by clicking on I agree to the Terms and Conditions you are confirming that you have read, understood and agree to the following terms and conditions.

1. Agreement

  1. These terms and conditions form an agreement between Your Business and Cube Workplace Solutions.

2. Our Services

  1. We will provide You with on-demand telephone advice in relation to all HR matters.
  2. In addition to telephone advice, we may also provide You with additional material for informative purposes.
  3. Your subscription to the Cube HR Advice Line does not include reviewing or drafting documents, conducting workplace investigations, attending meetings, or providing legal advice and/or representation (Additional Work). If you require Additional Work, you will be referred to the relevant Cube department.

3. Representatives

  1. You will be required to nominate a Representative. The Representative will be the point of contact in relation to these Terms and Your Business’ use of the Services. 
  2. For Your security, only the Representative may make enquires to the HR Advice Line.
  3. You must notify the Us immediately should your Representative be removed or replaced, together with the contact details of the new Representative, or of any change to the Representative’s contact details.
  4. The Representative must be a Director or Manager who is authorised to make decisions in relation to HR matters.
  5. Your Business will be responsible for the acts, omissions and defaults of the Representative.  Any direction, instruction, notice, approval or other communication made or given to the Representative will be deemed to have been made to Your Business.

4. Limitation of use

  1. Advice that is provided to you is based on instructions you provide and with consideration to Your Business’ individual circumstances.
  2. The advice we provide will be kept confidential, however, as it is not legal advice it is not subject to legal professional privilege.
  3. You are not permitted to copy, redistribute, or reproduce advice or any materials You receive from us.
  4. You will not remove, or alter any copyright, trademark or any other intellectual property notices on any document or information generated by Us.
  5. You must not seek to elicit advice for or on behalf of other people, entities or organisations which are not registered with the Cube HR Advice Line.  This includes other entities under the control of management of You, other than the entity named in this Agreement.

5. Fair Use Policy

  1. You must not use Our services in a manner that is reasonably considered by us to be excessive, fraudulent or to adversely affect the Cube HR Advice Line or other customers’ use.
  2. You must not repeatedly unsubscribe to the Cube HR Advice Line

6. Subscription Fee

  1. You must pay the Subscription Fee, that is determined on based on the number of staff Your Business employs. The Subscription Fee will be:
    1. $150 plus GST per month if you employ between 1 and 15 staff;
    2. $250 plus GST per month if you employ between 16 and 30 staff; or
    3. $350 plus GST per month if you employ between 31 and 60 staff.
  2. You must immediately advise Us of any changes to the number of staff employed by Your Business.
  3. We may, in Our absolute discretion, seek supporting documents in order to verify the number of staff you employ.

7. GST

  1. Our fees and disbursements, and all money payable by you to third parties engaged by us on your behalf, are exclusive of any applicable Goods and Services Tax (GST), except where fees are expressed to be inclusive of GST.  Our invoice will contain details of the GST charged.

8. Payment

  1. You are required to pay the Subscription Fee, in advance, on a monthly basis.
  2. Once you agree to these Terms, the Subscription Fee will be debited from your nominated account. The Subscription Fee will then continue to be debited from your nominated account on the same date of each calendar month.
  3. If a payment due date falls on a weekend or a Queensland or national public holiday, the debit will be processed on the next business day. 
  4. You must ensure that sufficient cleared funds are available on the due date to permit the payment.  If funds are not available, or if the payment is not able to be processed for any other reason, You must contact us to arrange an alternative payment method.
  5. You must immediately notify us of any changes to your nominated account which may affect the direct debit.
  6. If We incur any bank fees or charges because of a dishonoured direct debit, these fees may be passed on to You.
  7. You must take all steps necessary to allow such direct debit to be set up and maintained.

9. Intellectual Property

  1. All Intellectual Property Rights in the Services and any documentation relating to the Services remain the property of Cube Workplace Solutions.
  2. You agree, at Our request, to take all such actions and execute all such documents, as may in Our reasonable opinion be necessary, to enable Us to obtain, defend or enforce its Intellectual Property Rights, and You must not do or fail to do any act which would or might prejudice Our Intellectual Property Rights. 
  3. For the avoidance of doubt, if, and to the extent that any of the Services comprise, include or have been created, produced or developed using any pre-existing copyright work belonging to Us or any third party, all Intellectual Property Rights remain the property of Cube Workplace Solutions.

10. Privacy and Confidentiality

  1. Like many organisations, We must comply with the 13 Australian Privacy Principles (APPs) contained in the Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Cth).  We are committed to maintaining the confidentiality and security of personal information we hold.  This part outlines the manner in which we collect, store and use personal information.
  2. We collect personal information for the purpose of providing the Services.  We may also use Your personal information to inform you about other matters which may be of interest, along with information on industry developments or details of other products or services we provide. Any use of the information would be in accordance with Your directions.  Where information is required to be disclosed by law, we will only disclose necessary information.
  3. Subscribers wishing to access their personal information at Cube Workplace Solutions may do so by prior written request.  We will comply with all reasonable requests to have inaccuracies corrected. If you have any queries about our privacy policy or you require further information on how we handle our personal information, please contact Our Director, Lisa Napper, at [email protected].
  4. We will not, and You must not, disclose Confidential Information to any third party except as required by law.
  5. In addition to our general confidentiality obligations, We will not disclose to You or provide advice based on any confidential information or knowledge that we obtain as a result of acting for any other client, unless We have received an express waiver in relation to that information.

11. Electronic Communication

  1. If We communicate electronically with You, You acknowledge and agree that there are some risks in using electronic communications and accept those risks, including potential viruses, interception of the electronic mail by third parties or of non-receipt or delayed receipt of messages.
  2. If We communicate electronically with You, You release us from all claims, losses, expenses and liabilities caused by any of the risks associated with, or arising directly or indirectly out of, that electronic communication.

12. Cancellation

  1. You may cancel your subscription at any time by providing us with one calendar month’s written notice.
  2. We may, in Our absolute discretion, cancel Your subscription:
    1. if You are in breach of the Fair Use Policy;
    2. if You fail to provide Us with adequate instructions within a reasonable time;
    3. if You give instructions that are deliberately false or intentionally misleading;
    4. if You fail to accept advice we give you;
    5. if You ask Us to act unethically;
    6. if Your subscription fees are not paid; or
    7. for other just cause.
  3. If Your subscription is cancelled before the end of the prepaid month, We will not provide a refund for any of remaining prepaid period.

13. Liability and Indemnity

  1. As a subscriber, You may receive material from Us which is intended to be used as informative tools. It is Your responsibility to obtain the necessary advice from Us before using the such martial, or applying the information contained in the material, to Your Business.
  2. To the maximum extent permitted by law, Cube Workplace Solutions excludes all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss or damage resulting, directly or indirectly, from any use of, or reliance on, the Services.
  3. If you suffer loss or damage as a result of Our negligence or failure to comply with these Terms, any claim by you against Us arising from Our negligence or failure will be limited to the Subscription Fees paid by You in the previous 12 months.
  4. If you are not satisfied with the Services and exclusive remedy is to cancel these Terms in accordance with Cancellation clause.

14. Warranties and Acknowledgements

  1. You warrant that:
    1. You will act reasonably and provide Us with full, accurate and timely instructions.
    2. You are authorised to agree to these Terms on behalf of Your Business.
  2. You acknowledge that:
    1. You are authorised to use the Services and to perform the actions described by the service.
    2. The provision of, access to, and use of, the Services is on an “as is” basis and at your own risk.
    3. It is Your sole responsibility to determine if the Services meet the needs and are suitable for Your Business.
  3. Cube Workplace Solutions makes no warranty about the Services.
  4. We do not warrant that the Services will meet your requirements or that it will be suitable for any particular purpose.

15. General

  1. These Terms and the terms of any other notices or instructions given to you under these Terms, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between You and Cube Workplace Solutions relating to the Services and the other matters dealt with in these Terms.
  2. If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
  3. Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.
  4. You may not assign or transfer any rights to any other person without Cube Workplace Solutions’ prior written consent.
  5. The Terms are governed by the laws of the State of Queensland.
  6. If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.
  7. Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to Cube Workplace Solutions must be sent to [email protected] to any other email address notified by email to You by Cube Workplace Solutions. Notices to You will be sent to the email address which you have provided to Cube Workplace Solutions.

16. Definitions

“Additional Work” means any work you require to be completed by Cube Workplace Solutions that is not telephone advice in relation to HR matters.

“Confidential Information” means all information exchanged between the parties to these Terms, whether in writing, electronically or orally, including the Service but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.

“Intellectual Property Right” means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.

“Representative” means the authorised person nominated by the Subscriber.

“Services” means the services outlined in 2(a) and 2(b) of these Terms.

“Subscriber” means the person who agrees to these Terms.

“Subscription Fee” means the requisite monthly Fee set out in clause 6 (a)

“Terms” means these Terms and Conditions.

“Us” and “Our” means Cube Workplace Solutions.

“We” means Cube Workplace Solutions.

“You” and “Your” means the Subscriber.

“Your Business” means the business registered by the Subscriber to use the Services.