Hire a Bicep" specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between Posters and Biceps.
(2) Except for liability in relation to a breach of any Non-excludable Condition, to the extent permitted by law, "Hire a Bicep" specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between You and any Third Party Service provider who may be included from time to time on the "Hire a Bicep" App.
(3) Except for liability in relation to a breach of any Non-excludable Condition, and to the extent permitted by law, "Hire a Bicep" is not liable for any Consequential Loss arising out of or in any way connected with the "Hire a Bicep" Services.
(4) Except for liability in relation to a breach of any Non-excludable Condition, "Hire a Bicep"’s liability to any User of the "Hire a Bicep" Service is limited to the total amount of payment made by that User to "Hire a Bicep" during the twelve month period prior to any incident causing liability of "Hire a Bicep", or AUD$50.00, whichever is greater.
(5) "Hire a Bicep"’s liability to You for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited, at our option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred.
i. If a Task is cancelled after it has been assigned, and no dispute has been lodged in relation to the cancellation by either the Poster or the Bicep, a credit will be applied to the Poster’s account for the Agreed Price as a "Hire a Bicep" Credits, which may be used for another Task. To the extent the credit has not been used after 18 months, it will be cancelled and retained by "Hire a Bicep".
"Hire a Bicep" Glossary
“Agreement” means the most updated version of the agreement between "Hire a Bicep" and a User.
“Agreed Price” means agreed price for Services (including any variation) paid into the Payment Account made by the Poster but does not include any Service Fees or other costs incurred by the Bicep when completing Services which the Poster agrees to reimburse.
“"Hire a Bicep"”, “we” “us” or “our” means "Hire a Bicep" Pty Ltd ACN 672 687 508
“"Hire a Bicep" Badge” means a badge that may be issued to a User based on the User meeting certain qualifications or other thresholds, including Verification Icons, as determined and set by "Hire a Bicep".
“"Hire a Bicep" Credits” means the physical or virtual card, coupon, voucher, code or a discount or refund provided as an account credit (, which includes payment returns of the Agreed Price (in the context of a cancellation of a Task Contract)) or anything else identified or described as ‘"Hire a Bicep" Credit’ in this Agreement, for use on the "Hire a Bicep" App.
“"Hire a Bicep" App” means the "Hire a Bicep" website at https://www."Hire a Bicep".au/, "Hire a Bicep" smartphone app, and any other affiliated app that may be introduced from time to time.
“"Hire a Bicep" Service” means the service of providing the "Hire a Bicep" App, which for the avoidance of doubt, includes any features available on the "Hire a Bicep" App for Users, such as payment processing functionality.
“Badge” means an "Hire a Bicep" Badge and Verification Icon.
“Business Day” means a day on which banks are open for general business in the jurisdiction where Users have their "Hire a Bicep" App account, other than a Saturday, Sunday or public holiday.
“Business Partner Contract” means a contract between a Business Partner and a Bicep to perform Business Services.
“Business Partner” means the business or individual that enters into an agreement with "Hire a Bicep" to acquire Business Services.
“Business Services” means Services provided by a Bicep to a Business Partner acquired for the purpose of on selling to a third party (such as the Business Partner’s customer).
“Booking Fee” means the fee payable by the Poster to "Hire a Bicep" as consideration for the "Hire a Bicep" Services (separate to the Agreed Price) which is displayed to a Poster prior to entering into each Task Contract.
“Cancellation Fee” means:
the Booking Fee paid by the Poster if the Poster is responsible for the cancellation; or
an amount equal to the Booking Fee for the applicable Task Contract, payable by the Bicep if the Bicep is responsible for the cancellation.
“Consequential Loss” means any loss, damage or expense recoverable at law:
a. other than a loss, damage or expense that would be suffered or incurred by any person in a similar situation to the person suffering or incurring the loss, damage or expense; or
b. which is a loss of:
a. opportunity or goodwill;
b. profits, anticipated savings or business;
c. data; or
d. value of any equipment, and any costs or expenses incurred in connection with the foregoing.
“Customer” means a User that uses the "Hire a Bicep" App to search for particular Services.
“Fees” means all fees payable to "Hire a Bicep" by Users including the Service Fee.
“Identity Verification Services” means the tools available to help Users verify the identity, qualifications or skills of other Users including mobile phone verification, verification of payment information, References, integration with social media, "Hire a Bicep" Badges and Verification Icons.
“Milestone Payment” means the payment method available to created staged payments for tasks with a value over $1000.
“Milestone Transaction Fee” means the fee payable by the Poster to "Hire a Bicep" as consideration for transacting the second and all following Milestone Payments for a Task. This fee is displayed to the Poster prior to completing payment for each Milestone payment.
“Non-excludable Condition” means any implied condition, warranty or guarantee in a contract, the exclusion of which would contravene the law or cause any part of the contract to be void. Further detail on the Non-excludable Conditions for consumers in the United Kingdom and in Ireland is set out in the relevant Your Country Specific Terms.
“Offer” means an offer made by a Bicep in response to a Posted Task to perform the Services.
“Payment Account” means the account operated by the Payment Provider.
“Payment Provider” means an entity appointed by "Hire a Bicep" that manages and operates the Payment Account including accepting payments from and making payments to Users.
“Personal Information” has the same meaning as described in Specific Terms.
“Policies” means the policies posted by "Hire a Bicep" on the "Hire a Bicep" App, including but not limited to the Community Guidelines.
“Poster” means a User that uses the "Hire a Bicep" App to search for particular Services.
“Posted Task” means the Poster’s request for Services published on the App (including via Search Assist), and includes the deadline for completion, price and description of the Services to be provided.
“Reference” means a feature allowing a User to request other Users to post a reference on the "Hire a Bicep" App endorsing that User.
“Service Fee” means the Booking Fee and the Bicep Service Fee.
“Services” means the services to be rendered as described in the Posted Task, including any variations or amendments agreed before or subsequent to the creation of a Task Contract.
“Task Contract” means the separate contract which is formed between a Poster and a Bicep for Services. In the absence of, or in addition to, any terms specifically agreed, the model terms of which are included in Appendix A to the Agreement apply to Task Contracts.
“Bicep” means a User who provides Services to Posters.
“Bicep Funds” means the Agreed Price less the Bicep Service Fee.
“Bicep Listing” means a page published by a Bicep, containing details (including prices) of a service they are willing to provide to Posters.
“Bicep Service Fee” means the fee payable by the Bicep to "Hire a Bicep" as consideration for the "Hire a Bicep" Services (and comprised as part of the Agreed Price) displayed to a Bicep prior to entering into each Task Contract.
“Third Party Dispute Service” means a third party dispute resolution service provider used to resolve any disputes between Users.
“Third Party Service” means the promotions and links to services offered by third parties as may be featured on the "Hire a Bicep" App from time to time.
“User” or “You” means the person who has signed up to use the "Hire a Bicep" App, whether as the Customer, Poster, Bicep, or otherwise.
“Verification Icons” means the icons available to be displayed on a User’s profile and any such posts on the "Hire a Bicep" App to confirm details such as a User’s qualification, license, certificate or other skill.
Rules of Interpretation:
In the "Hire a Bicep" Agreement and all Policies, except where the context otherwise requires:
a. the singular includes the plural and vice versa, and a gender includes other genders;
b. another grammatical form of a defined word or expression has a corresponding meaning;
c. a reference to a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time;
d. the applicable currency shall be the currency specified in Your Country Specific Terms;
e. a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;
f. a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
g. the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions;
h. headings are for ease of reference only and do not affect interpretation;
i. any agreement, representation, warranty or indemnity in favour of two or more parties (including where two or more persons are included in the same defined term) is for the benefit of them jointly and severally; and
j. a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of this agreement or any part of it.
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