Terms and Conditions

 

1. 1 Definitions:

• 1.1. GTAG- means Geared Training and Advisory Group Pty Ltd, an Australian company ACN 611 213 828

 

2. Client/Client’s Business - The trading business owned by the Client and is nominated by the client in the ‘New Client Registration Form’.

• 2.1. Authorised Representative – The sole proprietor, director or partner of the business nominated on the ‘Client registration form’ or such a person nominated to represent the business when dealing with GTAG, nominated by completing the ‘authorised representative form. This person is the client-nominated personal authorized to obtain information, advice and resources from GTAG on behalf of the business. Such a nomination cannot be transferrd without the consent of GTAG, which may be withheld at its absolute discretion. Reference to client in this agreement also extends to the client’s authorised representative.
• 2.2. Notice – means written notice served in accordance with this agreement on either party and sent via email, post or facsimile to the other party.

 

3. Quotations and Orders

• 3.1. Any quotation provided by GTAG to the Client is not an offer or obligation to provide services but an invitation to treat only. GTAG reserves the right to accept or reject any order it receives.  A quotation is open for acceptance within the period stated within the quotation or within 21 days if no period is stated.
• 3.2. Until GTAG accepts in writing, GTAG is not obliged to supply the services so ordered to the Client.
• 3.3. If the Client defaults under these terms and conditions, GTAG may, without prejudice to their rights, cancel, suspend or vary the terms and conditions of any incomplete agreement that has been accepted by GTAG without notice to the Client and without being liable to the Client.

 

4. Services

• 4.1. The Client appoints GTAG, and GTAG accepts its appointment, to provide Industrial Relations/Human Resources/WHS services to the client according to the client according to the nominated package:
• 4.1.1. The Complete Peace of Mind Package
• 4.1.1.1. Industrial Relations + Work Health Safety Random Audits – this will include a review in the first 12 months of current documentation and practices against legislative requirements and the production and dispatch of a report on any findings/recommendations, thereafter random IR Audit annually and random WHS Audit biennially.
• 4.1.1.2. Unlimited access to Industrial Relations/Human Resources/Work Health and Safety Hotline or email.  This will operate between the hours of 8am to 8pm Monday – Saturday (exclusive of New South Wales Public holidays).
• 4.1.1.3. Access to GTAG’s Online Library and use of resources within it.
• 4.1.1.4. Access to GTAG Employment Management System (WALEE)
• 4.1.1.5. Access to GTAG Training modules to deliver to employees via e-learning

4.1.2. The Advantage Package

• 4.1.2.1. Up to ten (10) queries relating to Industrial Relations, Human Resources or Work Health and Safety, per annum by the Authorised Representative via the GTAG Helpline and email support.
• 4.1.2.2. The Helpline and email support is available  Monday to Saturday from 8:00am to 8:00pm (exclusive of New South Wales Public Holidays
• 4.1.2.3. Wage Sheets, Alerts, Updates, Self-Audit and compliance Checklists sent to the client’s nominated email address.
• 4.1.2.4. Access to the GTAG’s Online library and use of the resources within it.
• 4.1.2.5. Up to ten (10) training modules to be delivered to employees via e-learning.

4.1.3. The Quick Fix Package

• 4.1.3.1. Up to five (5) queries relating to Industrial Relations, Human Resources or Work Health and Safety, per annum by the Authorised Representative via the GTAG Helpline and email support.
• 4.1.3.2. The Helpline and email support is available Monday to Saturday from 8:00am to 8:00pm (exclusive of New South Wales Public Holidays
• 4.1.3.3. Wage Sheets, Alerts, Updates, Self-Audit and compliance Checklists sent to the client’s nominated email address.
• 4.1.3.4. Up to five (5) training modules to be delivered to employees via e-learning.

4.1.4. The Projects package

• 4.1.4.1. The Services and the scope of work provided under the projects package will be detailed in a written quotation.

 

5. Term of Agreement

• 5.1. The term of agreement shall be 12 months from the date GTAG accepts their appointment for the provision of services and shall continue for a period of twelve months.
• 5.2. GTAG will not engage in lesser periods unless specifically requested by the client and GTAG agrees in writing.
• 5.3. Upon the expiration of the initial twelve-month period, the agreement will automatically renew for a further twelve months. This renewal process will continue until the client advises in writing they wish to terminate the agreement in accordance with Termination provisions.

 

6. Ownership of Records

• 6.1. All original documents obtained from the client arising from the engagement of GTAG shall remain the Client’s property and will be returned to the Client upon termination of this agreement. However, GTAG reserves the right to make a reasonable number of copies of the original documents for its records.

 

7. Confidentiality

• 7.1. Any information and all matters connected with and relating to the client’s business and its performance are confidential and GTAG will make all reasonable efforts to ensure the information’s security and shall not disclose details to any other person/entity unless authorised to do so in writing or required by law.

 

8. Payment to GTAG

• 8.1. Payment to GTAG for Industrial Relations/Human Resources/WHS services rendered to the client will be based on the package type, paid on the following basis:
• 8.1.1. The complete peace of mind package- During the first year the client agrees to pay GTAG a one-off non-refundable Joining Fee plus an annual Fee either in full or by paying in monthly or weekly instalments via direct debit.
• 8.1.2.  The advantage and quick fix packages-  these package must be paid up-front on an annual basis, via direct debit.
• 8.1.3. The projects package- payment options conditions will be set in a written quotation and based on the project requirements.
• 8.2. GTAG’s fees may be advised in a written quotation for services.
• 8.3. Where the option is available for their package, the client agrees to nominate their preference for up-front payments or payment by installment on the ‘New Client Registration Form’ or advise GTAG in writing.
• 8.4. GTAG may revise the Fees charged to the client from time to time by giving written notice of the revised charges to the Customer with a minimum of 30 calendar days before any change of price is implemented.
• 8.5. At the end of the initial agreement period, the agreement will automatically renew for the same period as the initial agreement period (renewed agreement), unless terminated by either party giving a minimum of 14 days written notice to expire at the end of the initial period or any subsequent renewal period.

 

9. Renewal Period / Renewal Agreement

• 9.1. Renewal periods or renewal agreement is a period of 12 months.

 

10. Goods and Services Taxation

• 10.1. Unless otherwise stated, the client agrees to pay the goods and services tax (GST) in addition to and at the same time as the Services Fees and other amounts due under this Agreement. GTAG will provide the Client with an invoice clearly identifying this amount.

 

11. Materials

• 11.1. GTAG agrees all materials and supplies required to perform the services outlined in this agreement will be supplied by GTAG and is incorporated into the Services Fee and will not be charged separately to the client.

 

12. Good Faith

• 12.1. Without limiting any other provision of this agreement, both parties must at all times during each engagement:
• 12.1.1. Be just and faithful in all transactions
• 12.1.2. Advise GTAG if the client feels that services are not being supplied by GTAG to the quality advised; and
• 12.1.3. Conduct communications, by any medium, in a manner that is polite and professional.

 

13. No Partnership or Employment

• 13.1. Nothing in this agreement is intended to create a partnership as between GTAG and the Client. GTAG acknowledges that they have no authority to bind the Client without the Client’s specific consent.  GTAG acknowledges that the Client is not obliged to pay GTAG for any period during which GTAG is unable to provide the services in accordance with this Agreement.

 

14. Intellectual Property

• 14.1. GTAG and the client agree all intellectual property made, developed, conceived, first reduced to practice, fixed in any tangible medium of express or created for the purposes of fulfilling the services provided to the client will be the sole and exclusive property including the entire right, title and interest of GTAG.
• 14.2. The client warrants that the information and advice provided under the terms of this agreement are for its own internal use, and will not be resold or used on behalf of a third party.

 

15. Termination of Agreement

• 15.1. This agreement may be terminated by either party on 14 days’ written notice to the other party or will default to termination in the circumstances of failure to pay an outstanding invoice from GTAG by more than fourteen (14) business days.
• 15.2. Within the first 14 days of entering into the ‘Complete Peace of Mind Package’ in accordance with this Agreement, GTAG will refund a pro-rata amount of the annual fee, based on complete months remaining under the contract (excluding the one-off joining fee) paid in relation to GTAG services if, acting in good faith, the Client is not satisfied with GTAG services and notifies GTAG in writing.
• 15.3. The client acknowledges that no other refunds will be issued by GTAG.

 

16. Amendment to the Agreement

• 16.1. This Agreement shall only be amended or modified by written document executed by authorised representatives of both parties and will only take effect upon mutual execution of signed copies. This agreement supersedes all prior representations made by the parties.

 

17. Penalty for Default Termination

• 17.1. If termination of this Agreement occurs due to failure to pay an outstanding Services Fee in the specified period of time, the client agrees to pay a financial amount equivalent to the undischarged Fee payment to GTAG.

 

18. Entire Agreement and Severability

• 18.1. This Agreement, expresses the entire agreement between the Client and GTAG regarding this matter. This agreement can only be modified with written agreement signed by both the Client and GTAG. This agreement shall be binding upon the Client and GTAG and their respective heirs, legal representatives and successors in interest.
• 18.2. If any clause or any part of any clause in this agreement is in any way unenforceable, invalid or illegal, it is to be read down so as to be enforceable, valid and legal. If this is not possible, the clause (or where possible, the offending part) is to be severed without affecting the enforceability, validity or legality of the remaining clauses (or parts of those clauses) of this agreement, which will continue in full force and effect.

 

19. Governing Law

• 19.1. This agreement shall be interpreted according to the laws of the State of New South Wales.
• 19.2. The parties submit to the exclusive jurisdiction of the courts of New South Wales and any courts competent to hear appeals from those courts.

 

20. Limitation of Liability

• 20.1. To the maximum extent permitted by law, neither GTAG, nor its employees and agents, nor anyone else involved in supplying the services is liable for any direct, indirect, incidental, special or consequential loss or damage arising out of the supply or use of the services outlined in this agreement, failure to supply, inability to use the services, or out of any breach of an essential term.
• 20.2. Any condition implied in this agreement by legislation which avoids or prohibits the terms of an agreement from excluding or modifying the application or exercise of, or liability under such condition or warranty is deemed to be included in this agreement.
• 20.3. The client will indemnify and hold GTAG harmless from and against any and all liability, loss or damage (including all legal expenses) arising from the use of GTAG services.
• 20.4. This clause survives the expiry or termination of this agreement.

 

 Privacy Policy

 

Geared Training and Advisory Group (GTAG) is commitment to protecting your privacy in your dealings with us. In the course of your dealings with GTAG, personal information is collected, handled and used when it relates to clients, prospective clients and their employees.

 

When is information Collected?

 

GTAG collects information when you:

• Make an enquiry via telephone, E-mail, facsimile or through the GTAG website
• Engage GTAG for the provision of goods and services
• Visit the GTAG website
• Used the Workplace Advice & Learning Enterprise Expert (WALEE) system
• Apply for employment with GTAG or a GTAG client
• Are employed by one of our clients
• Attend an Information session
• Receive information or advice from GTAG
• Engage in business dealings with us

 

What Information is Collected?

 

GTAG may collect, store and use the following information about its client’s, prospective clients and authorised representatives:

• Name of business and/or individual and contact information e.g. address, phone number and email address.
• Ownership structure and ABN
• Payment information- for payment of GTAG invoices
• Employee records (see below)
• Policies and procedures
• Payroll data
• Information provided by the client to GTAG in order to receive tailored advice

 

GTAG may collect, store and use the following information about the employees, prospective employees and previous employees of our clients:

• Name and contact information (e.g. phone number, address, email)
• Date of birth
• Details relating to their role (contract, job description)
• Emergency contact information
• Citizenship status and visa information
• Payment information: Including TFN number, bank details and details of superannuation
• Information disclosed in a resume
• Terms and conditions of employment
• Termination records
• Information relating to employment (including contract of employment, leave records, payroll data, disciplinary and grievance records, work health and safety and workers compensation related information)

 

How is personal information used?

Personal information will be collected, stored, used and disclosed on behalf of clients and for the provision of information and advice, compliance, record maintenance, calculation of entitlements, administration and other matters in connection with GTAG’s engagement for the provision of goods and services.

 

GTAG uses personal information collected in the course of its dealings to:

• Identify clients, potential clients and their authorised representatives
• Identify individuals and prevent unnecessary access to personal information or obtaining unauthorised access to GTAG services
• Maintain databases
• To provide access to systems and the provision of IT support
• Maintain employment records on behalf of clients
• To respond to queries and provide tailored and accurate advice
• For compliance purposes
• For matters relating to employment or ending employment
• Determine suitability of potential candidates
• Provide publications
• Obtain aggregate data from our website or marketing activities
• Process financial transactions, including issuing invoices and completing payment
• Inform clients and potential clients of marketing initiatives, events, new or existing products and services
• Other purposes permitted, required or authorised by Australian law.

 

 

When do we share information?

Protecting personal information is very important to the team at GTAG. Personal information is stored securely with password protection and is restricted to authorised persons. GTAG will not use or disclose your personal information for any purpose, other than those listed in this policy, without consent (express or implied in dealings with GTAG) or unless otherwise required or permitted under Australian Law.

 

GTAG may disclose your personal information (on a confidential basis) so that services may be provided in connected with GTAGs business. This may include legal, financial, technological or administrative services. Such examples include the provision of IT support, legal advice, printing services, couriers and outsourcing arrangements. Personal information may be transferred to third party providers (including overseas entities and cloud based technology solutions) for the provision of data storage and to create, maintain and improve GTAG systems.

 

In the event that external providers, including overseas entities, are engaged by GTAG, all reasonable steps will be made to ensure they comply with Australian Privacy Principles. Where information is disclosed to third parties, they will be required to disclose and use personal information only for the purpose for which it was disclosed.

 

Under no circumstances will GTAG sell your personal information to a third party for the purpose of marketing or otherwise.

 

Accessing records and requesting amendments

Any person about whom GTAG holds personal information, may request access to their personal information and/or request amendments to their information in accordance with this privacy policy. GTAG will take reasonable steps to make appropriate corrections to personal information so that it is accurate, complete and up-to-date. In the event that an employee makes such a request under this policy, the client will be informed.

 

To access your personal information, a request needs to be made in writing via email to customer.service@gtag.net.au.  For security, to protect privacy and to verify identity, identification may be required. A reasonable fee may be incurred for the provision of this information. If a fee is to be charged, GTAG will provide an estimation of the fee to be incurred. Such requests will be actioned within a reasonable period. If a request for information is denied, GTAG will respond in writing, providing reasons for the refusal.

 

Complaints

 

GTAG welcomes feedback about privacy issues. Should you have feedback or a complaint to be made, you can direct this to GTAG’s Privacy Officer by email customer.service@gtag.net.au

 

Please contact GTAG if you have concerns or queries that have not been addressed by this policy.

 

GTAGs website may contain links to other sites. GTAG is not responsible for the privacy practices or policies of those sites

 

Updates to this policy

GTAG will review this policy regularly and may update it from time to time.  The up-to-date version of this policy will be published on GTAG’s website.

 

Last updated JULY 2017

 

 

Disclaimer

 

The information contained in this website is for general information purposes only.  The information is provided by Geared Training and Advisory Group Pty Ltd (GTAG) and while every effort has been made to offer current and accurate information, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability or availability with respect to the website or the information, products, services or related graphics contained on the website for any purpose.. Furthermore, this Site may contain references to certain laws and regulations, which may change over time. GTAG disclaims all liability and responsibility for any errors or omissions in the content contained on this site.Through this website you are able to link to other websites which are not under the control of GTAG.  We have no control over the nature, content or availability of those sites.  The inclusion of any links does not necessarily imply a recommendation or endorsement of the views expressed within them.  GTAG takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.