Revised Date: November 2024

1. Introduction

These Terms and Conditions ("Agreement") govern the use of services provided by Farm Work Visa Solutions ("Agency," "we," "us," or "our"). By using our services, you ("User," "Visa Holder," or "Farm Owner") agree to be bound by the terms outlined in this Agreement.

2. Services Provided

The Agency connects Visa Holders with Farm Owners to facilitate job opportunities that allow Visa Holders to fulfill their 88-day work requirement for visa extension purposes.

Our role is to connect you, the working holiday visa holder, with an employer who is looking for workers for visa-approved jobs.

This agreement serves to make clear that once you have been introduced to the employer and have paid the connection fee, our involvement in the process ends.

We are not your employer, and we do not assume any responsibility for the employment relationship between you and the employer after the connection is made.

3. Fees and Payments

Visa Holder Fee: A non-refundable finder's fee is charged to Visa Holders for the opportunity to secure a job opportunity.

Upon payment of our connection fee, we will introduce you to the potential employer who is looking for workers.

After the introduction is made, you will be responsible for communicating directly with the employer regarding the terms of employment, including hours, wages, duties, and working conditions.

Once the connection fee is paid, we are not responsible for any employment-related matters or disputes

that may arise during your employment. This fee is for the purpose of introduction only.

4. Employment Guarantees:

While we do our best to match you with an employer seeking workers and who has already pre-approved your position, we cannot guarantee that you will be hired by the employer we introduce you to. If this is the case, you will be refunded your fee.

It is ultimately the employer’s decision to hire you, and you will be responsible for discussing and agreeing on the terms of your employment directly with them.

5. Visa Compliance and Work Duration:

To meet the requirements for your visa extension, you will need to complete a minimum of 88 days of work in a visa-approved job. It is your responsibility to ensure that the work you are offered by the employer meets these requirements.

If the employer does not offer you enough work days, or if you leave the job early, it is up to you to find alternative employment to meet the 88-day requirement. We do not guarantee that the work you are connected with will last the full 88 days, and we are not responsible for finding you another job if this happens.

6. Employment Responsibilities and Behavior:

Once you begin working, you are responsible for your behavior and performance on the job. If there are issues related to your performance, attitude, or conduct, these will need to be resolved directly between you and your employer.

We are not responsible for managing any disputes or issues that arise between you and your employer during your employment.

7. No Responsibility for Working Conditions:

It is important to understand that we are not responsible for your working or living conditions once you are hired. The employer is responsible for ensuring that the work and accommodation provided meet the standards required under Australian law.

Working Conditions: Your employer must comply with all relevant labor laws in Australia, including the Fair Work Act, which governs wages, hours of work, and proper breaks.

Living Conditions: If your employer provides accommodation, it is their responsibility to ensure it complies with the relevant State law and is safe, clean, and meets minimum standards for workers. You must communicate with your employer about the specifics of the accommodation.

If you have concerns about your working or living conditions, these are matters that you must address with your employer. We are not involved in these aspects of your employment and cannot be held responsible for any disputes or issues that arise during your time on the job.

8. No Liability for Disputes or Damages

The Agency is not responsible for: Any disputes, claims, losses, injuries, or damages arising between Visa Holder and Farm Owners.

The conduct, actions, or omissions of either Visa Holders or Farm Owners and any issues related to accommodation, transportation, or work conditions are solely the responsibility of the Visa Holder and the Farm Owner.

9. Safety and Workplace Injuries:

Your safety is not our responsibility. You should expect it to be the responsibility of your employer. You must ensure they follow Work Health and Safety (WHS) laws to ensure that your workplace is safe and free from hazards.

If you experience an injury while working, it should be up to your employer to provide support and ensure that the proper procedures are followed. We are not liable in any way for any workplace injuries or accidents that may occur during your employment.

10. Data Sharing and Privacy

We may share all collected information about Visa Holders with Farm Owners to facilitate the hiring decision. We are not liable for any issues arising from the information provided, as Farm Owners make hiring decisions based on their discretion.

We comply with the Privacy Act 1988 in handling personal information. For details on how we collect, use, and disclose personal information, please refer to our Privacy Policy.

11. No Refund Policy After Securing Job

All fees are non-refundable. Once Visa Holders accept a job opportunity, they are responsible for managing their accommodation, transportation, and any other logistics required for their employment.

12. Feedback and Verification

We attempt to contact Visa Holders three days after they are scheduled to start work to verify their employment and gather feedback.

If we are unable to reach the Visa Holder, we will proceed with paying the Farm Owner and consider the transaction completed.

13. Indemnification

Users agree to indemnify and hold harmless the Agency from any claims, damages, liabilities, costs, or expenses (including legal fees) arising out of or related to their use of our services or any interaction between Visa Holders and Farm Owners.

14. Limitation of Liability

To the maximum extent permitted by law, the Agency shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

Your use or inability to use our services.

Any conduct or content of any third party using our services.

15. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of Australia. Any disputes arising under or in connection with this Agreement shall be resolved through mediation before seeking resolution in the courts of the respective State.

16. Termination

The Agency reserves the right to terminate the provision of services to any User at any time for any reason, including but not limited to a breach of this Agreement.

17. Amendments

We reserve the right to amend these Terms and Conditions at any time. Users will be notified of any changes via email or through our website. Continued use of our services constitutes acceptance of the amended terms.

18. Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

19. Entire Agreement

This Agreement constitutes the entire agreement between the Agency and the Users and supersedes any prior agreements, understandings, or representations.

By accepting these terms and paying the connection fee, you acknowledge that it is your responsibility to ensure that the employment meets your visa requirements and that the working and living conditions comply with Australian law.

If any disputes, concerns, or issues arise regarding legal obligations, you agree to address them directly with your employer. We are not involved in any legal matters that may come up between you and your employer.

20. Termination of Our Responsibility:

Once you have been introduced to the employer and the connection fee has been paid, we are no longer responsible for any part of your employment.

The employment relationship, including all negotiations, agreements, and day-to-day management, is solely between you and the employer.

21. Agreement to Terms:

By proceeding with our service and paying the connection fee, you confirm that you understand and agree to the terms outlined in this document.

You acknowledge that we are only responsible for introducing you to potential employers and that all other employment-related matters are between you and the employer.

If you have any questions or concerns, feel free to reach out to us at support@farmworkvisasolutions.com.

22. Contact Information

For any questions or concerns regarding this Agreement, please contact us at:

Farm Work Visa Solutions

Support@farmworkvisasolutions.com

By using the services of Farm Work Visa Solutions, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.