To subscribe on-line accept the Terms and Conditions below and enter your customer and credit card details. You will be sent an email confirming your subscription.
Subscription by phone
Significant discounts are available to some members of Chambers who have entered into an agreement to distribute HR Advance to its membership. Please contact your business Chamber for any applicable discounts.
Terms and Conditions
HR ADVANCE CUSTOMER AGREEMENT
INTENDED LEGAL EFFECT This HR Advance Customer Agreement (the “CA”) and the HR Advance Order Form (the “Form”) (together called this “Agreement”) disclose the basis of the cost of the products or services which Australian Business Pty Ltd (“AB”) or its Joint Venture partner, contractor, agent, reseller or distributor (collectively called “our”, “us” or “we”) will provide to the person or business who has signed or submitted the Form (“you” or “your”) and contains the terms and conditions under which those services are provided. This Agreement constitutes the entire agreement between us and you, in connection with our work under this Agreement, and supersedes all prior agreements, proposals, oral and written representations and negotiations. If there is any inconsistency between the CA and the Form then the terms of the Form overrule the terms of the CA. This Agreement starts when you accept the terms of this Agreement by signing the Form and, unless terminated earlier in accordance with the termination provisions, this Agreement will be in effect until we deliver the HR Advance (“HRA”) services to you and we have received payment in full.
OUR OBLIGATIONS We will use all reasonable commercial efforts to provide the HRA products or services in a timely fashion and with due care, competence and diligence, however you agree that the quality of the products or services we provide will depend on:
your understanding and interpretation of your requirements; and
the information that you provide to us in your responses to the questions that we ask you.
You agree that we are entitled to rely on the accuracy and suitability of the information you provide without independently verifying it.
YOUR OBLIGATIONS You must provide us with accurate information in response to any of the questions that we ask in connection with the HRA products or services that you purchase from us. You agree that any decisions that you make in connection with the use of the HRA products or services that are not in accordance with our recommended uses for the HRA products or services are not within the scope of our duty of care, and in making such decisions you acknowledge and agree that you are taking into account a range of factors beyond the scope of our work and our control. Accordingly, you agree that we are neither responsible nor liable for any such decisions made by you.
DELAYS We will not be liable to you for any failure or delay in delivering the HRA products or services to you if that failure or delay arises from anything beyond our control, including any delay by you in performing your obligations.
HRA PRODUCTS OR SERVICES The HRA products or services are intended for use in general situations that do not have unusual circumstances. The HRA products or services are not a substitute for legal advice concerning your specific circumstances. The HRA products or services are based on your answers to a limited number of contextual questions and cannot be, and are not, suitable for all circumstances. If you have specific needs or unusual or difficult circumstances then you must obtain legal advice. If you are unsure whether your circumstances are unusual or difficult then you must obtain legal advice.
FEES AND PAYMENT Our fees for the HRA products or services are set out on the Form. You agree to pay our fees in full. Payment must be made by cash, credit card, electronic funds transfer or cheque. If payment is made by cash, then payment in full must be received by us at the time you complete and return to us the Form. If payment is made by credit card, then you must complete the relevant credit card payment details on the Form and, by signing the Form, you hereby authorize us to immediately process the payment in full. If payment is made by electronic funds transfer or cheque, we will issue you with an invoice. Invoices will be rendered monthly and are payable within 30 days of the invoice date. You will remain responsible and liable for payment until our invoice is paid in full.
We reserve the right to cease providing the HRA products or services to you until all outstanding invoices or accounts are paid in full. We also reserve the right to terminate this Agreement when our invoices or accounts remain outstanding for more than 30 days from the date of the invoice or account. Should we terminate this Agreement due to our invoice or accounts remaining outstanding for more than 30 days from the invoice date, you agree that you continue to be responsible and liable to pay our fees in full and will remain liable and responsible for payment until our invoice or account is paid in full.
GST AND FEES The fees for the HRA products or services set out on the Form are exclusive of Goods and Services Tax (“GST”). If GST is payable on the services we provide to you, this will be added to the GST exclusive price at the rate applicable under the GST Legislation. GST and GST Legislation have the meanings used in the A New Tax System (Goods and Services Tax) Act 1999 and GST Legislation includes any applicable rulings issued by the Commissioner of Taxation.
INFORMATION SHARING Except as permitted by this clause, we will take all reasonable steps to maintain the confidentiality of any and all material and/or information you provide to us. We work closely with, and have reached agreement with, other parties to enable the HRA products or services to be provided to you. By entering into this Agreement you consent to us disclosing, to these other parties, your confidential information, including details you and others provide to us of yourself and your business, for the purpose of enabling us to provide you with the HRA products or services and any additional products or services you may request from us.
PRIVACY Any of your personal information, including personal financial information, that you disclose to us or that we collect from you, for the purposes of or in connection with this Agreement, or otherwise acting pursuant to this Agreement, is treated as confidential and will only be collected, used or disclosed by us:
in order to deliver the HRA products or services to you;
in accordance with the terms of this Agreement;
to assist us to market our HRA products or services to you, including by email; and
otherwise in compliance with the requirements of the relevant privacy laws.
If you do not wish to receive email messages from us in relation to our HRA products or services please tick the privacy op-out box below when you sign and return this Agreement to us. I/We do not wish to receive email messages about your products or services.
INTELLECTUAL PROPERTY In this Agreement, “Intellectual Property” means all forms of intellectual property throughout the world including copyright, registered patent, design, trade mark and confidential information, including know-how and trade secrets.
We and others own, retain and reserve all Intellectual Property rights, including copyright, in the HRA products or services and all associated materials, including without limitation, any reports, documents, templates, forms, agreements or advices produced in connection with HRA, before or during this Agreement, and any material, methodologies, software, know-how or procedures notified or provided to you. Except as expressly provided for in this Agreement, nothing set out in this Agreement shall be construed as conferring to you any license or right, by implication or otherwise, under copyright or other Intellectual Property laws.
You have the right to use any reports, templates, forms, documents, agreements or similar material provided by us to you under this Agreement within your own business. If you want to use these reports, templates, forms, documents, agreements or materials outside your business then you must first get our written permission.
NO WARRANTY To the full extent permitted by law we and our Joint Venture partner, disclaim 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 contained in reports, templates, forms, documents, agreements or materials provided to you in connection with the HRA products or services or this Agreement.
INDEMNITY You agree to indemnify, keep indemnified, defend and hold harmless us and our Joint Venture partner, related companies, officers, employees, agents and contractors (referred to below as “Those Indemnified”) from and against any and all liabilities, claims, costs, damages, expenses and loss (including reasonable legal costs and expenses) incurred by any of Those Indemnified, arising from any claim, demand, suit, action or proceedings by any third party or you, against any of Those Indemnified which is related to, arises out of, or is in any way associated with the HRA products or services, this Agreement any breach of this Agreement by you or our use of the material and/or information supplied by you as part of this Agreement. However, this indemnity does not apply to any liabilities, claims, costs, damages, expenses or loss in respect of any matters which are finally determined to have resulted from our wrongful or willful acts or omissions.
LIABILITY To the full extent permitted by law, we, our Joint Venture partner, related companies, officers, employees, agents and contractors shall not be liable to you in contract or in tort or otherwise for or in respect of any direct, indirect or consequential loss, damage, expense or liability suffered by you which relates to, arises out of, or is in any way associated with this Agreement, the HRA products or services or you acting, or failing to act, on any reports, templates, forms, documents, agreements, advices or information provided to you when receiving the HRA products or services, or any other act or omission in respect of this Agreement, whether negligent or not, including without limitation loss of profits or income. This clause has no application to any liability which cannot lawfully be excluded. You agree that for all loss, damage, expense or liability including, without limitation, loss of profits or income, sustained by you in relation to this Agreement whether arising from breach of contract or tort or otherwise, which loss, damage, expense or liability cannot lawfully be excluded, then we are only liable to you to a maximum amount, being the total amount of our fees rendered and paid by you for providing the HRA products or services.
TERMINATION We may terminate this Agreement by seven days notice in writing to you if you do not pay our fees or if you do not meet your obligations under this Agreement. You may terminate this Agreement at any time. If this Agreement is terminated under this clause, for any reason, the following will apply:
if payment has been received in full, we will be under no obligation to refund any part, or all, of the fees paid; and
if payment has not been received in full, you will remain liable and responsible for payment until our invoice or account is paid in full.
DISPUTE RESOLUTION If there is a dispute relating to the HRA products or services provided to you or this Agreement, the parties must submit to mediation before having recourse to any other dispute resolution process. Written notice of the dispute shall be given by the initiating party to the other party. The dispute shall then be submitted for mediation before a mediator chosen by the parties or, where the parties cannot agree, by the Australian Commercial Disputes Centre (ACDC). The parties will use their best endeavors to settle the dispute promptly. The mediation will be conducted in accordance with the ACDC Mediation Guidelines to the extent that they do not conflict with the provisions of this clause. If the dispute is not resolved within 60 days after notice of the dispute, the mediation will terminate unless the parties otherwise agree.
MISCELLANEOUS 16.1 If you have been referred to us by our contractor, agent, reseller, or distributor, we will pay a commission to the contractor, agent, reseller, or distributor for any products or services you purchase from us. 16.2 This Agreement is governed by the laws applicable in the State of New South Wales and both parties agree to irrevocably submit to the exclusive jurisdiction of the Courts of this State. 16.3 We will provide the HRA products or services as an independent contractor. Nothing shall be construed to create a partnership, joint venture or other relationship. No party has the right, power or authority to oblige or bind the other in any manner. 16.4 Variations to this Agreement may only be made with the written consent of both parties and no variation or amendment to this Agreement shall be valid unless in writing and signed by or on behalf of each party. 16.5 You cannot assign or otherwise transfer the benefit of this Agreement without the prior written consent of us. We can assign or otherwise transfer the benefit of this Agreement without your consent. 16.6 This Agreement may be executed in any number of counterparts. All counterparts taken together shall be taken to constitute one Agreement. 16.7 The waiver by any party of a breach of any provision of this Agreement shall not be construed as a waiver of any succeeding breach of the provision nor as a waiver of the provision itself. 16.8 The failure of a party, at any time, to require performance by the other party of any provision shall not affect the party's right to require such performance at any time in the future. 16.9 If any provision of this Agreement is found to be illegal, wholly or partly invalid or otherwise unenforceable then, from the date of the invalidity, illegality or unenforceability if the offending provision can be read down to make it legal, valid and enforceable without materially changing its effect, it must be read down to the extent necessary to achieve that result and otherwise the offending provision must be severed from this Agreement and the remaining provisions shall operate as if the severed provision had not been included.
