SPG Group provided workforce recruitment services to Cameron Nominees under a supplier agreement. Cameron refused to pay SPG`s fees when the hired employee damaged his main engine and hit him with a fence and tree while driving him home without Cameron`s authority. He turned on the radio at the time. When SPG claimed recovery of its fees, Camerons argued that it relied on Section 60 of the ACL to impose a legal guarantee that the services provided by SPG under the supplier agreement would be provided with due diligence and skill. The evidence I have is a supplier agreement and not a series of agreements made “from time to time”. Certainly, the Camerons were not counting on any other deal. Indeed, unlike the situation where the evidence was “clear that the duration of service delivery was most likely quite short”, I had no satisfactory evidence at all. 5 Access to and use of certain components of the resources is limited to the paid subscription period and ends when your paid subscription period expires. 2. Subscription License. Subject to the terms of this Agreement, ACL grants you a worldwide, non-exclusive, non-transferable, non-transferable right (unless otherwise specified in this Agreement) and a license to install, access and use the Software for your internal operations for the number of designated users (as defined below) or sap. Where applicable, and for the type of software specified in the order, add-ons are used exclusively in connection with the software to which they relate and may not be used as products in their own right or with other software or services. Once again, the Tribunal had to verify whether the supplier contract was a consumer contract.
However, this time SPG was able to argue that it and Camerons were conducting their business as a result of a `comprehensive labour supply agreement` and not by referring to a series of separate agreements concluded from time to time and only in respect of each driver concerned. The court accepted this argument and said: End User dopdf License Agreement (eula) Notice to Users: Read the following legal agreement carefully. Your use of dopdf (the “Software” provided by this Agreement) constitutes your consent to these Terms. 8.1. Both parties. ACG and the Subscriber declare: (a) they have the full legal and entrepreneurial right and authority to enter into this Agreement and to fulfil all their obligations and grant all rights it grants under this Agreement; (b) the person making this Agreement on behalf of that Party has the full right and power to do so and to bind it to the terms of this Agreement; (c) comply with all laws and regulations (including all data laws and all laws relating to export, child labour and human rights) that apply to that party in connection with the services or agreement; and (d) its entry into and performance under this Agreement does not violate any agreements or obligations of third parties that have bound it. The evidence showed that the [Skilled] have from time to time entered into agreements with [Deutz] on the supply of skilled labour. These agreements are separate. They could not be aggregated to calculate a price for the services in the case of the contract in the performance of which [the worker] was provided to the claimant. . the evidence is that the duration of service delivery was most likely quite short; and that the price of these services was probably much lower than the prescribed amount. 1.3.
Fees. The Subscriber`s order form or equivalent invoice issued by ACG satisfies the payment terms and fees due for the duration of the subscription corresponding to the Subscriber`s subscription to the Services (the “Fees”).