3.15. Safety Made Simple may also offer custom service packages tailored to your specified needs and requirements, outside the WHS Support and WHS Risk Review Packages. For custom packages and services, we will provide you a written quote detailing the services included and the investment required.
3.16. Any additional services requested by you that are outside the scope of the agreed upon package or quote, may incur extra charges, which will be communicated and agreed upon prior to us rendering our services to you.
4. Reimbursement of Expenses
4.1. To maximise value to you, Safety Made Simple will provide you with support virtually through its preferred platform. If an in-person meeting or site visit is required, Safety Made Simple will deduct any travel time from your access hours. Where travel is outside the greater Launceston, Tasmania area, Safety Made Simple will invoice you for travel.
4.2. We will work with you to find a suitable alternative if you request services that demand expense reimbursement. If no alternative solution is available, and you indicate you would like to proceed, Safety Made Simple will seek approval in writing before proceeding with the service.
4.3. Safety Made Simple will invoice at the current cents per kilometre tax rate defined by the Australian Tax Office for vehicular travel beyond 30km of the Greater Launceston area.
4.4. Safety Made Simple will invoice flights and/or accommodation for executing the work at the cost incurred, plus a 15% administration fee.
4.5. Safety Made Simple will invoice for the cost of printing collateral or associated materials at the cost incurred, plus a 15% administration fee.
5. Safety Support Packages - How it works
5.1. Client Onboarding and Scheduling: Once you have agreed to these terms and made the initial payment of your fees, Safety Made Simple will send you a link via email to schedule the initial strategic planning meeting with us. It is your responsibility to book this initial meeting. You must book the initial strategic planning meeting within five (5) days of receiving the link.
5.2. Collaborative Workspace Setup: Safety Made Simple will create a collaborative workspace in its preferred platform. This process will be confirmed by email. You are responsible for ensuring that all instructions are followed to accept and gain access to the workspace.
5.3. Initial Strategic Planning Meeting: The initial strategic planning meeting will be held on the date scheduled by you. We will discuss goals, objectives, and expectations.
5.4. Strategic Plan Development: Following the initial strategic planning meeting, we will develop a strategic plan that aligns with the agreed upon service and time period and outlines both Safety Made Simple’s and your deliverables.
5.5. Establishment of the Strategic Plan: We will schedule a follow-up meeting with you to finalize and establish the strategic plan, ensuring all parties are aligned on deliverables and timelines.
5.6. Response to Support Requests: Safety Made Simple will respond within 2 business days to any support requests. If you have subscribed to Safety Made Simple's 24/7 phone support service, we will respond to your call immediately, or call you back with urgency if we are unavailable, within no greater than 3 hours of your call.
6. Non-exclusivity
6.1. By entering into this agreement, we do not enter any form of exclusive arrangement with you for the supply of our services. We may at any time supply similar services or the same services to anyone else.
7. What we expect from you
7.1. You are ultimately responsible for implementing effective controls and systems to manage WHS risks. By engaging the services of Safety Made Simple, you do not delegate these responsibilities to us.
7.2. Safety Made Simple will support you in understanding and implementing systems to manage your WHS risks and compliance obligations. You commit to investing the time, labour and other necessary resources to deploy developed systems and identified controls effectively in your business.
7.3. You will make available the requested information and documents to support the delivery of services. You will send us your feedback and edits in one communication, wherever possible, to assist us in completing your work in a timely manner.
7.4. Many of our services require your collaboration and input. Where collaboration is required, if not otherwise agreed and booked in advance, Safety Made Simple will send you a link to schedule a meeting at a time that suits you. It remains your responsibility to book in any collaborative time required to support the delivery of our services to you.
7.5. You warrant (promise) you have the power and ability to enter into this contract on behalf of your company or organisation.
7.6. You agree to make payment via direct debit using our designated digital payment service, such as Stripe, Paypal or Google Pay for all of our services.
7.7. You must work together with us. You know your business better than anyone and the implementation of effective controls and systems to manage WHS risks is dependent on your input.
7.8. You must inform us of any changes to your workplace and your contact details.
8. Investment and Account Billing
8.1. The costs of our services are dependent on the package you choose.
8.2. If you require support hours beyond your entitlement while within the WHS Support Package, our services will be charged at an hourly rate of $225 plus GST, which will be invoiced monthly. If you have not enrolled in any packages, our hourly services are charged at $300 per hour plus GST.
8.3. Unless otherwise agreed, payment of our fees for our services must be paid monthly in advance.
8.4. In cases where payment is agreed to be made in arrears, a non-refundable deposit amounting to 50% of the quoted service fee shall be payable upon the acceptance of the quote and prior to the commencement of work. The remaining balance shall be due upon the completion of the services. Payment of any invoice issued in arrears is due within fourteen (14) days from the date of the invoice.
8.5. Safety Made Simple reserves the right to adjust our fees at any time, including for new or existing services. If we increase our fees, we will provide you with reasonable notice, typically at least twenty-eight (28) days before the change takes effect. However, we may immediately adjust prices for new services or changes in applicable taxes or fees. If you do not agree with the intended fee increase, you may terminate this agreement in writing. If you do not terminate this agreement before renewal, you are deemed to have accepted the increase in fees and the fee increase will take effect from the next monthly billing cycle.
8.6. We may offer discounts, promotions, or special pricing for particular services or customers. These offers are subject to change at any time, and Safety Made Simple reserves the right to discontinue them without notice.
8.7. Our fees are in Australian Dollars and exclude goods and services tax. You will be liable for payment of any GST charges in addition to our fees. If our fees are quoted in a currency relevant to your location, you agree to pay the fees in that currency, along with any applicable taxes for your region.
8.8. A valid credit or debit card is required for all payments to us, which are processed by direct debit payment on our designated digital payment service. You agree to pay any applicable surcharge on payments imposed by our designated payment service providers and/or credit card providers. Credit card processing fees are payable by you in accordance with prevailing industry standards and regulations, and the relevant laws governing electronic fund transfers in Australia and overseas.
8.9. You agree that:
(a) you will not deduct, withhold or off-set any fees owed to us under this agreement for any reason, including but not limited to, any disappointment or perceived failure of our services;
(b) we may suspend, delay, or cancel our services if fees are late or unpaid or in our opinion you fail to provide complete, accurate and timely materials or communication and we are not liable for any resulting loss that arises because of any suspension, delay, or cancelation by us;
(c) you are liable for payment of any dishonour fees incurred by us, as well as any costs and disbursements incurred by us in pursuing the debt if applicable (including legal costs on a solicitor and own client basis and collection agency costs when permitted by law); and
(d) late payments attract interest at the rate of 10% calculated daily from the date a payment is due to the date of payment is made (both prior to and after judgment, if applicable).
9. Termination
9.1. If Safety Made Simple cannot execute or deliver the services outlined in this agreement due to you being inaccessible, failing to provide requested information, or failing to engage, Safety Made Simple reserves the right to terminate this service. You will not be entitled to reimbursement for fees already charged in this event.
9.2. If you terminate this agreement before the end of the minimum six (6) month term, the balance of our fees will become immediately due and payable by you.
9.3. If you have committed to a twelve (12) month subscription and qualified for the discounted fees at the time of engaging our services, the balance of our fees in full, including any discount applied, will become immediately due and payable by you.
9.4. If you terminate this agreement and have incurred borrowed hours of your current subscription, Safety Made Simple will invoice for all hours used at $300 per hour.
9.5. You agree to reimburse us for all costs and expenses of the agreement in full and which relate to non-cancellable commitments.
9.6. In the event either party wishes to terminate this agreement prior to the completion of the services, the party may do so by providing fourteen (14) days’ written notice to the other party. Following termination by either party:
(a) no further services will be provided, and you will not be entitled to a refund, and the balance of your subscription fees may become immediately due and payable
(b) you must cancel any automated direct deposits, direct debit, or credit card facilities in place at the time of termination; and
(c) you will indemnify us for any third-party fees incurred after the termination date relating to the services provided to you.
10. Third Party Platforms
10.1. We may suggest or use third party platforms to create or deliver our Services to you or for you to communicate with us. Third Party Platforms may include integrated management systems and communication platforms such as Mailchimp. It may also include virtual meeting platforms, remote accessing programs or tools, search providers, Microsoft or other programs or products that do not originate from us or belong to us, as well as marketing automation platforms or other software or tools.
10.2. Any third-party provider has its own terms and conditions. It is your responsibility to read the terms and conditions and be satisfied they are acceptable for your use. Unless otherwise specified in this agreement, you are solely responsible for the setup, maintenance, and on-going cost of maintaining your own third-party platform accounts. We do not guarantee the performance, functionality or error free integration of any Third Party Platform.
10.3. Third party-platforms may change their policies and processes at any time and without notice. This may cause interruption or delay in us providing our services to you. This includes the closure by the platform provider of an account, function or feature without notice or explanation during the provision of services by us to you. Safety Made Simple is not liable for any loss or damage incurred by you if this happens.
11. Security, accessibility, and Integrations
11.1. We use your systems to deliver our services. We may recommend systems that our team are familiar with using without assuming any liability for your use of those systems. You are responsible for satisfying yourself as to the security, accessibility and reliability of the services you use for your business.
12. Privacy
12.1. Our privacy policy can be found on our website at https://www.safetymadesimple.com.au/privacy-policy and we ask that you now take the time to read and understand this policy along with the terms and conditions of use of our website and services.
12.2. Any data stored or processed by us is primarily stored or processed in Australia. However, due to the third-party services we use, the nature of the internet and the way data is transmitted, some data may be stored, mirrored, or transferred to other locations including overseas.
12.3. We deny all liability for any computer virus or technological problems that were not intentionally caused by us or are beyond our control.
13. Limitation of liability
13.1. We are not liable for the accuracy or lawfulness of any content you provide to us or for any content, material, or publication that we produce on your behalf which has been approved by you.
13.2. To the fullest extent permissible by law, and without limiting Australian Consumer Law or other applicable laws, in the event of any fault in the services, our liability will be limited, at our choice, to:
a) supplying the services again;
b) repairing any fault in the services caused by us;
c) payment of the cost of having any fault in the services caused by us repaired; or
d) payment of the cost of having the services supplied again up to the original value of our services.
13.3. Notwithstanding any other clause in this agreement, you agree that our total maximum aggregate liability to you for any action or claim or group of actions or claims is the amount actually paid by you for services under this agreement rendered in the three months immediately preceding the date of dispute (or latest in time dispute if more than one dispute).
13.4. Neither party will be liable for lost revenues, profits, or savings, nor for any indirect, exemplary, punitive, special, or consequential loss or damages of any party, including third parties, even if a party has been advised of the possibility of that loss or damages.
13.5. This limitation of liability applies to the fullest extent permitted by law, and survives any termination or expiration of this agreement, or your use of the services.
14. Indemnity
14.1. You agree that your access to and use of our services will be at your sole risk.
14.2. You agree to indemnify and defend Safety Made Simple, its officers, directors, employees and agents from and against any and all claims, losses, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees), arising out of or relating to any act or omission arising from or related to this agreement and our services to you including but not limited to:
(a) any personal injury, death or damage to tangible property suffered by you or any third party in any way associated with your use of our services,
(b) any claim by a third party arising out of your use of our services,
(c) your unauthorised use of our services, or
(d) your breach of our terms and conditions for our services.
14.3. Nothing in this agreement authorises you to defend, compromise or settle any claim or proceeding on behalf of Safety Made Simple.
15. Dispute Resolution
15.1. If a dispute arises in relation to this agreement, please let us know first and we will try to resolve it in good faith with you.
15.2. Either party can give written notice stating what is in dispute and can request a meeting to resolve the matter. If this happens, each party must meet in good faith and act reasonably in endeavouring to resolve the dispute quickly through negotiation.
15.3. Any dispute, controversy or claim arising out of, relating to or in connection with this agreement, including any question regarding its existence, validity, or termination, that the parties cannot resolve within thirty (30) days shall be referred to mediation. If the parties are unable to agree on the appointment of a mediator, then the parties will request the Resolution Institute https://resolution.institute/ to appoint an independent mediator. The parties agree that the mediators fee and the cost of hiring room/s for mediation will be paid equally by the parties.
16. Copyright, trademarks and other intellectual property
16.1. You grant Safety Made Simple permission to use your intellectual property, such as branding and logos, solely to fulfil our obligations to you under this agreement.
16.2. Intellectual property created by Safety Made Simple in the delivery of our services to you will be made available for ongoing use, including alteration, by you. All names, logos and trademarks are the property of Safety Made Simple or the third parties who have contributed to our services and should not be construed as granting any licence or right to use any name, logo or trade mark without the express prior permission of the owner or the relevant contributor.
16.3. You agree that all content used to deliver our services to you, including but not limited to text, graphics, pictures, videos, information, applications, software and other files are the proprietary property of Safety Made Simple, its users or its licensors with all rights reserved. No content may be copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, shared, or sold in any form or by any means, in whole or in part, by third parties without Safety Made Simple’s prior written approval.
16.4. For clarity, all legal and moral rights and entitlement are claimed by, are owned, and remain with us in relation to:
(a) our materials, methods of service delivery, branding, marketing, copyright, trademarks, videos, digital interviews and presentations, written/audio/visual stories, articles, banners, or any form of publication, promotion, video or other material.
(b) Our IP does not need to be registered or be held under legal copyright by us to be protected and our Intellectual property rights and moral rights have the same meaning given under the Australian Copyright Act 1968.
16.5. We request that you do not share our materials or methods as this would infringe upon our rights and significant investment in developing our business and goodwill.
16.6. Permission: You may access, download, or print material provided to you for personal use, or use within your organisation only. Sharing without prior permission is expressly prohibited. You are not permitted to use our copyright material for commercial profit of any sort. This means you cannot resell our services or copyright material without our express written permission. You agree not to change or delete any copyright or proprietary notice from materials downloaded from our website or any site accessible through this website or provided to you by us in the delivery of our services to you.
16.7. Please contact support@safetymadesimple.com.au if you require permission to reproduce any of the contents of any part of our services for any purpose other than internal use within your organisation.
17. Copyright infringement
17.1. If you believe that there is material on our website that infringes third party intellectual property rights, please contact us at the email address set out at the start of these terms of use and provide sufficient information to enable us to determine who is the owner of the intellectual property. If we form the reasonable belief that there has been an infringement, then we will remove it from our website.
17.2. Be aware that you may be subject to liability if you knowingly make any misrepresentations when providing information to us.
18. Your Data
18.1. You grant us a license to use, copy, transmit and store your branding, data, materials, and IP for the purpose of providing the services.
18.2. While all care is taken to securely store your materials and data, including regularly performing back-ups, we do rely on third party providers for storage and other services, and we make no warranty that our backups will be accessible by you or that your data will be safe. We will not be responsible or liable for the theft, deletion, correction, destruction, damage, loss, or failure of any of your material or data.
18.3. If this agreement is terminated, we will hold any original or unused materials and data for a maximum period of ninety (90) days from the date of termination. After the ninety (90) day period has ended, materials and data may be permanently deleted from our systems.
19. Damaging Event (Force Majeure)
19.1. A damaging event, also known as a ‘Force Majeure Event’, means an event that is beyond a party’s control, including but not limited to war, pandemic or other serious health outbreak or concern, fire, earthquake, labour dispute, act of God, death or serious injury or illness, unavailability of any electricity or other utilities, or unavailability or material change in any third-party technologies or platforms (or the rules governing such technologies or platforms) and any local, state, federal, national, or international law or governmental order.
19.2. Other than for payments due:
(a) neither party will be liable for delay or failure to perform its obligations under this agreement if that delay or failure is due to a Force Majeure Event;
(b) if a delay or failure of a party to perform its obligations is caused or anticipated due to a Force Majeure Event, the performance of that party's obligations will be suspended.
19.3. If a Force Majeure Event causes a delay, suspension, or termination of this agreement, you agree that payment of all services or work completed up to the date of suspension or termination are still payable by you.
20. Confidentiality
20.1. You may provide information to us that is important and confidential to you or your business. We will only use that information to provide the intended services to you. Our contracts and business methods are confidential to our business, and you agree to keep them confidential.
20.2. These obligations of confidence will cease to apply in relation to information that either party is required to disclose by any law, or which becomes part of the public domain other than as the result of a breach by the disclosing party of its obligations of confidence under this agreement.
20.3. Confidential information also includes any commercially sensitive information such as revenue, customers, profits, personal details, trade secrets, and any information identified explicitly by either party as confidential.
21. Disclaimer
DISCLAIMER ABOUT NO WARRANTY FOR COMPLIANCE WITH WORKPLACE HEALTH AND SAFETY
21.1. You specifically acknowledge and agree that your use of our services is at your own risk.
21.2. We are a consultancy, training, strategy and information service, and while we aim to provide strategic, effective and quality services, we do not guarantee that use of our services will ensure your business is current or compliant with Work Health and Safety Law or other relevant legislation. We have no control over your staff, supervision, day-to-day processes or how you use or integrate our services or the systems you have in place in your workplace.
21.3. We make no representations about the suitability, reliability, availability, timeliness, or accuracy of anything contained in our services for any purpose, to the maximum extent permitted by applicable law. Our services are provided on an "as is" and “as available” basis without warranty or condition, whether express or implied, of any kind.
21.4. Safety Made Simple makes no promises that you will have uninterrupted or error-free access to and use of our services, or that the services will meet your requirements or transmit data reliably.
21.5. No advice or information, whether oral or written, obtained by you from Safety Made Simple will create any warranty not expressly stated in these terms and conditions.
21.6. Any material downloaded or otherwise obtained through the use of our online services is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
22. General
22.1. Notices –
(a) Any required notice between the parties, including a notice of dispute, may be provided electronically in writing to the email contact details notified in the schedule, or as later notified in writing.
(b) Notices sent electronically are deemed to have been received on the same business day if sent prior to 4.00pm on that business day and otherwise, the next business day (where a business day is a day that is not a public holiday, Saturday, or Sunday in Tasmania).
22.2. Day/s - are defined as business days which means any day that is not a Saturday, Sunday, or a public holiday recognized in Tasmania. Any reference to "Days" in this agreement shall not include calendar days unless explicitly stated otherwise.
22.3. Assignment – We may assign our rights and obligations under this agreement and will provide notice of doing so. This is only likely to happen if we sell our business. Our services are personal to your business and cannot be assigned by you without our prior written consent, which will not be unreasonably withheld.
22.4. Severability - If any of these terms and conditions are determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions will continue in effect.
22.5. No Detriment - A clause in this agreement will not be invalid, void or severed because it is more favourable to one party than the other, and if a clause in this agreement is more favourable to one party than the other then the parties agree that no adverse presumption, detriment or finding will be made to the detriment of a party because that party drafted the agreement. The parties agree that they are each sufficiently commercially sophisticated and savvy to understand all of their rights when entering into this agreement.
22.6. Waiver - Any time or other extension granted by us will not in any way amount to a waiver of any of our rights or remedies under this agreement.
22.7. Entire Agreement – These Terms of Use form the agreement between us and anything else discussed before and/or afterward is not part of the agreement or fees charged unless it was included in writing.
22.8. No Relationship - We are providing services to you as an independent contractor and nothing in this agreement should be interpreted to suggest otherwise.
22.9. Governing Law - This agreement is governed by the laws of Tasmania, Australia and the parties agree to be subject to the jurisdiction of the courts of that jurisdiction.
22.10. Electronic Acceptance - This agreement may be entered into by ticking or checking the ‘I agree’ box on our website, by written confirmation from you sent to us by electronic means, including via email. If a signature is indicated, each party agrees to accept a type written or electronic signature of the other party as binding acceptance of the terms and conditions of this agreement.
End.
