“Customer” means the customer named in the Service Agreement;
“Party” means one of the parties to the Service Agreement and “Parties” means both/all of them;
“Price” means the total price agreed by the Customer and detailed in the service agreement document.
“Service Agreement” means a signed service agreement document, together with these terms and conditions and any special terms and conditions noted on the services agreement;
“Service” or “Services” means the service(s) ordered by the Customer and detailed in a signed service agreement document.
Scope of Agreement
Health at Work Pty Ltd (H@W) shall provide the Customer with the Services and the Customer shall pay the Price for the Services in accordance with these terms & conditions.
A signed Service Agreement constitutes the entire agreement between the parties regarding provision of the Services by H@W and no representations, warranties, guarantees or other terms or conditions, whether express or implied and whether oral or in writing in relation to the subject matter of these terms & conditions shall be of any force or effect unless contained in these terms & conditions.
Amendment to be in writing
No amendment or variation of the Service Agreement is valid or binding on a Party unless made in writing and signed by H@W and the Customer.
The Customer (where applicable) will provide facilities to H@W to provide the Services, and where relevant, grant H@W access to that part of the Customers site that has been allocated to H@W to provide the Services, or use its best endeavours to arrange access to sites that the Customer’s Services participants are located at (but do not belong to the Customer). H@W must follow all Customer policies and procedures and reasonable directions given by Customer employees, or where not a site owned by Customer, supervisor(s) for that site, including without limitation directions regarding work health and safety and security. The Customer warrants that the facilities provided to H@W at its own sites are suitable and adequate for H@W to provide the Services.
All information provided by H@W regarding pricing of its individual products and Services is regarded as 'Commercial-In-Confidence' information. It is requested that the pricing of individual product / service items not be made public. In an extremely competitive marketplace, H@W believes its pricing policies provide an important advantage in the acquisition and retention of its Customers.
H@W is committed to working within the OH&S guidelines. The Customer is required to provide a safe working environment and safe access to the property. The Customer shall, where relevant, ensure the Supplier has full and safe access to the Premises and any necessary essential services, resources, equipment, materials and information.
Satisfied with accuracy
The Customer agrees that it has satisfied itself as to the accuracy of any information given to it at any time prior to the execution of the Services and accepts full responsibility for any use by it of such information including, without limitation, responsibility for any conclusions drawn by it from such information.
Acceptance of Service Agreement
By signing the Service Agreement, the Customer confirms the order and accepts the pricing, and the Service Agreement. The person signing is authorised to accept this Service Agreement on behalf of the Customer. The Customer will receive a formal invoice for the Services. All Services are to be completed within the timeframe indicated on the agreement. At our discretion, H@W will allow the Customer to request up to a 6 months extension to complete all Services, which may incur additional Account & Program Management hours, charged at $99 per hour – to a maximum of 20% of the total Price. All costs indicated on the Service Agreement will be invoiced within the specified time frame, or in line with an approved extension period.
Payment of Invoices
The Customer must pay H@W the amount shown on the Invoice within 30 days of the date of the Invoice. Late payments will incur a late payment fee of 5% of the invoice value per month or part thereof. Payments are to be made by electronic transfer into the account as specified on the invoice. Alternatively, we accept all major Credit Cards with a 2% surcharge.
If the Customer disputes any amount shown on an Invoice, it must notify H@W within 14 days of receipt of the Invoice and must pay any amounts not in dispute.
No failure or omission by either party to carry out or observe any of the provisions of these terms & conditions shall give rise to any claim against such party or be deemed to be a breach of these terms & conditions to the extent that such failure or omission arises from causes reasonably beyond the control of such party.
The Customer shall indemnify and keep indemnified H@W against any loss or damage suffered by or claims made against H@W as a result of misuse by the Customer of any license granted by H@W under these terms & conditions. H@W shall indemnify and keep indemnified the Customer against any loss or damage suffered by or claims made against the Customer as a result of misuse by H@W of any license granted by the Customer under these terms & conditions.
H@W will comply with the Privacy Act 1988 (Cth) (“Privacy Act”), including in relation to the collection, use and handling of Personal Information and Sensitive Information (which shall both have the meaning given to them in section 6 of the Privacy Act).
Nothing in the provision of these Services transfers ownership of any Intellectual Property owned by H@W prior to the Service date.
H@W has the following insurances in place.
Public & Products Liability
Upon request from the Customer, H@W must promptly provide copies of certificates of currency for each of the above insurance policies.
If any provision of these terms & conditions are void, voidable by any party, unenforceable or illegal, it shall be read down so as to be valid and enforceable or, if it cannot be so read down, the provision (or where possible, the offending words) shall be severed from these terms & conditions without thereby affecting the validity, legality of enforceability of the remaining provisions (or parts of those provisions) of these terms & conditions which shall continue in full force and effect provided that these terms & conditions as amended following such severance is not substantially different from these terms & conditions.
The Service Agreement is only valid up until the date specified. After that date, a new Service Agreement will be required, unless a written extension has been approved.
The Parties may terminate the Services Agreement, effective on the date specified in a termination notice, by:
Mutually agreeing in writing, in which case the termination will be effective on the date of the responding Party’s notice;
One Party giving 30 days’ advance notice to another Party;
One Party giving immediate notice to terminate in the event of a breach of contract by the other Party that is either not remedied within 30 days, or a breach that (in that Party’s reasonable opinion) not capable of being remedied.
Appointment Based Activities
The Price is based on the total number of appointments indicated, based on consecutive appointments. The Service is secured based on the number of appointments specified being minimums. The Price will apply regardless if numbers fall below those indicated.
Credit Note (for appointment-based services and challenges only)
If numbers reduce by up to 50% with more than ten business days’ notice, a credit note may be issued for the Customer to apply towards an alternative H@W service. The credit note value will be based on the H@W per person calculation (only applicable for multiple day events). If numbers are reduced within ten business days, the full cost will apply and no credit or refund will be provided. Credit notes are to be used within 12 months of the original service date and can only be applied to a program where the credit amount is less than 50% of the total program cost.
Agreement Cancellation Policy
A Service can only be cancelled within seven (7) days after the date on which the Service Agreement was signed for no charges to be incurred, except where the Service is scheduled to occur within this period in which case 100% of the amount will be charged as if the service had proceeded. Cancellations post the seven (7) days of the signed Service Agreement date will require full payment of the total Service Agreement amount.
Services Cancellation Policy
Cancellation Fees will apply with regards to any part of the Services which are scheduled and then cancelled or postponed by the Customer
For the purposes of this Services Cancellation Policy clause, service costs include practitioner charges plus program management and program products, already incurred by H@W in the preparation of the Service. Any Service that is rescheduled within 14 days of agreed date will also re-incur the original cost.
Where H@W postpones a Service, we will consult with the Customer to attempt to reschedule for a mutually agreeable date within 30 days of the original planned Service date, and no additional charges of any description will apply to the Customer. If a suitable date cannot be confirmed, H@W will apply a credit for the Service, to be used within 6 months of the original Service date. If the Customer receives a credit, Customer may use the credit towards the cost of receiving any H@W service.
Travel and Ancillary Cost
1. Travel Charges are based on the below (all ex GST):
Travel Time: Medical Checks & Flu Vaccinations $99 per hour / Skin Check Nurse $110 per hour / Presenter $120 per hour
$1.15 per KM return - outside 30km to nearest CBD
Accommodation & Food $250 per night
Transport & Transfers $125 per day
Airfares - charged at cost +10% admin fee
2. Bookings requested within a 4 Week lead-time from the date of signed Service Agreement may incur a 10% surcharge
3. Additional Program Management hours will be charged at $99 ex gst per hour to a maximum of 20% of the total service cost – if required
4. After Hours Loading: Weekdays 8am to 7am = 25%, Weekends & Public Holidays = 50%
Renewal of Subscriptions
You will receive notification 28 days prior to your automatic subscription renewal date. Any cancellations of the subscription are to be made by 14 days prior to renewal date. Cancellations within 14 days of commencement will incur a 10% service fee of the total subscription. If no cancellation is advised by commencement date full charges for the 12-month subscription
H@W may engage contractors and/or subcontractors to provide some Services under the Agreement, however H@W will remain responsible to the Customer for meeting all obligations under the Service Agreement and liable for the conduct of such contractors and/or subcontractors as if they were employees of H@W.
H@W warrants that the employees, contractors and subcontractors it engages to provide Services to the Customer will have appropriate training, qualifications and experience to provide such Services.
Upon approval, the Customer will allow H@W to use their program as a testimonial or case study in a variety of media such as website, flyers and/or EDM for a period of 12 months post the delivery.
Covid-19 Cancellation/postponement of services protocol:
Health at Work has implemented appropriate infection control protocols to safely administer all onsite services such as but not limited to Flu Vaccinations, Skin Checks & Health Checks, Massages and Classes.
Health at Work will follow the advice of the government in regards to safely administering these services, however we also understand that our clients may have return to work policies that differ to government advice, and therefore can effect engagement of these onsite programs.
In the case of a state lockdown, any previously booked services will be moved to an alternate date. Once the State lockdown has been lifted, the services must be booked and implemented within 6 weeks of that date. As each State is experiencing different lockdowns/restrictions, should you have multiple sites/states booked, the above will only apply to the state(s) affected, all other States/sites must adhere to their original date. Alternatively you can use the funds towards another Health at Work online program of the same or greater value to the original service, this must be booked and implemented within 6 weeks of the original service date.
If dates are booked for an onsite service and the anticipated numbers are not reached due to internal protocols limiting onsite employee numbers, Health at Work will base any changes/cancellations on our current Services Cancellation Policy – as above