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Standard and Further Terms

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Standard Terms

  1. General

    1. Your contract with us comprises these standard terms and the terms contained in your contract for services.

    2. You agree to pay the total fee over the term stated in the payment schedule of the contract for services.

    3. You agree that you will not reproduce or use for any other purpose any of the documentation that we send you, as copyright over this material is reserved by us. We do not accept any responsibility for updates or changes to documentation made by you or your employees after the date when the documentation is first made available to you.

    4. You agree to keeping us informed of any changes to your company details, contact email addresses and telephone numbers for your primary contact named on this contract, as this email address will be used by us for all important messages relating to your contract, including the auto-renewal notice reminder referred to in (g) below.

    5. You authorise Acumen Advisors & Co. to use your information to communicate with you for advice and/or information purposes. You also consent to receive all communication relating to your contracted 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.

    6. This contract is governed by the laws of New South Wales.

  2. Automatic renewal

    1. At the end of the initial contract period and any future contract period, the contract will automatically renew for the same period (renewed contract). We will send you an email reminder of this auto-renewal at least 90 days before the end of any contract period.

    2. If you do not want your contract to automatically renew, we require you to give us notice of any decision not to automatically renew your contract at least one month before the end of your contract period. You can contact us at any time and we will record your notice.

    3. We also have the right to end your contract at the end of any contract period, but we must provide you with notice in writing of any decision not to automatically renew your contract at least one month before the end of any contract period.

  3. Increases in total fees for renewed contracts

    1. For any renewed contract, the total fee may be increase as follows:

      1. If the renewed contract period is 1 year or less, the total fee may be increased by not more than 2%; or

      2. If the renewed contract period is up to 3 years, the total fee may be increased by not more than 6%; or

      3. If the renewed contract period is greater than 3 years, the total fee may be increased by not more than 10%.

  4. Failure to make payments

    1. If you fail to make the payments that you have agreed to in this contract and the total amount remains unpaid for more than 60 days, a default may be registered with our credit agency and we may suspend access to our services until payment is received.

    2. If you fail to make payment and the total amount remains unpaid for more than 90 days, we may take legal action to recover the overdue amount and an early termination fee of 30% of the remaining contract balance.

 

  1. Termination before end of contract period

    1. During the initial contract period, you can terminate your contract after the first full year has passed by paying an early termination fee of 30% of the remaining contract balance. If you wish to terminate your contract before the first full year has passed, you will also be required to pay the remainder of the first year’s fees.

    2. During any renewed contract, you can terminate your contract at any time by paying an early termination fee of 30% of the remaining contract balance.

  2. Terms applicable to renewed contracts

    1. All our standard terms apply equally to a renewed contract as they do to your initial contract period with us, unless they specify otherwise.

  3. Changes to standard terms

    1. We may 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 at least 30 days before any change. You can notify us before the changes take effect if you would prefer to remain on your existing terms.

  4. Warranty and Liability

    1. 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. You also agree to start the service from the date of signing your contract for services and that payment is due as agreed in the payment schedule. Further the Fair Work Commission and Fair Work Ombudsman are the organisations empowered to make decisions and orders in relation to Awards and Award interpretation. It follows, that we provide advice and recommendations only in relation to Awards and are not liable for any loss or damage suffered by you as a result of the advice and recommendations.

  5. Acumen Advisors & Co. Face2Face

    1. Your contract for services may include Acumen Advisors & Co. Face2Face Services. Standard Acumen Advisors & Co. Face2Face visits must be used in the contract year that they relate to and cannot be carried forward to future years. Credits for additional visits and sites are valid for the term of your initial contract. At renewal, the same credits will be available for use during the term of any renewed contract. Unused credits expire at the end of each contract term.

  6. Privacy statement

    1. You agree to adhering to Privacy Law and any privacy protocols as agreed between us. Privacy law means:

      1. The Privacy Act 1998 (Cth);

      2. and the Australian Privacy Principles contained in Schedule 3 to the Privacy Act 1998 (Cth) or any approved privacy code (as defined in the Privacy Act (Cth)); and

      3. Any other statute, regulation or law in Australia or elsewhere which relates to the protection of personal information and which we both must observe.

Further Terms

  1. General

    1. If you have selected any additional services, these further terms form part of your contract with Acumen Advisors & Co.

    2. The relevant further terms are determined by the services agreed, with the services to be provided identified by the checked boxes on the Additional Services page of your contract for services.

    3. You agree that you will not reproduce or use for any other purpose any of the documentation that we send you, as copyright over this material is reserved by us.

    4. This contract is governed by the laws of New South Wales.

  2. Acumen Advisors & Co. Face2Face

    1. Acumen Advisors & Co. Face2Face is for additional on-site support including but not limited to support with training, employee meetings, grievance investigations and additional compliance reviews.

    2. Where credits for additional visits or additional sites are included above, they must be used in the initial contract term. Unused credits cannot be carried forward to a renewed contract term, however the same credits included above will be available for use during any renewed term.

  3. SafeCheck Review

    1. The SafeCheck Review will consist of a desktop audit of your existing health & safety system and a site inspection of one location.

    2. The SafeCheck Review will be conducted by an Acumen Advisors & Co. Business Health Check Consultant.

    3. Based on the information you provide; a report will be provided to you identifying the potential major system failures and hazards identified as part of the SafeCheck Review. It should not be considered as a complete list of all hazards or health & safety issues that may be present at the location. Accordingly, Acumen Advisors & Co. will not accept, and you release and indemnify Acumen Advisors & Co. from, any liability for any accident, injury or damages of any kind resulting from the use of, or reliance upon, any information contained in the report.

  4. Contract Check

    1. The Contract Check will consist of a review of an existing employment contract.

    2. The Contract Check will be conducted by an Acumen Advisors & Co. Business Health Check Consultant.

    3. Based on the information you provide, a report will be provided to you highlighting key deficiencies in the contract as guidance only. It should not be considered as a complete list of all issues that may be present in the reviewed contract. Accordingly, Acumen Advisors & Co. will not accept, and you release and indemnify Acumen Advisors & Co. from, any liability for losses of any kind resulting from the use of, or reliance upon, any information contained in the report.

  5. Contractor Review

    1. The Contractor review will be conducted by an Acumen Advisors & Co. Business Health Check Consultant via teleconference.

    2. Based on the information you provide, we will provide you with a report identifying any sham contracting risks, as defined under the Fair Work Act 2009 (Cth), that were identified as part of the review. The report should not be taken as a definitive determination of contractor status, but an assessment of the risk of such a determination. We will also provide you with a contractor agreement for use with your contractors.

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