This document sets out the general terms and conditions (“General T&C”) on which we will provide the Services to you. Unless it is terminated earlier, the arrangement to provide the Services will terminate when we have completed providing the Services to you and you have paid our Fees.
“Buzz-er.com related product” means any product that is directly accessible via buzz-er.com.
“Confidential Information” includes all information of a confidential nature regarding business interests, methodologies, processes, affairs and client/customer information. It may also include matters of a technical nature, technical processes, trade secrets, confidential strategies, marketing procedures and financial information.
“EMAC” means EMA Consulting Pty Ltd (ABN 17 078 829 517) and its related bodies corporate (within the meaning of the Corporations Act 1009 (Cth)).
“EMSpro” means EMAC’s Employee Management System (pro) that is directly accessible via buzz-er.
“Fees” means the fees for the Services as stated in, or calculated in accordance with, the General T&C.
“General Matter” means any instruction provided by you where we reasonably consider the value of the services to be performed by EMAC to be up to $500.00 (excl GST) at the time of your instruction.
“General T&C” means this document.
“Intellectual Property Rights” includes any rights associated with inventions, copyright, designs, trademarks, trade names, service marks, indicia of origin, business names, patents, petty patents, innovation patents and including any right to apply for any of same.
“Non-written Advice” means advice that is provided by EMAC that is not Written Advice (as defined within), which includes general advice to a group of clients, information sheets, EMA Notes, verbal advice provided at meetings, advice over the phone (including TAS) and at training or information sessions.
“Personal Information” has the meaning given to it in the Privacy Act 1988 (Cth).
“Services” means the services that are to be performed by EMAC and such other services as EMAC agrees to perform for you from time to time. Services also includes product or subscription-based services provided by EMAC, but does not include EMSpro or any other buzz-er.com related product.
“TAS” means EMAC’s Telephone Advisory Service.
“Written Advice” means advice that is provided in a written format, upon specific instruction by the client.
3. OUR SERVICES
EMAC Consultants are not legal practitioners and therefore do not provide legal services. EMAC Consultants are registered industrial agents, who, based on their experience and knowledge of employment related laws, provide practical advice and guidance on the application of those laws to employers. EMAC provides assistance to employers in a variety of ways including: representation and advocacy, Written and Non-written Advice, training and management products. These General T&C apply to all Services provided to you upon your instruction. When you instruct us to perform Services for you, we will confirm your instructions in writing unless your instruction relates to a General Matter. Depending on the issue you have raised, your EMAC Consultant may recommend that you obtain formal legal advice. If formal legal advice is required, upon your written instruction EMAC are happy to brief your matter to our preferred legal practitioner or another legal practitioner or law firm of your choice.
4. ADVICE PROVIDED BY EMAC
Any advice provided by EMAC is based on the information and documentation in our possession at the time that the advice is issued. We are not under any obligation to update any advice to take into account any events that occur or information that is provided after the advice is issued. It is extremely important that at all times you provide to us, or make us aware of, any documents or information that may relate to your matter. This includes documents that are no longer in your possession. If you become aware of further information or documentation that may affect the advice we have been instructed to provide, please notify your Consultant immediately as it may affect our opinion.
You acknowledge that any Non-written Advice provided to you by EMAC is general in nature and is not considered formal advice and nor should it be relied upon as such. EMAC Consultants, in providing Non-written Advice often provide a general overview of the relevant workplace relations laws that may be applicable to your situation. The purpose of the Non-written Advice is to provide you with direction and sometimes further resources or information that you can then research and apply to your situation, or alternatively, with sufficient information to determine if you seek Written Advice on the matter. Such advice is based on the limited facts that you provide to us in that circumstance.
5. TELEPHONE ADVISORY SERVICE
Any advice provided by EMAC Consultants through the TAS is Non-written Advice, therefore not formal advice and nor should it be relied upon as such. The TAS is limited to telephone advice of up to 15 minutes duration per issue. TAS cannot be used for existing matters which EMAC have been instructed, nor matters which TAS has previously been used for.During your phone conversation, the EMAC Consultant will advise you if:
In such circumstances, any further information that you require will be billed in accordance with the EMAC Schedule of Rates. In some cases, it may be necessary for the EMAC Consultant to conduct some further research into an issue and then call you back. This will fall within the scope of the TAS provided that research into the issue raised does not reasonably require more than 15 minutes work.
EMAC Fees are calculated on the basis of time spent on the Services by our Consultants in accordance with the hourly rates current at the time the Services are performed. Our fees are calculated by multiplying a unit of 6 minutes duration by the hourly rate applicable to the person doing the work. The minimum time period of 1 unit is 6 minutes. A current Schedule of Rates is included below. The Schedule of Rates is reviewed on an annual basis. We do not charge for disbursements such as photocopying and faxing but we do charge for couriers. If we incur expenses on your behalf such as travel and accommodation, such expenses will be clearly indicated on your tax invoice. Unless otherwise stated, any total quantum of fees provided in any correspondence provided to you is an indicative estimate only based upon the preliminary information provided by you and our experience with providing similar Services. Unless expressly stated, any fees quoted are not fixed and EMAC reserves the right to render invoices based upon the actual time taken to provide the Services.
7. TERMS OF PAYMENT
An itemised tax invoice containing details of our Fees and expenses (including GST) will be sent to you on a monthly basis. Tax invoices are payable within 14 days of receipt of the invoice. If you have difficulty in paying an account within the 14 day time period, please contact us to discuss the matter so that alternative arrangements can be made for payment as appropriate. If an invoice is not paid by the due date we reserve the right to charge you interest at an annual rate of 2% over the Reserve Bank of Australia cash rate ruling on the date the invoice is due. EMAC reserves the right to cease acting for you, or to suspend work, in the event that an account is not paid within the agreed time. You agree to pay any debt collectors expenses that are incurred by EMAC in recovering any amounts owed by you to EMAC for the Services.
8. ENGAGEMENT OF OTHER ADVISORS
In the event that we need to use the services of other advisors (eg lawyers, facilitators, etc), we will ensure that you are consulted prior to such advisors being engaged. Where appropriate, we may ask you to enter into a costs agreement directly with them.
9. CONFIDENTIAL INFORMATION
We acknowledge that we will be provided with Confidential Information in relation to your business which is not in the public domain.We agree that we will not provide such Confidential Information to any other person or company unless you authorise us to do so in writing, unless such disclosure is required by law. You authorise us to disclose your information to others where necessary in order to provide the Services. EMAC will not use the information for its own benefit or to your disadvantage.
10. PERSONAL INFORMATION AND PRIVACY
11. INTELLECTUAL PROPERTY
Unless we agree otherwise in advance, EMAC owns all Intellectual Property Rights in any materials that we develop for you (including templates, policies and procedures). Such materials must not be provided to or used by any other party outside of your business without the consent of EMAC.
12. ELECTRONIC COMMUNICATION
EMAC will often send communications to you in electronic format. Electronically transmitted information cannot be guaranteed to be secure or error free and it can be adversely affected or unsafe to use. EMAC uses commercially reasonable procedures in order to identify common viruses associated with electronic communications, but is not liable to you in respect to any error or omission arising from or in connection with the electronic communication of information sent to you.
13. OFFERING EMPLOYMENT TO CONSULTANTS
In the event that you offer employment to an EMAC Consultant and he/she accepts that offer and commences with you within eight (8) weeks of ending employment with EMAC, a market rate recruiting fee of 15% of the Consultant’s total annual remuneration package with you will apply. This fee will become payable to us within four (4) weeks of the Consultant’s commencement date with you. This fee may only be waived by prior written agreement (being a date before the Consultant accepts employment with you) between you and EMAC.
14. LIMITATION OF LIABILITY
To the extent that EMAC has any liability to you at law, the total liability of EMAC, its Directors, officers, employees or Consultants to you or any other person claiming through you for any cost, loss, liability or damage arising out of any of the Services provided by EMAC is limited to an amount equal to the value of the Services already performed as at the date that the liability arose or the minimum amount permitted by law per claim or series of claims arising from one incident, whichever is the greater.EMAC shall not be liable to you for:
Either of us may terminate the arrangement to provide the Services:
In addition, we may terminate the arrangement to provide you the Services on 7 days’ notice if you fail to meet your obligation to pay the Fees within the terms of payment prescribed at clause 7 or fail to provide us with adequate information or instructions.If the arrangement to provide the Services is terminated, you agree:
16. SURVIVING TERMS
The provisions of these General T&C that will survive termination of the arrangement to provide Services are those relating to Confidential Information, Personal Information and Privacy, Intellectual Property, Offering Employment to Consultants and Limitation of Liability.
17. WHOLE OF AGREEMENT
The provisions of these General T&C constitute the entire agreement between the parties relating to the Services generally. It replaces and supersedes any previous proposals, correspondence, understandings or other communications, whether written or oral. The terms of the agreement between the parties can only be varied by written agreement between the parties.
18. GOVERNING LAW
The provisions of these General T&C are governed by the Law of South Australia. Each party submits to the exclusive jurisdiction of the courts of South Australia and courts of appeal from them.
|Consultants|| Hourly Rate
|Other Rates||Hourly Rate
We do not charge for disbursements such as photocopying and faxing but we do charge for couriers. If we incur expenses on your behalf such as travel and accommodation, such expenses will be clearly indicated on your tax invoice. Unless otherwise stated, any total quantum of fees provided in any correspondence provided to you is an indicative estimate only based upon the preliminary information provided by you and our experience with providing similar Services. Unless expressly stated, any fees quoted are not fixed and EMAC reserves the right to render invoices based upon the actual time taken to provide the Services.
EMA Consulting will issue a Tax Invoice that complies with all ATO requirements.
This schedule of rates is updated annually on 1st July.