Package Details (including Subscription Terms and Conditions)

A. Invoicing arrangements for packages

  1. Upon receipt of the signed agreement we will consider your offer and if accepted invoice you for the initial fee. 
  2. On the 1st October each year we will invoice you for your annual subscription fee for the previous year. Our invoice will be based on the maximum number of users ("members") within your SafetyManagement Online(SMO) site at any point in time during the preceding 12 months, or the minimum fee (whichever is the greater). 
  3. In the first year, we will invoice on a pro-rata basis for the portion of the year between the activation of your site and the census date. We will email your administrator when your site has been activated. 
  4. We encourage and expect you to provide a user account for SMO to all relevant people within your organisation, and make this agreement on that basis. We expect each user account to be used by one individual only. 
  5. Just like you , we have bills to pay and so our invoices must be paid within 14 days of the date of our invoice (unless we have a different specific prior written arrangement.) 
  6. All prices we quote are exclusive of GST. All invoices to Australian customers will add GST to the prices. The total price including GST must be paid by you on the due date of the invoice. 

     

B. ChildSafe Member Package

  1. We will set up for you a SMO sub-site, using the details supplied by you on the Subsite Configuration form. 
  2. You will nominate an administrator for your site, who is the primary person we will communicate with and assist. 
  3. We will consult with you to set up some initial structures within SMO (Groups and Divisions) to help you start to configure the way people are grouped within the system. 
  4. We will conduct an initial briefing over the phone with your administrator, to help them get started using SMO. 
  5. We will provide a reasonable level of ongoing support to use the system, preferably via email. In doing so, we reserve the right to indicate to you when we believe that you have reached the limit of reasonable support, and to negotiate alternative arrangements. The support we offer will, we believe, be sufficient for you to be able to use SMO effectively.Please note that if there is a change in your administrator or the need to provide support to more than one person (at different times) this will normally mean that additional charges will need to be made for support. 
  6. We provide online help in SMO, and User Guides as downloadable resources. Our expectation is that these have been consulted prior to requesting our support. 
  7. Support relating to errors, omissions or "bugs" within SMO will not be subject to the limits described above. We will attempt to rectify these as soon as possible, working with our web developer. 
  8. SMO is provided with the default set of ChildSafe resources available for downloading - all forms within the system, and materials supporting our Training Package. You may like to customise these resources (for example to include your organisation name and logo). We include in this package the uploading of your customised forms into your sub-site’s resources, on the basis that you supply us with the customised forms as a package, and that we upload them once only to your site. Piecemeal uploading or changes will attract an additional charge. 
  9. A ChildSafe Kit is included as part of this package, as a starting point for your organisation to obtain appropriate quantities of ChildSafe Publications. 

     

C. ChildSafe Partner Package

As for "ChildSafe Member Package" above, with the following additions: 

  1. We will appoint a ChildSafe Project Officer to assist you in the implementation of ChildSafe. 
  2. The Project Officer will provide a face-face implementation workshop (either a half or full day) in consultation with you, and may be available to provide additional face-face briefings with key stakeholders within your organisation. 
  3. The Project Officer will be available for ongoing support and assistance during the implementation process, assisting you to set and achieve certain milestones. 
  4. You, of course, are responsible for ensuring that your staff, volunteers and stakeholders are available at the agreed time.The venue will also be provided by you. 
  5. The location of the Implementation Workshop will be assumed to be at the place on the agreement. Our Initial Fee has been set on this basis to include anticipated associated travel and out-of-pocket expenses. A different location may mean an additional cost for you (at our election). 

D. Full Customisation

As for "ChildSafe Partner Package" above, with the following additions: 

  1. An additional Publications Licensing Agreement will be signed by both parties, detailing specific terms for customisation. We require you not to downgrade any of the ChildSafe Standards for safety and care. That Agreement will also limit the extent to which you can publish materials to an agreed scope of activity. 
  2. We provide you with master manuscripts for all of the ChildSafe Publications: Team Member, Team Leader, Coordinator, A ChildSafe Organisation, and Resources (Forms etc). 
  3. Our Project Officer provides some level of assistance with defining the customisation process. 
  4. You are responsible for the production and printing of your own materials. 
  5. Once content is edited, we can no longer be responsible for it and therefore we strongly recommend that editing be kept to a minimum.If you are in any doubts about whether your edited material is still compliant we recommend that we audit that material for you.This will attract an additional charge. 

     

E. Your Data - Our System and Privacy

When you subscribe to SMO, you will be making use of a system that we have developed and the databases of our web site. We want to assure you of the steps we are taking for the privacy and security of your data.

  1. SMO has been developed by IP Internet Pty Ltd ABN 46 064 846 153 (“iP Internet”) in Sydney, Australia, according to our specifications.We own the intellectual property, the source code and the database housings.Your data remains your property. 
  2. The system is hosted by WebCentral, one of Australia's largest web-hosting services. The professional web hosting package provided to ChildSafe Limited includes assurances about data security and regular backup. 
  3. To assist us in assessing how effectively SMO is being used, we collect some statistical data about each site (eg. number of users, number of programs, status summaries for appointment, training and programs, number of incidents logged, number of users attempting training modules). 
  4. We will not view data concerning individuals within your site without your express consent. iP Internet have also agreed to this in a written memorandum with us.This is subject to any legal requirement to disclose. 
  5. Our Privacy Policy also forms part of this agreement.You acknowledge that you have read it and agree to its terms. A copy of the current version can be found at www.childsafe.org.au. 

     

F. Use of ChildSafe Standards, Guidelines and Processes

  1. ChildSafe Limited is the absolute owner of the copyright in the ChildSafe Safety Management System (“the system”), including all ChildSafe publications, electronic resources and web content. 
  2. We do not warrant all parts of the system to be error free, or that it will meet all of your requirements. Upon discovery of major errors in the system we will alert you and make alterations as technically feasible. 
  3. Use of this system does not ensure that you will not be liable for any claims relating to safety and care. The use, customisation, training, maintenance and implementation of the system are your responsibility. 
  4. You must promptly notify us of any actions, claims, suits, demands, proceedings, damages, compensation which may be brought or claimed against you arising out of the implementation or use of the system. 
  5. This agreement is made with your organisation only, and the obligations and benefits provided may not be assigned, transferred or sub-licensed by you without our prior written consent. 
  6. We may assign our rights and obligations by notice in writing to you. 

     

G. We are not Providing Legal Advice

  1. We are not lawyers and do not by the system or any training or consultation provide legal advice. 
  2. Every effort has and will be made to seek to ensure that what we do complies with all relevant legal requirements (Australia wide and in New Zealand), however we cannot warrant this. If you are in any doubt about whether the system meets the legal requirements in your jurisdiction we strongly recommend that you seek your own independent legal advice. 

     

H. General

  1. This agreement binds each of our respective personal representatives, administrators and permitted assigns. 
  2. This agreement is governed by the laws of Queensland, Australia and we all agree to submit to the non-exclusive jurisdiction of the courts of that State, the Federal Court of Australia and their respective appellate courts. 
  3. Notices may be given by email.However an email notice will not be deemed to be given until there has been some form of acknowledgement of receipt from the receiver. A server automated receipt is not sufficient.
  4. Given the highly regulated environment in which we are operating, plus the delivering of much of our service online, we need to reserve the right to make changes to these Package Details (including Terms and Conditions).We will seek to do so sparingly and if possible provide reasonable advance notice for consultation purposes. 
  5. If a party comprises more than one person, or entity they are bound jointly and severally. 
  6. To the fullest extent permitted by law, our liability is limited to re-supplying or the cost of re-supplying (at our election) the services contemplated by this agreement. 
  7. This agreement sets out all the terms of our agreement in relation to its subject matter and supersedes all prior communications and discussions. 

     

I. Termination

  1. We will endeavor to keep any future increases in our subscription fees reasonable. However, we reserve the right to alter the fees in future. 
  2. Your SMO site will remain live until this agreement is terminated by either party. 
  3. Failure to pay your annual subscription fee when due will result in the suspension of access to your site, and after a reasonable time period to termination of this agreement (by notice in writing from us to you). 
  4. Upon termination of this agreement, we will offer to export your data from your site and provide it to you as a set of tables in CSV (Comma Separated Variable) format. Exported data will comprise database tables as follows: Members, Teams, Divisions/Groups, Programs, Incidents. We will charge a fee for this service. We will then erase all of your data within our systems. 
  5. We may terminate this agreement by notice in writing to you in the event that you fail to remedy any breach of this agreement within a reasonable time after requested in writing to do so. 
  6. We may also terminate this agreement if you have an administrator appointed to your affairs. 
  7. You may terminate this agreement by not less than 30 days advance notice in writing to us. 
  8. The termination date shall be deemed to be the census date under clause A2 and you will be liable for an annual fee at that point (with no pro-rata).