Terms & Conditions

Health Industry Employment Services whose address for service is listed on the Contact Us page of our website is the service provider. (Referred to in this agreement as HIES, we or us.)

·         Work, support and products described in various Membership Levels described on the HIES website and promotional material (refer to Membership Services below)

·         Reviewing and drafting documents eg. contracts, policies and procedures, workplace handbooks, Employee Lifecyle Templates, forms

·         customised training and webinars

·         on request advice, support and services

·         Pulse Check In & Check Up

Refer below to Exclusions – General and Exclusions – Outsourced Matters for work that falls outside the scope of general services.

·         A minimum 18 month term for any membership type upon joining HIES for the first time and/or when you upgrade Membership Services

Otherwise

·         Ongoing, with no locked in duration, until otherwise cancelled in accordance with the terms of this Agreement.

We will send you an email reminder of this automatic recurring renewal arrangement prior to the completion of the 18 month term (if applicable).

Some examples of the HIES Membership Levels are Core, Compliance, HR Outsourcing etc.

HIES provides its support and services on an as instructed basis. Unless otherwise stated, it is your responsibility to send a written request to HIES, requesting the performance of certain services included in your Membership Level.

We will normally start providing Membership Services to you straight away or on a date agreed between us without further discussion with you.

Our aim is to always provide you with Membership Services and services and support generally:

·                     using reasonable care and skill

·                     in compliance with commonly accepted practises and standards in the area of human resource and workplace relations; and

·                     in compliance with relevant employment laws, regulations and industrial instruments in force at the time we are performing the Membership Services.

If you ask us to complete additional or other work beyond the scope of your selected Membership Level and Services, you can upgrade your Membership Level and Services accordingly, or we will advise you that such work falls outside the scope of your Membership Services and that performance of such work will be additional charges.

If you choose to upgrade your membership, a new Commencement Date will come into effect. No pro-rata upgrades apply.

The Member agrees to pay HIES the Fees on the basis selected at the time of completing the membership registration form and the relevant Duration.

Where the Member selects to pay Fees annually, they agree to pay the entire annual amount upfront at the time of submitting the membership registration form.

HIES reserves the right to increase Fees at its discretion. Where this occurs Members will be advised and the new Fee structure will apply from the relevant effective date unless an alternate arrangement is agreed to in writing between HIES and the Member.

Unless another amount is agreed to by HIES in writing, we will charge Members the following Consulting Fees per hour of work performed:

·              $440 (excluding GST) for Non-Members

·              $225 (excluding GST) for HIES Members

HIES reserves the right to increase Consulting Fees at its discretion. Where this occurs Members will be advised, and the new fee structure will apply from the relevant effective date unless an alternate arrangement is agreed to in writing between HIES and the Member.

Unless otherwise agreed, you request and consent to receiving bills from us by email sent to your usual email address and must pay our tax invoices within 7 days of receipt.

A credit card surcharge has been included in the membership fees and will cover the administrative cost imposed on Health Industry Employment Services and the surcharge by its financial institution.

If you prefer to pay by direct deposit, please contact Health Industry Employment Services directly [email protected]

Payment of invoices must be made within 7 days from the date the invoice has been raised.

If your tax invoice becomes overdue (and you have not agreed a payment plan with us) we may do any of the following:

·         stop providing services to you

·         terminate this Agreement

·         charge interest on any amount outstanding for 30 days at the Cash Target Rate, as at the date our bill was given to you, increased by 2 percentage points. The Cash Target Rate means the percentage (or maximum percentage) stated by the Reserve Bank of Australia as the Cash Target Rate and is a benchmark rate of interest

·         take action to recover the amount owing plus interest

·         take legal action to recover the debt owed and an early termination fee of 30% of the remaining contract balance; and

·         except as required by law, retain your documents and any money that we hold until your account has been paid in full.

If you fail to make a payment and the total amount remains unpaid for 90 days, we may pursue recovery of the debt.

The above rights survive termination of this Agreement.

Pulse Check In & Check Ups may be conducted electronically, over the phone or in person depending on your location, and at the discretion of HIES.

The award or agreement used for the review will be that advised by you, and we take no responsibility for the accuracy of the coverage of the employee under the award or agreement provided.

The following services fall outside of the scope of Membership Services and can be provided to you at an additional cost or referred to a third party:

·         Instrument drafting, including bargaining and drafting Certified Agreements

·         Reviewing, advice and drafting commercial agreements and matters (eg. service agreements with doctors, lease agreements)

·         Recruitment

·         Work completed outside of the nominated consulting hours as described in respective Membership Level and Membership Services

·         Work to be undertaken that falls outside the scope of the Membership Level and Membership Services you selected.

·         Representation at arbitration, conciliation or hearings

·         legal representation & advice

·         taxation and other matters outside of our scope of knowledge & expertise

·         HIES travel.

Other matters as set out by HIES from time to time.

·         Legal Advice

·         Financial Advice

·         Accounting Advice

·         Bookkeeping Advice

·         Privacy & Cyber Security

·         Information Technology recommendations

As a client of HIES, you may qualify for a discount with the third party partner providers.  Please ask for details.

Where you change the documents without requesting advice from us, you acknowledge and agree that the document may no longer meet legal requirements or provide sufficient protection to you and/or the business.

We do not accept any responsibility for updates or changes to documentation made by you, your employees or a third party, after the date when the documentation is first made available to you.

To the extent permissible by law, HIES accepts no liability and is not liable for any loss or damaged caused as a result of changes made by anyone other a member of the HIES team, or unless such changes have been reviewed and approved by HIES.

The following approval process will apply to air travel and accommodation required to be performed by a HIES team member:

(a)     you must request a member of the HIES team to undertake air travel

(b)     HIES will advise you of the flight options it considers reasonable in terms of timing and cost

(c)     if accommodation is required, HIES will advise you of the accommodation options it considers reasonable in terms of location, cost and availability of business facilities (eg. WIFI, printing services)

(d)     you must respond to HIES as soon as practicable, to advise of your preferred flight in terms of timing and cost

(e)     if accommodation is required, you must select from the options presented to you by HIES as soon as practicable

(f)      air travel and accommodation will not be booked until it has been agreed in writing by you and HIES.

HIES will not be responsible for any increase in fares by the airline, or room rates by an accommodation provider.  It is your responsibility to respond as soon as practicable so to avoid a third party increase in airfares or accommodation.

A $60 per day meal and minor transport allowance fee applies for each full day the HIES team member is required to be away from Brisbane.

You confirm that all the information you have provided is true and accurate in every respect and that no material fact has been misstated or not given.

HIES has the right to use member and client case study examples for education purposes, such as sharing examples at events or to further educate members/clients. HIES will ensure any client stories or case study examples are de-identified to maintain client/member privacy.

You consent to receive all communication relating to your selected Membership Services in electronic format, and by giving this consent, we are no longer required to send you notices or other documents in paper form unless you specifically request it.

You agree to provide us with any necessary and requested materials to enable us to perform the Membership Services along with other services and work you engage us to perform.

You confirm that all the information you have provided is true and accurate in every respect and that no material fact has been misstated or not given.

Where your selected Membership Level is HR Outsourcing, you agree to keep us informed and promptly updated about all employment and workplace matters relating to your current employees, and any other matters relating to former employees that may result in potential claims or actual claims against the business.

We may collect, collate and retain copies of your documents for our own records.

In respect of this information, you consent to us using it to provide you with support on your behalf; to instruct third parties relevant to your circumstance (such as accountants, lawyers, bookkeepers etc); to send you material which we consider may be of interest to you; to otherwise market and promote our services to you; and to protect our lawful interests.

You may request access to any of your personal information that we hold.  For further information, contact George Sotiris directly on 0408 078 091 or at [email protected].

Different Membership Levels require HIES to carry out certain tasks, such as training, workplace foundation and employment reviews or contract reviews. HIES provides its support and services on an as instructed basis. Unless otherwise stated, it is your responsibility to send a written request to HIES, requesting the performance of certain services included in your Membership Level.

If timeframes and deadlines are not recorded, please ensure they are communicated to us at the earliest opportunity.

·         the nature of the dispute;

·         the desired outcome; and

·         the action required to settle the dispute.

On receipt of the Notice by the other party, the parties to this Agreement must within 7 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.

If for any reason whatsoever, 21 days after the date of the Notice, the Dispute has not been resolved the Parties must either agree upon selection of a mediator or where agreement cannot be reach, an appropriate mediator be appointed by HIES, and the parties agree to attend a mediation. The mediation will be held electronically, or in person in Brisbane, Queensland, Australia unless an alternate location is mutually agreed between the parties.

The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing, undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation.

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the fullest extent possible, must be treated as “without prejudice” negotiations.

The parties will promptly action all agreed recommendations and terms of settlement agreed to during the mediation (Terms of Settlement). Where a party fails to satisfy the Terms of Settlement, the other party may institute legal proceedings concerning the subject matter of the Dispute.

In the event that the Dispute is not resolved at the conclusion of the mediation, either party may institute legal proceedings concerning the subject matter of the Dispute thereafter.

You are still required to pay the applicable Fees, expenses and GST up to the time you tell us to stop and during the notice period.

Cancellations must in writing and sent to [email protected] or our address for services.

If you elect to terminate this agreement and your selected Membership Services at any time during the 18 month duration:

·         you will not be entitled to any refund of fees already paid to us; and

·         you will be liable to pay the excess amount between the cost of any documentation you have accessed and/or has been provided to you by us and the fees you have already paid to us; and

·         you may be liable to pay an early termination fee of 30% of the remaining contract balance.

HIES also has the right to stop providing services to you and end the engagement if you do not do any of the following:

·         pay our tax invoices within the agreed period for payment

·         comply with these terms

·         provide us with adequate instructions within a reasonable time

·         accept advice we give you

·         comply with a reasonable request we make, including paying money on account of anticipated costs and expenses

·         or if we consider there is another just cause.

We will provide you 4 weeks’ notice in writing of any decision to discontinue and end our engagement.

HIES reserves the right to change our standard terms from time to time. If we do change our standard terms, the terms will be no less favourable to these terms and we will notify you by email within a reasonable timeframe before any changes take effect. You can notify us before the changes take effect if you would prefer to remain on your existing terms.

In the event of any dispute arising out of or in relation to the Services, the parties agree that the exclusive venue for resolving any dispute shall be in the courts of Australia, situated in Queensland, Australia.

If for whatever reason there is inconsistency between this Agreement and any other agreement, this Agreement shall prevail.