1. Parties

This Agreement is between:

Employield
ABN 93 966 972 320
Australia
Email: [email protected]

(“Employield”, “we”, “us”, “our”)

and

The organisation or legal entity subscribing to the Employield platform (“Customer”, “you”, “your”).

2. Services

Employield provides a cloud-based software platform designed to support employee management, performance management, engagement, learning, reporting, and related organisational functions (“Services”).

The Services are delivered on a software-as-a-service (SaaS) basis within Australia.

3. Subscription Fees and Billing

3.1 Pricing

Subscription fees are:

$10 AUD per active employee per month.

Fees:

Are exclusive of GST.

Do not include payment processing fees charged by Stripe.

Are calculated based on the number of active employees recorded in the system.

An “active employee” is any user profile enabled within the platform during the billing period.

3.2 GST

All fees are exclusive of GST. GST will be added in accordance with Australian tax law where applicable.

3.3 Payment Processing Fees

Payments are processed through Stripe.

Stripe processing fees are payable by the Customer and will be added to the subscription charges where applicable.

Employield does not store full credit card details.

3.4 Billing Cycle

Subscription fees are billed monthly in advance unless otherwise agreed in writing.

Failure to pay fees when due may result in suspension or termination of access.

4. Free Trial

Employield may offer a one (1) month free trial.

During the trial period:

Full platform access may be provided.

No subscription fees apply.

At the conclusion of the trial:

The Customer must subscribe to continue access; or

Access may be suspended or terminated.

Employield reserves the right to modify or withdraw trial offers at its discretion.

5. Referral Incentive

Employield offers a referral incentive subject to the following conditions:

If a Customer refers another organisation that successfully implements Employield and becomes a paying subscriber, the referring Customer will receive three (3) months of subscription free of charge.

The free months apply to subscription fees only.

GST and Stripe processing fees remain payable.

The referral incentive may only be redeemed once per Customer.

Eligibility is determined at Employield’s discretion.

Employield reserves the right to modify or discontinue the referral program at any time.

6. Customer Responsibilities

The Customer agrees to:

Ensure all data uploaded to the platform is accurate and lawfully obtained.

Comply with the Privacy Act 1988 (Cth).

Inform employees that their information is being processed via the platform.

Maintain confidentiality of login credentials.

Restrict platform access to authorised personnel.

The Customer is responsible for all activities conducted under its account.

7. Data Ownership and Control

All organisational and employee data entered into the platform remains the property of the Customer.

Employield:

Does not claim ownership of Customer data.

Acts as a service provider / data processor.

Will not use Customer data except to provide the Services.

8. Data Hosting and Security

Employield hosts data using DigitalOcean in Sydney, Australia.

Employield implements reasonable technical and organisational security measures including:

Encrypted data transmission (SSL/TLS)

Role-based access controls

Secure authentication procedures

Infrastructure monitoring and logging

While reasonable safeguards are in place, no system is completely secure. The Customer acknowledges inherent internet risks.

9. Privacy

Employield’s Privacy Policy forms part of this Agreement.

Where Employield processes employee information:

The Customer remains the data controller.

Employield acts as a data processor.

The Customer is responsible for complying with workplace privacy obligations.

10. Acceptable Use

The Customer must not:

Use the platform for unlawful purposes.

Upload malicious software.

Attempt unauthorised access.

Reverse engineer or copy the software.

Interfere with system integrity or security.

Employield may suspend access where misuse is detected.

11. Intellectual Property

All intellectual property rights in the Employield platform, including software, design, branding and underlying systems, remain the property of Employield.

This Agreement grants a limited, non-exclusive, non-transferable licence to use the Services during the subscription term.

No ownership rights are transferred.

12. Service Availability

Employield aims to maintain high service availability but does not guarantee uninterrupted access.

Scheduled maintenance may occur.

Employield is not responsible for outages caused by:

Internet service providers

Cloud hosting infrastructure

Third-party services

Events beyond reasonable control

13. Limitation of Liability

To the maximum extent permitted by law:

Employield’s total liability arising out of or in connection with the Services is limited to the total subscription fees paid by the Customer in the 12 months preceding the claim.

Employield is not liable for:

Indirect or consequential loss

Loss of profits

Loss of revenue

Loss of business opportunity

Nothing in this Agreement excludes rights under the Australian Consumer Law.

14. Indemnity

The Customer indemnifies Employield against claims arising from:

Unlawful use of the platform

Breach of privacy obligations

Incorrect or misleading data entered into the system

15. Termination

Either party may terminate this Agreement:

On 30 days written notice; or

Immediately for material breach.

Upon termination:

Access to the platform will cease.

Outstanding fees remain payable.

Data export options may be provided subject to technical capability and reasonable request.

16. Suspension

Employield may suspend access where:

Payment is overdue.

Security concerns arise.

Acceptable use breaches occur.

17. Force Majeure

Employield is not liable for failure to perform obligations due to events beyond reasonable control, including:

Natural disasters

Government action

Network failures

Cyber incidents

18. Governing Law

This Agreement is governed by the laws of Victoria, Australia.

The parties submit to the exclusive jurisdiction of the courts of Victoria.

19. Amendments

Employield may update these Terms from time to time.

Updated versions will be published on the website.

Continued use of the platform constitutes acceptance of updated terms.

20. Contact Details

Employield
ABN 93 966 972 320
Australia

Email: [email protected]
Website: www.employield.com.au