This policy (together with our Website Privacy Policy and any other documents referred to in it) sets
out basis on which BWD, Clients and Users of Projects One Safety Online and all other BWD services
must comply.

Definitions


1.  These terms and conditions, unless a contrary intention appears:

  • Words importing the singular includes the plural and vice versa.
  • The obligations of the parties described in this deed are joint and several and bind the
    executors, administrators, successors and assigns.
  • Any references to statutes, regulations, ordinances or bylaws including all statutes,
    regulations, ordinances or bylaws amending, consolidating or replacing them.
  • “BWD” means Group of Diamonds Pty Ltd ACN 619272 123 ABN 53 619 272 123; trading
    as Business with Diamond and Projects One Safety Online
  • “Client”, “you” and/or “your” means all businesses or individuals registered with a BWD
    service.
  • “Our Site”, means all BWD websites, web applications and mobile applications.
  • ‘Confidential Information’ includes, and is not limited to, any trade secrets, inventions,
    information, data, processes, specifications, reports, financial plans and data, technology,
    know-how, records, statistics, management systems, business plans, computer software,
    user or operational manuals, client details, property details, Client’s personal information
    or other things relating to the property or affairs of the Client.

Scope

2. This Policy applies to all BWD clients and users of Projects One Safety Online, including mobile applications, websites and online services.

3. BWD may offer services to Clients at ‘no charge’ including trial use (Beta Service):

  • These terms and conditions apply to ‘no charge’ services.
  • Are subject to additional terms specified.
  • BWD reserve the right to terminate at any time for any reason at the sole discretion of BWD with or without notice to you.
  • You agree that BWD will not be liable to you or to any third party for any harm related to, arising out of, suspension, discontinuance, modifications or malfunctions to any of the Beta Services for any reason.

Fees, Payments and Renewal

4. Projects One Safety Online is available under various subscription plans.

  • Your subscription will be automatically renewed at the end of each subscription period.
  • Renewal of your subscription will be for periods equal to your initial term at the current rate.
  • The subscription fee will be charged to the credit card last used by you.
  • If you wish to change your credit card details, please use the Zoho Subscription portal supplied to you at the beginning of your subscription.
  • If you do not wish to renew the subscription, you must inform BWD prior to the renewal date.
  • If you cancel, your subscription will terminate at the end of the current billing period.
  • No credit or refunds for amounts accrued or paid prior to the termination.

5. In the event the client requires BWD to provide goods and services that are outside of the scope of the Projects One Safety Online system, BWD will provide the services at an hourly rate or rate per document.

6. In the event the client fails to pay the Projects One Safety Online subscription, or any other monies are owing to BWD by the Client, BWD reserves its rights to suspend, restrict or cancel the Client’s access to Projects One Safety Online accounts. Access to BWD’s Projects One Safety Online accounts for the Client will be reinstated once the subscription fee and any other monies owing to BWD are paid in full.

  • Objection to suspensions, restrictions or cancellations to user accounts should be made to bwd@businesswithdiamond.com.au within thirty days of being notified about the suspension.

7. BWD may change the price of any service at any time. BWD will notify Clients via email or notifications through the system of changes to fees for products or services.

Cooling off Period

8. This agreement is subject to a 7 day cooling off period in which the Client may terminate this agreement by written notice to BWD (“Cooling Off Period”).

9. The Cooling Off Period commences on the date BWD receives payment of the first Projects One Safety Online Weekly Fee. No Cooling Off Period is available for services supplied through an hourly rate or rate per document.

GST

10. For the purpose of this clause:

  • “GST Act” means A New Tax System (Goods and Services Tax) Act 1999.
  • GST and taxable supply have the meanings given to those terms in the GST Act.

11. If GST applies because there is a taxable supply, or a related taxable supply made pursuant to the terms of this agreement, any money payable under this agreement by the Client to BWD will be increased by the amount of GST payable on the amounts as if these amounts represent the value of the taxable supply for the purposes of the GST Act in respect of each payment due. Under this agreement BWD must provide the Client with a tax invoice for that payment.

Release and Indemnity

12. To the full extent permitted by law, the Client releases and discharges BWD from any and all claims, demands, costs, losses and liabilities arising directly or indirectly out of this agreement, the provision of services by BWD to the Client and the provision of goods and services by a third party to the Client.

13. The Client indemnifies BWD from and against any and all claims, demands, costs, losses and liabilities arising out of or in connection with this Agreement, the services provided by BWD to the Client and the provision of goods and services by a third party to the Client.

14. The client warrants that all information it provides to BWD is true and correct. BWD will not be responsible to the Client for any errors or mistakes in any document prepared by BWD.

Third parties

15. When requested by the Client, BWD may arrange for third parties to provide goods and services to the Client.

16. The Client is responsible for any costs and expenses of any third party engaged by BWD on behalf of the Client.

17. Any costs incurred by the Client from a third party are to be directly invoiced from the third party to the client.

18. BWD are not responsible to the Client for any poor workmanship, service or product provided by a third party.

19. BWD will not receive any commission from a third party for recommending a product or service to the Client.

Termination

20. In the event:

  • The Client breaches any term of this Agreement.
  • Any monies due and payable by the Client to BWD remain outstanding for a period of 14 days.
  • Any monies due and payable by the Client to a third party engaged by BWD remain outstanding for a period of 14 days.
  • The Client becomes bankrupt, becomes insolvent, enters administration, or enters into a compromise or arrangement with its creditors.
  • The Client frustrates this agreement by failing to provide instructions and specific information in a timely manner to BWD.
  • The Client, it’s employees or agents are abusive to BWD, BWD may terminate this agreement by providing written notice to the Client.
  • The Client, it’s employees or agents must not bring into disrepute or otherwise damage the name or goodwill of BWD, its image or corporate identification.
  • BWD may suspend or cancel a Client’s account in the event of suspected illegal activity
  • BWD may suspend or cancel a Client’s account in the event BWD has reasonable belief that the terms and conditions have been violated.
  • Termination or cancellation of a Client’s account will include denial of access to all services, deletion of information in your user account such as your email address and password and deletion of all data in your user account.
  • The Client has the right to terminate their account if BWD breaches its obligation under these Terms and conditions. In such an event you will be entitled to a prorated refund of any prepaid fees.

Exclusions

21. BWD:

  • Are not responsible for meeting the Client’s safety requirements in any form
  • Will not plan construction projects or organise for other tradespersons to work onsite
  • Do not provide the Client with any bookkeeping, payroll or tax advice
  • Do not guarantee business growth or success for the Client.

Confidentiality

22. BWD agrees and always undertakes not to disclose to any third party any Confidential Information acquired as a direct or indirect result of this agreement with the Client at any time during the Term and following the termination of this Agreement without the consent of the Client.

  • Please read the BWD Website Privacy Policy for further information

23. The Client agrees and undertakes not to disclose to any third party any Confidential Information acquired as a direct or indirect result of this agreement with BWD at any time during the Term and at all times following the termination of this Agreement without the consent of BWD.

Intellectual Property Rights

BWD owns all intellectual property rights for Projects One Safety Online.

Miscellaneous

24. BWD reserves its rights to vary these terms and conditions and the packages at its sole discretion.

25. BWD cannot consider the individual circumstances for each client and the Client must determine if each product is suitable for his/her/its individual circumstances.