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SafeScan - Terms and conditions

For use by Principal Contractors when implementing HIA SafeScan.

SafeScan - Terms and conditions

For use by Principal Contractors when implementing HIA SafeScan.

HIA SafeScan agrees to carry out the services described below:
Parties to agreement
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Housing Industry Association (HIA)

HIA SafeScan team:

Principle Contractor: Business implementing HIA SafeScan (QR Code Form Product)

QR codes
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1. General
  • ii. They are a subscription product.
    • The 12 month subscription period commences upon receipt of QR Code graphics.
    • Refunds are not provided for cancellation part way through the subscription period.
  • iii. Any significant alterations that are required to the content of the selected template/s as provided for trialling purposes, will be subject to one-off development costs priced at $185.00 (incl. GST) per hour.
  • iv. Any accessible or linked documents are required in PDF format.
2. Common inclusions
  • i. QR Codes can be purchased and accessed individually. Where 2 or more QR Code profiles are purchased, they are provided (accessed) via a single QR Code “Landing Page” which is not charged for. This provides for a single entry point from which to select the required activity. The landing page is only included at no cost when all 2 (or more) QR Codes are purchased at the same time.
    • Only one free primary landing page is included.
    • Where additional (secondary) landing pages are required, these are charged at the $114.00 rate.
    • Only one free landing page is included.
    • Where additional landing pages are required, these are charged at the $114.00 rate.
  • ii. Business logo, generic contact person/s and contact number/s.
  • iii. Employee/Contractor QR Code introduction/information letter.
    • Includes business logo and details and QR Code application.
  • iv. QR Code graphics file for printing.
    • Landing page image only where included.
  • v. Provision on those QR Codes as required, for access to the Principle Contractor’s cloud based document repository (Drop Box or similar) if required.
    • Employee SWMS, SDS, themed tool box talks etc.
  • vi. Provision for unlimited user acknowledgement details including signatures.
  • vii. Provision for image uploads from camera roll for applications where applicable upon request.
  • viii. Unlimited email recipients entered by the user in addition to set/default email recipients.
3. Common exclusions
  • i. The inclusion, creation, provision, development, review or amending of any associated documents linked or attached to the QR Codes are the responsibility of Principle Contractor unless specified otherwise. (Employee SWMS, SDS, themed tool box talks etc.)
  • ii. Amending the content (questions), layout or structure of the QR Code form once finalised - refer to 1 (iii).
Time for delivery of services
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The services will be scheduled within 30 days of acceptance and payment of the invoice for a time agreed to by both parties.

Delivery of service
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HIA Safety Services may utilise other personnel or contractors in fulfilling the obligations under this agreement.

Payment conditions
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The Principle Contractor will pay 100% of costs identified before commencement and delivery of the service.

Where the cost agreement is for specified work to be carried out on an ongoing basis, for a specified period (i.e. monthly) the amount specified per period is to be paid at the completion of the work for each period (Refer also Annexure A where applicable)

Unless otherwise stated, payment is to be made within 14 days of invoice or by completing the payment details below.

Reporting
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Housing Industry Association (HIA) will provide appropriate reports as specified in the Schedule in an appropriate form.

Confidential information
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The parties agree to keep confidential all information regarding this agreement except as required for preparation of legal, accounting or other such purposes.

Independent contractor
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Housing Industry Association (HIA) renders the services to the Principle Contractor as an independent contractor and nothing arising from the subject matter of this agreement is to give rise to an employment relationship between the parties.  The agreement does not preclude, prevent or limit HIA Safety Services from working with other clients.

Extension of term
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The terms of this agreement may be extended by mutual agreement by the parties. The parties may agree to extend the terms of this agreement giving 14 days’ notice in writing. If no agreement is reached within 14 days regarding the extension and changed terms, then this agreement will automatically expire on the expiry date.

Termination
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Parties not in breach may terminate this agreement by giving of 14 days written notice to the other party.

Notwithstanding the above, the Principle Contractor may terminate the services at any time for non-performance or other breach of this agreement after first providing Housing Industry Association (HIA) reasonable opportunity to rectify the breach.

Should the contract be terminated for any reason, the Principle Contractor will be liable to pay:

  • any amounts then due but unpaid
  • for services carried out up to and including the date of termination which are not included in a previous claim, and
  • the cost of material and equipment reasonably ordered by Housing Industry Association (HIA) for carrying out the services.
Entire agreement
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This agreement supersedes all other contracts, arrangements and understandings between the parties whenever made with respect to this project.

Jurisdiction
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This agreement is governed by the laws of the relevant state or territory with Australia. The parties agree to submit to the exclusive jurisdiction of the courts of Australia for the settlement or adjudication of any disputes arising out of this agreement.

Travel expenses
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Services being provided where the travel distance is in excess of 200km from HIA’s provisioning office will incur additional travel and/or accommodation costs.

  • Accommodation costs are $250 per night.
  • Additional travel costs are equivalent to that of an economy class return flight.
HIA Safety Services products
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Products and services delivered by Housing Industry Association (HIA) do not in any way constitute an endorsement, approval or verification of the Principle Contractor’s products and/or services. The Principle Contractor, its servants or agents agree that they will not in any way promote, claim or imply that Housing Industry Association (HIA) has endorsed, approved or verified their organisation, products or services. In addition, Housing Industry Association (HIA) accepts no responsibility for any injury, loss, or damage suffered arising from or in purported reliance on the services provided by it under this agreement.

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