These Terms and Conditions apply to subscription services of Workplace Partners. If You use Our products and/or services, including any information contained in it in any way, You do so on the basis that You accept and agree to: (1) these subscription service terms and conditions; and (2) Workplace Partners terms and conditions, and privacy policy (all of these (1) and (2) together are referred to as “Terms”).
Please read the Terms carefully. If You do not understand the Terms, or do not accept any part of them, then You will not be allowed to use the subscription services and should not use any part of the subscription services.
- Duration of subscription service
Our subscription Service Plan have a minimum term of 12 months.
- Confirmation and warranty of information
You confirm that all information provided by You to Us is true and correct in every aspect and not misleading in any way. You must immediately tell Workplace Partners if any information is or becomes incomplete, inaccurate, out of date or misleading in any way.
- Fees
You must pay to Us Your chosen Service Plan fee each month for the minimum contract term of Your chosen Services Plan.
If You direct Your financial institution to stop or block payments to Us prior to the final monthly payment under the Service Plan You subscribed to, We reserve the right to collect the balance of the Service Plan that remains outstanding. We also reserve the right to pass on any fees We incur in the collection of this outstanding debt.
If You fail to make payments or Your debt remains outstanding for a period of 60 days or more, a default may be registered with a credit agency we nominate and we may suspend Your access to our services until payment is received.
Our Service Plan fees will be reviewed annually and at our discretion may be subject to an increase. You will be given written notice of any change to the Service Plan fees at least fourteen (14) days prior to the introduction of the increase.
You agree that prior to taking up your Service Plan, You were provided with a list of services that are available to You depending on the Service Plan selected, You were advised of the following that relate to the Service Plan selected:
- minimum monthly fee;
- what is included in your Service Plan; and
- limits of each Service Plan as outlined in this document.
The charges for all other services or products that do not form part of the selected Service Plan or exceed the scope of the selected Service Plan will be advised to you at the time of purchase or engagement.
You agree to pay us for any purchase or engagement of services beyond the Service Plan You selected and for any other services You use and any additional service features You purchase.
4.Goods and Services Tax
As we have to pay Goods and Services Tax (GST) on the service we provide to You. You are required to pay Us an amount equivalent to the applicable GST in addition to the fees otherwise payable. You will be provided with a tax invoice.
5. Payment terms
Our trading terms are seven (7) days. If not paid, we may cease our services to You. Payment must be made by electronic funds transfer; we do not accept cheques or cash.
Should you not pay timeously the whole or any portion of our fees invoiced to You we have the right to refer recovery of those unpaid sums to a mercantile agent and/or a solicitor. You agree that any mercantile agent and/or solicitors costs incurred in recovery of these unpaid sums also be paid by You
6.Payment
By signing up to a Service Plan and providing Your account details for payment, You have authorised Us through a third-party payment processing platform to arrange for funds to be debited monthly from your account. We use Stripe to facilitate payment processing, You can find out more about Stripe at https://stripe.com/en-au/privacy.
7.Automatic renewal
Upon the expiration of the initial Service Plan period or any renewal term of the Service Plan selected, the Service Plan will be automatically renewed for a one (1) year period unless, at least thirty (30) days prior to the renewal date, either party gives the other party written notice of its intent not to renew the Service Plan. During any renewal term the terms, conditions and provisions set forth in this Agreement shall remain in effect unless modified in accordance with Section 13.
We will send you an email reminder of this auto-renewal at least forty (40) days before the end of the Service Plan period.
8. Cancellation and refunds
If you wish to terminate your contract during the initial Service Plan period, you can terminate Your Service Plan by paying an early termination fee of 80% of the remaining Service Plan period.
If You wish to terminate the Service Plan during any renewal term period, You can terminate Your Service Plan by paying an early termination fee of 25% of the remaining Service Plan period.
9. Free trials and discounts
As part of any new Service Plan entered into by You, You may receive a discretionary welcome discount or period of free trial.
You will be advised of the amount of the discount or limit of the free trial period when you contact Us.
Any discount or free trial period is not transferable or redeemable for cash.
10. Fair use of information and advice
You agree that you will not reproduce or use for any other purpose any of the documentation that we send you or make available to You, copyright over this material is reserved by us.
You agree that any information or advice provided to You by Us is provided for solely for Your use only and must not be provided to any third-party without our express written agreement. You must not use the information or advise provided to gain a commercial advantage.
In the event that We become aware or suspect that the documentation, information or advice provided to you by Us is provided to a third party, We reserve the right to suspend or cancel Our services to you. You will not be entitled to a refund in such an event and all further Service Plan payment due for the remainder of the Service Plan period will remain due and payable as a debt to Us.
The Service Plan is strictly for use by You. Unauthorised Use of the Service Plan whether in whole or in part is strictly prohibited. You may view and use the contents within the Service Plan including saving an electronic copy and print out of a copy solely for use within Your nominated business (“Authorised Use”).
“Unauthorised Use” includes but is not limited to, copying, reproducing, dissemination, directly or indirectly to any person for any purpose other than the Authorise Use by You.
11. Restrictions
To access the Service Plan, You will be asked to enter your individual user name (your email address) and password, as chosen by You during Your registration. Therefore, Workplace Partners does not permit any of the following:-
- Any other person sharing your account and Password;
- Any part of our site being cached in proxy servers and accessed by individuals who have not subscribed with Workplace Partners; or
- Access through a single account and Password being made available to multiple users.
If We reasonably believe that an account and password is being used / misused in any manner, We reserve the right to cancel access rights immediately without notice, and block access to all users.
You shall be entirely responsible for any and all activities that occur under your account. You agree to notify Us immediately of any unauthorised use of Your account or any other breach of security.
We will not be liable for any loss that You may incur as a result of someone else using your password or account, however, You could be held liable for losses incurred by Us or another party due to someone else using Your account or password.
12. Limitation of liability
Information and advice provided by Us is of a general nature only and is not legal, accounting, or other professional advice. While We will take all reasonable endeavours to ensure the accuracy of information and advice provided, We accept no liability for any action, or decision not to act, taken by You on the basis of the information provided to You, or for any error in or omission in the information provided by Us, or any loss or damage caused to You or any other person whether a client of Us or not, as a result of information provided by Us being inaccurate.
Without limiting these above, no responsibility or liability is accepted by Us for any losses incurred in contract, tort, negligence, or any other cause of action, or any liability for any loss of profit, loss of opportunity, loss of revenue, loss of data, loss from computer viruses or any indirect or consequential loss.
13. Changes or discontinuation of subscription services
You agree that Workplace Partners may changes its terms and conditions at any time with at least 30 days’ notice to You. In the event that We change Our standard terms and conditions We will publish the updated terms and conditions to Our website.
In addition, We reserve the right to modify, suspend, or discontinue any Service Plan with at least 30 days’ notice to you and we will not be liable to You or any third party for any such modifications, suspension, or termination.
14. Removal or unavailability of content
In certain cases, content available within Service Plan may become unavailable due to changes or amendment by Us, legal requirements or policy. You agree Workplace partners will have no liability to You for any such unavailability.
15. Communications
By purchasing a Services Plan, You consent to receiving communications from Us including marketing communications such as newsletters, special offers, promotional announcements, and customer surveys, to Your registered email address or via other methods. If You no longer want to receive such communications, please contact Us.
16. Other websites
Our services and/or products may contain links to other web sites or services that are not owned or controlled by Us.
Workplace Partners has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any other web sites or services. You acknowledge and agree that Workplace Partners shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
Workplace Partners does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites.
You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.
17. Force Majuere
Where, by reason of a Force Majeure Event, Workplace Partners is delayed in performing, or is unable, wholly or in part, to perform, any obligation under any Services Plan, Workplace Partners will not be liable for failing to perform its obligations as long as the failure is triggered by something beyond its reasonable control. This clause does not excuse payment of monies due by You.
18. Jurisdiction
This contract is governed by the laws of South Australia.
19. Severability
If any of these terms and conditions is in any way unenforceable, invalid or illegal, it is to be read down so as to be enforceable, valid and legal. If this is not possible, the term or condition (or where possible, the offending part) is to be severed without affecting the enforceability, validity or legality of the remaining terms and conditions (or parts of those), which will continue in full force and effect.
20. General
Without limiting these above disclaimers, no responsibility or liability is accepted by Workplace Partners for any losses incurred in contract, tort, negligence, or any other cause of action, or any liability for any loss of profit, loss of opportunity, loss of revenue, loss of data, loss from computer viruses or any indirect or consequential loss.
21. Further Terms
- General
These further terms form part of your agreement with Workplace Partners in so far as they apply to the services you have subscribed to or where You have opted or selected additional services.
- Employer Advisory Service (EAS)
The EAS is provided to You in accordance with the Service Plan purchased and is available during Our business hours only. The EAS is unlimited and can be accessed via phone or email. The EAS only provides human resources, industrial relations, and general work health and safety advice or guidance on enquiries raised but does not include additional work such as drafting documents or attending meetings. Where additional work is identified and requested or approved by You, we will provide You with an estimate of fees and/or letter of engagement before undertaking the additional work.
For HR Protect subscribers, Your dedicated HR consultant will be Your main point of contact for the EAS service. However, if Your HR consultant is unavailable for any reason, You will be referred to another HR consultant to help Us deliver the EAS service to You.
Any information or advice given by Us, whether over the telephone, in person or in writing, is based on the facts and information provided to Us by You (or Your authorised representative). If the information provided to Us by You (or Your authorised representative) is incomplete or inaccurate, it may change the advice or information that would be given by Us. We accept no liability for any action, or decision not to act, taken by you on the basis of the information or advice provided to You, or for any error in or omission in the information or advice provided by Us, or any loss or damage caused to You or any other person whether a client of Ours or not, as a result of information or advice provided by Us being inaccurate.
- HR & Safety Documents
As part of Your selected Service Plan, You will be provided with access to a range of HR and Safety documents and tools, and award wage and entitlement schedules, for use in your business. We may also from time to time send You updates via email including videos. Whilst we make every effort to ensure the accuracy of all information and documents We provide to You, Workplace Partners accepts no liability for any action, or decision not to act, taken by You on the basis of the information and/or documents provided to You, or for any error in or omission in the information provided by Workplace Partners, or any loss or damage caused to You or any other person whether a client of Workplace Partners or not, as a result of information and/or documents provided by Workplace Partners being inaccurate.
- Employment Contracts
All Service Plan will be provided with access to general employment contract templates. These general employment contract templates are basic documents and are not in any way tailored to your industry or business and can change from time to time. We recommend You check for updates before using any general employment contract templates to ensure You are using the most current version available.
If You wish to maintain your Service Plan at HR Essentials but would like to access employment contracts specific to Your industry or tailored to Your business, please contact Us for pricing information.
For HR Protect subscribers, your dedicated HR consultant will be your main point of contact for the delivery of industry specific or tailored employment contract (only available for HR Protect subscribers).
You agree that You will not reproduce or use for any other purpose any of the employment contracts that we provide You, as copyright over this material is reserved by Us.
The employment contracts or any subsequent draft of corrections, deletions or additions provided to you; and all other attachments or any subsequent attachment dealing with the same subject matter (referred to collectively as “Information”) has been provided by Workplace Partners by providing education, assistance and guidance (but not legal advice). This Information is not provided for any other purpose. While We make every effort to ensure the accuracy of the information provided, the accuracy may be affected by changes to Commonwealth law and policy, or by judicial consideration or interpretation. Workplace Partners or any person acting on Our behalf do not give any guarantee, undertaking or warranty whatsoever in relation to the information including in relation to the accuracy, completeness, currency or the interpretation of any award, the Fair Work Act, employment law generally or any decision or determination of a court or tribunal of the information. By agreeing to use the Information, You agree to indemnify and hold harmless Workplace Partners and any person acting on our behalf from and against any loss or liability suffered by You or a third party, arising out of the provision of the Information, howsoever caused, including due to the negligence of Workplace Partners or any person acting on Our behalf.
- HR Audit
For HR Protect subscribers ,upon request We will conduct a once-off review Your employment contracts and HR policies and confirm Award and NES compliance requirements using Our checklist (the once-off review will be conducted either face to face , via telephone, or online at a mutually suitable time as upon Your request). A report will then be provided to you including any recommendations for improvement. The report is provided by Workplace Partners by providing education, assistance and guidance (but not legal advice). The report is not provided for any other purpose. If You use the report, You agree to indemnify and hold harmless Workplace Partners and any person acting on its behalf as an employee, contractor, consultant or agent from and against any loss or liability suffered by You or a third party, arising out of the provision of the report, howsoever caused, including due to the negligence of Workplace Partners or any person acting on its behalf as an employee, contractor, consultant or agent.
6. Workplace Relations Consultant
Subject to the Service Plan purchased, You will be provided with Consultant hours which can be used towards any small or large projects that You need a workplace relations consultant for, or just need assistance with strategic planning, workforce planning, recruitment, performance management or consultancy.
For HR Protect subscribers, your dedicated HR Consultant will be your main point of contact for the delivery of Consultant hours.
Additional Consultant hours can be arranged by contacting Us for pricing information.
7.Fair Work Representation
In the event You are served with a claim, Workplace Partners will represent You at no additional cost subject to the following:
- You are on a HR Protect plan and have been on the plan for a minimum of 3 months;
- You have sought and followed Our advice in full in respect to the matter claimed before taking the action that resulted in the claim from Your employee or ex-employee;
- You have brought the claim to Our attention immediately and sought Our advice in relation to the claim;
- Our representation is limited to up to 2 claims per subscription period;
- Our representation is limited to matters such as unfair dismissal, underpayment of wages, general protections, and bullying claim from an employee or ex-employee;
- Our representation will only be up to and including conciliation in the Fair Work Commission; and
- You have authorised Us to defend the claim on Your behalf, and, if so assumed, You will cooperate with Us and provide all information to Us to defend the claim in a timely manner, including any advice to resolve the claim by settlement; and
- In the event that We represent You and the matter is not settled at conciliation, We will provide You with our recommendation(s) and You may elect to engage us further on a fee for service basis.
22. Your agreement and acceptance
You agree that you are solely responsible for Your use of any Service Plan or other services of Workplace Partners, any breach of Your obligations under this Subscription Service Terms and Conditions, and for the consequences (including loss or damage of any kind which Workplace Partners may suffer) of any such breach.
You acknowledge and agree that You are responsible for paying all fees in a timely manner and for providing Us with a valid credit card or other form of payment acceptable to Us.
You acknowledge that Your online acceptance of these or any other terms constitute a binding agreement between You and Workplace Partners and signify Your intent to be bound to such online acceptances.
23. Definitions and interpretation
In these terms and conditions:
‘Force Majeure Event’ means any natural disaster, terrorism, pandemic or any other local, national or world event that results in Workplace Partners being unable wholly or partially to deliver on its obligation and its services.
‘Product’ means a document or other service which you order from Us;
‘Services Plan’ means any one of the three available HR services plan as chosen by You. The current three HR service plans available to subscribe to are HR Essentials or HR Protect.
‘You’ or ‘Your’ means the person using our service, including a person using our service as an authorised agent/representative of the named business when subscribing to a Service Plan or any other services of Workplace Partners;
‘Workplace Partners’ means Workplace Partners Pty Ltd ABN 57 161 891 050, its agents, officers, successors, authors, licensors and advisers and ‘We’, ‘Our’ and ‘Us’ have a corresponding meaning;
‘Website’ includes the website, the interface, user system, documents, information, and the services which we make available to you which are ancillary to these services, including the employer advisory service;
the singular includes the plural and vice versa; and
a reference to currency is a reference to Australian dollars.