Package Types, their Details and Terms and Conditions:
- SMO is an abbreviation for ChildSafe’s Safety Management Online System.
- ChildSafe refers both to the organisation and its ChildSafe Safety Management System.
- Type refers to the organisation’s subscription Type (Standard or Enterprise+) relative to scale of organisation’s operation
- Census is a statistical metric of users within each SMO site, run every 30 September, as a basis for subscription values.
A. INVOICING ARRANGEMENTS FOR ALL PACKAGE TYPES
1. Upon receipt of the authorised signed agreement ChildSafe will bill in accordance with the designated Subscription Type, being the Initial Fee and thereafter the metric based on estimated active number of SMO users until the first census occurs.
2. Each month ChildSafe will invoice your subscription fee, via direct debit (see direct debit form for details)
3. A ‘quarterly in arrears’ invoice billing option also exists.
4. Subscriptions are evaluated once a year as at 30-September in a data ‘census’ of online user numbers. Where an SMO site displays Online user numbers less than or equal to 75, the minimum subscription applies. Where Online user numbers exceed 75, ChildSafe will apply the standard rate ‘per user - per annum’ appropriate to that number, as per the ‘Standard’ and ‘Enterprise+’ Type values as noted in the Fees table on page 1 of the agreement.
5. Each year on 1st October, the billing will be amended to include any annual variation of SMO “use” based on the annualised September SMO census data.
6. ChildSafe expect provision of one user account for SMO to each relevant person within your organisation and make this agreement on that basis. Each user account should be used by one individual only as detailed by their user details and to maintain the integrity of the system and its data.
7. ChildSafe invoices are due within 14 days of the date of invoice (unless by specific alternative and authorised arrangement). The Direct Debiting process provides for more efficient invoice handling option.
8. Agreement prices are normally quoted inclusive of GST. The total price, including GST must be paid by you on the due date of the invoice. Prices may be subject to annual adjustments as explained by ChildSafe. ChildSafe reserve the right to alter the fees in future.
B. CHILDSAFE ‘STANDARD’ AND ‘ENTERPRISE+’ PACKAGES
1. ChildSafe will establish a ChildSafe Online (SMO) sub-site, using the details supplied by you on the Subsite Configuration form and/or initial decisions made with our Online Manager.
2. You will nominate an SMO site administrator, who is the primary person ChildSafe will communicate with and assist in support. Any site changes should be approved in writing by an authorised and senior organisation officer, who may include the site Administrator.
3. ChildSafe will consult with you to set up initial structures (Groups and Divisions) within SMO, to help you start to configure the way people are grouped within the system on your subsite.
4. ChildSafe will conduct an initial briefing by phone or video call with your administrator, to help train them in using SMO.
5. ChildSafe will provide a reasonable level of ongoing remote support for system use, preferably via email. In doing so, ChildSafe reserve the right to indicate to you when ChildSafe believe that you have reached the limit of reasonable support, and to negotiate alternative arrangements as necessary. The support ChildSafe offer should be sufficient for your nominated Administrator to use SMO effectively. Please note that if you change your Administrator or need to provide support to more than one person (at different times) this may mean that additional charges will be made for that support. Customers with multiple departments or divisions should be aware that ChildSafe have framed its delivery offering of support to a single Administrator. That person is then tasked to provide “first line” support internally to system users across your organisation. If you require ChildSafe to deliver support to multiple administrators within your organisation, this will require separate negotiation and agreement, and the price will be varied accordingly.
6. ChildSafe provide basic online help in SMO and in User Guides as downloadable resources. ChildSafe’s expectation is these have been consulted prior to requesting SMO support.
7. ChildSafe will not generally engage direct user inquiries as we do not have that capacity and this direct communication bypasses and can compromise site data integrity and permissions.
8. Support relating to errors, omissions or "bugs" within SMO will not be subject to the limits described above. Sometimes these arise outside of our control and ChildSafe will attempt to rectify these as soon as possible, working within our resources.
9. SMO is provided with the default set of ChildSafe resources available for downloading. These are the forms within the system and include training materials. You are encouraged to customise these resources (for example include your organisation name and logo, and key references), without detracting from their core safety implications. Piecemeal uploading or subsequent changes you require ChildSafe to make on your behalf, will attract additional charges.
10. One set of printed ChildSafe Guides is included as part of this package, to support implementation and reference for your organisation.
11. The need for additional quantities of ChildSafe printed publications from time to time is an expected outcome of using the ChildSafe. Orders for such will be subject to freight rates that fluctuate from time to time. Order quantities should be proportional to active user numbers due to implicit costs of supply. Digital guide options should arrive in 2023 as part of the subscription package and remain subject to copyright.
C. YOUR DATA - CHILDSAFE SYSTEM AND PRIVACY
When you subscribe to SMO, you will be making use of a system that ChildSafe have developed and its databases. ChildSafe want to assure you of the steps it takes for the privacy and security of your data.
1. SMO was developed by an Australian IT company, contracted according to ChildSafe specifications. ChildSafe own the intellectual property and its source code. Your data remains secure and your property.
2. SMO is hosted at an Australian-domiciled, highly secure web-hosting service. The professional web-hosting package provided to ChildSafe includes surety about data security and regular and separated backup.
3. To assist ChildSafe in assessing how effectively SMO is being used, ChildSafe collects some quantitative data on sites (e.g. number of users, number of programs, status summaries for appointment, training and programs, number of incidents logged, number of users attempting training modules).
4. ChildSafe will not view data concerning individuals within your site except as a by-product of collating training and/or census data for the purposes of billing, or otherwise as directed by you to provide, or by any legal requirement to disclose.
5. ChildSafe Privacy Policy also forms part of this agreement. By signing this agreement, you acknowledge that you have read and agree to the Privacy Policy. A copy of the current version can be found at our website footer.
D. 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, Safety Management Online (SMO), electronic resources and web content.
2. ChildSafe 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, ChildSafe 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 alleged to be 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 ChildSafe’s prior written consent.
6. ChildSafe may assign its rights and obligations by notice in writing to you.
E. CHILDSAFE ARE NOT PROVIDING LEGAL ADVICE
1. ChildSafe 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 ChildSafe complies with all relevant legal requirements (Australia wide). However, ChildSafe 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.
F. 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 regulated environment in which child safety matters operate and the delivery of much of ChildSafe’s service online, ChildSafe reserve the right to make changes to the system (including Terms and Conditions). ChildSafe 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, ChildSafe liability is limited to re-supplying or the cost of re-supplying (at ChildSafe election) the services contemplated by this agreement.
7. This agreement sets out all the terms of ChildSafe’s agreement in relation to subscription service, including C.5 above, and supersedes all prior communications and discussions.
G. TERMINATION
1. Your SMO site will remain live until this agreement is terminated by either party.
2. Failure to pay your subscription fee within a reasonable period of the due date, 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 ChildSafe Limited).
3. ChildSafe 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.
4. ChildSafe may also terminate this agreement if your organisation goes into administration.
5. You may terminate this agreement by not less than 30 days advance notice in writing to ChildSafe.
6. The termination date shall be deemed to be the census date under clause A.4 and you will be liable for an annual fee at that point (with no pro-rata).
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