TERMS AND CONDITIONS
Welcome to HealthStaffEd Pty Ltd.
1. Your contract with us
All contracts with us are subject to the Terms and Conditions of Service here.
Your consent and agreement to these Terms and Conditions of Service, as published here and updated from time to time, is effective from the first payment you make to HealthStaffEd Pty Ltd, or in the case of a signed Contract, the date of your signed Contract with us, whichever comes first.
These Terms and Conditions of Service apply in addition to any individual Contract you may have with HealthStaffEd Pty Ltd. In the event of any conflict, the provisions of the individual Contract will prevail to the extent of the conflict, unless expressly stated.
2. Your rights
HealthStaffEd Pty Ltd will comply with all Australian laws and regulations relating to consumer rights.
3. Commencement of subscription, automatic renewal & termination
Unless otherwise specified in a contract for services:
a) Your Contract will commence on the day specified in your Contract.
b) Your Contract Term is specified in your contract.
c) Your Contract will automatically renew at the end of your Contract Term for the same contract term in your original contract unless you provide us 30 days written notice that you want to terminate the Contract. Please send all notifications to client.relations@healthstaffed.com.au
d) Your Contract will continue to renew on your anniversary date (the date your signed contract commenced) until we receive written notice that you wish to terminate.
e) You are liable for payment of any balance remaining in the contract term and up to the termination date (your next anniversary date).
4. Invoices, payment & refunds
a) If you have opted to be invoiced monthly, you will receive invoices for the month in advance. Payment is due within 14 days of the date of the invoice.
b) If your organisation has opted to be invoiced annually, you will receive an invoice for the year ahead approximately four weeks in advance. Payment is due within 14 days of the date of the invoice.
c) Emailed invoices are issued to the nominated billing contact monthly or annually, whichever is applicable.
d) The contract renewal date is the anniversary date.
e) No refunds are available once a contract renewal is activated (the anniversary date).
5. Additional subscriptions
a) You may add additional subscriptions anytime by contacting client.relations@healthstaffed.com.au
b) Each subscription is is for the remainder of the agreed contract term.
c) The cost for additional subscriptions shall be added to your next monthly invoice; or
d) In the case of annual invoicing, you will receive an invoice for the subscription pro rata to your anniversary date.
6. Availability of services
Uptime commitment
We strive to provide a reliable, stable service. We have a track record of providing at least 99.9% availability for our platform, ensuring that you can access services with minimal interruptions. For this reason we are pleased to provide a guarantee of 99.9% uptime for our services during any calendar month. This is based on the total minutes in a month less any planned maintenance.
Where we have planned maintenance, we have systems in place to avoid taking our services offline, although there may be an occasion we need to go offline for a brief amount of time. If this is the case, we will notify you in advance.
Downtime
While we aim to minimize disruptions, occasional unplanned downtime may occur due to unforeseen technical issues or external factors. We will work diligently to restore service as soon as possible in such cases.
There are times where our platform may be down for reasons beyond our control. This includes network issues outside of HealthStaffEd’s control, for example, where your network or our third-party provider network is down.
Our team will work diligently to restore services as soon as possible.
Credit for downtime
If service uptime falls below 99.9% in a calendar month, you may be eligible for a service credit. Please contact us as soon as possible to discuss a credit on your next invoice (whether monthly or annual).
Credits will be calculated based on the downtime experienced and prorated based on your subscription fee.
Exceptions to credit include:
a) Scheduled maintenance, provided that you were informed in advance.
b) Downtime caused by third-party software, hardware, or services not under the control of HealthStaffEd.
c) Network issues outside of HealthStaffEd’s control (for example internet service provider issues).
d) Force Majeure events such as natural disasters or any event outside of reasonable control.
7. Unpaid or overdue invoices
If an organisation’s payment of subscription fees falls in arrears, including services that have cancelled but still have subscription fees owing, the following action will be taken:
a) Statements will be emailed to your nominated person and the CEO.
b) When an account becomes two weeks in arrears, a note will be issued requesting payment of the monies due.
c) If payment is not received within thirty (30) days of the invoice due date, services maybe suspended.
d) We reserve our right to suspend all services at any time following an account falling into arrears.
e) Debt recovery procedures will be commenced if an account falls into arrears by more than 30 days.
8. Privacy of personal information
We have a comprehensive Privacy Policy that explains how we manage your personal information. One of the things we are clear about – we do not sell, otherwise trade, or give any third party your personal information without your consent or unless in compliance with our privacy policy. You can view our Privacy Policy here.
9. Disclaimer
It is an essential pre-condition to you using our website and accessing our learning activities that you agree and accept that HealthStaffEd Pty Ltd is not legally responsible for any loss or damage you might suffer related to your use of the website or reliance on the information provided, whether from errors or from omissions in our documents or information and services. The information provided is of a general nature and does not in any way constitute specific health, medical, legal or other advice.
By agreeing to these Terms and Conditions of Service you are expressly agreeing to the limitations of our liabilities. Our Full Disclaimer Statement can be found here
10. Intellectual property & data ownership
a) HealthStaffEd provides access to learning modules and a learning management system (LMS). All HealthStaffEd content, through to the designs of the online platform and all learning activity content, is protected by copyright and all rights are reserved. Only the individual clients and their nominated persons, within subscribing organisations, are legally entitled to access or make use of this content. Any further modification, publication, unauthorised distribution or use of this content is prohibited unless HealthStaffEd approves a written request.
b) On cancellation of your subscription to HealthStaffEd, you must take all reasonable measures to ensure that all usage is ceased, and no access or use is permitted.
c) Your organisation always owns the personal information of nominated persons provided.
d) If your organisation creates or uploads eLearning modules or documents, or other resources, your organisation retains full intellectual proprietary rights over this content and the uploading of the material does not in any way transfer ownership to HealthStaffEd. It is the responsibility of the subscribing organisation to remove any such material upon termination of the subscription.
11. Copyright notice
We at HealthStaffEd Pty Ltd have put a lot or work and resources into the development of our services and products and we assert all of our legal rights, including moral rights, over all of our material.
We happily provide access to our products, services and materials under contract or via free trials or demonstrations. Regardless of how you access HealthStaffEd Pty Ltd, you cannot reproduce the documents, information or materials for the purposes of sale or for the use by yourself or any third party.
HealthStaffEd Pty Ltd expressly reserves all copyright and trademark in all information, codes, systems and materials and we reserve all of legal rights in respect to this.
If you would like to reproduce any of our products or materials, please just ask us by emailing client.relations@healthstaffed.com.au.
12. Browsers
Whilst HealthStaffEd Pty Ltd makes every effort to support all browsers, some older browsers may not be able to access or utilise all the functioning of the website or the modules provided. HealthStaffEd does not take responsibility for any inability to access the website or content due to the use of older browsers. Our support desk will advise and provide links to updated browsers for download onto your operating systems when and if requested.
13. Links to other websites
Please note that HealthStaffEd Pty Ltd may from time to time provide links to other websites and information on those websites. This does not imply sponsorship, endorsement, or approval or arrangement between HealthStaffEd Pty Ltd and the owners of those websites. HealthStaffEd Pty Ltd takes no responsibility for any of the content found on the linked websites.
Please be aware that we are not responsible for the privacy practices of other websites. We encourage you to read the privacy statements of each and every website that collects personally identifiable information.
14. Logos & publicity
By being a customer of ours you agree that HealthStaffEd Pty Ltd may make media releases, public announcements and public disclosures that relate to the services we provide to you and the content we provide to you. This may include your Organisation’s name, service mark, trademark or logo. We may include this on our website or in any marketing and promotional materials. You may ask us to remove this at any time and we will promptly act on your request.
15. Exclusion
If you are in the business of creating similar documents, goods or services for the purpose of providing them to users, whether for a fee or not, you need to tell us before you access any of our services and materials including access via a free demonstration or trial or via any paid service. Just let us know via client.relations@healthstaffed.com.au and we can have a discussion about it.
16. Amendment of terms
We reserve the right to change, modify, add, or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our services then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and HealthStaffEd’s rights and obligations to each other.
