Corporate Hub Client: Service Agreement

(the ‘Agreement’)

Membership terms and conditions.

Effective date: 23 August 2021. 

1. You, the purchasing customer, representing your nominated Employer are hereby referred to in this Service Agreement as: ‘you’, ‘your’, ‘member’, ‘Corporate Member’, ‘Client’ and/or ‘Employer’.
2. Employii Pty Ltd is referred to as ‘Employii’ or ‘Employii’.
3. By purchasing a membership option from Employii, you have understood and agreed these terms and conditions.
4. All memberships are 12 months long, unless specified otherwise and mutually agreed by both parties in writing. Please note, an alternative Corporate Hub Client: Service Agreement will be provided in this circumstance.
5. Subscription Fees
   1. You have agreed to pay your subscription fees for the duration of the 12 month contract.
   2. Access members will pay the full amount up front to gain access to the Corporate Hub portal.
   3. Bronze, Silver, Gold and Platinum will pay a monthly subscription fee, each month, fur the duration of 12 months.
   4. You may elect to upgrade to a higher subscription with written confirmation to the Employii team. The Employii team will process your upgrade. Please do not purchase an additional membership online, as this may result in duplication of memberships and excess payments being made of which Employii is not liable for.
6. Automatic roll-over
   1. Your membership will automatically continue beyond 12 months unless you cancel (in writing to Employii) prior to the end of your initial 12 month membership. Please note that the cancellation is with respect to the following 12 months – not the existing contract.
7. All Corporate Members will have access to the Corporate Hub. By joining Employii, you understand that:
   1. The Corporate Hub is hosted on an external platform owned by Kajabi.
   2. Employii cannot be held responsible for the connectivity, maintenance, security, privacy and updates of Kajabi’s platform.
   3. The Corporate Hub is a distinct and separate online portal to the Employii Members’ Hub. Corporate Hub memberships do not automatically give you access to the Employii Members’ Hub.
   4. All information and content provided through the Corporate Hub is general in nature only. Companies will need to determine how to appropriately apply the information to their situation, and must determine whether tailored advice through Employrr ASSIST is required, or if they should obtain legal advice.
   5. Employii cannot guarantee any outcome from its advice, content or information provided. This is due to a number of factors, including but not limited to: how you have applied the advice, content and/or information; human behaviours and reactions; company policies; values and beliefs; legislation; unexpected events; and more.
   6. Any guidance provided relating to job applications and CVs is general only. Employii cannot guarantee that engaging Employii’s services will result in securing employment of any kind.
   7. Any information and content on the Corporate Hub is for members and clients of Employii and is not for distribution and may not be used in any commercial activity without the express written consent of Employii’s Founding Director.
8. Each Corporate Membership includes access to Employrr ASSIST – Employii’s direct human resources support and consultancy for employers. The amount of Employrr ASSIST hours is included in table 6.1 below.
   1. Where a member requires more time than allocated in a particular month, then either:
      1. They must upgrade to a higher membership level; or
      2. At Employii’s sole discretion, the member may be granted early access to the hours reserved from later months. Please note, that should these hours be used, they will not be able to be used again in the later months; or
      3. The Corporate Member may purchase additional service hours on an ad-hoc basis in consultation with Employii.
   2. Where a member has not used all of the allocated time in a particular month, this will automatically roll-over to the next month.
      1. This will continue for the duration of the 12 month contract.
      2. Any amounts of service accrued through this roll-over process will not accrue beyond the 12 month contract period. It will refresh in the first month of the new 12 month contract.
   3. Employii, through such services as but not limited to, Employrr ASSIST provides human resources and industrial relations consultancy services in accordance with their experience and scope of expertise.
9. All analyses, forecasts and recommendations are made in good faith and are based upon the information before our consultants at the time. The preparation of such items, depends largely on the effective cooperation and ability of the Client’s Staff and timeliness.
10. The Client will provide access to such personnel, information and documentation as may be reasonably be required to permit our team to provide the services in an effective manner.
11. Employii frequently uses Survey Monkey as a means to collect information and feedback from its clients. Employii is not liable for the connectivity, maintenance, security or privacy of Survey Monkey and its websites and programs.
12. Employii is not a legal practitioner or law firm. Therefore, no advice provided by Employii or any of its team constitutes or represents legal advice.
    1. Current, potential and/or past clients and members must consider whether they require legal advice for their specific circumstance, and must make this decision at their own discretion.
    2. If the Client wishes to obtain legal advice, they may do so external to any such arrangement or agreement to Employii, at the Client’s full expense.
       1. If the Client intends to, or does, seek external legal advice – they agree to advise Employii of this, in writing, in advance of seeking the legal advice.
       2. The Client understands that by seeking external legal advice, Employii may not be able to continue to provide services to the Client, dependent on the purpose and legal advice sought by the Client. Any impact on service provisions will be discussed with the Client at the time of the Client notifying Employii of their intent to seek legal advice.
13. Employers may require work done by specific time periods. By joining Employii it is not guaranteed that the work you require will be done by your determined project/other due dates. Rather:
1. You must discuss any specific deadlines and timeframes with Employii with as much notice as practicable; and
2. You and Employii will agree (in a separate agreement to this service agreement) any specific timeframes which apply to the work being done.
14. The terms and conditions detailed within this service agreement may be adjusted by Employii from time to time, as is considered reasonable. Members will be notified of any such changes.
    1. The price agreed upon at the commencement of this agreement will not change during the course of the 12 month contract.
15. Corporate Members have the option to purchase unlimited employee access for their team members. If purchasing this option, you understand and agree that:
    1. You will provide updated information to Employii about your staff – including their names, job titles and contact information. This information will be kept private and confidential as required.
       1. Employii cannot be held responsible for inaccurate staff records. This is the responsibility of you as the Corporate Member and Employer of these staff.
    2. You are responsible for communicating this benefit to your team members.
    3. There is an additional monthly fee on top of your standard Corporate Hub subscription, in order to extend our services to your team. This monthly fee is determined by the size of your team.
    4. If you lie or provide false or misleading information about the size of you team, then Employii reserves the right to cancel your employee access subscription, and in serious cases, may cancel your Corporate Hub membership.
       1. In addition, you will be liable to pay Employii for any difference in fees that would have been incurred in the relevant time period.
    5. Employii provides timely and accurate advice to all employees through this service; however cannot guarantee any set deadlines or turn around times, other than any specified and mutually agreed to by Employii external to this Agreement.
    6. By extending your staff access to Employii, your staff automatically agree to these terms and conditions. It is your responsibility to, as their Employer, communicate these terms and conditions and any changes to the terms and conditions, to your team.
    7. You may cancel access to your employees with one month’s written notice to Employii. 
       1. You, as the Employer, are responsible to communicate this cancellation of services to your team.
16. Employii may provide client and/or member benefits as per any ‘Member Benefits Policy’.
1. Employii has the right at any time to change or discontinue these benefits, in any way, either with or without notice to its current, past and/or future clients and/or members.
2. Fees paid by Employii clients and customers are in exchange for human resources and industrial relations consultancy only.
3. Any other benefits are in excess of fees paid and are made available to clients and customers at the discretion of Employ 
4. Some benefits may have separate terms and conditions which clients and members agree to as a part of their membership subscription.
17. At the discretion of Employii, Corporate members may have the option to sign up to an Affiliates program, also called 'Refer and Earn'. The terms and conditions are as follows:
    1. Employii provides this offer in good faith and may alter or remove the Affiliates at any time with or without notice, and at their sole discretion. 
    2. Any credits in your Affiliates bank will not be paid out should you decide to leave Employii, or cancel your membership. 
    3. Employii has the right to approve or deny activities and events request by you, the client, should you wish to use your credit towards a wellbeing or team building initiative. We will consider:
       1. Whether there is a genuine benefit for your team.
       2. Whether 
    4. Employii is not liable for anything that happens during a wellbeing or team building activity in which they have provided funding for though this affiliates program. Employers assume all risk and liability associated with these activities, including but not limited to additional costs, harm or injury. 
    5. Credits may be paid out at any time during the year with Employii's approval and at Employii's discretion. They will be paid out at least once per 12 months. Please note it is unlikely to be paid out more than quarterly, even if requested. 
    6. If a customer you refer does not use your affiliates link and it does not show on our system as being referred to by you, then we cannot guarantee that you will be entitled to the affiliates credit. However, should the customer advise us, prior to sale, that you have referred them, then in some circumstances we may honour the affiliates arrangement. This is at the discretion of Employii and Employii only. You are encouraged to use the affiliates link to avoid this issue.
    7. Any approved credit earnt through the Affiliates program will be calculated by multiplying [0.02] by  [the sale price of the membership only, less any GST, less any banking or sales provider fees (e.g. Stripe)]. 
    8. The Employee access add-on is not included in this affiliates program. 
    9. If you have any issues or complaints regarding this program, please email them in writing to: [email protected] . 
    10. The affiliates program is an additional program to your membership and it is not a consideration of pricing. Therefore, should this benefit be removed or altered in any way, it will have no impact on your membership pricing. 
    11. The Employii Members Hub has a distinct and separate Affiliates program. They do not cross over and each Affiliates program is relevant only to the relevant Hub. 
18. Clients and members understand that work undertaken by Employii may be actioned by any of its team members, as deemed appropriate by Employ This includes Employii managers and staff.
    1. Employii managers and staff will have access to client information, including confidential information, as required within the scope of their role.
    2. All employees are required to sign an Affirmation of Confidentiality as a part of their employment.
    3. Employii supports the education of HR professionals and accordingly engages student interns from time to time.
    4. Employii interns are onboarded as supernumerary team members and in a learning capacity.
    5. Interns do not provide human resources and industrial relations consulting advice.
    6. Interns will have access to client information, including some confidential information, but only in so far as necessary for their education and learning as a part of their internship.
    7. All interns are required to sign an Affirmation of Confidentiality prior to commencing their internship and are subject to Employii’s privacy and confidentiality policies and procedures.
    8. Interns are not employees of Employii Any views or information shared by interns are those of the interns and not Employii.
19. From time to time, Employii may engage third parties (such as contractors) to assist with the work, as required. Third party involvement will be declared with clients and members as reasonably required and relevant to their services.
    1. Employii may commence, pause or discontinue their working arrangements with third parties at their sole discretion.
    2. Employii is not liable for any advice, opinions or other work provided by third party entities.
    3. Each contractor and/or other third party is liable for their conduct, advice and other services.
    4. Any views or information shared by third party entities are those of the third party and not Employ 
20. Employii does not provide refunds unless required by Australian law.
    1. Clients and members who wish to request a refund must outline their request and reasoning in writing to Employ 
    2. Refund requests will be considered on a case by case basis, at the discretion of Employii – unless there is a requirement for the refund as per Australian law.
    3. Potential clients and members are encouraged to utilise the free initial consult, to determine whether Employii can assist them with their needs, prior to purchasing any service.
21. As at the date of this agreement, Employii does not provide services in workers compensation.
22. As at the date of this agreement, Employii does not assist with civil and criminal proceedings.
23. Employii does not guarantee assistance in hearings within Commissions, Tribunals or other dispute settlement bodies or processes.
24. Confidentiality and privacy
    1. Neither party may, either during or after the term of engagement, disclose or cause or permit to be disclosed any of the confidential information of the other party (or allow to make it possible for any person to observe or have access to any of that confidential information), except with the prior consent of the other party. This is unless it is lawfully required.
    2. We understand that certain information provided by the Client constitutes personal information under the Privacy Act and is provided to us for the provision of this work. We undertake to deal with that personal information, in accordance with the Privacy Act.
25. Limitation of Liability
    1. Other than as expressly set out in these Terms and Conditions, to the fullest extent permitted by law, neither we nor any of our related bodies corporate, officers, directors, employees, agents or contractors will be liable or responsible for any direct, indirect or consequential loss or damage arising in any manner, whether wholly or partly from or in connection with the provision of the services including without limitation:
       1. loss of, damage to, or deterioration of property belonging to the Client or any third party; and
       2. loss or damage caused by the negligence of us or our employees, agents or contractors.
    2. Where any law implies any term, condition or warranty, and the law avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in these Terms and Conditions (and other parts of these Terms and Conditions must be read subject to the term, condition or warranty so included).
    3. To the extent permitted by law, the liability arising from a breach of the conditions and warranties referred above is, at our option, limited to either supplying the services again or the payment of the cost of having the services supplied again.
26. Indemnity: The Client agrees to indemnify Employii against all liabilities, claims, costs and expenses incurred by us in respect of any claim by a third party which arises as a result of any breach by the Client of the agreement to provide the services.
27. Severability: If anything in these Terms and Conditions is unenforceable, illegal or void then it is severed and the rest of these Terms and Conditions remain in force.
    1. Governing Law: The Proposal and these Terms and Conditions shall be construed and interpreted in accordance with the Laws of the State of Western Australia.