Definitions
“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.
Entire Agreement
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 agreed by H@W and the Customer.
Access
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.
Commercial-In-Confidence
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.
Where information provided by the Customer to perform its obligations under these Terms and Conditions and the Service Agreement is confidential, H@W will ensure that its employees, contractors and agents maintain the confidentiality of that information.
OH&S
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
H@W represents and warrants that all of the information that it provides to the Customer is accurate and complete. 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.
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 $125 per hour. 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.
Disputed Invoices
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.
Force Majeure
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.
Indemnity
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.
Privacy
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).
No Transfer
Nothing in the provision of these Services transfers ownership of any Intellectual Property owned by H@W prior to the Service date.
Insurances
H@W has the following insurances in place:
Upon request from the Customer, H@W must promptly provide copies of certificates of currency for each of the above insurance policies.
Severance
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.
Valid Date & Termination
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:
Appointment Based Activities
The Price is based on the total number of consecutive appointments indicated. The Service is secured based on the number of consecutive appointments specified, being minimums. The Price will apply regardless if actual appointments fall below those indicated.
Credit Note (for appointment-based services and challenges only)
If numbers reduce by up to 50% with more than fourteen (14) 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 fourteen (14) 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 service where the credit amount is less than 50% of the total service cost.
Service Agreement Cancellation Policy
A Service Agreement 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 within30 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 Costs
1. Travel Charges are based on the below (all ex GST):
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 hour swill be charged at $125/hr ex gst per hour to a maximum of 20% of the total service cost
4. After Hours Loading: Weekdays 6pm to 8am = 25%, Weekends & Public Holidays = 50%
5. Graphic Design hours (eg content change, logos etc) will be charged at $175 per hour; content creation will be quoted separately.
Flu Services: Amendments and Cancellation Policy
For amendments and cancellations made after the flu clinic dates have been confirmed for a specific site/office/clinic, a minimum fee of $295 + GST will be incurred, and the following will apply based on the notice period given:
* Amendments include change of dates, time and site locations.
Flu Services: Travel and Ancillary Charges
Travel Charges are based on the below (all ex gst):
Renewal of Subscriptions
The Healthy Body & Mind Hub and Modules, Jump Into Life Newsletter, Healthy Poster Series
You will receive email notification 30 days prior to your automatic subscription renewal date. Customers are responsible for providing a valid email address for notification.
Any cancellation of the subscription must be made within 14 days of this notification. Any cancellations post the 14 days will incur a 50% subscription cost. Cancellations will not be accepted post renewal commencement date, and the full 12 month subscription charges will apply.
General
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.
H@W will indemnify the Customer and keep the Customer indemnified against all damages, losses and expenses suffered or incurred by the Customer and against any claims and demands brought against the Customer by a third party that arise a direct result of any negligent or unlawful act or commission on the part of H@W's employees, contractors and subcontractors.
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 current advice of the government regarding safely administering these services.
Health at Work will base any changes/cancellations relating to Covid-19 on our current Services Cancellation Policy.
