TERMS | Rising Phoenix

Terms & Conditions

1. Interpretation

Definitions

Client/you – means RP’s client;
company/us/we/Rising Phoenix– means RP ABN 53 672 838 756 Trading as Rising Phoenix AVI Pty Ltd (“RP”) or its successors or assigns and includes a related body corporate of RP, together with each and every director, officer and employee of RP and its related bodies corporate;

event of default – means an event set out in Schedule 1 hereto;

service means the service provided to the client;

work means the production material and refers mainly but not limited to the “video”;

service fee means fee referred to in Schedule 2 hereto;

Headings
Headings are intended for reference only and do not affect the interpretation of this Agreement.

Gender
Words importing any gender include where appropriate the other gender.

Legislation
A reference to any legislation, regulation, code or local law includes any amendment to or substitution of it.

Obligations
Obligations on the part of a party who is a natural person includes his heirs, executors, administrators and assigns and obligations on the part of a party which is a company or other corporate body includes its successors and assigns.

Conditions of use
1. It is an essential term of this agreement that the video work of RP remains the property of RP until 100% payment has been made; after payment unless otherwise instructed in writing, the client permits RP to display its work for in-house use and case study material. All Copyright is held by RP.
2. RP will from time to time use material from RP’s own stock library including: stock film, stock photos and stock music. We give you as our client permission to use this material within the video we have provided and you may broadcast this material within the video. Unless otherwise agreed in writing you are not permitted to reproduce copy/use our stock material outside of the framework of the video we have provided.
3. RP will also from time to time use Royalty Free stock film, photos and music for which RP has purchased permission to use. You are permitted to display and broadcast this material within the video produced by RP but you must not reproduce it. If a client wishes to access this material for reproduction you must enter your own agreement with the provider.
4. RP will upload your first draft video to a specially designated professional Vimeo proofing site; the link for your video will be supplied for you to proof the video.
5. Following final proofing any outstanding amount owing to RP for the video production must be paid.
6. Once full payment for the video is received RP will supply the final approved video to you in the following format: the video will be provided either by Dropbox or Google Drive.
7. Should the client require delivery in further formats a service fee will be applied for formatting and delivery costs. Refer to the Fees Schedule in this agreement.
8. RP uses Canon 4K and DSLR cameras or equivalent for video recording; we use Rode NTG microphones or equivalent for sound recording; we use Day Flo 900 Lightbox or equivalent as a major lighting source if required. We use Final Cut Pro X or equivalent for editing. When a client requires additional equipment, be it additional recording equipment, additional lighting equipment or additional editing equipment additional service fees will be charged. An additional service agreement will be required between RP and the client for hire of equipment outside of those specified in this agreement.
9. RP clients from time to time may request specific recording, lighting, editing, animation & sound techniques outside of the RP production services. RP has many industry contacts and can organise specialist contractors in each of these areas. When these specialist contractor services are required, as per condition 2A.7 of this agreement, a further written agreement is required to this agreement and must be formed prior to commencement of production.
10. RP clients may require professional actors or voice-over artists for their video production. Unless otherwise specified in this agreement the engagement of these artists will, as per 2A.7 of this agreement, require additional agreements to be entered prior to commencement of production.
11. Upon receipt of final approval from you for your video RP will store a copy of the approved video for 30 days in which time the video will be supplied to you in the agreed format. After this period all material will be removed by RP from its editing suites. If during this 30 day period you have not received your video you must notify RP so that we can forward it again. If you fail to notify RP within the 30 day period RP will automatically remove the copy.
12. If you require RP to store your material for any longer period than 30 days, an additional storage fee will be applied. See the Fees Schedule attached to this agreement for additional hosting fees.
13. RP will not store any of the footage which has been cut or edited out of the video; this material will be removed from RP’s editing suite immediately upon receipt of video approval unless otherwise instructed in writing.
14. You may request that RP hosts your video on Rising Phoenix. This hosting is in addition to the provision of your video in MOV format and free hosting on YouTube. Hosting by Rising Phoenix is additional to the agreed provision and a hosting fee will apply. See the attached Fee Schedule for hosting fees.
15. You will abide by any Code of Practice including but not limited to privacy and advertising codes and those issued by the Australian Internet Industry Association;
16. You will abide by the codes issued by the Australian Film, Music and Advertising Industries;
17. You will comply with all applicable laws of which it is your duty to be familiar with;
18. You will take responsibility for informing the public of your filming requirements and purpose;
19. You will obtain all filming permissions which Council or Government may require;
20. You accept and acknowledge that technological and systems malfunctions may from time to time interrupt our ability to provide normal service and shall raise no objection or claim for compensation or be entitled to terminate this agreement pursuant to service interruption;
21. You accept and acknowledge that the service is subject to change, development and discontinuation at our sole discretion and shall raise no objection or claim for compensation or be entitled to terminate this agreement pursuant to service changes.
22. You cannot use the Rising Phoenix logo or reproduce any of Rising Phoenix marketing material without prior written authorization from an authorized agent of RP Online Publications

Warranty
The client warrants that all information provided by the client to us whether to qualify to advertise on or to be published is correct, factual and true to the best of the client’s knowledge. Where necessary it has obtained written permission from the appropriate entity including but not limited to its current or past vendors or buyers or other principals to provide for publication any information including but not limited to details, names, addresses, sales prices, photography, testimonials and or sales results which it has provided to be published and recorded by Rising Phoenix.

Term
Unless otherwise agreed in writing the term of the agreement is 3 months. This means that the client has 3 months to complete 100% payment to RP for the work provided. The 3 months commences upon the date that approval has been given to RP for the video or other work. If payment is not completed to RP within the term of this agreement, RP is not required to store material for the project beyond 3 months. Once this period is exceeded RP will apply at its discretion a 2.5% monthly penalty interest on the client's outstanding debt. The 2.5% will be applied daily and will be cumulative. The client is not permitted by RP to display or use the video material until all amounts due are paid and RP reserves the right to demand the video material be removed from all displays until such a time as the amounts are fully paid.

In the event that a client does not enable RP to carry out its obligations, as specified on the clients first invoice, within 6 months of the invoice date, RP’s obligations will become null and void unless otherwise specified as per the “Termination” clause of these Terms and Conditions.

Termination
Client agreement may be terminated by:
(a) the company forthwith pursuant to the occurrence of an Event of Default and by the provision of 14 calendar days written notice in any other case;
(b) the client by the provision of 14 calendar days written notice provided however that no refunds will be made by the company and any moneys owing to the term will remain payable by the client. The client by giving 15 or more calendar days written notice will be charged a $600 cancellation fee or 10% of the full project fee, whichever is the greater; in addition all moneys owing for work completed will become immediately payable.

Effect of termination
Termination does not release the client from its obligations including but not limited to payment of outstanding fees.

Fees and billing
As set out in individual proposals and agreements or in these terms and conditions. Where there is any discrepancy between these terms and agreements and the clients individual final proposal or invoices, the individual final proposal and invoices will prevail.

Limitation of Liability and Indemnity
To the extent allowable under the Trade Practices Act 1975 (Cth) or any other applicable law, we:
(a) exclude all implied conditions and warranties together with consequential, direct or indirect loss or damage (included but not limited to loss of opportunity, loss of revenue and loss of profits);
(b) limit our liability for breach of any condition or warranty that to the extent that we cannot mitigate any loss by resupply of the service or payment by us to have the service resupplied;
(c) limit our liability in respect of any other claim in connection with the Agreement whether the claim is based in contract, tort (including negligence) or statute to the amount paid to us by you under this Agreement;
(d) exclude our liability under this agreement where loss or damage is suffered as a result of any breach of your obligations under this Agreement or any delay in performance or breach of this Agreement which arises as a result of any matter beyond our control including but not limited to viruses or other defects or failure of the server hosting our web site.
You indemnify us and our officers, employees and agents (“those indemnified”) against any direct or consequential liabilities, losses, damages, expenses and costs (including legal expenses on a solicitor and own client basis) incurred or suffered by any of those indemnified as a result of any claim or proceedings brought by a third party against those indemnified in connection with any material generated by you in connection with the Service.

Changes to Terms and Conditions
RP reserves the right to make changes to the terms and conditions of a client agreement.

Assignment
The Client Agreement may not be assigned without the express written authority of RP which authority shall not be unreasonably withheld.
The Client may not enter into any subcontracting agreement or delegate any of its obligations hereunder without the prior written consent of RP.

Confidential Information and Intellectual Property
(a) The client shall treat as confidential this Agreement and all documents and information received from RP (except those intended for dissemination to the public);
(b) The client shall use its best endeavours to ensure that its agents and/or employees treat as confidential this Agreement and all documents and information received from RP (except those intended for dissemination to the public).

12. Guarantee
The client guarantees the performance by the client of each and all obligations under this agreement and is subject to the obligations and restraints set out herein and shall indemnify and keep indemnified RP against any loss, claim, demand or action arising out of the client’s or its agents and/or employees’ breach of any clause of this agreement. This clause shall not merge on termination of this agreement.

General

Governing Law
This Agreement is governed by and is to be construed In accordance with the laws of Western Australia and shall be subject to the jurisdiction of the courts of Western Australia.

Entire Agreement
This Agreement embodies the entire understanding and agreement between the Parties as to the subject matter of this Agreement.

Severability
If a court rules that any part of this Agreement is invalid or unenforceable, that part shall be modified where possible and if not possible shall be severed whereupon the rest of the Agreement shall continue to operate.

Costs
Each party shall pay its own costs in relation to the preparation and settlement of this Agreement.

Events of Default

1. Breach of any warranty contained in this agreement;
2. Failure to pay fees when due;
3. Provision of false, misleading, incorrect or unlawful information/material;
4. Failure to provide within 24 hours information reasonably required by RP to substantiate any warranty contained in this agreement;
5. Bankruptcy or insolvency of the client;
6. Conduct by the client which in the opinion of RP is prejudicial to RP’s interests;
7. Assignment by the client of the burden or benefit of this Agreement without the prior written consent of RP;
8. Death of the client or cessation of the client’s business activities

Fees

As agreed with client in writing, including any revisions proposed by RP via any electronic communication methods. All fees quoted are exclusive of any GST/VAT/withholding taxes, which will be deemed additionally due by the client if required by law.

Cancellation

No refunds allowed one week prior to commencement, alternatively a minimum $1,200 or 20% cancellation fee will be charged, whichever is higher.

Video Inclusions
1. All videos include colour correction and professional editing on Final Cut Pro X/Da Vinci Resolve or similar software as deemed appropriate by RP.
2. Editing will include use of Titles, captions, insertion of logos using any of the text animation presets available within the standard editing suite in use by RP at the time of the project.
3. Our camera operator(s) will attend the video shoot on location within the Perth Metropolitan area, extra location based disbursement costs borne by the client.
4. First draft videos are typically completed around 10 working days following filming however any change in scope, specifications or client preferences may impact our delivery timeline.

Video Proofing

The client will be given one opportunity to request amendments to the video upon the receipt of the first draft. The client must provide written instructions of the amendments required. RP will edit the video as per instructions where the instructions are performable with the equipment as per this agreement.

In the situation of a video being billed per 30 seconds, the fee is applied to the original video length. For example, if a client provides 5 minutes of dialogue, and decides to cut this down to 2 minutes throughout the editing process, the fee is calculated on the original 5 minutes, not the final 2 minutes of video. This does not apply to the various original takes, but to the actual length of the original narration when edited together.

Videos will be provided in MP4 or MOV file via Dropbox/ Google Drive or similar platforms or will be uploaded to YouTube within 48 hours of receipt of full payment for the project.

Scripting , Animation and other video production Modifications
1. Unless otherwise agreed in writing, modifications may be charged per hour or half day increment depending on the nature of the project.
2. This applies to client meetings and teleconferences
3. Unless otherwise agreed in writing the script writing fees include one set of proofing
4. Unless agreed in writing further edits to the script/ sequencing / animations / may be charged at non-linear pro-rata rates taking into consideration fixed costs, availability, and opportunity costs.

Additional Fees, unless otherwise agreed in writing
1. Out of Perth Metropolitan Travel
2. Additional editing for videos which are longer than length specified in each video category or in the agreed proposal or agreed invoice – per hour of editing required
3. Clients may use their own contractors; if the client requires RP to liaise on their behalf with their own contractors there will be a service fee per half hour
4. Voice-over artists (where not already included in the package) – per 30 second voice-over.
5. Custom-designed music – per contract
6. Additional edits after first edits supplied – per hour
7. Use of additional stock footage/music/photography/sound effects to RP’s Library – as per selected supplier's prices.

There will be an additional fee per half hour if the client requires RP to source the additional stock for them.

Customer Warranties

Customer guarantees any elements of text, graphics, photos, designs, trademarks, or other artwork provided to Company for inclusion on the website above are owned by Customer, or that Customer has received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend Company and its subcontractors from any liability or suit arising from the use of such elements.2.
From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. Customer agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Company and its subcontractors from any claim, suit, penalty, tax, or tariff arising from Customer’s exercise of Internet electronic commerce.

Confidentiality & Privacy

Clients and RP agree to hold each other’s Proprietary or Confidential Information in strict confidence. “Proprietary or Confidential Information” shall include, but is not limited to, written or oral contracts, trade secrets, know-how, business methods, business policies, memoranda, reports, records, computer retained information, notes, or financial information. Proprietary or Confidential Information shall not include any information which: (i) is or becomes generally known to the public by any means other than a breach of the obligations of the receiving party; (ii) was previously known to the receiving party or rightly received by the receiving party from a third party; (iii) is independently developed by the receiving party; or (iv) is subject to disclosure under court order or other lawful process. The parties agree not to make each other’s Proprietary or Confidential Information available in any form to any third party or to use each other’s Proprietary or Confidential Information for any purpose other than as specified in this Agreement. Each party’s proprietary or confidential information shall remain the sole and exclusive property of that party. The parties agree that in the event of use or disclosure by the other party other than as specifically provided for in this Agreement, the non-disclosing party may be entitled to equitable relief. Notwithstanding termination or expiration of this Agreement, Company and Customer acknowledge and agree that their obligations of confidentiality with respect to Proprietary or Confidential Information shall continue in effect for a total period of three (3) years from the effective date.

OTHER IMPORTANT TERMS OF BUSINESS

FORCE MAJEURE. Neither party will be liable for, or will be considered to be in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions that are beyond such Party’s reasonable control and that such Party is unable to overcome through the exercise of commercially reasonable diligence. If any force majeure event occurs, the affected Party will give prompt written notice to the other Party and will use commercially reasonable efforts to minimize the impact of the event.5.
RELATIONSHIP OF PARTIES. Company, in rendering performance under this Agreement, shall be deemed an independent contractor and nothing contained herein shall constitute this arrangement to be employment, a joint venture, or a partnership. Customer does not undertake by this Agreement, the Order Form or otherwise to perform any obligation of Company, whether by regulation or contract. In no way is Company to be construed as the agent or to be acting as the agent of Customer in any respect, any other provisions of this Agreement notwithstanding.
NOTICE AND PAYMENT. Any notice required to be given under this Agreement shall be in writing/EMAIL.
JURISDICTION/DISPUTES. This Agreement shall be governed in accordance with the laws of the State of WA.8.
AGREEMENT BINDING ON SUCCESSORS. The provisions of the Agreement shall be binding upon and shall inure to the benefit of the Parties hereto, their heirs, administrators, successors and assigns.
ASSIGNABILITY. Customer may not assign this Agreement or the rights and obligations thereunder to any third party without the prior express written approval of Company. Company reserves the right to assign subcontractors as needed to this project to ensure on-time completion.
WAIVER. No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same of other provisions of this Agreement.11.
SEVERABILITY. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.
INTEGRATION. This Agreement constitutes the entire understanding of the Parties, and revokes and supersedes all prior agreements between the Parties and is intended as a final expression of their Agreement. It shall not be modified or amended except in writing signed by the Parties hereto and specifically referring to this Agreement. This Agreement shall take precedence over any other documents which may conflict with this Agreement.
NO INFERENCE AGAINST AUTHOR. No provision of this Agreement shall be interpreted against any Party because such Party or its legal representative drafted such provision.
ACCEPTANCE OF TERMS. Each client acknowledges that it engages RP only on the basis that it has read, understood and agreed to be bound by our terms and conditions as published on the RP website www.risingp.com and as supplemented in writing over a written media (whether on paper or electronic) originating from an official RP email address, or official telephone number.

Modern Slavery Policy

Introduction

Rising Phoenix AVI Pty Limited ABN 53 672 838 756, registered office 140 St Georges Tce PERTH WA 6000 one of Australia’s leading full service media production house, recognises that all businesses have an obligation to prevent slavery, slavery-like practices and human trafficking and will do all in its respective power to prevent slavery, slavery-like practices and human trafficking within its business and within the supply chains through which it operates.

This statement addresses Rising Phoenix's obligations and compliance in relation to the ‘Modern Slavery Act 2018 (Cth)’ (‘the Act’) and applicable state legislation and highlights the steps we take to ensure there is no slavery or human trafficking occurring within the organisation or its supply chains. One of our company’s most valuable assets has always been its reputation for integrity and fairness. Maintaining this reputation within our market is an essential pre-requisite to our continued success.

Modern slavery can take many forms including the trafficking of people, forced labour, child labour, servitude and slavery. As a leading Media Production , we take our responsibility for seriously and are aware of the potential for being targeted by traffickers and unlicensed labour hire providers, in local jurisdictions where licensing is a requirement. Our own processes around candidate engagement ensure our employees are alert to the signs of exploitation, so that we may take the necessary action promptly and effectively should it be identified. Sectors affected include, but are not limited to, construction & property, engineering & manufacturing and health & social care.

Rising Phoenix’ supply chains & risks of Modern Slavery

Suppliers to Rising Phoenix

We contract with third parties who provide services to assist with the everyday running of our business, such as IT service providers and property management companies (who, for example, may provide cleaning services to our offices) as well as companies who provide office supplies to our office network.

We acknowledge that by virtue of contracting with other parties, whether as a client or as a supplier, there is always some risk that may contribute to modern slavery practices. We expect our suppliers and potential suppliers to aim for high ethical standards and to operate in an ethical, legally compliant and professional manner by adhering to the Rising Phoenix Code of Conduct. We also expect our suppliers to promote similar standards in their own supply chain.

Actions taken to assess and address modern slavery risks

Rising Phoenix ensures that strict compliance checks are carried out for all candidates it supplies. We verify the identity of each worker and their right to work before supply commences. We also have a dedicated temporary worker payroll team who audit the relevant modern award or enterprise agreement that a temporary worker is engaged under to ensure they are paid correctly in accordance with the relevant award or agreement.

As part of our commitment to identify and eradicate slavery and human trafficking and to continuously assess and address modern slavery risks, we have in place a process to undertake due diligence on our supply chain network to ensure compliance with legislative obligations, and such compliance forms part of our contractual relationship with suppliers. We will use best endeavours to procure from our suppliers by contract that full compliance with the Act must be achieved. We will use best endeavours to separately require that any actual or potential risk of breaching the Act that suppliers identify in their own operations or supply chains are communicated to us. This information will be assessed and evaluated appropriately by senior members of Rising Phoenix management on an ongoing basis.

Rising Phoenix created a Supplier Code of Conduct that is relevant to all suppliers to Rising Phoenix. Suppliers are expected to adhere to the Rising Phoenix Code of Conduct, which includes specific reference to various matters including human rights, anti-bribery and corruption, and modern slavery and human trafficking, and suppliers should have in place a policy recognising, respecting and protecting the human rights of their employees, those of their suppliers and business partners and the communities affected by the suppliers’ operations.

Rising Phoenix’ position, which is mirrored in its Supplier Code of Conduct, is that:

Employees should be free to choose to work for their employer and to leave the company upon reasonable notice.
All employees must be provided with a clear contract of employment, which complies with local legislation.
All employees must be treated in a fair and equal manner and with dignity and respect.
Any form of discrimination, victimisation or harassment on any prescribed grounds under commonwealth, state or territory laws should be prohibited. This includes marital status, pregnancy, family responsibilities, sex (including gender reassignment), race (including colour, ethnic and national origin, nationality), disability, sexual orientation, religious belief, age, trade union activity or any other prescribed ground
All applicable laws and industry standards on employee wages, benefits, working hours and minimum age should be adhered to in all countries of operation, without any unauthorised deductions.
All slavery and human trafficking laws must be complied with including, but not limited to, the provisions of the Act and any applicable state legislation. Suppliers must ensure their business operations are free from slavery and human trafficking practices whether in Australia or elsewhere, both internally and within their supply chains and other external business relationships.
Cooperation with client due diligence.

Our clients in the private sector operate in many industries and range in size from small businesses through to local subsidiaries of global groups. We also work closely with government departments and agencies across all jurisdictions.

Rising Phoenix engaged with various companies that provide cleaning services to Rising Phoenix’ office. This involved providing copies of Rising Phoenix’ Supplier Code of Conduct to these suppliers and enquiring as to the modern slavery compliance practices and procedures.

All Rising Phoenix employees have access to dedicated channels through which they may voice concerns, either through local reporting mechanisms or through whistleblowing procedures. Rising Phoenix is committed to protecting employees when disclosing malpractice and will ensure that all disclosures made in compliance with whistleblowing procedures will be treated confidentially and without fear of retaliation. It is by receiving and evaluating feedback and maintaining a culture of compliance that Rising Phoenix can assess the effectiveness of its practices and procedures.

All staff within Rising Phoenix are expected to comply with all laws and act in accordance with local guidelines and regulations and act with integrity and honesty. We have undertaken to review our policies and procedures to ensure our colleagues have access to any additional information and support they may require with regard to human trafficking, forced labour, child labour, servitude and slavery. All relevant employees in Australia will undertake training on modern slavery and human trafficking and this training is available to all employees to undertake.

We will undertake continuous and ongoing assessment of our supply chains by evaluating information that we receive from our suppliers and to promptly act on allegations or findings of involvement in such practices.

We will also set up an annual review process whereby members of senior management will review our policies and procedures and our response to modern slavery.

Rising Phoenix will continue to assess ways to reduce the risks of modern slavery and some steps to be taken will include:

Publish Rising Phoenix’ Supplier Code of Conduct
Publish changes made to Rising Phoenix’ standard form contracts
Following the engagement with the commercial cleaners of a Rising Phoenix offices, engage with various suppliers of firstly, IT products and services, and secondly, office supplies, to the Rising Phoenix office to assess their modern slavery policies and processes.
Increase the number of Rising Phoenix employees who are provided with dedicated training on modern slavery laws.
Set up an annual review process with members of senior management.

Supplier Code of Conduct

Rising Phoenix respects the labour rights of workers and asks Suppliers and Partner to accept responsibility for the standards in their supply chains and to take active steps to enable workers to realise their labour rights according to the principles set out below. At Rising Phoenix’s part, we know that modern slavery risks and other unethical business practices affect every supply chain in the world. Rising Phoenix recognises that we must continuously monitor and investigate these risks in our own operations and work closely with our Suppliers and Partners and other partners to prevent and mitigate these risks. Accordingly, Rising Phoenix expects our Suppliers and Partners to uphold the labour standards as set out below.

Fairness is important to Rising Phoenix. It is important that all workers are treated fairly and that they are able to live and work in safety and dignity. It is critical to us that our Suppliers and Partners share our values and that they prioritise the safety, dignity and fair treatment of workers in their operations and supply chains. We have included further detail below on the minimum standards that we expect our Suppliers and Partners to meet in relation to the treatment of workers.

MODERN SLAVERY:

Take reasonable steps to identify, assess, and address risks of child labour, bonded labour, human trafficking, forced labour, and other forms of modern slavery and slavery-like practices (Modern Slavery Practices) in your operations and supply chains, ensuring that the following Worker Core Principles are respected:

1. NoForcedorBondedLabour.

Work should be freely chosen without threat of penalty or abuse. No worker shall be forced or coerced to work to repay a debt. Workers shall be free to leave their employment and their movement shall

not be restricted (including by controlling identity papers, holding money deposits or restricting movement in other ways).

2. No worker should pay for a job.

Fees and costs associated with recruitment and employment should be paid by the employer. Workers should not be charged recruitment fees or other costs association with their migration for employment.

3. Workers should be paid fairly for the work they do.

Workers should be paid fairly and in accordance with all local laws, including those relating to minimum wage, leave entitlements and other benefits. Employers should take steps towards paying workers a living wage, the minimum income necessary to meet their basic needs, including some discretionary income. Overtime hours should not be excessive and should be compensated appropriately.

4. No child labour

No workers are under the age of 15 or under the local legal minimum age for work or mandatory schooling age, whichever is the higher. Young workers must not do work that is mentally, physically, socially, or morally dangerous or harmful. Work should not interfere with children’s schooling, or their ability to benefit from it.

All are to adhere to Core Principle 5 reflects the International Labour Organization Convention No. 138 on Minimum Age (C138) Supplier and Partner Code of Conduct 7

5. Respect rights of workers to freedom of association

Respect the right of all workers to form and join trade unions of their own choosing, to bargain collectively and to engage in peaceful assembly as well as respect the right of workers to refrain from such activities.

6. Workers should be able to raise grievances safely

Workers should have access to a mechanism to raise concerns which allows for confidential and anonymous reporting and protects workers from reprisal. There must be transparent processes for investigating and reporting on the issues raised through the reporting mechanism.

Upon the request of Rising Phoenix, provide information to Rising Phoenix on:

• your steps to identify and assess risks of Modern Slavery Practices in your operations and supply chains;

• your process for addressing any Modern Slavery Practices of which you become aware in your operations and supply chains;

• the content and timing of training for any of your officers, employees, contractors (including subcontractors) or agents (Personnel) about Modern Slavery Practices; and

• the processes for handling a complaint or grievance about Modern Slavery Practices that is consistent with the criteria set out in the United Nations’ Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect and Remedy Framework. (Guiding Principles on Business and Human Rights) available to the Personnel (Grievance Mechanism).

If you become aware of Modern Slavery Practices in your operations and supply chains or any incidents which breach the Worker Core Principles, you must as soon as reasonably practicable:

• take all reasonable action to address or prevent these practices, including where relevant, by addressing any practices of other entities in your supply chains;

• takeallreasonablestepstoremediateany adverse impacts caused or contributed to

by these Modern Slavery Practices, ensuring at all times that the welfare of victims is prioritised in accordance with the UN Guiding Principles on Business and Human Rights; and

• promptly disclose to Rising Phoenix the incident and the response taken.

No discrimination is practised:

There is no discrimination in hiring, compensation, access to training, promotion, leadership opportunities, termination or retirement based on race, caste, national origin, religion, age, disability, gender, pregnancy, marital status, sexual orientation, union membership, or political affiliation.

Safe and secure working and living conditions:

• A safe, secure, and hygienic working environment shall be provided, having regard to the relevant industry.

• Adequate steps shall be taken to prevent accidents and injury to health arising out of, associated with, or occurring in the course of work, by minimising, so far as is practicable, the causes of hazards inherent in the working environment.

• Where providing accommodation for workers, accommodation should be safe, secure and hygienic.

Foster a culture of respect and inclusion:

• Provide a workplace which is free of discrimination, harassment and bullying, and have in place anti-discrimination, equal opportunity and anti-harassment policies for all.

• Foster gender balance and greater diversity in the workforce.

We expect all our suppliers to respect Core Principle 7 reflects Australia's Guiding Principles on Business and Human Rights.