T&C's - Fee Based Support & Help Desk
Terms and Conditions - Fee based Help Desk/Support Services
In addition to these terms and conditions, you are bound by the Subscription Terms and Conditions that you agreed to when your subscription commenced. View the Subscription Terms and Conditions.
The terms and conditions contained in this agreement disclose further information regarding the basis on which Workforce Guardian Pty Ltd ("WG") provides its employment relations help desk and support services to you ("Services"). You must read and agree to these terms and conditions, in conjunction with the Subscription Terms and Conditions, before requesting Services from WG. By clicking the "Agree" button you accept and are bound by these terms and conditions.
WG may change these terms and conditions from time to time and will notify you of any changes. These changes will apply to any Services you request after such notification. Your request for Services following such notification will represent an agreement by you to be bound by the terms and conditions as amended in relation to those Services.
Disclaimer regarding Legal Advice
In using the Services, you acknowledge that WG is an information service provider and not a law firm and it does not provide legal advice. You agree that you will not rely on your use of the Services as a substitute for legal advice and that if you have any concerns regarding whether you need legal advice, you will seek such legal advice. In submitting a request to WG for the Services, you acknowledge that you are responsible for the outcome of any action you may take as a result of the information provided. In providing the Services to you, WG's subject matter experts will assist you in interpreting the information contained on the WG database with reference to the circumstances that you have provided. You acknowledge that the information you receive from WG will depend upon the information provided by you to WG.
In the course of providing the Services to you, WG may determine that your query requires legal advice. WG will alert you to this as quickly as possible and at your request, will assist you in contacting a legal firm to obtain such advice. You should review any WG response relative to your specific requirements and the information contained in the WG database. The Services are intended for use in ordinary situations only and are not appropriate for use in special or unusual circumstances. If you are unsure whether certain circumstances are special or unusual WG recommends that you seek legal advice. WG does not make any representation concerning, nor warrant the accuracy, adequacy or completeness of the information provided to you through your use of the Services. WG does not accept responsibility for any losses suffered as a result of any reliance, either wholly or in part, by you or any other party, upon the accuracy or currency of information provided to you through your use of the Services
You represent and warrant that you are authorised to use the Platform and the online products and services and that you have capacity to be bound by these terms and conditions. If you are entering into these terms and conditions on behalf of your employer, you represent and warrant to us that you are duly authorised and have the power and authority to bind your employer.
WG's Service Commitment
Subject to payment in full of subscription fees, the end user shall be provided with access to codes, passwords and other information to enable use of the WG service. The user is responsible for the security of all access codes and passwords.
Online information concerning the products and services is available using the FAQs from within the WG service. Further, general, support regarding the functions and use of the service is available through our "Ask an Expert" facility.
WG will use its best endeavours to ensure that your support request is allocated to a subject matter expert within 2 business days (Australian Eastern Standard Time). A reasonable use policy applies to the provision of "Ask an Expert" support to the user by WG. WG reserves the right to charge at an hourly rate for support services rendered. If the user requires additional consulting services a quote will be provided within a further business day.
Charges and Payment
Where you engage our fee-based services on a 'one-off' basis, such as scheduling a call to our 'Premium Ask an ER Expert' service, you will be provided with a verbal quote of the cost per 15 minutes (or per hour where you engage our 'Expert Consultancy' service). Upon your express request, WG shall also provide you with an estimate of the total time WG believes will be necessary to resolve your enquiry. The quote acceptance will form a contractual obligation on your part to pay the quoted amount at the completion of the work and the provision to you of a formal written response to your enquiry. Your acceptance or otherwise of the final report or work performed on your behalf does not reduce, diminish or eliminate your obligation to pay the quoted amount.
Where you engage our fee-based services on an on-going basis, such as engaging WG to represent your interests in a dispute with the Fair Work Ombudsman (FWO), an employee (or ex-employee) or to prepare continuous correspondence, advice and/or support in relation to a continuing matter, WG shall maintain time records for all work performed on your behalf and shall invoice you from time-to-time. A detailed breakdown of work shall be provided by WG t you upon request.
Quotes provided to you by WG are exclusive of GST. GST has the meaning used in the A New Tax System (Goods and Services Tax) Act 1999 and any applicable rulings issued by the Australian Commissioner of Taxation.
WG owns and retains the intellectual property rights, including copyright, in all of the material it provides to you in the course of providing the Services including without limitation, all forms, documents, agreements, templates, notes and alerts or other materials produced in connection with the Services and any material, methodologies, software, know-how or procedures notified or provided to you.
WG grants you a restricted licence to use such material only in respect of your own internal business purposes during the term unless terminated earlier. You may not provide the materials or any part thereof to any third party. This restriction is strictly enforced and security systems are in place to monitor unauthorised use of WG materials.
To the full extent permitted by law, WG excludes any and all express or implied warranties, guarantees or representations regarding the accuracy, reliability, timeliness, fitness for purpose or otherwise of any information or advice provided by WG in the course of providing the Services to you.
Where legislation implies any condition or warranty, and that legislation prohibits WG from excluding or modifying the application of, or WG's liability under, any such condition or warranty, that condition or warranty will be deemed included but WG's liability will be limited for a breach of that condition or warranty to one or more of the following: (a) if the breach relates to goods, (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of such goods, (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or (iv) the payment of the cost of having the goods repaired; and (b) if the breach relates to services, (i) the supplying of the services again or (ii) the payment of the cost of having the services supplied again.
You indemnify and will keep indemnified, defend and hold harmless WG from and against any and all liabilities, claims, costs, damages, expenses and losses (including reasonable legal costs and expenses) arising from any claim, demand, suit, action or proceedings by any third party or you, which is related to, arises out of, or is in any way a consequence of anything done in connection with, or as a result of the Services.
Limitation of Liability
To the full extent permitted by law, WG will not be liable to you, either wholly or in part, for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with the Services, nor does WG accept any responsibility whatsoever for any such loss arising out of your use of or reliance upon information provided by WG in the course of providing the Services to you.