Terms of service

Terms and Conditions

These Terms & Conditions apply to all quotations, invoices, bookings, staffing services and related communications provided by Origin Five.

By paying any amount towards a booking, accepting a quotation or invoice, or instructing Origin Five to proceed, the customer confirms that they have read and accepted these Terms & Conditions.

In these Terms:

  • Administration, Logistics and Coordination Fee means any fee identified by that name, or a similar name, in a quotation or invoice.

  • Booking means the staffing services and associated arrangements described in a quotation, invoice or written booking confirmation.

  • Booking Deposit means the amount required to confirm a Booking and commence administration, coordination and staffing fulfilment.

  • Business Day means a day other than a Saturday, Sunday or public holiday in the place where Origin Five principally operates.

  • Confirmed Booking means a Booking accepted by Origin Five after the required payment has been received in cleared funds.

  • Customer means the person, business or organisation requesting or purchasing services from Origin Five.

  • Origin Five, we, us and our mean Origin Five.

  • Staff Member means any worker, employee, contractor or other person recruited, introduced, allocated or supplied by Origin Five.

  • Writing includes email, electronic messages, quotations, invoices and communications issued through our booking or payment systems.

1. Quotations, invoices and acceptance

Quotations and invoices are prepared using the event information, staffing requirements, dates, times, locations, duties and service expectations supplied by the Customer.

The Customer is responsible for ensuring that all information supplied to Origin Five is complete and accurate.

A quotation, invoice or response to an enquiry is issued for administrative purposes and does not, by itself, confirm that staff have been secured or that Origin Five has accepted the Booking.

A Booking is confirmed only when:

  • the required Booking Deposit or full payment has been received in cleared funds;

  • Origin Five has accepted the Booking; and

  • Origin Five has issued or otherwise communicated confirmation.

Payment of any amount towards a Booking confirms the Customer’s acceptance of:

  • the staffing services described in the quotation or invoice;

  • the stated rates, fees, minimum hours and charges;

  • the Booking details recorded in the quotation or invoice; and

  • these Terms & Conditions.

The Customer must review all Booking details before making payment and promptly notify Origin Five of any error, omission or requested amendment.

Quoted rates, staffing numbers, minimum shift requirements, service durations and operational assumptions are based on the information available when the quotation or invoice is prepared.

If the Customer later changes the staffing numbers, hours, dates, location, duties, event scope, access arrangements or operating conditions, Origin Five may issue a revised quotation or invoice and apply revised rates or fees.

Each quotation or invoice will state the applicable GST treatment.

2. Booking Deposits, confirmed value and payment

A Booking Deposit is required to reserve the event date and commence administration, recruitment planning, staffing allocation and fulfilment.

The required Booking Deposit will be stated in the applicable quotation or invoice.

The Booking Deposit secures and contributes towards work including:

  • reservation of the event date and timeframe;

  • Booking administration;

  • Customer communications;

  • event coordination;

  • recruitment and fulfilment planning;

  • advertising and candidate sourcing;

  • rostering and staffing allocation;

  • Staff Member engagement and reservation; and

  • preparation for service delivery.

Once the Booking Deposit has been received and Origin Five has confirmed the Booking, the Booking Deposit is earned and is non-refundable where the Customer cancels, postpones, reschedules, reduces or materially changes the Booking, subject to clauses 6 and 22.

The Booking Deposit is applied towards the total Booking value and is not an additional fee unless expressly stated otherwise.

Once a Booking is confirmed, the confirmed Booking value becomes the minimum charge for that Booking, subject to any service adjustment applying under clauses 6 and 22.

A later Customer-requested reduction in staffing numbers, hours, dates, duties or scope does not reduce the confirmed Booking value.

If the Customer requests a change that increases staffing numbers, hours, duties, dates, locations, travel requirements or operational demands, Origin Five may increase the Booking value. The revised higher amount will then apply.

Unless Origin Five confirms a different payment arrangement in writing, the remaining balance must be paid no later than 14 days before the first event date.

For a Booking made within 14 days of the event, Origin Five may require full payment before confirming the Booking or commencing staffing fulfilment.

Payment may be made by direct deposit, credit card or another payment method offered by Origin Five.

For a direct deposit, the Customer should use the invoice number as the payment reference.

Any card or payment-processing surcharge will:

  • be disclosed before payment;

  • reflect the applicable payment method; and

  • not exceed the amount Origin Five is permitted to recover for that payment method.

If the Customer does not meet a payment deadline, Origin Five may:

  • suspend recruitment, allocation or coordination activity;

  • withhold Staff Member details;

  • decline to release Staff Members to the Booking;

  • release allocated Staff Members;

  • withdraw or cancel the Booking;

  • require full payment before recommencing work; or

  • charge reasonable additional costs arising from the delay or reinstatement.

Origin Five is not responsible for a staffing shortfall, delay or loss of availability caused or contributed to by the Customer’s late payment.

3. Administration, Logistics and Coordination Fee

An Administration, Logistics and Coordination Fee may apply where stated in the quotation or invoice.

This fee may cover:

  • Booking administration;

  • Customer communications;

  • event coordination;

  • recruitment and fulfilment planning;

  • scheduling and rostering;

  • Staff Member engagement;

  • location-related logistics;

  • operational management; and

  • other administrative work associated with the Booking.

The fee is earned once the Booking is confirmed and remains payable if the Customer cancels, postpones, reschedules, reduces or materially changes the Booking.

Separate or additional fees may apply where a Booking involves multiple dates, locations, workstreams, access requirements or other material operational requirements.

4. Staffing allocation and fulfilment

Origin Five operates as an on-demand staffing provider.

Staff Members are sourced and allocated according to factors including:

  • availability;

  • suitability for the booked role;

  • relevant experience;

  • event location;

  • travel and access requirements;

  • shift duration;

  • Customer requirements; and

  • operational circumstances.

Recruitment and allocation may occur progressively after a Booking is confirmed.

Final event details and indicative Staff Member information are generally supplied closer to the event date and may be supplied approximately one day before the scheduled shift.

This is an operational guide and not a guaranteed delivery time.

Preliminary staff names, allocation updates and fulfilment indications are supplied for coordination purposes only and may change before or during the event.

A preliminary allocation does not guarantee that a specifically named Staff Member will attend.

Unless Origin Five expressly confirms otherwise in writing, the Customer is purchasing the supply of suitably allocated staffing services and not the personal services of a particular individual.

Staff assignments may change because of:

  • illness or emergency;

  • transport disruption;

  • changes in availability;

  • performance or suitability concerns;

  • safety considerations; or

  • other operational circumstances.

If an allocated Staff Member becomes unavailable, Origin Five will use reasonable efforts to arrange a suitable replacement where operationally practicable.

Where a change occurs at short notice, Origin Five cannot guarantee the availability, identity or arrival time of a replacement.

The unavailability, lateness or replacement of one Staff Member does not constitute cancellation or non-performance of the entire Booking.

5. Fulfilment updates and know-by requests

The Customer may request a reasonable know-by date before the event for an update on expected staffing fulfilment.

Origin Five will use reasonable efforts to provide an update using the best information available at that time.

A fulfilment update may identify:

  • roles already allocated;

  • roles awaiting final confirmation;

  • anticipated staffing numbers; and

  • operational issues known to Origin Five at that time.

A fulfilment update:

  • is supplied for transparency and planning;

  • reflects staffing information available when the update is issued;

  • may remain subject to change;

  • is not a guarantee that a named person will attend;

  • does not change the confirmed Booking value;

  • does not change cancellation or payment obligations; and

  • does not create an automatic right to cancel without the applicable charges.

Final staffing information is generally supplied closer to the event date.

Staffing remains subject to real-world availability and operational circumstances up to the commencement of each shift.

6. Service delivered, service adjustments, refunds and credits

This clause applies where Origin Five does not deliver all or part of a confirmed staffing service.

It does not apply where the Customer, venue or event representative cancels, reduces, postpones, reschedules, ends early or materially changes the Booking.

Any service adjustment will be calculated separately for each affected Staff Member and each affected shift.

All staffing time delivered will be accounted for and remains chargeable.

Any confirmed staffing time not delivered will be assessed in 15-minute increments.

No adjustment applies to staffing time that was:

  • delivered as booked;

  • made up later by agreement;

  • made available but not used;

  • affected by a delayed commencement caused by the Customer, venue or event;

  • interrupted because the Staff Member could not obtain access, instructions or required equipment; or

  • not completed because the Customer, venue or authorised event representative released the Staff Member early or prevented the service from being performed.

If a confirmed Staff Member is not supplied and no replacement service is delivered, the prepaid staffing charge specifically attributable to the undelivered time may be refunded or credited.

A shortfall affecting one Staff Member does not entitle the Customer to a refund or credit for:

  • Staff Members who attended and performed their shifts;

  • staffing time actually delivered;

  • unrelated staffing services;

  • unaffected Staff Members, shifts or event dates;

  • the entire Booking;

  • the entire Booking Deposit;

  • the Administration, Logistics and Coordination Fee; or

  • the entire invoice.

If a Staff Member arrives late, the time actually delivered remains chargeable. Any applicable adjustment will be calculated in 15-minute increments by reference only to the confirmed time not worked.

Where operationally practicable and agreed with the Customer or authorised event representative, a late-arriving Staff Member may work beyond the scheduled finish time to make up lost time.

Where the full booked service duration is ultimately delivered, no refund or credit applies for the time made up.

If only part of the lost time is made up, any adjustment will be limited to the remaining undelivered time and calculated in 15-minute increments.

For example, if a Staff Member delivers three hours and 45 minutes of a confirmed four-hour shift and the remaining 15 minutes is not made up, only that undelivered 15-minute period will be considered for an adjustment.

No refund, reduction or credit applies where the Customer, venue or authorised event representative:

  • releases a Staff Member before the confirmed finish time;

  • directs the Staff Member to stop working;

  • delays the commencement of duties;

  • does not have work ready for the Staff Member;

  • prevents the Staff Member from completing the shift; or

  • no longer requires the booked services.

Staff Members are engaged in reliance on the confirmed shift duration. The applicable minimum and confirmed charges therefore remain payable.

Any refund or credit will be limited to the staffing charge attributable to the confirmed time not delivered. It will not include unrelated charges or services already delivered.

To allow prompt investigation, a request for a service review, refund or credit should be submitted in writing within three Business Days after the event and include:

  • the event and shift details;

  • the affected Staff Member or position;

  • the confirmed shift time;

  • the time actually delivered;

  • the nature and timing of the issue; and

  • any supporting information reasonably available.

This notification period does not remove any right the Customer is entitled to exercise under clause 22.

7. Customer cancellations, changes, reductions and rescheduling

If the Customer cancels, postpones, reschedules, reduces or materially changes a Confirmed Booking:

  • the Booking Deposit remains payable in full;

  • the Administration, Logistics and Coordination Fee remains payable in full;

  • the confirmed Booking value remains the minimum charge;

  • reasonable additional work or costs caused by the change may be charged; and

  • staffing for a replacement date remains subject to availability and current pricing.

Where Origin Five has commenced advertising, recruiting, screening, communicating with, allocating, reserving or confirming Staff Members, the following Staff Cancellation Fees apply for each affected Staff Member:

  • $75 plus GST where the cancellation, reduction or removal occurs before the scheduled event day; or

  • $99 plus GST where the cancellation, reduction or removal occurs on the scheduled event day.

A Staff Member is considered affected where Origin Five has commenced or completed work associated with sourcing, advertising for, assessing, communicating with, allocating, reserving, assigning or confirming that person or staffing position.

Staff Cancellation Fees contribute towards work and costs including:

  • advertising and recruitment;

  • applicant assessment and screening;

  • communications with applicants and Staff Members;

  • selection and allocation;

  • rostering and scheduling;

  • Staff Member engagement and reservation;

  • Booking administration;

  • Customer coordination; and

  • management of the cancellation or change.

The higher same-day fee reflects the limited opportunity to reallocate Staff Members who reserved the scheduled time and the additional coordination required to manage a last-minute change.

Staff Cancellation Fees:

  • are calculated for each affected Staff Member;

  • apply in addition to the Booking Deposit and applicable administration fees;

  • apply only to affected Staff Members where part of a Booking is removed; and

  • will not exceed the staffing charge that would otherwise have applied to the affected Staff Member.

Staffing that remains confirmed will continue to be supplied and charged in accordance with the Booking.

Rescheduling is a change to the original Confirmed Booking and not a transfer of guaranteed staffing to another date.

Payments made for the original Booking do not guarantee staff availability for a replacement date.

Any replacement date remains subject to:

  • Staff Member availability;

  • current rates and fees;

  • revised event information;

  • a revised quotation or invoice; and

  • confirmation by Origin Five.

Origin Five may apply amounts paid for the original Booking towards a rescheduled Booking at its discretion after accounting for work performed and costs already incurred.

A rescheduling or additional administration fee may apply where disclosed before the revised Booking is confirmed.

8. Staff performance and reliability

Origin Five will use reasonable efforts to supply reliable Staff Members who are suitable for their confirmed roles.

A Staff Member’s unexpected cancellation, late arrival or non-attendance does not, by itself, establish that the entire Booking has not been delivered.

Any service adjustment will be assessed under clause 6 for the particular Staff Member, shift and confirmed time not delivered.

Differences in personality, working style, speed, confidence, communication style or approach do not, by themselves, mean that the booked staffing service was not delivered.

The Customer should notify Origin Five of any concern about a Staff Member’s conduct, performance or suitability as soon as reasonably practicable during the event.

Prompt notification gives Origin Five an opportunity to:

  • investigate the concern;

  • communicate with the Staff Member;

  • provide guidance;

  • make an operational adjustment; or

  • consider a replacement where reasonably possible.

Where the Customer does not provide Origin Five with a reasonable opportunity to assess or address a concern during the event, this may be considered when determining whether any later adjustment is appropriate.

9. Staff skillset and role scope

Origin Five supplies Staff Members for the role category stated in the Confirmed Booking.

General event and hospitality-support roles may include duties such as:

  • basic food and beverage service;

  • bar assistance;

  • guest-facing event assistance;

  • event setup or pack-down support; and

  • other general event duties expressly included in the Booking.

Unless expressly assessed and confirmed in writing before the Booking, Staff Members are not supplied to perform:

  • formal silver service;

  • specialist fine-dining service;

  • formal multi-course service;

  • advanced plate-carrying requirements;

  • duties outside the confirmed role; or

  • other licensed, technical or specialist services.

An event requiring elevated, formal or specialist service must be disclosed before confirmation so Origin Five can assess staffing suitability and availability.

The Customer is responsible for selecting a role category that accurately reflects the duties, experience and service standard required.

The Customer must not direct a Staff Member to perform duties that are:

  • unsafe;

  • unlawful;

  • materially outside the confirmed role;

  • inconsistent with information supplied before confirmation; or

  • dependent on qualifications, licences, certifications or specialist experience not expressly included in the Confirmed Booking.

10. Minimum shift durations and early release

The minimum shift applying to each Staff Member will be stated in the quotation or invoice.

If no minimum is stated, the minimum ordinarily applied by Origin Five to that role and Booking will apply as communicated before confirmation.

The confirmed minimum shift and confirmed Booking value remain payable where:

  • the event finishes early;

  • attendance or guest numbers are lower than expected;

  • the Customer no longer requires all booked duties;

  • the Customer asks a Staff Member to finish early;

  • the venue changes its operating arrangements;

  • work cannot continue because of circumstances controlled by the Customer or venue; or

  • the Customer, venue or event representative releases a Staff Member before the confirmed finish time.

Early release does not constitute a cancellation by Origin Five or a failure to supply the confirmed service.

11. Additional time, extensions and on-site variations

Staff Members are booked for the times stated in the confirmed quotation, invoice or written Booking communication.

Time worked beyond the scheduled finish time is treated as an approved extension where the Staff Member is requested, directed or permitted to continue working by:

  • the Customer;

  • the venue;

  • the nominated event contact;

  • an event organiser; or

  • another person who reasonably appears to have authority over the event.

All additional staffing time delivered will be accounted for and charged in 15-minute increments at the applicable rate.

A commenced 15-minute period may be charged as a full 15-minute increment where the Staff Member is required to continue working beyond the scheduled finish time.

Same-day extensions, late-night work, unplanned duties, additional responsibilities and material on-site variations may attract additional:

  • staffing charges;

  • penalty or public holiday rates;

  • travel expenses;

  • surcharges; or

  • administration fees.

Additional charges may be invoiced after the event and must be paid by the invoice due date.

The Customer must ensure that its representatives, event organisers and venue contacts understand that requesting or permitting additional work may result in additional charges.

Origin Five is not required to extend a shift. Any extension remains subject to Staff Member availability, safety, fatigue, transport and operational considerations.

12. Quoted rates and changes to staffing requirements

Quoted hourly rates are based on the staffing numbers, service duration, dates, location and scope described when the quotation is prepared.

The Customer acknowledges that a rate may be structured by reference to the overall staffing allocation and Booking duration.

A Customer-requested:

  • reduction in the number of Staff Members;

  • reduction in booked hours;

  • change to an event date or location;

  • change to the required duties; or

  • material change to the service scope

may result in revised rates or fees.

Origin Five will communicate any revised pricing before confirming additional or materially changed services.

A reduction requested after confirmation does not reduce the confirmed Booking value.

13. Same-day bookings, short-notice requests and public holidays

Same-day and short-notice staffing requests are subject to Staff Member availability and operational feasibility.

Submitting an enquiry or receiving a quotation does not mean that staff have been secured.

A short-notice Booking is confirmed only when Origin Five has:

  • accepted the Booking;

  • secured suitable staffing; and

  • received the required payment in cleared funds.

Additional rates or surcharges may apply to:

  • same-day requests;

  • short-notice Bookings;

  • late-night or early-morning work;

  • weekend work;

  • public holidays;

  • regional or remote locations;

  • difficult-to-access locations; and

  • unusual or urgent operational requirements.

Public holiday rates and other disclosed surcharges apply in addition to ordinary staffing charges.

14. Customer responsibilities and event conditions

The Customer must provide complete, accurate and timely information concerning:

  • the event date and location;

  • shift commencement and finish times;

  • staffing numbers;

  • booked roles and duties;

  • required experience or certifications relevant to an offered role;

  • expected service style and standard;

  • uniform and presentation requirements;

  • the nominated on-site contact;

  • venue access;

  • parking and public transport;

  • security, loading and entry procedures;

  • required checks, permits or accreditations;

  • meal and rest-break arrangements;

  • expected guest numbers;

  • alcohol service;

  • equipment to be used; and

  • unusual risks or operating conditions.

The Customer must promptly notify Origin Five of any change to this information.

The Customer is responsible for ensuring that:

  • the event and workplace are safe, lawful and suitable;

  • Staff Members receive an appropriate site induction, instructions and supervision;

  • suitable and safe equipment is supplied where required;

  • the event and venue hold all required permits, approvals and licences;

  • Staff Members have reasonable access to drinking water and bathroom facilities;

  • required meal and rest breaks are provided;

  • hazards or incidents are promptly communicated to Origin Five; and

  • Staff Members are treated respectfully.

Staff Members must not be subjected to:

  • harassment or discrimination;

  • intimidation or threatening behaviour;

  • violence or inappropriate physical contact;

  • unsafe conditions;

  • unlawful conduct; or

  • unreasonable or abusive treatment.

Origin Five may direct a Staff Member to stop work or leave the event where it reasonably considers that:

  • the workplace or requested work is unsafe;

  • the Staff Member is being mistreated;

  • unlawful conduct is occurring;

  • the duties materially differ from the booked role;

  • the Customer supplied materially inaccurate or incomplete information; or

  • continuing the shift creates an unreasonable health, safety, legal or operational risk.

Where work is interrupted or stopped because of the Customer, venue, attendees, event conditions or inaccurate information, the confirmed charges remain payable.

Where alcohol is supplied or served, the Customer is responsible for ensuring that the venue and event operate in accordance with relevant licensing and responsible-service requirements.

Staff Members must not be directed to supply alcohol unlawfully or contrary to responsible-service requirements.

Origin Five and the Customer will cooperate and coordinate on workplace health and safety matters to the extent each can influence or control the work and workplace.

Nothing in these Terms transfers or removes a workplace health and safety responsibility that a party is required to retain.

15. Parking, travel, access and additional costs

The Customer must disclose all known parking, transport, access, security, permit and entry requirements before the Booking is confirmed.

The Customer must reimburse reasonable event-related costs incurred by Origin Five or attending Staff Members, including:

  • parking fees;

  • tolls;

  • venue entry charges;

  • permits;

  • required checks or accreditations;

  • approved transport expenses;

  • accommodation where required; and

  • other costs reasonably necessary to attend or perform the Booking.

A parking fine or penalty will be payable by the Customer only where it results directly from:

  • incorrect parking instructions supplied by the Customer or venue;

  • an undisclosed venue restriction;

  • a Customer direction requiring parking in a restricted location; or

  • another circumstance for which the Customer or venue is responsible.

A fine resulting from a Staff Member’s failure to comply with clearly communicated lawful parking requirements is not payable by the Customer.

Travel charges, longer minimum shifts or accommodation costs may apply to regional, remote or difficult-to-access locations.

If the actual location, access arrangements or operating conditions materially differ from the information supplied by the Customer, Origin Five may recover reasonable additional costs resulting from those conditions.

Origin Five is not responsible for delays caused by:

  • incorrect or incomplete access instructions;

  • venue restrictions;

  • undisclosed parking limitations;

  • security or entry delays;

  • road or transport conditions; or

  • other circumstances outside its reasonable control.

16. Staff details, privacy and direct contact

Staff Member contact information is supplied only where reasonably necessary for Booking coordination.

The Customer must:

  • use Staff Member details only for the Confirmed Booking;

  • keep those details secure;

  • limit access to people who reasonably require the information for the event; and

  • delete or securely dispose of the information when it is no longer required.

The Customer must not:

  • retain or use Staff Member information for unrelated purposes;

  • add Staff Members to a marketing or contact database;

  • disclose their information to unrelated parties;

  • contact them to offer separate or private work;

  • use their information to bypass Origin Five; or

  • otherwise misuse their personal information.

Operational changes, extensions, complaints, performance concerns and future staffing requests must be directed through Origin Five.

Origin Five will handle personal information in accordance with its published privacy practices or Privacy Policy.

17. Non-solicitation and direct engagement of Staff Members

Staff Members introduced, recruited, allocated or supplied through Origin Five form part of Origin Five’s workforce and staffing network.

Without Origin Five’s prior written consent, the Customer must not directly or indirectly:

  • employ;

  • engage;

  • contract with;

  • subcontract;

  • solicit;

  • book;

  • refer to another staffing provider; or

  • otherwise retain

a Staff Member introduced through Origin Five for separate or future work.

This restriction applies whether the engagement is made by:

  • the Customer;

  • an associated business;

  • a related entity;

  • the venue;

  • an event organiser;

  • a Customer representative; or

  • another person acting for or in connection with the Customer.

The restriction applies during the Booking and for 12 months after the later of:

  • the Staff Member’s most recent shift for the Customer; or

  • the most recent introduction or communication of that Staff Member’s details to the Customer.

This restriction does not prevent general recruitment activity that:

  • is not directed at an introduced Staff Member; and

  • does not use information obtained through Origin Five.

If the Customer wishes to engage an introduced Staff Member directly, the Customer must first contact Origin Five.

Origin Five may approve the engagement subject to an agreed placement or transfer fee.

Unauthorised direct engagement does not prevent Origin Five from recovering the reasonable loss, recruitment value and costs resulting from the Customer’s breach.

18. Staff review policy

Origin Five may internally monitor and review Staff Member performance, reliability, conduct and suitability.

Origin Five may take reasonable operational action where it receives a substantiated performance concern, including:

  • providing feedback or further instructions;

  • monitoring future performance;

  • changing the Staff Member’s role eligibility;

  • restricting future allocations; or

  • removing the Staff Member from future Bookings.

Repeated substantiated concerns may result in a Staff Member being removed from future allocations.

A single serious or substantiated incident may result in immediate restriction or removal from future Bookings.

Internal staffing or engagement decisions remain at Origin Five’s discretion, having regard to the available information, fairness to the Staff Member, safety and operational requirements.

The Customer is not entitled to demand a particular internal disciplinary outcome.

19. Photography and media

Origin Five may create or receive photographs, video or other media showing Staff Members performing services at an event.

Unless the Customer opts out in writing before or during the event, the Customer permits Origin Five to use appropriate event-related media for:

  • its website;

  • social media;

  • marketing;

  • promotional materials;

  • proposals; and

  • portfolio purposes.

Origin Five will use reasonable care not to publish confidential, sensitive, misleading or inappropriate material.

The Customer is responsible for identifying any photography or filming restrictions and obtaining any permission required from the venue, organiser or attendees.

Origin Five remains responsible for obtaining any consent it requires directly from identifiable Staff Members.

Media created by or on behalf of Origin Five remains the property of Origin Five unless otherwise agreed in writing.

20. Events outside reasonable control

Origin Five is not responsible for delay, disruption or failure caused by circumstances outside its reasonable control, including:

  • serious illness or emergency;

  • severe weather;

  • natural disaster;

  • fire or flood;

  • road closure;

  • transport disruption;

  • public transport failure;

  • government restriction;

  • industrial action;

  • venue closure;

  • utility or communications failure;

  • civil disturbance; or

  • another circumstance that could not reasonably have been prevented or overcome.

If such a circumstance affects a Staff Member, Origin Five will use reasonable efforts to arrange a replacement or another practical operational solution.

Both parties must take reasonable steps to minimise the effects of the disruption.

Where the disruption prevents Origin Five from supplying a material part of the service, any applicable refund, credit or other adjustment will be assessed under clauses 6 and 22 after taking account of:

  • staffing services already delivered;

  • staffing time made available;

  • administration and fulfilment work already performed;

  • costs already incurred; and

  • the confirmed staffing time not delivered.

21. Insurance, responsibility and liability

Origin Five supplies staffing services only.

Origin Five does not manage or control the Customer’s event or venue and does not assume responsibility for:

  • event management;

  • venue operations;

  • event security;

  • attendees or guests;

  • Customer property;

  • equipment supplied by the Customer or venue;

  • alcohol licensing; or

  • the overall conduct of the event.

The Customer must maintain insurance appropriate to its event and activities, including insurance relating to:

  • the venue;

  • event activities;

  • attendees;

  • property and equipment;

  • alcohol service;

  • public liability; and

  • the general operation of the event.

Each party remains responsible for maintaining any insurance required for its own business, activities, personnel and responsibilities.

Nothing in these Terms transfers or removes an insurance, employment, workers’ compensation or workplace safety obligation that cannot be transferred or removed.

Where Origin Five is entitled to limit its liability, Origin Five is not liable for indirect, incidental, special or consequential loss, including loss of:

  • profit;

  • revenue;

  • business opportunity;

  • anticipated savings;

  • goodwill; or

  • reputation.

Where Origin Five is entitled to limit its liability, its total liability arising from a particular service or occurrence is limited to the amount paid or payable for the affected staffing service.

The Customer is responsible for reasonably foreseeable loss, damage, expense or third-party claims arising from:

  • inaccurate or incomplete information supplied by the Customer;

  • unsafe or unlawful event conditions;

  • instructions given by the Customer, venue or event representative;

  • duties outside the confirmed role;

  • the Customer’s breach of these Terms; or

  • the conduct of the Customer, venue, attendees or other contractors,

except to the extent caused or contributed to by Origin Five’s negligent, unlawful or wrongful conduct.

Each party must take reasonable steps to minimise any loss for which it seeks compensation.

22. Customer rights and application of these Terms

These Terms apply together with the consumer guarantees and other rights provided by the Australian Consumer Law.

Nothing in these Terms excludes, restricts or modifies a guarantee, right, remedy or liability that cannot be excluded, restricted or modified.

Where Origin Five is permitted to limit a remedy for a failure relating to services not ordinarily acquired for personal, domestic or household use, Origin Five may elect to:

  • supply the affected services again; or

  • pay the reasonable cost of having the affected services supplied again.

Any exclusion, limitation, charge or other provision in these Terms applies only to the extent that it can properly apply to the relevant Booking and circumstances.

23. Outstanding payments and recovery costs

All invoices must be paid in full by the stated due date.

If an amount remains unpaid, Origin Five may:

  • suspend current Booking activity;

  • withhold Staff Member details;

  • release allocated Staff Members;

  • decline further work;

  • cancel or refuse future Bookings;

  • require advance payment for future services;

  • refer the outstanding amount for collection; or

  • commence reasonable recovery action.

The Customer must reimburse Origin Five for reasonable external debt-recovery and enforcement costs incurred in recovering an overdue amount.

A payment dispute must be raised promptly and include sufficient information to identify:

  • the disputed item;

  • the amount disputed; and

  • the reason for the dispute.

A dispute concerning one item does not permit the Customer to withhold payment for services or charges that are not genuinely disputed.

Origin Five may apply a payment received from the Customer to the oldest outstanding amount unless another allocation is confirmed in writing.

24. Communications and marketing

By submitting an enquiry, requesting a quotation or confirming a Booking, the Customer agrees to receive communications reasonably required for:

  • quotation preparation;

  • Booking administration;

  • staffing fulfilment;

  • payment and invoicing;

  • event coordination;

  • operational updates;

  • service delivery; and

  • post-event administration.

Operational communications may be sent by email, telephone, SMS or another contact method supplied or used by the Customer.

Origin Five may send service announcements or marketing communications where the recipient has consented or where the communication is otherwise permitted.

Origin Five may use publicly available business contact information for genuine business-to-business communications where permitted, having regard to the source of the information, the recipient’s role and any stated restrictions on its use.

Marketing communications will:

  • identify Origin Five;

  • include accurate sender contact information; and

  • provide a functional unsubscribe method where required.

An unsubscribe request will be processed within the required timeframe.

Unsubscribing from marketing communications does not prevent Origin Five from sending operational or transactional communications concerning a current or previous Booking.

25. Complaints and disputes

A Customer with a complaint or concern should notify Origin Five promptly and provide reasonable details and supporting information.

Origin Five and the Customer must first use reasonable efforts to resolve the matter through direct discussion.

While a dispute is being considered:

  • both parties must continue to perform unaffected obligations where reasonably practicable;

  • the Customer must pay all undisputed amounts by their due dates; and

  • either party may take urgent action where reasonably necessary to protect its position.

Nothing in this clause prevents either party from exercising a right or using a dispute-resolution process available to it.

26. General provisions

These Terms apply to every Origin Five quotation, invoice, Booking and staffing service unless Origin Five expressly confirms a different arrangement in writing.

A variation to a Booking or these Terms is effective only when confirmed by Origin Five in writing.

If there is an inconsistency between documents forming part of a Booking, the following order applies unless expressly stated otherwise:

  1. a written variation specifically agreed for that Booking;

  2. the latest confirmed quotation or invoice;

  3. these Terms & Conditions; and

  4. other general communications or promotional material.

The confirmed written Booking records the agreement between Origin Five and the Customer concerning the services.

The Customer must not rely on a statement, expectation or representation that is inconsistent with the confirmed written Booking.

A failure or delay by Origin Five in exercising a right does not waive that right.

A waiver applies only to the specific matter for which it is given and must be confirmed in writing.

If a provision is invalid, unlawful or unenforceable, it will be read down to the extent necessary.

If it cannot be read down, it will be removed, and the remaining provisions will continue to operate.

Headings are included for convenience and do not affect interpretation.

Words such as “including” and “includes” do not limit the matters that follow them.

Where more than one person or entity is identified as the Customer, their obligations apply jointly and individually.

The Customer confirms that any person who:

  • approves a quotation;

  • makes a payment;

  • instructs Origin Five;

  • requests a variation;

  • confirms staffing time; or

  • directs Staff Members at the event

has authority to act on behalf of the Customer.

Clauses concerning payments, cancellation charges, privacy, direct engagement, liability, recovery costs and disputes continue after completion or cancellation to the extent required to give them effect.

These Terms are governed by the laws of the Australian state or territory in which Origin Five principally operates in connection with the relevant Booking, subject to any mandatory requirements applying to the transaction.

Origin Five may update these Terms from time to time.

The version accepted when the Customer first pays towards the relevant Booking applies to that Booking unless Origin Five and the Customer later accept a written variation.