Terms & Conditions for Fee Based Support & Help Desk
Better HR is a registered trading name of Workforce Guardian ABN 80 122 113 624.
Better HR 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 Better HR 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 Better HR 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, Better HR‘s subject matter experts will assist you in interpreting the information contained on the Better HR database with reference to the circumstances that you have provided. You acknowledge that the information you receive from Better HR will depend upon the information provided by you to Better HR.
In the course of providing the Services to you, Better HR may determine that your query requires legal advice. Better HR 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 Better HR response relative to your specific requirements and the information contained in the Better HR 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 Better HR recommends that you seek legal advice. Better HR 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. Better HR 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.
Better HR‘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 Better HR service. The user is responsible for the security of all access codes and passwords.
Online information concerning the products and services is available via within the Better HR website and software service. Further, general, support regarding the functions and use of the service is available through our friendly team (Contact Us).
Better HR 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).
Reasonable Usage Policy
In purchasing any Better HR product or service, you agree to comply with our Reasonable Usage Policy.
Our Reasonable Usage Policy aims to:
- ensure that all customers have fair access and availability to our products and services, and
- protect Better HR from any misuse or abuse deemed unreasonable or excessive by BetterHR.
Better HR reserves the right to charge you for any misuse or abuse deemed by Better HR to be unreasonable or excessive. This includes, but is not limited to:
- unreasonable or excessive mass downloads of Better HR intellectual property
- sharing Better HR intellectual property with parties who have not purchased the rights to their use
- use of Better HR intellectual property without a valid subscription.
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, Better HR shall also provide you with an estimate of the total time Better HR 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 Better HR 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, Better HR 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 Better HR t you upon request.
Quotes provided to you by Better HR 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.
Better HR 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.
Better HR 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 Better HR materials.
To the full extent permitted by law, Better HR 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 Better HR in the course of providing the Services to you.
Where legislation implies any condition or warranty, and that legislation prohibits Better HR from excluding or modifying the application of, or Better HR‘s liability under, any such condition or warranty, that condition or warranty will be deemed included but Better HR‘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 Better HR 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, Better HR 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 Better HR accept any responsibility whatsoever for any such loss arising out of your use of or reliance upon information provided by Better HR in the course of providing the Services to you.