Code of Conduct

Simonds Plus Pty Ltd

Section One: Trades & Service Providers

Effective Date: 18 June 2025
Binding upon all current and future trade service providers registered or operating under the Simonds Plus platform

1. Purpose, Interpretation, and Binding Effect

1.1 This Code of Conduct (“Code”) sets forth the mandatory standards of ethical, commercial, legal, and professional behaviour required of all tradespersons, service contractors, or business operators (collectively referred to herein as “Service Providers”) who utilise the Simonds Plus platform to offer services, respond to job postings, or otherwise interact with consumers (“End Users”).

1.2 This Code forms part of the contractual relationship between each Service Provider and Simonds Plus Pty Ltd (“Simonds Plus” or “the Company”) and is enforceable in conjunction with the Terms and Conditions of Use, Service Provider Registration Agreement, and all applicable legislation including but not limited to the Fair Trading Act(s) of each State and Territory, the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)), and relevant Work Health and Safety statutes.

1.3 By completing the onboarding process, submitting job quotes, or engaging in the delivery of services through the Simonds Plus platform, the Service Provider irrevocably accepts the entirety of this Code and acknowledges its enforceability as a condition of continued access and engagement.

2. Legal Compliance, Qualifications, and Authorisations

2.1 Each Service Provider warrants that, at all times during their registration and active engagement, they shall hold all necessary authorisations, certifications, business registrations, industry accreditations, and trade licenses required under the laws of the Commonwealth of Australia and the relevant State or Territory in which services are to be delivered.

2.2 The Company reserves the right to verify, audit, or demand proof of the Service Provider’s compliance with licensing and registration requirements at any time, whether on a random basis, upon reasonable suspicion, or in response to a complaint or regulatory enquiry. Failure to comply with such requests within seventy-two (72) hours may result in immediate suspension from the platform and further legal action.

2.3 The Service Provider shall notify the Company within seventy-two (72) hours of any suspension, cancellation, restriction, investigation, or other adverse regulatory action affecting their licensing, registration, or legal status.

2.4 The Service Provider acknowledges that Simonds Plus makes no representation or warranty as to the sufficiency of any Service Provider’s qualifications and disclaims all liability in connection with misrepresentation, omission, or forgery committed by a Service Provider.

3. Quotation Submission, Acceptance of Engagement, and Fulfilment

3.1 All quotes submitted via the Simonds Plus platform must reflect an honest, accurate, and good-faith estimate of the cost, materials, labour, timeframe, and scope of the services to be provided. The Service Provider shall not include false discounts, omit foreseeable costs, or submit artificially low quotations with the intent of subsequently increasing the price post-acceptance.

3.2 Upon receipt of acceptance from the End User (whether by express communication, platform confirmation, or scheduled attendance), the Service Provider shall be deemed to have entered into a binding services contract for the scope and amount specified in the quote, subject to variation only by mutual written consent between the parties and compliance with applicable consumer law.

3.3 The Service Provider shall execute all services diligently, punctually, and in accordance with professional trade standards, relevant Australian Standards (AS/NZS), the National Construction Code, occupational health and safety legislation, and all applicable codes of conduct imposed by their licensing authority.

3.4 Any delay, deviation, or suspension of works must be notified to the End User immediately and documented in the platform’s job timeline. Unauthorised deviation from the agreed scope, no-shows, partial delivery, or abandonment of a job constitutes a material breach of this Code and may result in platform expulsion, consumer refund order, or notification to licensing authorities.

4. Client Relations, Conduct, and Dispute Management

4.1 The Service Provider shall treat all End Users with dignity, respect, and professionalism. Discriminatory conduct, harassment (sexual, racial, or otherwise), verbal aggression, physical intimidation, or profane language shall constitute a critical breach of this Code and be referred for legal review, including potential prosecution under applicable anti-discrimination or workplace safety laws.

4.2 The Service Provider is prohibited from pressuring, misleading, coercing, or deceiving End Users into accepting higher costs, unnecessary works, or off-platform arrangements that disadvantage the consumer or avoid accountability.

4.3 All consumer complaints must be acknowledged within forty-eight (48) hours of submission. If a dispute arises, the Service Provider agrees to engage in good-faith negotiation, and where necessary, Company-facilitated mediation or arbitration under the Simonds Plus Dispute Resolution Framework.

4.4 The Service Provider shall be bound by interim determinations issued during dispute resolution, and any final determination issued by an independent arbitrator appointed in accordance with the rules of the Australian Centre for International Commercial Arbitration (ACICA), unless judicially overturned.

5. Safety Obligations and Professional Practice

5.1 The Service Provider is solely responsible for ensuring that all equipment, tools, chemicals, materials, and techniques used in the execution of services meet applicable safety, environmental, and operational standards. Failure to adhere to manufacturer instructions, WHS regulations, or legal site access requirements constitutes a violation of this Code.

5.2 The Service Provider is prohibited from working under the influence of alcohol, recreational drugs, or prescription medication that impairs cognitive or physical function. Attendance at a work site while impaired shall result in immediate account termination and possible criminal referral.

5.3 The Service Provider must take all reasonably practicable steps to avoid harm to persons or property, and shall be liable for any damage or injury caused through negligence, unlicensed conduct, or breach of duty.

6. Insurance and Indemnity Provisions

6.1 Each Service Provider must hold and maintain current policies for Public Liability Insurance in an amount not less than AUD $5,000,000 (five million dollars) and, where legally required, Workers’ Compensation Insurance for any employed persons or subcontractors.

6.2 The Service Provider indemnifies and holds harmless Simonds Plus Pty Ltd, its officers, employees, contractors, agents, and related entities from and against any and all claims, losses, demands, proceedings, damages, costs, penalties, and liabilities (including legal fees on a full indemnity basis) arising out of or in connection with any negligent act, omission, misrepresentation, breach of warranty, failure to deliver, unlawful conduct, or contractual violation on the part of the Service Provider.

6.3 In the event of an insurance claim involving the Company or an End User, the Service Provider agrees to cooperate fully, including providing documentation, statements, access to records, and sworn declarations where required.

7. Platform Usage, Data Security, and Fraud Prevention

7.1 The Service Provider shall use the Simonds Plus platform solely for lawful, authorised, and professional purposes. Any attempt to subvert platform operations, extract proprietary data, conduct unauthorised scraping, replicate platform features, or reverse engineer any system architecture shall constitute a criminal breach and be referred to the Australian Cyber Security Centre.

7.2 The Service Provider is strictly prohibited from engaging in identity fraud, the creation of multiple user accounts for the purpose of manipulating rankings, or falsifying reviews and ratings. Where such conduct is detected, Simonds Plus reserves the right to publish, notify regulators, and pursue civil remedies including injunctions and damages.

7.3 All consumer data accessed via the Simonds Plus platform must be treated as confidential and handled in accordance with the Privacy Act 1988 (Cth) and the Simonds Plus Privacy Policy. The Service Provider may not store, transmit, resell, or exploit any consumer information beyond what is reasonably required for the fulfilment of the job engagement.

8. Enforcement and Sanctions

8.1 Breach of this Code may result in progressive or immediate sanction, at the sole discretion of Simonds Plus, including without limitation: account suspension, warning, financial penalty, permanent deactivation, referral to regulators or law enforcement, publication of breach notices, and forfeiture of unused subscription benefits.

8.2 Any decision issued under this Code shall be binding and final, subject only to judicial review as permitted under law. The Service Provider waives all claims against the Company arising from disciplinary action taken in accordance with this Code unless such action is proven in a court of competent jurisdiction to constitute a tortious act or breach of natural justice.

 

Section Two: Employees and Internal Staff

Effective Date: 18 June 2025
Legally Binding upon All Employees, Executives, Officers, and Contractors

1. Introduction and Scope of Applicability

1.1 This Code of Conduct (“the Code”) constitutes an enforceable internal governance instrument binding upon all persons employed by or engaged to provide services to Simonds Plus Pty Ltd (“Simonds Plus” or “the Company”), whether as permanent employees, contractors, interns, advisors, executives, officers, or consultants. The obligations outlined herein are contractual in nature, form part of each individual’s employment or engagement agreement, and remain enforceable throughout and after the term of engagement.

1.2 This Code operates in conjunction with all statutory obligations under Australian Commonwealth and State legislation, including but not limited to the Fair Work Act 2009 (Cth), the Work Health and Safety Act 2011 (Cth), the Corporations Act 2001 (Cth), the Privacy Act 1988 (Cth), the Equal Opportunity Act 2010 (VIC), and the Competition and Consumer Act 2010 (Cth). It is further governed by and incorporates internal Simonds Plus policies relating to privacy, confidentiality, workplace health and safety, digital asset governance, social media use, and whistleblower protections.

1.3 In the event of a conflict between this Code and any internal policies, the higher standard or stricter obligation shall prevail. This Code is not intended to displace or override statutory minimums but to reinforce and expand upon those duties to the extent permitted by law.

2. Fundamental Duties of Loyalty, Fidelity, and Non-Derogation

2.1 Each Employee owes Simonds Plus a continuing, non-negotiable duty of loyalty, good faith, and fidelity in the execution of their duties, irrespective of title, seniority, or physical location of work. This duty arises in equity and contract and applies equally to casual, permanent, full-time, part-time, and contract staff.

2.2 Employees shall not, under any circumstance, use their position to derive personal benefit, obtain improper advantage for a third party, or make representations or decisions that conflict with the Company’s best interests.

2.3 No Employee shall knowingly participate in, facilitate, or fail to report acts that may prejudice the Company’s commercial position, expose it to legal liability, compromise its data systems, or degrade the integrity of its platform operations, client relationships, or public perception.

3. Compliance with Legal and Regulatory Obligations

3.1 Employees are required to comply with all legal and regulatory obligations applicable to their role, sector, and professional capacity, including those imposed by relevant industry regulators, statutory authorities, and applicable professional licensing bodies. This includes but is not limited to compliance with wage laws, anti-discrimination legislation, data privacy statutes, occupational safety regulations, mandatory reporting requirements, and fiduciary duties under the Corporations Act 2001 (Cth).

3.2 Where an Employee becomes aware of any breach of law, suspected misconduct, or unauthorised act committed by another employee, contractor, or third party interacting with the Company, they are under a strict duty to report the matter immediately to the Company Secretary, General Counsel, or appointed Whistleblower Protection Officer, in accordance with the Company’s internal reporting framework.

3.3 Employees must not conceal, destroy, or falsify documents or digital records in a manner that could mislead internal auditors, regulators, external investigators, or shareholders. Obstruction of lawful investigations or inquiries, whether internal or external, is grounds for immediate dismissal and referral to law enforcement.

4. Handling of Confidential and Commercially Sensitive Information

4.1 All non-public information relating to Simonds Plus’s operations, strategy, client database, trade partners, business models, intellectual property, financial performance, contracts, legal documents, or third-party agreements is deemed Confidential Information for the purposes of this Code.

4.2 Employees shall not copy, reproduce, store, download, disseminate, transmit, or disclose Confidential Information to any external party without express written authorisation from the Company’s General Counsel or the Chief Executive Officer. This obligation applies regardless of whether the information is formally marked “Confidential”.

4.3 The duty of confidentiality imposed by this clause survives the termination of employment indefinitely and shall only be lifted upon lawful order of a court or written consent from the Board of Directors.

4.4 Where an Employee is required to disclose Confidential Information by legal compulsion, subpoena, or regulatory order, they must notify the Company as soon as practicable and cooperate fully with the Company in responding to or limiting the scope of the disclosure request.

5. Ownership of Intellectual Property and Non-Compete Restrictions

5.1 All intellectual property (IP) created, developed, designed, authored, or conceived by an Employee in the course of their employment or using Company resources, including inventions, software code, written materials, documentation, UI/UX elements, frameworks, trade marks, domain names, promotional content, technical systems, databases, designs, or processes (“Work Product”), shall vest solely in Simonds Plus.

5.2 The Employee irrevocably assigns, conveys, and transfers all right, title, and interest in the Work Product to Simonds Plus, including moral rights and derivative rights, with no further compensation due beyond contractual remuneration unless explicitly agreed in writing.

5.3 Employees are prohibited from engaging in any commercial activity, consultancy, or employment—whether direct or indirect—that competes with Simonds Plus, exploits its confidential know-how, or leverages its internal systems for private or third-party gain, during the term of employment and for a period of six (6) months following termination, unless expressly waived in writing.

6. Workplace Behaviour, Ethics, and Psychological Safety

6.1 Employees are required to act with courtesy, professionalism, and integrity in all interactions with colleagues, clients, partners, tradespersons, contractors, suppliers, and members of the public. Behaviour that is abusive, violent, degrading, offensive, sexually inappropriate, racist, misogynistic, or otherwise harmful will not be tolerated under any circumstances.

6.2 The Company is committed to providing a psychologically safe and legally compliant workplace and will act immediately upon reports or observations of bullying, harassment, coercion, exclusion, gaslighting, retaliatory behaviour, or manipulation of organisational power structures for personal advantage.

6.3 The use of discriminatory language, jokes, threats, physical gestures, or online conduct that violates the dignity or wellbeing of another Employee may constitute serious misconduct and may warrant termination of employment without notice.

7. Substance Use, Fitness for Duty, and Occupational Safety

7.1 Employees must present for work in a fit and proper condition, free from the influence of illicit substances, non-prescribed medication, or alcohol. The use, possession, sale, or distribution of controlled substances on Company premises or during Company time is strictly prohibited and will result in immediate termination and potential police involvement.

7.2 Where medication is prescribed that may affect the Employee’s ability to operate machinery, make decisions, or engage in high-risk tasks, the Employee must disclose this in confidence to the HR department or relevant supervisor so that appropriate risk controls may be implemented.

7.3 The Company reserves the right to conduct random drug or alcohol testing in accordance with applicable workplace laws and safety policies, and refusal to comply may be treated as misconduct.

8. Conflicts of Interest and Third-Party Engagement

8.1 Employees must avoid all actual or perceived conflicts of interest. A conflict of interest occurs where an Employee’s personal interests, relationships, financial stakes, or external commitments interfere with their obligation to act in the best interests of Simonds Plus.

8.2 Conflicts must be declared in writing to the Chief Operating Officer or Governance Committee. Undeclared conflicts that result in detriment to the Company or unfair advantage to the Employee or a related party will be treated as a serious breach.

8.3 Employees shall not enter into procurement contracts, employment referrals, partnerships, or hiring decisions involving spouses, relatives, close friends, or entities in which they have a financial or controlling interest, unless such arrangements are disclosed and approved in writing by executive leadership.

9. Disciplinary Processes and Enforcement

9.1 Where an Employee is alleged to have breached this Code, the Company will conduct an investigation in accordance with principles of procedural fairness, giving the Employee an opportunity to respond to any allegations made.

9.2 Depending on the severity and nature of the breach, disciplinary actions may include counselling, written warnings, final warnings, mandatory retraining, demotion, temporary suspension, termination for cause, restitution orders, or legal proceedings.

9.3 In cases of criminal conduct, fraud, theft, threats of violence, espionage, or intentional sabotage of Company operations or assets, the Company reserves the right to report the matter to law enforcement and commence civil proceedings for damages, injunctive relief, and costs.

10. Termination, Exit Obligations, and Post-Employment Restrictions

10.1 Upon termination of employment, the Employee must return all Company property, including devices, files, ID cards, uniforms, manuals, proprietary data, and electronic access credentials, no later than 24 hours following their final working day.

10.2 The Employee shall not retain, duplicate, or transmit any copies of Company data, client records, pricing models, codebases, or documents, whether in hard copy or electronic form. All remote accounts, cloud accesses, and external logins must be disabled and confirmed by IT security personnel.

10.3 For a period of six (6) months following termination, the Employee shall not:

  • Engage in business with any Simonds Plus clients or contractors introduced during their employment;

  • Solicit current employees to leave the Company;

  • Publicly or privately disparage the Company, its executives, partners, operations, or platform;

  • Use, register, or affiliate with any trade mark, domain, or business name resembling “Simonds Plus” or any derivative thereof.

10.4 These restrictions are considered reasonable and necessary to protect the Company’s legitimate business interests and shall be enforceable by injunction, damages, or specific performance.

Section Three: Businesses Using Simonds Plus for Advertising, Giveaways, and Promotions

Effective Date: 18 June 2025
Binding on All Advertising Clients, Promotional Participants, and Partner Businesses

1. Scope and Enforceability

1.1 This Code of Conduct (“the Code”) applies to all corporate entities, sole traders, partnerships, agencies, digital marketers, and any commercial or advertising representative (collectively referred to as “Advertisers”) who engage the Simonds Plus Pty Ltd platform (“Simonds Plus” or “the Company”) to publish, distribute, display, or otherwise promote content related to commercial services, digital promotions, discount offerings, contests, loyalty campaigns, brand collaborations, or product features.

1.2 This Code is binding upon all Advertisers from the date of onboarding, payment of advertising fees, content submission, or campaign launch. It operates in conjunction with the Simonds Plus Terms and Conditions, Privacy Policy, Advertising Agreement, State and Federal law—including but not limited to the Competition and Consumer Act 2010 (Cth), the Australian Consumer Law, the Spam Act 2003 (Cth), and relevant State-based trade promotion lottery laws.

1.3 The obligations contained herein are deemed incorporated into all existing or future commercial arrangements between the Advertiser and Simonds Plus and shall survive the expiration or termination of any individual advertising engagement.

2. Advertising Standards and Regulatory Compliance

2.1 All content submitted for distribution, hosting, or publication via the Simonds Plus platform must comply fully with the requirements of the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010), the AANA Code of Ethics, and all applicable regulations under the Australian Communications and Media Authority (ACMA), Ad Standards, and relevant state-based consumer watchdogs.

2.2 Advertisers must not submit, request publication of, or indirectly cause the publication of any material that is deceptive, misleading, false, offensive, defamatory, comparative, harmful to minors, discriminatory, unlawful, or in breach of advertising standards, regulatory guidance, or civil defamation laws.

2.3 All pricing, discounts, availability, product descriptions, value claims, endorsements, savings comparisons, or associated guarantees must be factually accurate and substantiated with verifiable documentation that can be provided to Simonds Plus or regulators within seventy-two (72) hours upon written request.

2.4 The use of superlative claims (e.g. “best in the market”), time-limited urgency marketing (e.g. “only 3 left”), and exclusivity statements (e.g. “available nowhere else”) must not be used unless strictly true and capable of legal validation at the time of publication.

3. Business Identity, Authorisation, and Use of Brand Materials

3.1 Advertisers must accurately identify their legal business name, ABN/ACN, principal place of business, and responsible contact personnel at the time of onboarding. Simonds Plus reserves the right to request verification of business registration, licensing, or legal status before publishing any campaign.

3.2 Advertisers must not present themselves as affiliated with, endorsed by, or part of Simonds Plus Pty Ltd, its parent companies, or its trade partners unless such representation is expressly authorised in writing.

3.3 Any unauthorised use of the Simonds Plus logo, name, domain, tagline, mobile app name, associated marks, or brand elements shall be deemed a fundamental breach of this Code and may result in legal proceedings for trade mark infringement, passing off, or misleading conduct under section 18 of the Australian Consumer Law.

3.4 Advertisers must not use any variation of the name “Simonds” in a manner that could be interpreted as referring to or suggesting a formal connection with Simonds Homes Pty Ltd, unless such representation is contractually and lawfully authorised.

4. Paid Advertising: Obligations and Exclusivity

4.1 The sole paid service offered by Simonds Plus as of the effective date is business listing and advertising via the platform, priced at $79 AUD per month per business listing. This fee grants access to specified advertising real estate, inclusion in newsletter broadcasts, limited promotional features, and exposure to users of the Simonds Plus ecosystem.

4.2 Payment of this advertising fee does not entitle the Advertiser to exclusive placement, guaranteed returns, traffic quotas, or preferential editorial treatment. Simonds Plus reserves editorial discretion to determine placement, priority, frequency, and formatting of any listing or promotion, subject to fairness and commercial best practices.

4.3 Simonds Plus does not offer or facilitate paid sponsorships, search result boosting, nor algorithmic priority beyond what is outlined in the formal Advertising Agreement. Any claims to exclusivity or priority must be specified in a separate negotiated agreement.

5. Giveaways, Contests, Discounts, and Promotions

5.1 Advertisers wishing to run any giveaway, game of chance, game of skill, discount campaign, voucher offer, or time-sensitive promotion on the Simonds Plus platform must ensure that the promotion is fully compliant with the relevant trade promotion lottery laws of each Australian jurisdiction in which it is offered or visible, including but not limited to the following:

  • New South Wales: Subject to the Community Gaming Act 2018 (NSW), Community Gaming Regulation 2020 (NSW), and authority of NSW Fair Trading. Permit required for games of chance.

  • Victoria: Regulated under the Gambling Regulation Act 2003 (VIC) and administered by the Victorian Gambling and Casino Control Commission. Permit required for some trade promotions.

  • Queensland: Games of chance may require registration under the Charitable and Non-Profit Gaming Act 1999 (QLD).

  • South Australia: Trade promotions involving chance are governed by the Lotteries Act 2019 (SA) and must be registered.

  • Western Australia: Games of chance are governed under the Gaming and Wagering Commission Act 1987 (WA).

  • Australian Capital Territory: Promotions must be compliant with the Lotteries Act 1964 (ACT), and registration with Access Canberra is required for chance-based giveaways.

  • Northern Territory and Tasmania: Games of skill are permitted; chance-based draws may be subject to additional scrutiny.

5.2 The burden of obtaining permits, submitting promotional terms, publishing disclaimers, and securing insurer-backed prize value guarantees rests solely with the Advertiser. Simonds Plus will not be liable for any fines, enforcement actions, reputational damage, or litigation resulting from an unlawful or unregistered promotion.

5.3 Simonds Plus reserves the right to require prior approval of all creative and legal materials relating to any promotion before publication. The Company also reserves the right to request proof of permit compliance, draw mechanisms, winner verification procedures, and advertising insurance on request.

5.4 All prizes advertised must be delivered as stated, and the Advertiser shall bear full legal responsibility for fulfilment, quality, and liability related to the promoted goods or services. The failure to deliver a prize shall constitute a material breach of this Code.

6. Prohibited Conduct

6.1 No Advertiser shall attempt to manipulate user activity, simulate engagement, generate fake entries, spoof traffic, mislead users into entering contests, or engage in affiliate fraud or dishonest engagement tactics.

6.2 No advertising material may include misleading countdown timers, false claims of urgency or scarcity, misleading RRP comparisons, unverifiable testimonials, or impersonation of third-party endorsements without written consent.

6.3 Any violation of the Spam Act 2003 (Cth), including unauthorised messaging, failure to provide unsubscribe mechanisms, or unlawful email harvesting in connection with a Simonds Plus promotion, shall be reported to the Australian Communications and Media Authority (ACMA) and may result in the immediate termination of the Advertiser’s account.

7. Liability, Indemnity, and Dispute Handling

7.1 Simonds Plus provides no guarantee of return, visibility, clickthrough rate, conversion, or revenue arising from any paid or unpaid promotion. All advertising services are provided on a best-effort basis, and Simonds Plus shall not be liable for business losses, lost revenue, missed commercial opportunities, or indirect or consequential damages arising from participation on the platform.

7.2 The Advertiser indemnifies and holds harmless Simonds Plus Pty Ltd, its officers, shareholders, staff, agents, and technology providers against any claim, loss, penalty, demand, proceeding, regulatory notice, or third-party liability arising from the Advertiser’s breach of this Code, failure to deliver prizes, unlawful advertising, or unauthorised content submission.

7.3 Disputes arising between Advertisers and Simonds Plus shall first be resolved by good-faith negotiation. If resolution is not achieved within 30 days, either party may refer the dispute to commercial mediation. If that fails, final and binding arbitration shall be conducted under the rules of the Australian Centre for International Commercial Arbitration (ACICA), with the seat of arbitration in Melbourne, Victoria.