Terms and Conditions

Terms & Conditions

This is a legally binding contract between you and Sellcrowd Technologies Pty Ltd (“Sellcrowd,” “us” or “we”) (ACN: 620 744 685).
This contract governs your relationship with Sellcrowd and its Sales Consultants (the term “Sales Consultants” is defined in the ‘Overview and Services’ paragraph below), your use of the Sellcrowd website (the “Site”) and the services provided by Sellcrowd and the Site.
The words “you” or “Client” in these Terms and Conditions and on the Site means:
a. in Australia, the holder of the ABN provided to Sellcrowd at registration; or
b. where the entity is not in Australia, the entity holding the company registration number (or equivalent) in the relevant jurisdiction, as provided to Sellcrowd at registration.
If you are registering with Sellcrowd or posting a brief on behalf of a business, that business is taken to have accepted these terms and conditions and you are taken to have been duly authorised to bind the business.
Sellcrowd may amend, update or change the Site including these terms and conditions from time to time by publishing them on this Site, without prior notice to you. You should periodically check the page containing these terms and conditions for changes. These are the current terms and conditions and replace any other terms and conditions previously published for this Site.
Please read our Privacy Policy for an explanation of Sellcrowd’s practices regarding the collection, use, and storage of your information. By using the Site, registering your interest, posting a brief or contacting Sellcrowd, you consent to Sellcrowd handling and processing your information as described in the Privacy Policy.

Overview and Services

Sellcrowd provides Clients with the opportunity to connect with Sales Consultants who are registered with Sellcrowd (“Sales Consultant”) for consulting services and recruitment for short-term or long-term servicing arrangements. Consulting services will be primarily of a sales nature and may include appointment setting, telesales, sales, face to face sales or other deliverables, research or advisory services (a “Sales Engagement”).

Sellcrowd facilitates the interaction between Sales Consultants and Clients (“Services”). You understand that we are not a party to and will not have any liability with respect to the Sales Engagements or servicing arrangements. Any terms you enter into with the Sales Consultant in relation to the work to be provided will be binding on the Client and the Sales Consultant. Any terms which attempt to alter or modify these terms and conditions must be agreed by Sellcrowd in writing.

Joining as a Client

You may join as a Client by completing all required documentation and training, including without limitation that which relates to our compliance framework and procedures.

Set-up and Scope of Sales Engagements

You are free to search, screen, and request Sales Engagements with Sales Consultants, via our Site or with the support of our Team.
Sales Consultants are free to accept or decline Sales Engagements at their discretion. However, Sales Consultants represent that they will only accept Sales Engagements (a) that do not present a conflict of interest; (b) that relate to matters that they are permitted to discuss, under applicable law and any obligations they may owe to another party (including contractual, fiduciary, employment, or otherwise), and; (c) that relate to topics about which they are knowledgeable.

They are expected to accept or decline a Sales Engagement within two (2) business days and to adhere to the schedule they establish with you and Sellcrowd.

You understand that a Sales Consultant’s capacity to consult and/or provide sales services may be limited by other research collaborations or obligations they may have to entities or institutions with which they are affiliated or employed. To the extent you know about any such limitations or obligations, you agree to respect them in your interactions with Sales Consultants. Sales Consultants are requested to not assign Sales Engagements to any other person without your and Sellcrowd’s prior written consent. The Client shall not procure, entice, solicit or induce or do anything which causes a Sales Consultant to breach any other obligations or contracts a Sales Consultant may owe to another person or entity.

Feedback

We will collect your feedback about Sales Consultants to assist improvements to the functioning of our search functionality and Site. Your feedback may be published and may become viewable by other sales consultants and/or clients or users of the website.

Payment for Services

Fees

You are free to negotiate hourly, daily or monthly retainer rates with the Sales Consultant provided however that the rates payable to the Sales Consultant in respect of a Sales Engagement must be disclosed and agreed between the Sales Consultant and the Client (“Fees”) prior to commencement of the Sales Engagement.
Sellcrowd will receive a fee in respect of the Services (“Service Fee”) which is the amount agreed in writing between you and Sellcrowd in accordance with the Sellcrowd Pricing & Payments Procedures. Where commission makes up a significant portion of the payment to a Sales Consultant, an additional fee is charged by Sellcrowd as part of the Services. The Service Fee and any GST payable in respect to the Service Fee or which Sellcrowd is required to pay will be included (together with the Fees payable in relation to the Sales Engagement) in any tax invoice issued to you by Sellcrowd.
Sellcrowd will be entitled to receive payment for the Service Fee in respect of any Sales Engagements introduced by Sellcrowd, regardless of whether you had a previous relationship with the Sales Consultant.
You will be charged for the time that Sales Consultants spend in a Sales Engagement as measured and logged by the Sellcrowd App in a “talk time” capacity, or as measured and logged via a “shift” or timesheet capacity, or any other time measurement utility agreed by the client and the sales consultant, unless otherwise agreed in writing between you, Sellcrowd and the Sales Consultant.

Invoicing and method of payment

  1. Where possible, payment will occur via the Sellcrowd website or Sellcrowd App. Alternate payment methods, such as invoice, may be approved at the express consent of Sellcrowd.
  2. The client will make upfront payment for the first week, fortnight, month or otherwise agreed initial Sales Engagement period. This payment will be held in escrow by Sellcrowd and released to the Sales Consultant upon completion of the initial Sales engagement
  3. The Sales Consultant must submit a payment claim or timesheet via the Sellcrowd platform in accordance with Sellcrowd’s Pricing and Payments Procedures (or at such other times as agreed with you and Sellcrowd). Sellcrowd shall submit a payment claim to you (in the form of a tax invoice) for approval by email:
    i. If you do not either approve or dispute the payment claim within four (4) business days from the date of receipt of the payment claim, the payment claim will be deemed to have been approved by you.
    ii. If you dispute the payment claim, you must liaise with the Sales Consultant and based on such liaison, the Sales Consultant will provide an amended payment claim.
    d. Within one (1) business day of:
    i. approval (or deemed approval) of the payment claim by the Client; or
    ii. receipt of an amended payment claim under paragraph (b)(ii) above, the Client will pay the payment claim, unless otherwise expressly agreed by Sellcrowd in writing.
    e. Sellcrowd will pay the Sales Consultant the amount of the approved (or amended) payment claim after deduction of the Service Fee, GST and other amounts Sellcrowd is entitled to deduct under these terms, the Sellcrowd Pricing and Payment Procedures and any agreement we have with the Sales Consultant.
  4. It is expressly noted in these terms and conditions that under-performance, lack of sales results or failure of a Sales Consultant to meet sales expectations set by the client will not be accepted as a reason or justification for non-payment by the client when using time-sheet or external methods of time or activity tracking.
  5. When the Sellcrowd App is in-use as a primary tool for measurement of sales activity between client and sales consultant, or an approved alternative method of activity tracking, the client will have the right (but not obligation) to forgo payment to the sales consultant (exclusive of Sellcrowd fees) if 70% or less of sales activity targets are achieved by the Sales Consultantprovided sales activity targets are deemed fair by Sellcrowd. Sales activity targets have no relation whatsoever to sales results in this case. No form of arbitration or mediation may be entered into as a result of this clause.
  6. The Client understands and acknowledges that the timing provided in this Payment for Services clause is critical to ensure the timely and smooth provision of Services and is therefore a material term of this Agreement. Where undisputed or approved tax invoices issued by Sellcrowd are not paid in accordance with this Agreement, Sellcrowd may charge Late Payment Fees against any outstanding amount for each day that amount remains unpaid. Payment terms are strictly 5 days from the date of invoice. Late Payment Fees are 5% of the invoice value for every week the amount remains unpaid. Invoicing and payments by Sellcrowd will (where possible) be on the basis of Sellcrowd acting as the intermediary that facilitated the supply to the Client of the Sales Engagements by the Consultant and that facilitated the acquisition by the Client of the Sales Engagements from the Consultant in accordance Subdivision 153-B of the A New Tax System (Goods and Services Tax) Act 1999. The Consultant will not invoice the Client directly.

Taxes and Duties

All amounts payable under these terms and conditions are exclusive of any GST or other taxes (other than income tax) which Sellcrowd is required to pay in respect to the Fees.

Compliance with Law

You agree to use the Site and Services only for lawful purposes. The Site and the Services are subject to, and you agree that you shall at all times comply with, all applicable laws, rules and regulations, including, without limitation, those relating to the export of technical or other data and the transfer of personal information.

Authorised Users and Logins

Only your employees approved by Sellcrowd who have been issued a user identification and password (“Login”) by us shall be “Authorised Users” and permitted to access the Site and/or Services. Unless otherwise agreed in writing, the Site and/or Services may not be used by any Client affiliates, portfolio companies, or other individuals or groups within your company or any third party.
All Authorised Users shall be subject to the terms of this Agreement. You shall be responsible for any breach of this Agreement by any of your Authorised Users and any other persons who gain access to the Site and/or the Services through you or your Logins (except in the case of fraud).
You agree to exercise reasonable care to maintain the security of your Logins and other account information (collectively, “Account Information”). You agree to not disclose your Account Information to anyone else, and to not use anyone else’s Account Information.
You agree to notify us promptly about any unauthorised use of your Account Information or any breach of security of which you become aware.
You agree to provide to us current, complete and accurate information in the course of your using the Site and to maintain and update this information in a timely manner and to ensure that such information is up to date prior to a Sales Engagement.

Client Conduct

You must act with the utmost professionalism and courtesy in your dealings with Sales Consultants and with Sellcrowd. As a Client, you agree to the following:

Conflicts

You confirm that you shall not knowingly or recklessly use the Services to access Sales Consultants who are employed by a company reasonably considered a direct competitor of yours or a direct competitor of your clients, or, if applicable, one of your business units, actively managed portfolio companies, affiliates or subsidiaries or the client you are acting on behalf of. You will neither request nor proceed with any discussion with any such Sales Consultant.

Material Non-Public Information

You will not use Sellcrowd to solicit, disclose or misappropriate any material non-public information within the meaning of United States or Australian securities laws or the equivalent laws of any other country or jurisdiction.

Confidentiality

You must not use, disclose, solicit, make available or misappropriate any Confidential Information, trade secrets, or other proprietary information that belongs to any third-party without that party’s prior written permission, or in violation of any express or implied duty or contract right.
Confidential Information means any documents or information created, received or obtained by the Client from or on behalf of the Sales Consultant, Sellcrowd or any other party in respect of any Sales Engagement. In relation to Sellcrowd, it also includes all non-public information pertaining to Sellcrowd’s business (including, without limitation, our pricing information, the identity or participation of specific Sales Consultants, and any content marked confidential) is Confidential Information.
You will hold all Confidential Information in trust and confidence, and not disclose, misappropriate or make available to any third-party, directly or indirectly, any confidential Information, except as may be required by applicable law or legal process or with applicable consent.

Sellcrowd will not disclose or make available to any third-party, directly or indirectly, your Confidential Information, inclusive of and in particular any leads, prospects or target customer contact details, except where we have your permission, where the Confidential Information is already in the public domain (through no breach of this contract) or in furtherance of your use of the Services, to enforce this contract or if legally compelled to do so.

Compliance with Law

You agree that you will not at any time use the Services, perform your obligations under this contract (or any agreement with an Sales Consultant) in violation of law or in violation of your obligations to third parties.

Non-sales

You agree not to speak with Sales Consultants to market your products or services (or products or services of your business units, actively managed portfolio companies, affiliates or subsidiaries, or the client you are acting on behalf of; collectively, “your products”) to them, or in any manner to encourage or influence Sales Consultants to use, purchase, prescribe, arrange for the purchase or use, refrain from the use or purchase, recommend to others the purchase, prescription or use or the refraining from the purchase, prescription or use of, any particular products or services.
You further understand and agree that you cannot select particular Sales Consultants as a means to compensate them for their past or future use of your products. You hereby represent and warrant to Sellcrowd that in the event you choose to speak with Sales Consultants who use your products, you are speaking with them in order to benefit from the Sales Consultantise of such Sales Consultants, and not for any of the purposes prohibited in this Agreement.

Accurate information
You warrant and represent that the information you provide is and shall remain complete, accurate, true and correct and that you will update information held by Sellcrowd as soon as possible after any changes.

User Content

You are solely responsible for all information and any content (including for example, written text, tags, data files) you add to your account or to project briefs you provide or information in relation to Sales Engagements (“User Content”). User Content includes, without limitation, all content you post or send on our Site. Under no circumstances whatsoever shall Sellcrowd be liable to you or to any other person or entity for your participation in, or use of, our Site. Sellcrowd has no responsibility to review or approve User Content. You are prohibited from adding any User Content that is unlawful, infringing or defamatory. You agree to indemnify, defend and hold Sellcrowd, our officers, directors, employees, agents and representatives harmless from and against all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise from your User Content.

Other Limitations on Use

You agree to not ask Sales Consultants for advice or recommendations on financial matters, stocks, other investments, any ratings or securities, legal, medical, accounting or financial planning without first ensuring the Sales Consultant holds all necessary qualifications and you have the appropriate terms of engagement in place.
You may use and apply in your business the opinions and insights you obtain during Sales Engagements, but you may not identify or quote Sales Consultants or attribute insights or opinions to Sales Consultants or Sellcrowd without the prior written consent of Sellcrowd.
You may use Services only in strict accordance with this contract, and you agree that you will not use Services to compete directly or indirectly with Sellcrowd or any of its Services.
You agree that any written materials provided to you in connection with a Sales Engagement or the Services are for your own use and you may not redistribute, disseminate, publish, or display such material, in whole or in part, to any third parties without the prior written permission of Sellcrowd, except to your regulators and professional advisors on an as needed basis.

Non-Reliance

Sellcrowd is an independent contractor. The Sales Consultants introduced to you through our Site and/or Services are independent contractors. Nothing in this contract is intended to create a partnership, joint venture, agency or employment relationship with either the Client or our Sales Consultants.
Sellcrowd is not responsible for any content of projects, deliverables, representations or statements made by the Sales Consultants or the quality of work or Sales Engagements provided by Sales Consultants.
You understand and agree that (i) Sellcrowd will not assume any liability with respect to your interactions with any Sales Consultant, and (ii) the knowledge and opinions of Sales Consultants is not ours, and we do not endorse them or any other information provided by any user.
If any of the content, opinions or work provided to you by the Sales Consultant is to be relied upon by a third party, the Client shall indemnify and hold harmless, Sellcrowd in respect of any damages claimed by any such third party in respect of reliance on any such work, content or opinions.

Responsibilities of Sales Consultants

Sales Consultants are required by Sellcrowd to comply with Sales Consultant Terms and Conditions as amended from time to time, located at Sellcrowd.com (“Sales Consultant Terms & Conditions”).

Client Responsibilities

In using the Services and at its own cost, the Client must:
• use clear, complete and accurate information to describe the project, brief or Sales Engagement;
• make all necessary enquiries and satisfy yourself as to whether the Sales Consultant meets your requirements and objectives, including in relation to your requirements in ownership of intellectual property such as, but not limited to, leads, prospects and sales scripts;
• comply with any applicable laws; and
• ensure the Sales Consultant has in place its own appropriate insurance policies, including professional indemnity insurance, public liability and/or workers’ compensation in respect of any Sales Engagement.

Introductions and Non-Solicitation

For so long as you:
a. are registered with Sellcrowd (and for 12 months after any such registration ceases); and/or
b. engage with an Sales Consultant made available by Sellcrowd (including by providing information to you regarding a Sales Consultant, enabling you to identify a Sales Consultant or otherwise causing a Sales Consultant to be introduced to you),
you, your employees, agents, representatives or its related entities must not offer to employ, engage, solicit, induce, entice, or otherwise enter or attempt to enter into a contract for reward (directly or indirectly) with a Sales Consultant for the performance of services, in any way other than through the Sellcrowd Services. This applies whether or not you already know the Sales Consultant.
This means that you must use the Sellcrowd Services as your exclusive method to engage with that Sales Consultant unless Sellcrowd agrees otherwise (in writing) and you pay Sellcrowd the Recruitment Fee as provided in the Recruitment Fee and Replacement Guarantee Policy.
This paragraph applies in Australia and any other overseas location where Sales Consultants and Clients of Sellcrowd are located.

Liability of Sellcrowd

To the extent permitted by law, Sellcrowd will not be liable to the Client for:
a. the project, the Sales Engagement or scope of Sales Engagement or any changes to the project, Sales Engagement or scope of Sales Engagement;
b. any deliverables, work, opinion or information provided by the Sales Consultant including but not limited to sales results and performance;
c. Any superannuation or other employment benefits that may be deemed through applicable laws as owing to the Sales Consultant;
d. the accuracy of information or documents, including the Sales Consultant’s profiles, background, capabilities or statements provided to the Client;
e. any claims arising out of or in connection with this contract, any of the subject-matter of the Services or Sales Engagement or engagement with the Sales Consultant, for breach of law, contract, negligence or other liability whatsoever; or
f. any other terms of engagement the Client might reach or agree with the Sales Consultant; or
g. any breach or alleged breach of another party’s intellectual property rights arising in respect of the Services or this contract.

Indemnification

You agree to indemnify, defend and hold harmless, Sellcrowd and its affiliates, successors and assigns (and its and their officers, directors, employees, sublicensees, Client and agents) from and against any and all claims, damages, liabilities, losses, settlements, costs and expenses (including, without limitation attorneys’ fees and court costs) which arise out of or relate to:
a. any act or omission (including negligent acts or omissions) of the Sales Consultant in the performance or purported performance of any Sales Engagement;
b. any dishonest, inaccurate, incomplete, fraudulent, negligent, wrongful, unlawful, or criminal act or omission by you in connection with your use of the Services;
c. your breach of this contract, including, without limitation, any use of Sellcrowd that violates third party rights or applicable law;
d. the use of any intellectual property created in respect of the Services not contemplated by this contract or as a consequence of a breach of this contract; or
e. any activity which you engage on or through Sellcrowd.
This indemnity will survive termination of this contract.

Warranty Disclaimer; Limitation of Liability

You use the Services solely at your own risk. The Services are provided on an “as is” and “as available” basis. We don’t control or vet user generated content for accuracy, nor do we have any obligation to monitor the use of our Services or verify the identity of our users. To the fullest extent permitted by law we disclaim any and all warranties of any kind, express or implied, including, without limitation, any implied warranties of merchantability, accuracy, title or non-infringement. We do not warrant that the Site, or any part thereof, will be available or operate in an uninterrupted or error-free manner or that errors or defects will be corrected, and we disclaim all liability related thereto.
Notwithstanding anything to the contrary in this contract and to the maximum extent permitted by law:
a. Sellcrowd’s liability, whether under statute, tort, equity or contract, arising from or in connection with the Site and/or Services is limited in the aggregate to the lower of the Service Fee paid by you to Sellcrowd in the most recent 30 day period or $500.00 AUD.
b. Sellcrowd is not liable to the Client in respect of any indirect, special, incidental, punitive or consequential damages, including but not limited to loss of profits, loss of opportunity, delay damages, acceleration costs, lost time or good will, however arising, whether in contract, tort (including negligence), strict liability or otherwise.

Intellectual Property

Most of the Sales Engagements will allow or require the Sales Consultant to provide deliverables or content to the Client (“Sales Consultant Content”).
Unless otherwise agreed between the Sales Consultant and the Client, the Client retains ownership of all intellectual property rights in the Sales Engagement;
In the absence of any specific agreement between the Sales Consultant and the Client, the Sales Consultant will grant such rights to the Client in relation to the intellectual property in the Sales Engagement as necessary to enable the Client to receive the benefit of the Sales Engagement. The Client’s requirements in this regard are to be communicated to the Sales Consultant prior to the Sales Consultant commencing any Sales Engagement with the Client.
Sellcrowd is not responsible for any Sales Consultant or Client’s use of or misappropriation of any intellectual property rights during the course of the Services or in the use of its Site, including any blog or social media sites such as LinkedIn, Facebook or Twitter. Any agreements or disputes regarding intellectual property rights in Sales Consultant Content shall be between the Sales Consultant and the Client.

Governing Law; Jurisdiction

This contract shall be governed by and construed in accordance with the laws of the state of New South Wales. The parties agree to submit to the non-exclusive jurisdiction of the courts of New South Wales. Each party waives any right it has to object to an action being brought in the courts of New South Wales including, without limitation, by claiming that the action has been brought in an inconvenient forum or that those courts do not have jurisdiction.

Dispute resolution

If a dispute arises out of or relating to this contract the relevant parties shall attempt to resolve the matter by mediation before litigation.
Unless otherwise agreed between the Sales Consultant and Client, if a dispute arises in relation to the Sales Engagement, the Client and Sales Consultant shall attempt to resolve that dispute by mediation between themselves before litigation.
Nothing in this paragraph limits the rights of Sellcrowd to seek or obtain urgent interlocutory or interim relief.

Termination and Suspension

Sellcrowd or yourself may terminate this Agreement at any time for any reason. Your elected termination will be effective upon notice to Sellcrowd. Violation by you of Sellcrowd policies as set forth herein may, without limitation, result in immediate termination of Services with Sellcrowd.
Sellcrowd reserves the right to suspend any profile or cancel your registration or an Authorised User’s registration as a Client, at any time, on Sellcrowd forming the view in its absolute discretion that Sellcrowd’s brand, operations (including the Site, any blogs or social media sites or membership) or business (including its Client’s, partners or affiliates) may be adversely affected or harmed as a result of your continued registration.

Termination of Sales Engagements

The Client may terminate a Sales Engagement provided that the Client gives Sellcrowd and the relevant Sales Consultant the following notice of termination of Sales Engagement:
a. for Sales Engagements of less than four weeks, 1 days’ notice in writing; or
b. for Sales Engagements exceeding four weeks or where the Sales Engagement involves the Sales Consultant working on a regular or systemic basis, 3 days’ notice in writing.
In each case the Client may elect to make a payment in lieu of notice.

Miscellaneous

Any translation of this contract or our other documentation is provided for your convenience only and the English version will govern.
If you are using this contract on behalf of a business, that business accepts these terms.
This Agreement constitutes the entire agreement between you and us with respect to the subject matter hereof; you also may be subject to additional terms (that we will notify you of in writing) that may apply when you use the Services (such as those that may be agreed in the context of a specific interaction).
We may modify these terms and condition from time to time by posting the modification(s) or updating these terms and conditions on our website: Sellcrowd.com. Unless otherwise specified by us when posted, all modifications will be effective upon posting. If you do not agree to any modification(s), your only recourse will be to terminate your participation as Client of Sellcrowd. If you continue to participate as a Client after any modification becomes effective, then your participation will constitute acceptance of such modification.

Recruitment Fee and Replacement Guarantee Policy

Sellcrowd operates partially as a try-before-you-buy platform for employers. As such,

  1. Capitalised terms used in this Recruitment Fee and Replacement Guarantee Policy (Policy) and not otherwise defined have the same meaning as given to them in the Client Terms.
  2. Pursuant to the Client Terms, for so long as you:
    1. are registered with Sellcrowd (and for 12 months after any such registration ceases); and/or
    2. engage with an Sales Consultant made available by Sellcrowd (including by providing information to you regarding a Sales Consultant, enabling you to identify a Sales Consultant or otherwise causing a Sales Consultant to be introduced to you),

you, your employees, agents, representatives or its related entities must not offer to employ, engage, solicit, induce, entice, or otherwise enter or attempt to enter into a contract for reward (directly or indirectly) with a Sales Consultant for the performance of services, in any way other than through the Sellcrowd Services, unless you pay Sellcrowd the Recruitment Fee in accordance with this Policy. This applies whether or not you already know the Sales Consultant.

  1. However, if you would like to directly employ a Sales Consultant or engage with a Sales Consultant directly (in other words “Directly Hire the Sales Consultant​“) the Recruitment Fee is payable to Sellcrowd in accordance with this Policy and the following terms apply:

Replacement Guarantee

  1. If a Sales Consultant doesn’t work out, Sellcrowd will (subject to the conditions in clause 5 below) source you a new candidate to replace the Sales Consultant:
    1. In the case that the Client Directly Hires the Sales Consultant, this replacement guarantee ​will apply for that Sales Consultant from the date the Client Directly Hires the Sales Consultant until 2 calendar months thereafter (unless otherwise provided for in this Policy or the Client Terms); and/or
    2. In the case of a Sales Consultant providing a Sales Engagement, this replacement guarantee will apply for that Sales Consultant from the date the Sales Consultant commences the relevant Sales Engagement until 2 months thereafter, (the “Replacement Guarantee“)
  2. The following conditions apply to the Replacement Guarantee:
    1. The Recruitment Fee invoice and all Sales Engagement invoices (as applicable) have been paid;
    2. Termination is not due to:
      1. restructuring of the role, redundancy or redeployment or the Client exiting a crucial business area, sale of the business or company or acquisition of another firm or material change of ownership; or
      2. The individual leaving of their own accord for any reason or a significant change in the job specification or because of misleading representations with respect to the position, its budget, duties, responsibilities, reporting lines or relationships etc;
    3. We are given exclusive rights to source the replacement candidate for a period of 8 weeks;
    4. The Client has acted reasonably and in good faith in determining that the Sales Consultant has not worked out;
    5. The Sales Consultant commenced work with the Client less than 2 months prior to the Client’s request for a Replacement Guarantee (i.e after 2 months’ engagement provided by the Sales Consultant, it’s fair to say the Client should know if the arrangement will work out);
    6. If Sellcrowd is unable to source the right replacement Sales Consultant or candidate during the Replacement Guarantee period, we will:
      1. In the case described paragraph 4(a) above, apply the full amount of the Recruitment Fee in reduction of future Service Fees incurred by the Client for services provided by Sellcrowd; or
      2. In the case of paragraph 4(b) above, for every week that the Sales Consultant’s role remains unfulfilled up to a maximum of 4 weeks, Sellcrowd will apply any Service Fees (as calculated by Sellcrowd on a weekly equivalent basis) that the Client has already paid for the relevant Sales Engagement, in reduction of future Service Fees incurred by the Client for services provided by Sellcrowd; and
    7. If the Sales Consultant does not work out and the Client does not want to fill the role, the Recruitment Fee (or in the case of 4(b) above the Service Fees) shall not be refunded or applied in reduction of future Service Fees.

Recruitment Fee

  1. Our Recruitment Fee ​is 10% of the total projected first year remuneration package for the Sales Consultant (including base salary, superannuation, guaranteed bonus and any other benefits provided to the Sales Consultant) or if the Sales Consultant or individual is retained under an independent contract or consultancy services agreement, 12.5% of the total project first year of services fees and benefits payable under that agreement, and is exclusive of GST (or otherwise such other rate or amount as you and Sellcrowd may agree in writing).
  2. Payment of Recruitment Fees: Sellcrowd will issue a tax invoice for the Recruitment Fee upon the Sales Consultant or candidate accepting an offer from the Client. The Client must pay the Recruitment Fee within 14 days of the invoice.
  3. If you wish to Directly Hire the Sales Consultant on a casual employment arrangement, the Recruitment Fee shall be 12.5% of the wages paid to that Sales Consultant (Casual Recruitment Fee​) (or such other rate or amount as you and Sellcrowd may agree in writing). The Client shall provide Sellcrowd with a monthly report evidencing the number of casual hours worked and paid for the prior month, by the 5th day of each month. The Casual Recruitment Fee will be invoiced by Sellcrowd and must be paid by the Client within 14 days of the date of the invoice. There is no replacement guarantee applicable where you Directly Hire the Sales Consultant on a casual employment arrangement.

Consultant Terms

Please read these Terms and Conditions carefully. If you have any questions or wish to clarify any matters, please contact our team via the contact page on our website.

These Terms and Conditions govern your relationship with Sellcrowd Technologies Pty Ltd (ACN: 620 744 685) (“Sellcrowd,” “us” or “we”), any related bodies corporate of Sellcrowd Technologies Pty Ltd, as well as Clients of Sellcrowd, your use of the Sellcrowd website (the “Site”) and the services provided by Sellcrowd.

The words “you” or “Sales Consultant” in these Terms and Conditions and the Site means the person or the entity Sellcrowd is contracting with as registered with Sellcrowd, being:

  1. in Australia, the holder of the ABN provided to Sellcrowd whilst registered on the site or the person otherwise identifiable by name and contact details; or
  2. where the person or entity is not in Australia, the person registered with Sellcrowd or in the case of an entity, the entity holding the company registration number (or equivalent) in the relevant jurisdiction as provided to Sellcrowd at registration, or otherwise identifiable by name and contact details.

If you are registering with Sellcrowd or accepting a Sales Engagement on behalf of a business, that business is taken to have accepted these Terms and Conditions and you are taken to have been duly authorised to bind the business.

Sellcrowd may amend, update or change the Site including these Terms and Conditions from time to time by publishing them on this Site, without prior notice to you. You should periodically check the page containing these Terms and Conditions for changes. These are the current Terms and Conditions of use and replace any other terms and conditions of use previously published for this Site.

Please read our Privacy Policy for an explanation of Sellcrowd’s practices regarding the collection, use, and storage of your information. By using the Site, registering your interest or contacting Sellcrowd, you consent to Sellcrowd handling and processing your information as described in the Privacy Policy.

Overview and Services

Sellcrowd provides Clients with the opportunity to connect with Sales Consultants who are registered with Sellcrowd or introduced by Sellcrowd (“Sales Consultant”) for consulting services and recruitment for short-term or long-term provision of sales services and/or consulting arrangements (“Sales Engagement”). Consulting services will be primarily of a sales nature and may include appointment setting, lead generation, telesales, face to face sales or other deliverables, research or advisory services.

Where you are introduced to a Client by Sellcrowd and you take up employment or another type of engagement with the Client, refer to “Introductions and Non-solicitation” below.

Any terms you enter into with the Client of Sellcrowd in relation to the work to be provided will be binding on you and the Client. Any terms which attempt to alter or modify these Terms and Conditions must be agreed by Sellcrowd in writing.

Joining as a Sales Consultant

You will have joined upon verifying your account, completing the platform registration and agreeing to these Terms & Conditions. Applying to join via our website does not constitute membership of Sellcrowd.

You can participate in our Services only if you are not restricted from doing so by contractual, fiduciary or other obligations, and if you are qualified and have obtained any necessary approvals. By joining Sellcrowd, you are representing that you are not restricted from doing so and that you have obtained all necessary approvals.

Assignment, Acceptance and Scope of Sales Engagements and Introductions

Clients can post Sales Briefs or job ads on the Sellcrowd platform or otherwise be introduced to Consultants through Sellcrowd and/or the Sellcrowd platform for Sales Engagements.

You are free to accept or decline any Sales Engagements, provided however, that you may accept only those Sales Engagements:

  1. that do not present a conflict of interest;
  2. that relate to matters that you are permitted to discuss, under applicable law and any obligations you may owe to another party (including contractual, employment, or otherwise) and
  3. that relate to topics about which you are knowledgeable.

You are expected to accept or decline a Sales Engagement within two (2) business days and to adhere to any schedule or program you establish with the Client regarding the delivery of the Sales Engagement.

Sellcrowd makes no representation regarding the frequency, quantity, or type of invitations to Sales Engagements you will receive or in which you will be chosen to participate.

The Introduction Fee Policy applies unless Sellcrowd agrees otherwise in writing.

Payments for Services

Fees

Each Sales Consultant is free to negotiate their own hourly, daily, monthly or such other rates with Clients.

It is free to join Sellcrowd as a Client or a Sales Consultant and there are no charges to post sales jobs or to submit expressions of interest or apply for sales jobs.

When a client makes a successful hire, the following fees apply:

  • 10% fee is deducted from the hourly, daily or monthly (or other) rate paid to each salesperson by the client
  • 10% fee is added on top of the advertised hourly of each salesperson and paid for by the client

As an example, if a sales consultant is advertising $30 per hour on their profile, the client will be charged $33 per hour plus taxes, and the Sales Consultant will receive $27 per hour plus taxes. These fees are charged to cover the ongoing cost of running the platform, providing the introduction services, payment of any and all associated bank fees and transaction fees, and provision of technology services such as the Sellcrowd App, CRM and timesheet system.

Invoicing

  • The rates payable to the Sales Consultant in respect of a Sales Engagement must be disclosed and agreed between the Sales Consultant and the Client (“Fees”) prior to commencement of the Sales Engagement. In determining and agreeing the Fees, the Sales Consultant should take into account any amounts to be deducted from the Fees prior to payment to the Sales Consultant under these Terms and Conditions and/or the Sellcrowd Pricing and Payment Procedures and/or as agreed with Sellcrowd.
  • The amount payable to Sellcrowd in respect of the Services (“Service Fee”) is the amount agreed in writing between you and Sellcrowd in accordance with the Sellcrowd Pricing and Payment Procedures and/or as agreed with Sellcrowd. The Service Fee and any GST payable in respect to the Service Fee or which Sellcrowd is required to pay will be deducted from the Fees by Sellcrowd before payment to the Sales Consultant.
  • Sellcrowd will be entitled to deduct the Service Fee from the Fees paid by a Client in respect of any Sales Engagements introduced by Sellcrowd, regardless of whether you had a previous relationship with the Sellcrowd Client.
  • Unless you have received prior written agreement from the Client, and provided that written agreement in advance to Sellcrowd, you will only be paid for the time you spend interacting with Clients on Sales Engagements at the agreed rate and you will not be paid for preparation time, wait time or time set aside if a Sales Engagement with a Client does not occur.
  • In addition, Sellcrowd will pay you only for Sales Engagements with Clients that are either facilitated by Sellcrowd, through its systems, or pre-approved in writing by Sellcrowd.

Invoicing and method of payment

    1. In order to receive payment, the Sales Consultant must log into the secure platform on Sellcrowd’s Site and ensure its business details, accounts and payment settings are up-to-date and complete.
    2. The Sales Consultant must submit a payment claim via the Sellcrowd Site in accordance with Sellcrowd’s Pricing and Payments Procedures and/or these terms and conditions, or at such other times as agreed with Sellcrowd and the Client.
    3. Invoices submitted after 90 days of completion of the relevant Services, without Sellcrowd’s consent, will not be accepted and will not be paid.
    4. Sellcrowd shall submit the payment claim to the Client for approval by email and via the Sellcrowd platform within two (2) business days of the Sales Consultant submitting a valid payment claim in accordance with the Sellcrowd Pricing and Payment Procedures and other requirements requested by the Client (timesheets, expense receipts etc.).
      • If the Client does not either approve or dispute the payment claim within five (5) business days from the date Sellcrowd emails the payment claim to the Client, the payment claim will be deemed to have been approved by the Client.
      • If the Client disputes the payment claim, you will liaise with the Client and based on such liaison, you will provide an amended payment claim.
    5. Within one (1) business day of:
      • approval (or deemed approval) of the payment claim by the Client; or
      • receipt of an amended payment claim under paragraph (d)(ii) above, Sellcrowd will provide the Client with a tax invoice in the amount of the approved (or amended) payment claim such amount being payable within five (5) business days of the date of issue of the tax invoice, unless otherwise agreed.
    6. Within 10 business days of the date that the tax invoice is submitted to the Client and after the Client has transferred funds to Sellcrowd, Sellcrowd will pay the Sales Consultant the amount of the approved (or amended) payment claim after deduction of the Service Fee, GST and other amounts Sellcrowd is entitled to deduct under these terms and the Sellcrowd Pricing & Payments Procedures.

Invoicing and payments by Sellcrowd will (where possible) be on the basis of Sellcrowd acting as the intermediary that facilitated the supply to the Client of the Sales Engagements by the Consultant and that facilitated the acquisition by the Client of the Sales Engagements from the Consultant in accordance Subdivision 153-B of the A New Tax System (Goods and Services Tax) Act 1999. The Consultant will not invoice the Client directly.

Taxes and Superannuation

The Consultant acknowledges that it is responsible for the payment of all taxes, duties and charges imposed or levied in Australia or overseas in connection with this Engagement or performance of the Service.

All amounts payable under these Terms and Conditions are exclusive of any GST or other taxes (other than income tax) which Sellcrowd is required to pay in respect to the Fees.

If required by any applicable tax law, and/or if applicable to a Sales Engagement, Sellcrowd shall withhold and remit the amount of any tax from payments owed to the Sales Consultant. Upon payment of any such amount to the appropriate government entity or agency Sellcrowd shall have no obligation to pay such amount to the Sales Consultant.

The Sales Consultant will be responsible for and pay (or cause to be paid) when due all taxes for which the Sales Consultant is liable in relation to the performance of the Sales Engagement.

The Sales Consultant acknowledges that no Superannuation contributions are required from Sellcrowd.

Compliance with Law

You agree to use the Site and Services only for lawful purposes. The Site and the Services are subject to, and you agree that you shall at all times comply with, all applicable laws, rules and regulations, including, without limitation, those relating to the export of technical or other data and the transfer of personal information overseas.

Authorised Users and Logins

Only you and your designees, if any (“Authorised Users”), who have been issued a user identification and password (“Login”) by us shall be permitted to access and use the Site and/or the Services. You shall procure that all Authorised Users shall be subject to the terms of these Terms and Conditions. You shall be responsible for any breach of these Terms and Conditions by any of your Authorised Users and any other persons who gain access to the Site and/or the Services through you or your Logins (except in the case of fraud).

You agree to exercise reasonable care to maintain the security of your Logins and other account information (collectively, “Account Information”). You and your designees agree to not disclose your Account Information to anyone else, and to not use anyone else’s Account Information.

You agree to notify us promptly about any unauthorised use of your Account Information or any breach of security of which you become aware.

You agree to provide to us current, complete and accurate information in the course of your using the Site and to maintain and update this information in a timely manner and to ensure that such information is up to date prior to a Sales Engagement.

Sales Consultant Conduct

You agree to act with the utmost professionalism and courtesy in your dealings with Clients and with Sellcrowd.

As a Sales Consultant, you agree to the following:

Conflicts

You represent and warrant that your use of Sellcrowd is not and will not be in breach of any express or implied terms of any contract or of any other obligation legally binding upon you. You will not use Sellcrowd in any way that gives rise to any such breach or presents a conflict of interest. You will also comply with all ethical standards to which you are subject.

Material Non-Public Information

You will not use Sellcrowd to solicit, disclose or misappropriate any material non-public information within the meaning of United States securities laws or the laws of any other country.

Confidentiality

You will not disclose to any Client, to any other Sales Consultant, or to Sellcrowd any third-party’s confidential information in violation of any duty or contract right.

You must not use, disclose, solicit, make available or misappropriate any Confidential Information, trade secrets, or other proprietary information that belongs to any third-party without that party’s prior written permission.

Where the Sales Consultant is legally required to disclose the Confidential Information, the Sales Consultant shall inform the third party who disclosed the Confidential Information of the requirement as soon as reasonably practicable and liaise with that party prior to disclosing any of that party’s Confidential Information.

Confidential Information means any documents or information created, received or obtained by the Sales Consultant from or on behalf of the Client, Sellcrowd or any other party in respect of any Sales Engagement, their employees, agents, contractors and representatives. In relation to Sellcrowd, it also includes all non-public information pertaining to Sellcrowd’s business (including, without limitation, our pricing information, the identity of our Clients, the nature of and reasons for Client inquiries, and any content marked confidential) which must remain strictly confidential.

The Sales Consultant must notify Sellcrowd immediately upon becoming aware of a suspected or actual breach of this obligation.

Sellcrowd’s Services provide you with the ability to disclose certain information about yourself to Clients; it is solely your responsibility to decide whether to disclose such information and the manner of disclosure appropriate for your purposes.

Marketing and Disclosure

Unless permitted by the Client or required by law, you will not refer to the Client or its business (including the Client’s customers or the Client’s customers’ business) in any of your marketing materials, website, social media or other publications.

False and misleading information

You agree that you will not provide any false or misleading information or information which may mislead or deceive Sellcrowd, its Clients, or any other party in respect of any Sales Engagement.

You further agree not to provide any financial or investment advice to any Sellcrowd Client, including, without limitation, any ratings or securities recommendations, unless you hold all necessary qualifications and you have agreed in writing with the Client.

Accurate information

You warrant and represent that the information you provide is and shall remain complete, accurate, true and correct and that you will update information held by Sellcrowd as soon as possible after any changes.

Further information on Sellcrowd’s Policies and Guidelines may be found on our website at Sellcrowd.com (as amended from time to time).

Compliance with Client Requirements

In performing any Sales Engagement for the Client, the Sales Consultant must:

  • use a high standard of care and skill to be expected of a consultant who has experience similar to that like and at least as sophisticated as the subject matter of the Sales Engagement;
  • make all necessary enquiries of the Client to ascertain the Client’s requirements and objectives, including the Client’s requirements in relation to the Sales Consultant’s intellectual property;
  • inform the Client of any matter which may cause any budget or estimate of Fees to be revised;
  • comply with any Client policy, direction, instruction, brief, program, or schedule;
  • comply with any applicable laws;
  • obtain such insurance as required by law and provide evidence of such insurance upon request;
  • obtain, if requested by a Client, insurance which may include; professional indemnity insurance, public liability and/or workers’ compensation insurance;
  • not subcontract or engage any person other than the Sales Consultant to perform the Sales Engagement without Sellcrowd’s and the Client’s prior written approval.

User Content

You are solely responsible for any content (including for example, written text, tags, data files) you add to your account (“User Content”). User Content includes, without limitation, all content you post or send on our Site, including any blog on our Site or any social media sites maintained or operated by us (for example LinkedIn, Facebook, Twitter etc). Under no circumstances whatsoever shall Sellcrowd be liable to you or to any other person or entity for your participation in, or use of, our Site. Sellcrowd has no responsibility to review or approve User Content. You are prohibited from adding any User Content that is unlawful, infringing or defamatory. You agree to indemnify, defend and hold Sellcrowd, our officers, directors, employees, agents and representatives harmless from and against all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise from your User Content.

Independent Contractor

Any work performed on a Sales Engagement facilitated through Sellcrowd shall be performed as an independent contractor, and you are not and shall not be deemed to be an employee or agent of Sellcrowd or of any Client. You shall not be entitled to any benefits provided by Sellcrowd to its employees, and Sellcrowd will not make deductions from any of the payments due to you for tax, social security or similar purposes except if required by law.

Introductions and Non-Solicitation

For so long as:

  1. you are registered with Sellcrowd (and for 12 months after any such registration ceases); and/or
  2. engage with a Client made available by Sellcrowd (including by providing information to you regarding a Client, enabling you to identify a Client or project or otherwise causing a Client to be introduced to you)

you must not:

  1. agree to or be employed under any form of contract of employment with the Client;
  2. agree to or be engaged as a contractor for the Client;
  3. agree to or be retained by the Client as a supplier of services which would not otherwise fall within the scope of a Sales Engagement, in any way other than through the Sellcrowd Services. This applies whether or not you already knew the Client; or
  4. approach, solicit, induce, entice, offer to perform services, consult with, or otherwise be engaged for reward (directly or indirectly), with a Client introduced to you by Sellcrowd, in any other way other than through the Sellcrowd Services.

These obligations apply whether or not you already knew or had a previous relationship with the Client. This means that you must use the Sellcrowd Services as your exclusive method to engage with that Client unless Sellcrowd agrees otherwise (in writing) and Sellcrowd is paid the Introduction Fee as provided for in the Introduction Fee Policy (or as otherwise agreed in writing between Sellcrowd and the Client).

You must immediately upon being engaged, contracted or retained by the Client in a manner contemplated in subclauses (c)-(f) above notify Sellcrowd in writing.

With the global nature of the Services and the high calibre of Sales Engagement Opportunities and Sales Consultants, the Sales Consultant accepts and acknowledges that these obligations are reasonable in every respect. Further, Sellcrowd need not suffer or prove any demonstrated loss before enforcing the rights under these provisions.

Intellectual Property

Some of the Sales Engagements will allow or require the Sales Consultant to provide deliverables or content to the Client (“Sales Consultant Content”).

In the absence of any specific agreement between the Sales Consultant and the Client, the Sales Consultant will grant such rights to the Client in relation to the intellectual property in the Sales Consultant Content as necessary to enable the Client to receive the benefit of the Sales Engagement.

Sellcrowd is not responsible for any Sales Consultant or Client’s use of or misappropriation of any intellectual property rights during the course of the Services. Any agreements or disputes regarding intellectual property rights in Sales Consultant Content shall be between the Sales Consultant and the Client.

Indemnification

You agree to indemnify, defend and hold harmless, Sellcrowd and its affiliates, successors and assigns (and its and their officers, directors, employees, sublicensees, Client and agents) from and against any and all claims, damages, liabilities, losses, settlements, costs and expenses (including, without limitation attorneys’ fees and court costs) which are, arise out of or relate to:

  1. any taxes assessed to Sellcrowd (including any payroll tax, but not any income tax) or superannuation contribution obligations arising from the supply of the Sales Engagements by the Sales Consultant to the Client or the Fees paid for those supplies;
  2. any act or omission (including negligent acts or omissions) of the Sales Consultant in the performance or purported performance of any Sales Engagement;
  3. any dishonest, inaccurate, incomplete, fraudulent, negligent, wrongful, unlawful, or criminal act or omission by you in connection with your use of the Services;
  4. wilful misconduct or gross negligence in your performance of consulting services hereunder; or
  5. your breach of these Terms and Conditions, including, without limitation, any use of the Services that violates third party rights or applicable law; or
  6. any activity which you engage on or through Sellcrowd.

This indemnity will survive termination of these Terms and Conditions.

Warranty Disclaimer; Limitation of Liability

You use the services solely at your own risk. The services are provided on an “as is” and “as available” basis. We don’t control or vet user generated content for accuracy, nor do we have any obligation to monitor the use of our services or verify the identity of our users. To the fullest extent permitted by law, we disclaim any and all warranties of any kind, express or implied, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, accuracy, title or non-infringement. We do not warrant that the Site, or any part thereof, will be available or operate in an uninterrupted or error-free manner or that errors or defects will be corrected, and we disclaim all liability related thereto.

Notwithstanding anything to the contrary in this agreement and to the maximum extent permitted by law:

  1. Sellcrowd’s liability, whether under statute, tort, equity or contract, arising from or in connection with the Services is limited in the aggregate to the lower of the Fee paid by you to Sellcrowd in the most recent 30 day period or $1,000.00.
  2. Sellcrowd is not liable to the Sales Consultant in respect of any indirect, special, incidental, punitive or consequential damages, including but not limited to loss of profits, loss of opportunity, lost time or good will, howsoever arising, whether in contract, tort (including negligence), strict liability or otherwise.

Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of New South Wales, Australia. The parties agree to submit to the non-exclusive jurisdiction of the Courts of New South Wales.

Dispute Resolution

If a dispute arises out of or relating to these Terms and Conditions the relevant parties shall attempt to resolve the matter by mediation before litigation.

Unless otherwise agreed between the Sales Consultant and Client, if a dispute arises in relation to the Sales Engagement, the Sales Consultant shall attempt to resolve that dispute with the Client, by mediation between before litigation.

Nothing in this paragraph limits the rights of Sellcrowd to seek or obtain urgent interlocutory or interim relief.

Termination and Suspension

Sellcrowd or yourself may terminate this Agreement at any time for any reason. Your elected termination will be effective upon notice to Sellcrowd.

Sellcrowd reserves the right to suspend your profile or cancel your registration as an Sales Consultant, at any time, on Sellcrowd forming the view in its absolute discretion that Sellcrowd’s brand, operations (including the Site, any blogs or membership) or business (including its Client’s, partners or affiliates) may be adversely affected or harmed as a result of your continued registration as an Sales Consultant.

Termination of Sales Engagements

The Client may suspend or terminate a Sales Engagement provided that the Client gives you and Sellcrowd the following notice of termination of Sales Engagement:

  1. for Sales Engagements of less than four weeks, 1 day’s notice in writing; or
  2. for Sales Engagements exceeding four weeks or where the Sales Engagement involves the Sales Consultant working on a regular or systemic basis, 3 days notice in writing.

In each case the Client may elect to make a payment in lieu of notice or mutually agree that no payment is required.

Assignment and Subcontracting

The Sales Consultant must not subcontract, transfer or assign these Terms and Conditions (or the benefit of the relationship with Sellcrowd) without Sellcrowd’s prior written consent.

Sellcrowd may at any time novate, assign, transfer, mortgage, charge or deal in any other way with these Terms and Conditions (or part thereof) or grant or confer the benefit of any right arising under these Terms and Conditions.

Severability

If a particular term of these Terms and Conditions is not enforceable, it should be modified so as to be enforceable, but regardless will not affect any other terms. Our failure to act upon a breach of this Agreement does not mean we waive any rights that we may have.

Miscellaneous

Any translation of these Terms and Conditions or our other documentation is provided for your convenience only and the English version will govern.

If you are using this Agreement on behalf of a business, that business accepts these terms.

These Terms and Conditions constitute the entire agreement between the Sales Consultant and Sellcrowd with respect to the subject matter hereof; you also may be subject to additional terms (that we will notify you of in writing) that may apply when you use the Services (such as those that may be agreed in the context of a specific interaction).

We may modify these terms and condition from time to time by posting the modification(s) or updating these terms and conditions on our website: Sellcrowd.com. Unless otherwise specified by us when posted, all modifications will be effective upon posting. If you do not agree to any modification(s), your only recourse will be to terminate your participation as a Sellcrowd Sales Consultant. If you continue to participate as a Sales Consultant after any modification becomes effective, then your participation will constitute acceptance of such modification.

You represent that you have never been (a) convicted of a felony; or (b) the subject of an investigation by a securities regulator or other regulatory authority (state, federal or foreign) or a defendant in any proceeding where fraud or violation of laws or regulations including the taking of a false oath, the making of a false report, perjury or bribery or conspiracy to commit any such offense is alleged.

If you hold a professional license, you represent that you have not been subject to any disciplinary actions with respect to that license by any state, federal, foreign, or professional body in the past 5 years.

Pricing & Payments Procedures

Our Pricing & Payments Procedures may be updated from time to time. We will notify you of any material changes by posting the new Pricing & Payments Procedures on the Site. You are advised to consult this document regularly for any changes.

Fees

It is free to join Sellcrowd as a Client or a Sales Consultant and there are no charges to post sales jobs or to submit expressions of interest or apply for sales jobs.

When a client makes a successful hire, the following fees apply:

  • 10% fee is deducted from the hourly or other rate paid to each salesperson by the client, inclusive of commission
  • 10% fee is added on top of the advertised hourly or other rate of each salesperson and paid for by the client

As an example, if a sales consultant is advertising $30 per hour on their profile, the client will be charged $33 per hour plus taxes, and the Sales Consultant will receive $27 per hour plus taxes. These fees are charged to cover the ongoing cost of running the platform, providing the introduction services, payment of any and all associated bank fees and transaction fees, and provision of technology services such as the Sellcrowd App, CRM and timesheet.

Invoicing & Payments Process

The nominated date of payment or ‘pay day’ for all Sellcrowd Sales Consultants is the 1st and 16th of each month, however many clients wish to align payment with their own internal payment procedures or the date of the initial Sales Engagement agreement.

Sales Consultants are required to submit a timesheet or other report on or soon after the nominated pay date each month to be paid on time for the corresponding previous pay period. Other reports include agreed measure of performance as defined by the client during the Sales Engagement process, or a report of the number of hours as logged through the Sellcrowd App.

Pricing and payments timeframes/milestones are agreed and formalised in a contract on the Sellcrowd platform before work begins. The Client and Sales Consultant will agree whether payments will be made on a variable basis (monthly, weekly, daily or hourly) or on a fixed basis (based on deliverables and payments linked to milestones).

The client is required to make upfront payment for the initial sales engagement period (typically this is a fortnight). This payment is held in escrow by Sellcrowd and released to the sales consultant upon completion of the initial sales period. After this period, payment is made in arrears with strict 5 day payment terms.

Invoicing and method of payment

    1. In order to receive payment, the Sales Consultant must log into the secure platform on Sellcrowd’s Site and ensure its business details, accounts and payment settings are up-to-date and complete.
    2. The Sales Consultant must submit a payment claim via the Sellcrowd Site in accordance with Sellcrowd’s Pricing and Payments Procedures and/or these terms and conditions, or at such other times as agreed with Sellcrowd and the Client.
    3. Invoices submitted after 90 days of completion of the relevant Services, without Sellcrowd’s consent, will not be accepted and will not be paid.
    4. Sellcrowd shall submit the payment claim to the Client for approval by email and via the Sellcrowd platform within two (2) business days of the Sales Consultant submitting a valid payment claim in accordance with the Sellcrowd Pricing and Payment Procedures and other requirements requested by the Client (timesheets, expense receipts etc.).
      1. If the Client does not either approve or dispute the payment claim within five (5) business days from the date Sellcrowd emails the payment claim to the Client, the payment claim will be deemed to have been approved by the Client.
      2. If the Client disputes the payment claim, you will liaise with the Client and based on such liaison, you will provide an amended payment claim.
    5. Within one (1) business day of:
      1. approval (or deemed approval) of the payment claim by the Client; or
      2. receipt of an amended payment claim under paragraph (d)(ii) above, Sellcrowd will provide the Client with a tax invoice in the amount of the approved (or amended) payment claim such amount being payable within five (5) business days of the date of issue of the tax invoice, unless otherwise agreed.
    6. Within 10 business days of the date that the tax invoice is submitted to the Client and after the Client has transferred funds to Sellcrowd, Sellcrowd will pay the Sales Consultant the amount of the approved (or amended) payment claim after deduction of the Service Fee, GST and other amounts Sellcrowd is entitled to deduct under these terms and the Sellcrowd Pricing & Payments Procedures.
  • Invoicing and payments by Sellcrowd will (where possible) be on the basis of Sellcrowd acting as the intermediary that facilitated the supply to the Client of the Sales Engagements by the Consultant and that facilitated the acquisition by the Client of the Sales Engagements from the Consultant in accordance Subdivision 153-B of the A New Tax System (Goods and Services Tax) Act 1999. The Consultant will not invoice the Client directly.

 

Payment Methods

  • Client payments can be made through a number of mechanisms such as credit card or bank transfersCredit card payments are powered by Stripe™. Our system utilizes industry-leading security measures, so you can feel comfortable that the payment is secure. Clients receive a confirmation and receipt for transactions and records of transactions can be found on the client dashboard.
  • Experts in Australia can be paid by direct bank deposit or PayPal. Experts outside Australia are paid by Paypal.