1. Your contract with us comprises these standard terms and the terms contained in your contract for services, including the terms relating to any further subscription contract period, renewal and additional services.
2. You agree to pay the total fee over the term stated in the payment schedule of the contract for services.
3. You agree that you will not reproduce or use any of the documentation that we send you for any other purpose, as we reserve copyright over this material. We do not accept any responsibility for updates or changes to documentation made by you or your employees after the date when the documentation is first made available to you.
4. You agree to keep us informed of any changes to your company details, contact email addresses and telephone numbers for your primary contact named on this contract, as we will use this email address for all important messages relating to your contract, including the auto-renewal notice reminders.
5. You authorise Empathyse to use your information to communicate with you for advice and information purposes. You also consent to receive all communication relating to your contracted services in electronic format, and by giving this consent, we are no longer required to send you notices or other documents in paper form unless you specifically request it.
6. This contract is governed by the laws of New South Wales and Australia.
Automatic renewal
7. At the end of the initial contract period and any further subscription contract period, the subscription contract will automatically renew for the same period (renewed contract). We may send you an email reminder of this auto-renewal before the end of any contract period.
8. If you do not want your contract or subscription to automatically renew, we require you to give us notice of any decision not to automatically renew your contract at least one month before the end of your contract period. You can contact us at any time, and we will record your notice.
9. We also have the right to end your contract at the end of any contract period, but we may provide you with notice of any decision not to automatically renew your contract before the end of any contract period.
Failure to make payments
10. If you fail to make the payments that you have agreed to in this contract and the total amount remains unpaid for more than 60 days: a. we may claim interest at the rate of 10% per annum, b. a default may be registered with our credit agency, and c. we may suspend access to our services until payment is received.
11. If you fail to make payment and the total amount remains unpaid for more than 90 days, we may take legal action to recover the overdue amount and you will also be required to pay the remainder of the first year’s fees, plus any interest, admin fees and legal fees.
Changes to standard terms
12. We may change our standard terms from time to time. If we change our standard terms, the terms will be no less favourable to these terms, and we will notify you by email at least 30 days before any change. You can notify us before the changes take effect if you prefer to remain on your existing terms.
Confirmation and warranty
of information
13. You confirm that all the information you have provided is true and accurate in every respect and that no material fact has been misstated or not given. You also agree to start the service from the date of signing your contract for services and that payment is due and payable as agreed in the payment schedule.
Privacy statement
14. You agree to adhere to Privacy Law and any privacy protocols as agreed between us. Privacy law means:
a. The Privacy Act 1998 (Cth);
b. The Australian Privacy Principles contained in Schedule 3 to the Privacy Act 1998 (Cth) or any approved privacy code (as defined in the Privacy Act (Cth));
c. Any other statute, regulation or law in Australia or elsewhere which relates to the protection of personal information and which we both must observe.
Additional services
15. Empathyse consultations are for additional on-site support, including but not limited to support with human resource management and work health and safety training, consultation, implementation, and management consulting shall be invoiced separately subject to these terms.
16. Empathyse employment contracts are an additional service, and service shall be invoiced separately subject to these terms. Empathyse employment contracts are a template for use in Australia subject to the receipt of professional legal and accounting advice as applied to your organisational circumstances. Use of Empathyse employment contracts is subject to you indemnifying the owners of Empathyse from the incorrect use of that template without professional advice.
17. Empathyse consultations are for additional on-site support, including but not limited to support with human resource management and work health and safety training, consultation, implementation, and management consulting shall be invoiced separately subject to these terms.
