This website http://www.wiserconnections.com.au (‘the Website’) is owned and operated by Weiser Australia Pty Ltd (ABN 84 136 475 039) (‘the Company’) trading as ‘Wiser Connections’.
These terms and conditions govern the use of the Website and form a contract between you and the Company for the provision of Services on the Website.
By accessing, using, browsing, subscribing, or submitting a User Registration request to ‘Wiser Connections’ and/or the Website, you agree that your access to and use of, the Website is subject to these Terms and Conditions, and all applicable laws, and is at your own risk.
The Company may amend, modify or update these Terms and Conditions at any time at its sole discretion, without providing notice to you.
1.1. Approved Supplier(s) means an IT professional(s) whether an individual or organisation that provides IT services and has been approved by Wiser Connections for inclusion in the published list of Suppliers;
1.2. Australian Consumer Law has the same meaning provided in the Competition and Consumer Act 2010 (Cth) and in particular refer to Schedule 2 of this Act.
1.3. Business Day means any day that banks are generally open for business in Adelaide but not a Saturday, Sunday or public holiday pursuant to the Holidays Act 1910 (SA).
1.4. Buyer(s) means an individual or organisation that requires IT solutions and services by reference to a specific Project Request.
1.5. Copyright Statement means the Wiser Connections Copyright Statement on this Website: http://www.wiserconnections.com.au/website/copyright.
1.6. Disclaimer means the Disclaimer on this Website: http://www.wiserconnections.com.au/website/disclaimer.
1.7. Fee means the fees, charges and/or prices set by Wiser Connections each financial year from time to time (inclusive of GST).
1.8. Goods means the goods or products supplied by Wiser Connections for a Fee.
1.9. GST has the same meaning as those terms and phrases in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended from time to time.
1.10. Intellectual Property means patents, trademarks, registered designs, applications for any of the foregoing, copyright, design rights and analogous rights, trade and business names, rights in confidential information howsoever arising and wheresoever situation and any right or interest in any of the foregoing.
1.11. Intellectual Property Statement means the Wiser Connections Intellectual Property Statement on this Website: http://www.wiserconnections.com.au/website/IP.
1.12. IT means information technology.
1.13. Know-How means guidelines, inventions, discoveries, improvements, processes, formulae, receipts, techniques, designs, specification, drawings, technical information, methods, templates, test reports, component lists, manuals, instructions and catalogues.
1.14. Personal Information has the same meaning as those terms and phrases in the Privacy Act 1988 (Cth), as amended from time to time.
1.15. Privacy Statement means the Wiser Connections Privacy Statement on this Website: http://www.wiserconnections.com.au/website/privacy.
1.16. Registered User means a user with access to the online platform determined by fulfilling eligibility criteria set by Wiser Connections in order to be accepted as registered.
1.17. Services means the services supplied by Wiser Connections.
1.18. Supplier(s) means an IT professional(s) whether an individual or organisation that provides IT services.
1.19. Terms and Conditions means these Terms and Conditions herein, including the Disclaimer, the Copyright Statement, the Intellectual Property Statement, and the Privacy Statement.
1.20. User means any visitor or viewer of the Website whether an individual or an organisation.
1.21. User Registration Request means a request to be nominated as a registered user on the online platform through the submission of approved forms and templates provided by Wiser Connections.
1.22. Website means the/this website http://www.wiserconnections.com.au.
1.23. Wiser Connections is a trading name of Weiser Australia Pty. Ltd. (ABN 84 136 475 039) and includes its principals, directors, officers, agents, employees and/or authorised representatives.
2.1. You accept that a contract is formed upon submitting a User Registration Request through the Website or directly to Wiser Connections.
2.2. By submitting a User Registration Request, you acknowledge that you have read and understand the Terms and Conditions and agree to be bound by same.
2.3. You also agree that by using the Website, the exclusions and limitations of liability, indemnities and warranties set out in the Terms and Conditions are reasonable.
2.4. You further agree that by using the Website, where the exclusions and limitations of liability, indemnities and warranties (not exhaustive) set out in these Terms and Conditions are inconsistent with each other, the exclusions, limitations of liability, indemnities and warranties, and the rights and interests of Wiser Connections prevail.
2.5. If you do not agree with that set out above, you must immediately cease using this Website.
3.1. Wiser Connections provides IT solutions to Registered Users through an online platform available on the Website.
3.2. The online platform is a forum where Registered Users can market and advertise open projects, services and obtain support and assistance in an exclusive IT only market.
3.3. Wiser Connections aims to connect like-minded individuals and businesses to IT professionals through an online platform using its industry expertise to provide tailored recommendations assessed in accordance with the customised Project Requests.
3.4. Wiser Connections’ Services include:
3.4.1. Connecting Registered Users through an online platform solely for IT services.
3.4.2. Listing of qualified and reputable IT professionals (including contact details) and for available IT projects.
3.4.3. Advertising and marketing of IT professionals and services, and specific projects that require IT services.
3.4.4. The WiseStart Process.
3.4.5. Providing consulting services to Users to plan, manage and implement IT services.
3.4.6. Access to and provision of other related services, including consulting services.
3.5. Wiser Connections’ Goods include:
3.5.1. Provision of industry specific guidelines to Users to assist in the provision of Services and IT services.
3.5.2. Provision of prescribed templates and approved forms to identify the nature and scope of Services and IT services.
3.6. Wiser Connections is not an employer or recruitment agency.
3.7. Wiser Connections maintains close and personal relationships with all of its Suppliers who we regard as reputable and share our values of providing a high quality Services at a reasonable price.
3.8. Wiser Connections may provide consultancy and other related Services upon request from time to time by prior arrangement for a fee.
4.1. A User may submit a User Registration request to the online platform.
4.2. A User Registration request does not guarantee approval as a Registered User.
4.3. A User must meet/fulfil the eligibility criteria determined by Weiser Connections in its sole discretion from time to time in order to become a Registered User.
4.4. A User submitting a User Registration request will be subject to reference checking and approval by Wiser Connections in its sole discretion prior to being approved for inclusion in the published list of Suppliers.
4.5. User Registration Fees are charged according to the User category and Services provided by Weiser Connections in accordance with clause 10, whereby:4.5.2. A User submitting a User Registration request as a Supplier will attract an annual Fee upon approval for inclusion in the published list of Approved Suppliers. Annual subscriptions are valid for 12 calendar months from the date that access to the online platform is granted by Wiser Connections.
5.1. All Registered Users to the online platform warrant that their contact details are up-to-date and current.
5.2. All Registered Users consent to the use of nominated contact details being made available by Wiser Connections to other Registered Users on the online platform.
5.3. All Registered Users consent to Wiser Connections conducting annual reference checks in relation to their business and services to verify their reputation and professionalism.
5.4. Wiser Connections reserves the right to remove revoke access to the Website and remove details of Registered Buyers and Suppliers from its Website in its sole discretion.
6.1 The WiseStart Process consists of the following services provided by Wiser Connections to the Buyer:
6.1.1. Consultation with the Buyer to determine the needs of the Buyer that may be met by a Supplier
6.1.2. Preparation, quality review and publication of a Project Request.
6.1.3. Invitation to approved Suppliers to respond to the Project Request.
6.1.4. Evaluation of Project Request responses.
6.1.5. Written report to the Buyer listing recommended short-listed Suppliers.
6.1.6. Selection of a Supplier after receiving the written evaluation report is the sole responsibility of the Buyer.
6.2. Fees for the WiseStart Process are charged in accordance with clause 10, whereby:
6.2.1. Engagement of a Supplier’s services following selection by the Buyer will attract a Fee payable by the Supplier.
6.2.2. Fees payable to Wiser Connections are calculated as a percentage of the fees and charges quoted in the Supplier responses only. There are no trailing commissions.
6.2.3. A cancellation fee is payable by the Buyer if the Buyer elects to withdraw the Project Request after it has been published to Suppliers, or if the Buyer does not engage a Supplier recommended in the evaluation report within three (3) months of the report being provided to the Buyer.
6.3. Additional assistance to the Buyer from Wiser Connections are consulting Services and not included in the Fee charged to provide the WiseStart Process.
7.1. All Project Requests must be submitted in the Wiser Connections prescribed templates and/or approved forms as determined by Wiser Connections from time to time, in accordance with its published guidelines.
7.2. Submission of each Project Request by a Buyer for a project to post to the online platform is free of charge.
7.3. All Project Requests are prepared by and subject to a quality assurance review by Wiser Connections and must meet our quality standards before they will be approved for publication to the Website.
7.4. Project Requests are published and posted to the Website entirely at the discretion of Wiser Connections.
7.5. Wiser Connections reserves the right to reject Project Requests which are deemed to be unsuitable for publication.
7.6. Project Requests are valid and advertised for no longer than 6 weeks from the date that Wiser Connections posts/publishes the Project Request to the online platform.
7.7. Suppliers which the Buyer wishes to invite to respond to Project Requests must be Registered and Approved Suppliers.
7.8. All responses to Project Requests must be submitted in the Wiser Connections’ prescribed templates and/or approved forms as determined by Wiser Connections from time to time, in accordance with its published guidelines.
7.9. All responses to Project Requests must be submitted directly to Wiser Connections.
8.1. Wiser Connections may provide a recommendation of suitable Suppliers to a Buyer for a Fee upon posting of a Project Request to the online platform.
8.2. Registered Users may in their absolute discretion choose whom they wish to engage for the provision or receipt of services as advertised/marketed through the online platform.
8.3. Wiser Connections is not responsible for the engagement of services facilitated through the online platform.
8.4. All Registered Users acknowledge and agree that if they engage another Registered User to supply the services required for a Project Request, no privity of contract is formed on the part of Wiser Connections in this engagement.
8.5. The engagement of services between Registered Users is a separate independent agreement formed directly between that Buyer and the Supplier in relation to that project.
8.6. All agreements formed between Buyer and Supplier in relation to a project are subject to the terms and conditions as agreed upon by the parties to that agreement.
8.7. Wiser Connections is not responsible for performance or supply of services pursuant to connections made through the online platform.
8.8. By providing Wiser Connections with an advertisement or marketing material, you consent to Wiser Connections:
8.8.1. Uploading the advertisement or marketing material on the Website;
8.8.2. Modifying the advertisement or marketing material to meet the Website’s technical requirements;
8.8.3. Storing and transmitting the advertisement or marketing material in to a PDF form;
8.8.4. Acting in accordance with the Privacy Statement; and
8.8.5. Acting in any other reasonable manner necessary for Wiser Connections to carry on its day to day operations.
All Users and Registered Users warrant that any and all material and information supplied to Wiser Connections by way of electronic transmission are:
9.1. Free from computer virus and other malevolent software;
9.2. Free from profanity, hateful, discriminatory or other foul language;
9.3. Up-to date and ready for uploading and/or posting to the website;
9.4. Compliant with the Website’s technical requirements as advised by Wiser Connections;
9.5. Free from links to third parties and hyperlinks, unless prior written consent to including same has been provided by Wiser Connections;
8.6. Not an advertisement for a project(s) which is/are illegal in either the jurisdiction where the project(s) is/are proposed to be performed nor within Australia;
9.7. Compliant with all State and Federal legislation, regulations, by-laws, ordinances and codes of conduct.
10.1. Wiser Connections has no involvement or responsibility in relation to fees charged between a Business and Supplier.
102. A User and/or Registered User agrees to pay the Fees charged by Wiser Connections as described in the Fee Schedule herein or as otherwise stated on the Website.
|Supplier Annual Fee for listing or advertisement as registered Supplier:||$49.50 (incl GST).|
|Supplier Engagement Fee payable by a Supplier on selection and engagement by a Buyer following a recommendation from the WiseStart Process:||7.5% of Supplier fees and charges over three (3) years as quoted in the Supplier response to the Project Request, with minimum fee of $495.00 (incl GST).|
|Buyer Cancellation Fee payable by a Buyer on undertaking the WiseStart Process and not engaging a recommended Supplier
within a three (3) month period:
||$990.00 (incl GST).
|Consulting Service Fees:
||Advised in writing before commencement of each engagement.|
10.3. All Fees stated are in Australian Dollars (AUD) and inclusive of GST.
10.4. Wiser Connections will provide you with a tax invoice either before, at the time of, or after payment of a Fee.
10.5. All Fees and charges payable to Wiser Connections are due and payable in the time period set out on the Website at the time a payment is processed or alternatively, within 14 days of the date of the invoice, whichever is earlier, unless otherwise agreed in writing.
10.6. Payment of all Fees may be made by any of the methods stated on the Website from time to time or as stated on an invoice rendered to you.
10.7. You acknowledge and agree that all payments must be received in clear funds by Wiser Connections before any Goods or Services will be provided by Wiser Connections, unless otherwise agreed in writing.
10.8. Any special offers or discounts offered by Wiser Connections in any form are at the sole discretion of Wiser Connections and may be revoked at any time without notice.
10.9. Wiser Connections reserves the right vary its charges annually, usually before 30 June, with any variations to take effect from 1 July of that year without prior notification.
10.10. By making a payment to Wiser Connections, you warrant that you have the authority and legal capacity to enter into a contract on behalf of that User where it is a business or organisation.
10.11. Failure to pay in accordance with this clause 9 will result in Wiser Connections instituting debt recovery proceedings against you.
10.12. You agree to indemnify Wiser Connections for any costs incurred as a result of the debt recovery proceedings.
10.13. In the event that Wiser Connections determines to terminate the agreement between itself and you in accordance with clause 10 herein, Wiser Connections reserves its right to retain any Fees and charges paid to Wiser Connections and in this respect, Wiser Connections retains its discretion to refund all other Fees and charges paid in advance on a pro-rata basis.
10.14. Wiser Connections reserves the right to charge interest at an amount equal to two (2) percentage points (%) above the Reserve Bank cash rate target as published from time to time, per annum, on any amount/invoice that is not paid within thirty (30) days of the due date of that amount/invoice.
In the event of default and/or breach of any of the conditions, obligations or provisions of these Terms and Conditions, Wiser Connections may at any time and in Wiser Connections’ sole discretion without any prior notice to you:
11.1. Immediately issue a written warning to you in respect of the default/breach;
11.2. Request that you remedy the default/breach within the time period stipulated in the written notice;
11.3. Temporarily or permanently suspend your access to all or parts of the online platform through the Website;
11.4. Remove any Project Request posted on the online platform;
11.5. Remove any listing of your contact details, services and expertise; and/or
11.6. Terminate the agreement and your right to use/access the Website.
Wiser Connections shall not be responsible for any delay, suspension or failure arising out of any and all circumstances outside our control, including but not limited to acts of God, governmental actions, strikes, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, or an act or omission of a third party whether it be with respect to obtaining the necessary materials, information or instructions to complete or provide the relevant task or service, the failure of performance by others, internet interruption or virus, accidents or breakdown of machinery, software, hardware or communication network.
13.1.1. Wiser Connections reserves the right to amend, modify, change, add, and/or remove any part of these Terms and Conditions in its sole discretion and that any such amendment will bind you from the date of the publication on the Website.
13.1.2. Wiser Connections reserves the right to modify, change, add, and/or remove any (but not limited to) content and/or features of the Website or the provision of Wiser Connections Goods and/or Services on the Website without prior notice to you.
13.2. Governing Law and Jurisdiction
13.2.1. The Terms and Conditions and/or use of the Website shall be governed by the laws of the State of South Australia and the Commonwealth of Australia.
13.2.2. By using the Website you submit to the non-exclusive jurisdiction of the Courts of South Australia and any courts that may hear appeals from those courts in any proceeding. Any proceedings brought in the Federal Court of Australia must be commenced in its South Australian District Registry.
13.2.3. Use of this Website is unauthorised in any jurisdiction that does not give effect to all provisions of the Terms and Conditions.
To the extent permitted by law, and subject to non-excludable liabilities for breach of conditions or warranties, whether express or implied by legislation, (in particular the Australian Consumer Law) and subject to any other applicable Laws, you agree to indemnify Wiser Connections and its principals, directors, officers, agents, employees and/or authorised representatives against all claims, suits, demands, damages, liabilities, costs or expenses arising in any way out of or in any way connected to your use of this Website.
These Terms and Conditions do not create a relationship of principal and agent, employer and employee, partnership or joint venture between Wiser Connections, any of its principals, directors, officers, agents, employees and/or authorised representatives and you.
If any part of these Terms and Conditions are judged invalid, unlawful or unenforceable for any reason whatsoever by a Court of competent jurisdiction, such invalidity or unenforceability or illegality will not affect the operation, construction or interpretation of any other provision of these Terms and Conditions; to the extent that the invalid or unforeseeable or illegal provisions will be treated for all purposes separate from these Terms and Conditions.
Any failure or delay in Wiser Connections enforcing or partially enforcing any provision of these Terms and Conditions is not a waiver of Wiser Connections’ rights pursuant to these Terms and Conditions, at law or in equity.