Operator: Employi Pty Ltd (ACN 674 402 816), Stafford QLD 4053 (“Employi”, “we”, “us”).
Site & Service: www.employi.com.au and the Employi recognition platform (the “Service”).
Business Use: These Terms apply to business and organisational customers only.
1. Acceptance and Order of Precedence
By creating an account, signing an order form, or using the Service, the customer entity (“Customer”, “you”) agrees to these Terms. If there is any conflict, the following order of precedence applies:
Any signed Order Form or Software Licence Agreement.
These Terms.
Any referenced policies such as the Privacy Policy or Acceptable Use Policy.
2. The Service
Employi provides a digital employee recognition platform to help companies build strong workplace cultures.
The Service includes integrations (for example Slack) and features described in the Order Form or on our website.
We may update or improve the Service at any time provided that we do not materially reduce core functionality during an active subscription term.
3. Accounts and Responsibilities
You must keep login credentials confidential and ensure only authorised users access the Service.
You are responsible for your users’ actions and compliance with these Terms.
4. Subscription, Term and Renewal
The initial subscription term is twelve (12) months unless otherwise stated.
Subscription fees are billed annually in advance based on headcount at the time of signing. If your headcount increases, fees are adjusted at renewal.
Subscriptions automatically renew for additional twelve-month periods unless either party gives written notice of non-renewal at least thirty (30) days before the current term ends.
Upgrades (additional users or feature tiers) may occur at any time and will be billed pro-rata for the remaining term.
Downgrades take effect only at renewal.
Trial or beta features are provided “as is” and without warranty.
5. Fees, Invoicing and Payment
Fees are set out in your Order Form or on our website and exclude GST unless otherwise indicated.
Invoices are issued annually and must be paid within thirty (30) days.
If payment is not received, Employi will send two reminders. Accounts overdue by sixty (60) days may be suspended until payment is made.
Employi may update pricing for renewals with thirty (30) days’ notice.
Fees are non-refundable except as required under the Australian Consumer Law (ACL) or if Employi ceases to provide the Service.
6. Data, Privacy and Security
You own all data submitted through the Service. You grant Employi a non-exclusive licence to process, store and display that data only to deliver the Service.
Employi handles personal information in accordance with its Privacy Policy and the Australian Privacy Principles.
Data is hosted on Amazon Web Services (AWS) in Australia and protected using commercially reasonable security measures including encryption and access controls.
Employi may use aggregated or de-identified data for analytics and product improvement.
7. Support, Maintenance and Uptime
Support is available by email at support@employi.com.au.
Support hours are Monday to Friday 9 am to 5 pm AEST.
Employi may perform scheduled or emergency maintenance as required.
The Service is provided on a commercially reasonable efforts basis for uptime and performance.
8. Acceptable Use
You must not do any of the following:
Probe, scan or breach security of the Service.
Overload or interfere with performance.
Copy, modify or reverse engineer the Service.
Upload unlawful or harmful content.
Harass, spam or impersonate others.
Use the Service in breach of any law.
Employi may suspend accounts for violations of this section.
9. Confidentiality
Each party must keep the other party’s non-public information confidential and use it only to perform under these Terms.
10. Intellectual Property
Employi and its licensors retain all intellectual-property rights in the Service.
No ownership is transferred to you.
Feedback you provide may be used by Employi without restriction.
11. Third-Party Services
The Service may interoperate with third-party products such as Slack, Stripe and DocuSign. Employi does not control those services and is not responsible for their availability or terms of use.
12. Warranties and Disclaimers
Employi warrants that it will provide the Service with reasonable skill and care.
Except for this warranty and rights under the ACL, the Service is provided “as is”. All other warranties are excluded.
13. Limitation of Liability
Nothing in these Terms excludes your rights under the ACL.
Employi’s total aggregate liability in any twelve-month period is limited to the fees paid by you for that period.
Neither party is liable for indirect or consequential losses including loss of profit, goodwill or data.
14. Indemnities
You indemnify Employi for claims arising from your data, breach of these Terms or misuse of the Service.
Employi will indemnify you for third-party claims that the Service infringes intellectual-property rights, provided you notify us promptly and allow Employi to manage the defence.
15. Suspension and Termination
Employi may suspend access for overdue payments, security risks or breach of these Terms.
Either party may terminate for material breach not remedied within thirty (30) days of written notice.
On termination or expiry: all unpaid fees become due; access is revoked; and Employi will retain Customer Data only for a limited period before secure deletion in accordance with its retention policy.
16. Publicity
Employi will seek your written permission before using your name or logo in marketing materials or case studies.
17. Force Majeure
Neither party is liable for delay or failure to perform caused by events beyond reasonable control.
18. Governing Law and Jurisdiction
These Terms are governed by the laws of Queensland, Australia. The courts of Queensland have exclusive jurisdiction.