Terms and Conditions

Remote Shifts Pty Ltd  General Terms & Conditions 

ABN: 84672892787 
Registered Address: Strathfield South NSW 2136 Australia 

These General Terms & Conditions (“Terms”) apply to all services provided by Remote Shifts Pty Ltd (“Remote Shifts”, “we”, “our”, “us”) to the Client (“Client”, “you”, “your”), unless superseded by a written and signed agreement. 

By engaging Remote Shifts, submitting a purchase order, signing a quote, paying an invoice, or using our services, you agree to be bound by these Terms.

1. Definitions 

1.1 “Services” means all services provided by Remote Shifts including remote staffing, full-time resource allocation, IT support, development, CRM/ERP customisation, MSP-style services, marketing, administration, consulting, project work, and all related tasks. 

1.2 “Remote Resource(s)” means staff employed by Remote Shifts who are allocated to work for the Client remotely. 

1.3 “Project Services” means fixed-scope or fixed-fee work such as website development, CRM customisation or marketing campaigns. 

1.4 “Ongoing Services” means month-to-month resource allocation or managed service arrangements. 

1.5 “Agreement” means these Terms + any Quote, Proposal, Statement of Work, Master Services Agreement, Work Order or Invoice issued by Remote Shifts. 

1.6 “Client Data” means any data, files, access credentials, business information or personal information belonging to or controlled by the Client. 

1.7 “Australian Consumer Law (ACL)” refers to Schedule 2 of the Competition and Consumer Act 2010 (Cth). 

2. Scope of Services 

2.1 Remote Shifts will provide the Services described in the accepted Quote, Proposal, or Project Agreement. 

2.2 Unless expressly stated, Services do not include third-party subscription fees, domain renewals, licensing fees, hosting expenses or third-party hardware/software costs. 

2.3 Services may be delivered by Remote Shifts employees, contractors, subcontractors, or affiliated offices in Australia or internationally. 

2.4 Remote Shifts reserves the right to replace or reassign Remote Resources where necessary for performance, operational or compliance reasons. 

3. Engagement of Remote Resources 

3.1 Remote Resources work from Remote Shifts’ supervised office, not from home, unless otherwise agreed. 

3.2 Remote Resources may access the Client’s systems only through approved secure access methods (e.g., ConnectWise, remote desktop, VPN, role-based access). 

3.3 The Client must: 

Provide appropriate system access 

Define tasks, KPIs and expectations 

Provide timely instructions and approvals 

Ensure remote access is technically possible 

3.4 Remote Resources remain employees of Remote Shifts. 
The Client must not: 

Attempt to hire them directly 

Interfere with their employment 

Induce them to leave Remote Shifts 

A non-solicitation clause applies for 24 months (see section 15). 

4. Duration & Termination 

4.1 Ongoing Services (Remote Resources / MSP) 

Minimum initial term: 30 days unless stated otherwise. 

Thereafter, services renew month-to-month. 

Either party may terminate ongoing services with 30 days written notice. 

4.2 Projects 

Project Services may be terminated with 14 days written notice. 

Work completed up to the termination date will be billed. 

4.3 Immediate Termination by Remote Shifts 

Remote Shifts may suspend or terminate services immediately if: 

The Client fails to pay an invoice on time 

The Client breaches these Terms 

System access creates security or compliance risks 

The Client becomes insolvent 

Remote Shifts is not liable for any loss resulting from suspension or termination. 

5. Fees, Billing & Payments 

5.1 Fees are outlined in the Quote, Proposal or Invoice. 

5.2 Payment Terms: 
Unless otherwise stated: 

Ongoing Services: Due monthly in advance 

Projects: 50% upfront + 50% on completion 

Hourly / Ad-hoc: Due within 7 days 

Late payments attract interest of 10% per month. 

5.3 All amounts are in AUD unless stated otherwise. 

5.4 Remote Shifts may adjust pricing with 30 days notice for: 

Inflation 

Increased staff costs 

Exchange rate fluctuation 

Changes in scope or system complexity 

5.5 Refunds are not provided for: 

Change of mind 

Unused booked hours 

Delays caused by Client inaction, lack of access, or incomplete instructions 

6. Client Responsibilities 

You agree to: 

Provide accurate information and instructions 

Ensure lawful use of all data provided to Remote Shifts 

Maintain secure passwords and system access 

Comply with data protection and confidentiality obligations 

Provide reasonable cooperation to allow service delivery 

7. Data Security, Privacy & Access 

7.1 Remote Shifts complies with: 

Privacy Act 1988 (Cth) 

Australian Privacy Principles (APPs) 

Notifiable Data Breaches (NDB) Scheme 

GDPR (where applicable for overseas clients) 

7.2 Client Data remains the property of the Client at all times. 

7.3 Remote Shifts will not store Client Data outside the Client’s country unless explicitly agreed in writing, except for limited metadata (logs, credentials, usage records). 

7.4 All remote access is performed through secure, encrypted methods. 

7.5 The Client is responsible for ensuring: 

Compliance with local laws in their country 

Appropriate user access levels 

Secure passwords and devices 

7.6 Remote Shifts may retain access logs and performance data for quality and compliance purposes. 

8. Confidentiality 

8.1 Both parties agree to keep Confidential Information strictly confidential, including: 

Client Data 

Business strategies 

Intellectual property 

Pricing 

System access credentials 

8.2 Confidentiality extends beyond termination and continues indefinitely. 

8.3 Remote Shifts staff are bound by internal confidentiality agreements and ethical standards. 

9. Intellectual Property (IP) 

9.1 All deliverables produced under Project Services become the property of the Client once full payment is received. 

9.2 Remote Shifts retains ownership of: 

Internal tools 

Templates 

Frameworks 

Documentation 

Custom modules developed generically for multiple clients 

9.3 The Client receives a licence to use such tools only for their own business. 

10. Subcontracting & Global Delivery 

10.1 Remote Shifts may use subcontractors or overseas staff to deliver services. 

10.2 All subcontractors are subject to the same confidentiality and privacy standards. 

10.3 The Client acknowledges that remote staff may be located outside Australia. 

11. Service Performance & No Guarantee of Outcomes 

11.1 Remote Shifts provides services using reasonable skill and care. 

11.2 However, we do not guarantee: 

A particular commercial outcome 

Sales numbers 

Search engine ranking 

Marketing or advertising performance 

Development timelines affected by third-party systems 

100% uptime of any third-party platform 

11.3 All timelines are estimates unless stated as fixed in a written agreement. 

12. Limitation of Liability 

12.1 To the fullest extent permitted by law: 

Remote Shifts is not liable for indirect, special, incidental or consequential loss. 

This includes loss of business, data, revenue, contracts or goodwill. 

12.2 Remote Shifts’ maximum liability is limited to the total fees paid by the Client in the preceding 30 days. 

12.3 Remote Shifts is not liable for: 

Client system failures 

Third-party platform outages 

Incorrect instructions provided by the Client 

Delays caused by access restrictions 

Data loss outside our control 

Cyberattacks or breaches on Client systems 

12.4 Nothing in these Terms excludes liability that cannot be excluded under the Australian Consumer Law (ACL). 

13. Warranties 

Remote Shifts warrants that: 

Services will be performed with due care and skill 

Staff are trained and supervised 

Security practices align with industry standards 

The Client warrants that: 

All data provided is lawful to process 

They have authority to grant system access 

They will treat Remote Shifts staff with respect 

14. Indemnity 

The Client agrees to indemnify Remote Shifts against all claims, damages, penalties, costs and expenses arising from: 

Misuse of our Services 

Breach of these Terms 

Unlawful use of Client Data 

Third-party claims resulting from Client actions 

Security breaches caused by Client systems or instructions 

15. Non-Solicitation of Remote Resources 

15.1 The Client must not directly or indirectly: 

Hire 

Attempt to hire 

Offer employment 

Engage as a contractor 

Induce to leave Remote Shifts 

any Remote Shifts employee or contractor. 

15.2 This restriction applies for 24 months after: 

The end of the engagement, or 

The last date the resource worked for the Client 

15.3 If breached, the Client must pay a fee equal to 24 months of the resource’s full-time equivalent salary. 

16. Force Majeure 

Remote Shifts is not liable for delays or failures caused by events outside its control, including: 

Power outages 

Internet disruptions 

Natural disasters 

War or civil unrest 

Government restrictions 

Third-party system failures 

17. Governing Law 

This Agreement is governed by the laws of: 

New South Wales (NSW), and 

The Commonwealth of Australia. 

Parties submit to the exclusive jurisdiction of NSW courts. 

18. Dispute Resolution 

Before taking legal action, parties must: 

Notify the other in writing 

Attempt to resolve the dispute through good faith discussions 

Engage in mediation through NSW Fair Trading or an agreed mediator 

If unresolved after 30 days, either party may proceed with legal action. 

19. Variations 

Remote Shifts may amend these Terms from time to time. 
Updated Terms will be published on our website. Continued use of Services constitutes acceptance. 

20. Entire Agreement 

These Terms, together with any Quote, Proposal or Statement of Work, constitute the entire agreement between the parties.