Key Business Advisors Standard Terms & Conditions
KBA means Key Business Advisors Pty Ltd, or any of its subsidiaries, body corporate or other related entities.
Advice means any advice provided by KBA during any interaction with a Customer. All advice provided by KBA during any interaction with a Customer is general of nature. Before acting any advice provided by KBA, Customers should carefully consider the appropriateness of the advice, having regard to their objectives, financial situation, needs and legal responsibilities.
Customer means the person, business or company, including external contractors or consultants engaged by the Customer, who purchases any of the Products offered by KBA.
HR System means enableHR, being a HR software program.
Human Resources (HR) means the function of a company that is focused on activities relating to employees. These activities normally include recruiting and hiring of new employees, orientation and training of current employees, employee benefits, retention, and compliance with associated government regulations.
Manual means any training manual provided by KBA.
Products means all products and services that KBA supplies including (but not limited to) HR Software and Systems, WHS System, HR Advice, Manual, HR Membership, HR Coaching & Training, Sales Training, Coaching and/or Advice.
WHS System means enableHR’s integrated WHS module.
Workplace health and safety (WHS) means the promotion and maintenance of a work environment that is safe and minimises risks to the wellbeing of workers (including employers, employees, contractors and contractors’ employees, apprentices, interns, work experience students, and volunteers), clients, suppliers and visitors in compliance with applicable state laws.
By signing the acceptance herein and placing the order with KBA, you agree that you have read the attached terms and conditions and agree to be bound by them.
Limitation of Liability
KBA does not warrant that their Products are fit for their intended use and purpose. The Customer must make their own checks to ensure that the Products offered by KBA meet their requirements and needs.
KBA provides the enableHR package with current legislative changes as at the time the package is provided to the Customer. If the Customer changes any of the templates, they do so at their own risk and should obtain their own independent legal advice to ensure that they meet legislative requirements. KBA will not be liable for any changes made by the Customer.
KBA is not liable for any direct or indirect loss or damages which may arise out of or consequential to the Products it supplies, including but not limited to the HR Software and Systems, WHS System, HR Advice, Manual, HR Membership, HR Coaching & Training, Sales Training, Coaching and/or Advice. You agree to keep KBA indemnified against all liabilities, costs and expenses arising out of any claim you may bring in relation to these Products.
All Products, Advice and HR Advice provided by KBA are believed to be accurate and reliable at the time provided, but no warranty to that effect is given by KBA, its employees or any other person. KBA does not accept any liability for any claim which may arise from any person utilising a Product or acting on Advice or HR Advice provided by KBA.
Under circumstances where liability cannot be excluded, such liability is limited to the value of the Products purchased from KBA. KBA does not accept liability in any contract, tort or otherwise for any injury, damage, loss (including consequential loss), delay, additional expense or inconvenience caused directly or indirectly by force majeure or any other event which is beyond KBA’s control and is not preventable by reasonable diligence on KBA’s part or your part.
The Manual is believed to be accurate and reliable from the day of sale, but no warranty to that effect is given by KBA, its employees or any other person. It is the Customer’s responsibility to keep the manual updated and current from the day of sale. KBA does not accept any liability for any claim which may arise from any person or Customer utilising the Manual.
Ownership and Passing of Title
All systems and software remain the possession of enableHR. By entering into this agreement, KBA provides the customer access to use such systems and software. Title of the goods does not pass to the Customer.
Payment of 30% deposit is required to confirm and secure Sales Training dates/bookings. Without a deposit, dates are not confirmed and may be released. Full payment of training is required 7 days prior to the event.
Where travel and accommodation are required, payment for travel and accommodation is due in full at the time of booking.
Event Cancellation Policy
In the event that KBA for any reason whatsoever cannot make a scheduled event, KBA will offer the attendees the option of a rescheduled event or a refund.
We offer a full refund for cancellations over 45 business days prior to an event. For cancellations between 45 and 30 business days prior to the event, we will refund 50% of the amount received from the Customer. Cancellations made less than 30 business days prior to the event are not refundable.
A Default Event occurs if the Customer fails to pay any monies owing after the date required for payment or the Customer otherwise breaches the Terms and Conditions contained herein. In the event that the Customer fails to make payments when they fall due, KBA may terminate this agreement in writing and terminate the Customer’s access to the enableHR program.
All reasonable costs, expenses and disbursements incurred by KBA (including debt recovery costs, legal costs and agency fees) arising from or incidental to KBA exercising a right under these Terms and Conditions or from a Default Event are payable by you on demand.
Interest will accrue at the rate specified by the Penalty Interest Rates Act (Victoria) from the date that any payment owing to KBA falls due until such time as the amount due is paid in full.
Whilst working with Key Business Advisors, you will have access to KBA’s HR intellectual property that has been carefully designed to suit your business requirements. This protected information means that you have access to a process that is highly valued in the market.
Diagnostic reports and documentation provided to you carrying the Key Business Advisors copyright, enableHR copyright and/or HR Coach copyright may be used in the management of your business only. They are not to be distributed, copied or reconstructed for any other purpose, associated companies or external parties. You should not use tools in a way that it will be materially detrimental to or be inconsistent with the KBA, enableHR and/or HR Coach methodologies.
Term and Fee
This agreement shall be for a minimum term of 12 months and continue unless terminated in accordance with this agreement. Should the agreement be terminated, then the balance of the term (all monies owed) remains due and payable.
(This applies to certain products only).
In the event that the Customer wishes to terminate this agreement, they must provide a minimum of three (3) months’ notice in writing. The balance of the 12-month term, however, will remain due and payable. Should the Customer not provide such notice of termination of the agreement and the 12-month term expires, it will automatically roll over for a further 12 months and the Customer will be bound to the additional term.
(This applies to certain products only).
In the event that the agreement is terminated, KBA has the right to invoice the Customer for the balance of the term remaining, and such monies are due and payable immediately.
Adjustment of Pricing
The cost of the enableHR service may increase from time to time. Should such increase be made, KBA will notify the Customer in advance. An increase will also apply should the Customer move from one band to another.
HR Consultancy Package
The HR Consultancy Package is based on Consultancy hours charged monthly or annually for a 12 month period. On the 12 month anniversary, the same amount of hours will be allocated for another 12 months, unless a new set of hours has been negotiated. Any outstanding hours remaining (i.e. hours not used within the 12 month period), will not be rolled over into the new 12 month term.
KBA HR Consultancy Package does not include advice on Independent Contractors and Contractors Agreements. KBA can provide general guidance but not Advice as we are not specialised in this area. We recommend you seek independent legal advice from a qualified professional.
KBA HR Consultancy Package does not include advice on WHS. KBA can provide general guidance but not Advice as we are not specialised in this area. We recommend you seek independent advice from a verified WHS expert who specialises in this area.
KBA HR Membership is over-the-phone general guidance but not Advice. Any questions which require investigation or activity / work to assist your query after the initial phone call, falls outside of the membership. Examples of this include, but not limited to are, research, review or creation of documentation, being present at a meeting, confirmation of initial phone conversation in an email etc. Should you wish further support or advice we recommend another KBA Package.
The Customer has had the opportunity of seeking their own legal advice prior to the execution of this agreement and agrees to be bound by the terms and conditions contained herein.
The laws of Victoria govern this agreement. By signing this agreement, you consent to the exclusive jurisdiction of the Courts of Victoria and the Commonwealth of Australia.