Legal

For easy reference, we've put our Terms of Use, Privacy Policy, and Standard Terms and Conditions of Service here.

Terms of Use

This section lists the Terms of Use of the ISOsafe website.

About this Website
This is a website operated by ISOsafe Pty Ltd (ABN 47 610 102 415) (“ISOsafe”) under the domain name “www.ISOsafe.com.au” (“ISOsafe website”). The ISOsafe website is operated on behalf of ISOsafe and its related bodies corporate (together called “ISOsafe Group”).

Your dealings with ISOsafe and the use of information, graphics and materials on the ISOsafe website (“Material on this website”) is governed by these Terms of Use and the Privacy Policy. In addition to the terms contained on this page, there are also specific terms which form part of the Terms of Use and govern your use of, and access to, certain sections of the ISOsafe website. Since you are also bound by these additional terms, you should review them wherever they are accessible by you on the ISOsafe website.

Links to other Websites
The ISOsafe website may contain links to other websites operated by third parties (“Third Party websites”). ISOsafe does not endorse, or approve of the operators of Third Party websites, or the information, graphics and material on those Third Party websites (“Third Party Material”).

Subject to any applicable law which cannot be excluded, ISOsafe makes no warranties or representations in relation to:
•    the quality, accuracy, merchantability or fitness for purpose of Third Party Material or products or services available through Third Party websites; or
•    Third Party Material infringing the intellectual property rights of any person. ISOsafe is not authorising the reproduction of Third Party Material by linking Material on this website to Third Party Material.

When you follow a link on the ISOsafe website, material at a Third Party website may be displayed in your browser framed by Material on this website. This material is also Third Party Material for the purposes of these Terms of Use.

All offers to sell and statements relating to goods and services available on Third Party websites are the responsibility of and given by the Third Party website operator. In so far as such offers and statements are made on the ISOsafe website, such offers and statements are made by the ISOsafe Group on behalf of the operator. The ISOsafe Group expressly disclaims acting in any other respect on behalf of Third Party website operators.

ISOsafe may receive payments from operators of Third Party websites in relation to goods or services supplied by the operator as a result of you linking to the Third Party website from the ISOsafe website.

ISOsafe Product Information and Supply
Material on this website may contain general information about ISOsafe Group products and services. Unless expressly stated otherwise, this information:
•    does not constitute an offer or inducement to enter into a legally binding contract; and
•    does not form part of the terms and conditions for ISOsafe Group products and services.

For further information about a particular product or service please complete the form on our “Contact Us” page.

Unless expressly agreed otherwise; products and services discussed in the “Our Services” section of the ISOsafe website will be provided only to Australian residents. These products and services are generally not available to non-Australian residents because they may not comply with non-Australian laws.

Warranties
While we have made every effort to ensure that information is free from error, ISOsafe does not warrant the accuracy, adequacy or completeness of Material on this website. All information is subject to change without notice. ISOsafe recommends that you seek independent advice before acting upon Material on this website or Third Party Material. ISOsafe does not guarantee that the ISOsafe website or Third Party websites will be free from viruses, or that access to the ISOsafe website or Third Party websites will be uninterrupted.

Limitation of Liability
Subject to any responsibilities implied by law and which cannot be excluded, ISOsafe and its related bodies corporate is not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever arising out of or referable to Material on the ISOsafe website or to Third Party Material, whether in contract, tort including negligence, statute or otherwise.

Liability of ISOsafe and any of its related bodies corporate for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at ISOsafe’s option to:
•    the supply of the goods or services again;
•    the repair of the goods; or
•    the payment of the cost of having the goods or services supplied again or repaired.

Termination
These Terms of Use (and the agreement constituted by your use of the information, graphics and materials on the ISOsafe website) and your access to the ISOsafe website may be terminated at any time by ISOsafe without notice. All restrictions, licences granted by you and all disclaimers and limitations of liability by ISOsafe will survive termination, however, you will no longer be authorised to access the ISOsafe website.

Copyright and Trademark
Copyright in the material on this website is owned or licensed by ISOsafe.

Except where necessary for viewing the Material on this website on your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these Terms of Use, no material on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of ISOsafe.

“ISOsafe”, and all associated trademarks, are trademarks of ISOsafe Pty Ltd.

Linking to ISOsafe Website
Please contact ISOsafe at enquiries@isosafe.com.au if you would like to place a link to any part of the ISOsafe website.

Acceptance and Changes to Terms of Use
You acknowledge and accept that your use of the ISOsafe website indicates your acceptance of these Terms of Use and the Privacy Policy.

These are the current Terms of Use. They replace any other Terms of Use for the ISOsafe website published on the ISOsafe website to date. ISOsafe may at any time vary the Terms of Use by publishing the varied Terms of Use on the ISOsafe website. You accept that by doing this, ISOsafe has provided you with sufficient notice of the variation.

ISOsafe reserves any rights not expressly granted in these Terms of Use.

Jurisdiction
Unless expressly agreed otherwise; the ISOsafe website is provided for use only by Australian residents. The law applicable to use of the ISOsafe website and to disputes arising out of the ISOsafe website is the law of the State of New South Wales, Australia. In the event that any ISOsafe website terms are deemed to be unenforceable under the law of the State of New South Wales, Australia, this will not affect the remainder of these website terms.

Privacy Policy

ISOsafe Pty Ltd (“ISOsafe”) respects people's privacy. All our staff are required to read this policy and understand their responsibilities when dealing with personal information.

In this policy:
•    personal information refers to any information or any opinion, whether true or not and whether recorded in a material form or not, from which an individual's identity is apparent, or can reasonably be ascertained; and
•    sensitive information refers to information about a person's racial or ethnic origin, political opinions or associations, religious beliefs or affiliations, philosophical beliefs, trade and professional memberships, sexual preferences or practices, criminal record or health, genetic or biometric information.

Our Privacy Principles
We are bound by the Australian Privacy Principles (APPs) in the Privacy Act 1988 (Cth) (Act). The APPs came into effect on 12 March 2014, when they replaced the National Privacy Principles, which applied previously under the Act. We have adopted internal policies and procedures to ensure that the personal information we collect, store, use and disclose is dealt with in accordance with the APPs. 

You can see the full text of the APPs online at http://www.oaic.gov.au/privacy/privacy-act/australian-privacy-principles.

Collecting personal information
We may need to collect personal information about you and others including names, addresses, phone numbers and other contact details, as well as details regarding directorships, shareholdings, employment history, bank account details, credit card information and tax file numbers. We may also collect details of the age, sex, hobbies and other personal information about you or others.

We may need to collect personal information so we can:
•    identify our clients, potential clients and their representatives;
•    identify parties with whom our clients have dealings;
•    identify any actual or potential conflicts of interest in acting for particular clients;
•    inform you or others of any initiatives we think may be of interest to you or them;
•    inform you or others of developments in the law and relevant business markets;
•    provide or offer you or others services or other benefits;
•    conduct our business and provide our services in a professional and efficient manner; and
•    develop and implement initiatives to improve our services.
 
If we are not provided with all the personal information we request, we may be unable to act for or do business with you or others.
 
Unless it is unreasonable or impractical, we will collect personal information directly from the individual concerned. However, an individual's representatives may hold personal information (eg, financial or bank account details or a credit reference) that we may need to access for particular dealings, or other purposes. Where we are at liberty to do so, we will use our best endeavours to seek an individual's consent before obtaining their personal information from third parties.
 
Personal information may be collected by us:
•    when we are contacted about our services, in person or over the telephone or Internet;
•    during the course of a dealing involving a client;
•    when we negotiate and enter into dealings; or
•    when we respond to an inquiry, where we consider personal details are required or appropriate to fulfil the query.
 
The personal information of our clients or their representatives will usually be recorded on the file concerning the matter in which the individual is involved or for which the personal information was collected and/or updated on our computer database.
 
Any additional purpose for which the information is collected (not included in this policy) will be identified when we collect the personal information, or as soon as practicable afterwards.

Collecting sensitive information
We may need to collect sensitive information about you or others for dealings.
 
Under the APPs, we are entitled to collect sensitive information about you or others for a number of reasons, including where the collection is reasonably necessary to establish, exercise or defend a legal or equitable claim.
 
Where we are required to and it is practicable to do so, we will seek your consent before collecting your sensitive information and inform you of the purpose at that time. Your consent to collection of your sensitive information may be implied in limited circumstances.

Use of personal information
We will use personal information:
•    to identify individuals and protect them from unauthorised access to their personal information, accounts or services;
•    to improve our services to you or others;
•    where reasonably required to provide compliance services that we are obliged to provide;
•    to inform you or others of our marketing initiatives;
•    to inform you or others of developments in the law and relevant business markets;
•    to derive or aggregate anonymous information from which individuals cannot be identified;
•    to prevent or lessen a threat to a person's life or health;
•    where disclosure is reasonably necessary for the establishment, exercise or defence of a legal or equitable claim;
•    for the purpose for which it was collected, or for a related purpose (or a directly related purpose in the case of sensitive information);
•    where the individual concerned would reasonably expect us to use the information;
•    where reasonably required to provide compliance services that we are instructed or obliged to provide; or
•    for any other purpose, where an individual has consented to its use for that purpose.

Disclosure of information
Except where indicated above, we will not disclose personal information to a third party unless:
•    the disclosure is for a primary purpose for which the information was collected;
•    the individual concerned has consented to the disclosure;
•    the third party is our agent or contractor, in which case we will require them to disclose and to use the personal information only for the purpose for which it was disclosed;
•    the third party is a person involved in a dealing or proposed dealing (including a sale) of all or part of our assets and business;
•    there are reasonable grounds to believe that disclosure is necessary to prevent or lessen a threat to your life or health or that of another person;
•    the disclosure is to a related body corporate;
•    the disclosure is reasonably necessary for the establishment, exercise or defence of a legal or equitable claim; or
•    the disclosure is permitted, required or authorised by or under law.

Information collected via our website
To ensure we are meeting the needs and requirements of our website users, and to develop our online services, we may collect aggregated information by using cookies.

Cookies are unique identification numbers like tags that are placed on the browser of our website users. The cookies do not in themselves identify users personally, but are linked back to a database record about them.
 
We may use cookies to track use of our website, and to compile statistics on visits to the site in an aggregated form and log anonymous information such as:
•    the address of a user's server;
•    a user's top level domain (such as .com or .au);
•    the date and time of a user's visit;
•    the pages a user accessed and downloaded;
•    the search engine a user used; and
•    the type of browser that was used.
 
When a user visits our site a cookie may be placed on their machine. Where a user has visited us before, the cookie may be read each time they re-visit the site.

We do not use this technology to access any other personal information of a user in our records and a user cannot be personally identified from a cookie.
 
If a user chooses not to have their browser accept cookies from our site, they are still able to view the text on their screens.

Marketing
We may use personal information to advise the individual concerned of new services and marketing initiatives that we think may be of interest to them. This may include newsletters, invitations to seminars or business functions, and general information about ISOsafe.
 
Those who prefer not to receive information about our services or seminars can contact our Privacy Officer and request to be removed from the relevant circulation list. Contact details for our Privacy Officer appear at the end of this policy.
 
We do not disclose personal information to a third party to enable that party to direct market their products or services to an individual, unless individuals have expressly consented to that disclosure. We may require written confirmation of a request to be removed from our circulation list, for example where legislation requires us to provide particular communications to the individual concerned.

Updating your information
We ask that you tell us of any changes to the personal information we hold about you. You may notify our Privacy Officer (whose contact details appear at the end of this policy) at any time to request that your personal information is amended or updated. We will then take reasonable steps to correct the information in the manner requested.
 
If we consider that the personal information we retain does not require amendment, we will annotate the request on our files.

Security
The protection of personal information is a priority for us.
 
We are committed to maintaining:
•    safeguards to protect personal information against unauthorised use, disclosure, access, interference, modification, destruction and accidental loss. All personal information we hold is dealt with in accordance with the APPs;
•    industry standards for the security and protection of information. Personal information is stored securely and access is restricted to authorised personnel only. Our computer systems require access passwords and these are kept secure by our personnel; and
•    internal policies on management of personal information and staff training to ensure compliance with these policies. All our staff are required to read this policy and understand their responsibilities regarding personal information.

Destruction of records
We will destroy or de-identify any personal information that we hold which is no longer needed for any purpose permitted by the APPs unless we are required by law to retain such personal information.

Access to personal information
We will generally allow an individual access to any personal information that we hold about them on request - subject to any restrictions on access. We will try to give the individual concerned access in a form and manner that suits their needs.

To request such access please contact our Privacy Officer. Contact details for our Privacy Officer appear at the end of this policy.

Restrictions on access
We are entitled to restrict access to personal information in accordance with the APPs.

You may not be allowed access to personal information we hold where access would reveal evaluative information generated by us in connection with a commercially sensitive decision-making process. Instead, we may give you an explanation for the decision, rather than direct access to the information.
 
If we have given you such an explanation and you believe that direct access to the evaluative information is necessary to provide a reasonable explanation of the reasons for the decision, we will, at your request, review the decision. Personnel other than the original decision-maker will conduct the review.
 
Wherever direct access by you is impractical or inappropriate, we should consider together whether the use of a mutually agreed intermediary would allow sufficient access to meet both our needs and concerns.
 
Other instances where it may not be appropriate to provide you with access to the personal information we hold, include where:
•    providing access would pose a serious and imminent threat to the life or health of any individual;
•    providing access would have an unreasonable impact upon the privacy of others;
•    the request for access is frivolous or vexatious; or
•    the information relates to an anticipated or existing legal dispute and disclosure would compromise our position or the position of others.

Charges for access
An individual will not incur charges for lodging a request to access personal information. However, we may levy a reasonable charge for providing access to that information. We will provide an estimate of any charge on request, or if it appears to us that the work will be onerous or otherwise warrants a charge.

Transferring information overseas
We may transfer personal information overseas if necessary for the conduct of a legal matter or for a business transaction or other dealing. We will take reasonable steps to ensure that an overseas recipient does not breach the APPs in relation to the disclosed personal information unless:
•    we reasonably believe that the recipient of the information is subject to legal obligations that uphold principles for the protection and fair handling of personal information that are substantially the same as the APPs;
•    we are given consent by the individual concerned to do so, expressly or by implication after they are expressly informed that the Act will not apply in relation to the management of personal information by the overseas recipient and the individual may not be able to seek redress under the Act; or
•    we are legally authorised or required to do so.

Changes to our policy
We may update or change this policy. When we do so, we will publish the current policy on our website. Please check our website to review this policy regularly.
 
If you have any suggestions or concerns that are not addressed in this privacy policy, please contact our Privacy Officer. The contact details of the Privacy Officer are listed at the end of this policy.

Complaint resolution
We are committed to constantly improving our procedures so that personal information is treated appropriately.
 
If you feel that we have failed to deal with your personal information in accordance with the APPs or this policy, please speak to us so that we have an opportunity to resolve the issue to your satisfaction.
 
The person to contact is our Privacy Officer, whose contact details appear at the end of this policy.
 
Our Privacy Officer will manage the following process for us to:
•    listen to your concerns and grievances regarding our handling of personal information;
•    discuss with you the ways in which we can remedy the situation; and
•    put in place an action plan to resolve your complaint and improve our information handling procedures (if appropriate).
 
If this process does not result in an outcome that is satisfactory to you, you may contact the Office of the Australian Information Commissioner's Office. We will work together with the Information Commissioner's Office to resolve the issues between us.
 
The contact details for the Office of the Australian Information Commissioner's Office are as follows:
Street address: Level 3, 175 Pitt  Street, Sydney NSW 2000
Telephone: 1300 363 992 (for the cost of a local call anywhere in Australia)
TTY: 133 677 followed by 1300 363 992
Post: GPO Box 5218, Sydney NSW 2001
Facsimile: +61 2 9284 9666
Email: enquiries@oaic.gov.au
 
Further information about privacy and your rights can be obtained at the Office of the Australian Information Commissioner's website at www.oaic.gov.au.

Contact information
If you wish to access any personal information that we hold about you, or have a query about this policy, please contact our Privacy Officer:
Post: ISOsafe Pty Ltd, PO Box 812, Ryde NSW 1680
Telephone: 1300 789 132
Email: enquiries@isosafe.com.au

Standard Terms and Conditions of Service

These Terms and Conditions of Service, together with our  Schedule of Fees, constitute the entire terms of the agreement, express or implied (the “Agreement”) which is governed by the laws of New South Wales.

Performance of the Services
ISOsafe Pty Ltd (“ISOsafe”) will provide the Services set out in the Schedule of Fees and will use all reasonable commercial efforts to provide the services in an efficient and timely manner, using the necessary skill and expertise to an appropriate professional standard.

We have not audited or independently verified the compliance records or information that you have provided to us. While we do rely on all materials you have provided, we will not verify the accuracy and completeness of such documentation or information.

To perform the Services successfully, we require your timely cooperation, including:
•    Providing ISOsafe promptly with all accurate information and documents that we reasonably require to enable us to provide the Services.
•    Arranging access to third parties where applicable; and
•    Ensuring that appropriate back up, security and virus checking procedures are in place for any computer facilities and files you provide.

We rely on you bringing to our attention any changes in the information as originally presented, as it may affect our advice to you.

The Client will provide ISOsafe with such information as ISOsafe may reasonably request in connection with the performance of services required under this Agreement. Further the Client will, at its own expense, engage such legal, taxation, accounting and other specialist advisers as may be required in connection with the Agreement and agrees that, such advice will be made available to ISOsafe.

All management plans or statements of opinion supplied to ISOsafe by the Client have been supplied after due and careful enquiry to confirm their accuracy.

The Client must continue to inform ISOsafe on an ongoing basis of any material developments or changes to such information during the term of the Agreement.

There may be material errors in the work arising from circumstances and time available to obtain unverified, draft or change information. ISOsafe does not accept any liability for decisions that are made based on such information.

Purpose, Scope and Output of the agreement
We will provide professional services outlined in the Schedule of Fees (“Service Scope”) which will be conducted in accordance with the relevant professional and ethical standards. The extent of our procedures and Services will be limited exclusively for this purpose only. As a result, no audit or review will be performed and, accordingly, no assurance will be expressed. Our engagement cannot be relied upon to disclose irregularities including fraud, other illegal acts and errors that may exist, unless specifically detailed in the Terms and Conditions provided. However, we will inform you of any such matters that come to our attention.

Any advice given to a client is only an opinion based on our knowledge of the client’s particular circumstances.

Training and Compliance Services
Reports may be prepared for distribution to Directors for the agreed purpose. There is no assumption of responsibility for any reliance on our report by any person or entity other than yourself and those parties indicated in the report or if you expressly request in writing we provide the information to a specific party. The report shall not be inferred or used for any purpose other than for which it was specifically prepared. Accordingly, our report may include a disclaimer to this effect.

A Business, it’s 'persons conducting a business or undertaking' (PCBU) and Workers are responsible under Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), Work Health and Safety Act 2011 (WHS Act), The Fair Work Act 2009 (FW Act) and any applicable Regulations for keeping full and proper records in order to facilitate the preparation of a correct report.

Other Services
Other services may be performed in accordance with the scope of services set out in the Schedule of Fees, as detailed under the Performance of Services clause above.

Our advice will cover Employment Law and ISO accreditation. The scope of our engagement will be limited to the performance of the services listed above.

Use of Contractors and Other Outsourced Services
We may involve third party contractors or outsourced service providers in providing various aspects of your training and compliance work. These services may include:
•    Compliance file preparation and/or Data entry into compliance systems
•    Auditing of Management Systems
•    Certification of Management Systems
•    Site Audits
•    Training

Where, as part of our engagement, the services of an external consultant or expert are required, an estimated cost, timeframe and involvement will be provided to you for your approval.

Responsibilities
In conducting this engagement, information acquired by us in the course of the engagement is subject to strict confidentiality requirements. That information will not be disclosed by us to other parties except as required or allowed for by law, or with your express consent.

We wish to draw your attention to our firm’s system of quality control which has been established and maintained in accordance with the relevant standards. As a result, our files may be subject to review as part of the quality control review program. 

Clients are required to arrange for reasonable access by us to relevant individuals and documents, and shall be responsible for both the completeness and accuracy of the information supplied to us.

Unanticipated Services
Our service is built around upfront pricing, as opposed to hourly rates, and offers you access to the accumulated intellectual capital of the firm at an agreed price prior to work being performed on your behalf.

While the upfront price may entitle you to unlimited consultation with us with regards to the engagement scope, if your question or issue requires additional research and analysis beyond the consultation, that work will be subject to an additional price, payment terms, and scope to be agreed upon before the service is performed and a Special Engagement will be issued to document this understanding.

Furthermore, the parties agree that if an unanticipated need arises (such as, but not limited to, an audit, or any other service not anticipated by this agreement by the parties) that ISOsafe hereby agrees to perform this additional work at a mutually agreed-upon price. This service will be priced separately using a variation of scope email accompanied with a Tax Invoice. 

ISOsafe reserves the right to decline further service requests/opportunities at its discretion.

Out of Pocket Costs
You agree all necessary and proper out-of-pocket expenses (known as disbursements) incurred by us on your behalf shall be paid immediately on request, plus any GST. Disbursements may include but are not limited to any filing fees, subscription fees, search fees, specialty training or compliance charges, counsel fees, costs of experts and witnesses, freight and postage, and corporate, secretarial, or valuation costs, whether foreseen or unforeseen.

We reserve the right to have any or all disbursements incurred through the engagement of third party consultants either billed direct to you, or included as a disbursement in our invoices.

Payment of Fees
ISOsafe account terms are strictly 14 days from date of invoice and by agreeing to the terms and conditions and our Schedule of Fees you agree to adhere to payment terms.

ISOsafe may charge a monthly fee via Direct Debit or Credit Card that will require payment on the 15th of each month. You will be provided with a tax invoice each month. If there are insufficient funds at the time of payment you are required to pay the amount within seven (7) days.

Failure to adhere to Schedule of Fees will result in the total balance outstanding becoming payable immediately in full.

ISOsafe reserves the right to charge interest on overdue accounts at the Cash Target Rate, as fixed by the Reserve Bank of, plus 5%.

ISOsafe reserves the right to suspend all services and products until all payments are brought up to date.

ISOsafe reserves the right to increase the Total Fee (excl. GST) for any Renewed Contract, as follows:
•    If the initial Agreement period is 1 year or less, the Total Fee will increase by 2%
•    If the initial Agreement period is between 1 year and 3 years, the Total Fee will increase by 6%
•    If the initial Agreement period is greater than 3 years, the Total Fee will increase by 10%

The Renewed Contract will otherwise be on the same terms as this Agreement, including the same automatic renewal provision.

Cancellation of Services (Direct Debits)
Cancellation of services where a Direct Debit facility is in place must be notified in writing thirty (30) days in advance of the next pay period. Any remaining or outstanding amounts must be paid via credit card or direct debit within fourteen (14) days of cancellation.

Termination
To ensure that our arrangement remains responsive to your needs, as well as fair to both parties, if necessary, revise or adjust the scope of Services to be provided and the prices to be charged in light of mutual experience.

Furthermore, it is understood that either party may terminate this Agreement at any time, for any reason, with 14 days written notice being provided to the other party. It is understood that any unpaid Services that are outstanding at the date of termination are to be paid in full within 7 days from the date of termination.

ISOsafe may terminate an agreement at any time with immediate effect, by giving written notice to you if you:
•    Fail to have funds available for payment via direct debit/credit card on three (3) consecutive occasions;
•    Breach our agreement or terms and conditions, and fail to remedy that breach within fourteen (14) days after receiving written notice requiring you to do so; or
•    Go into liquidation or an external controller, administrator or receiver and manager is appointed or, if you are an individual, become insolvent or bankrupt or enter into a scheme of arrangement with creditors.

Where a monthly service agreement exists over a 12 month period which is terminated prior to the anniversary date, ISOsafe reserves the right to charge a final invoice for services performed which have not yet been invoiced under the monthly service agreement. ISOsafe will provide a detailed invoice if requested detailing such services performed but not yet invoiced.

Debt Collection
If ISOsafe is required to refer any unpaid debt to a third party debt collection agency we reserve the right to on-charge to you, any fees that may be payable to the debt collection agency for collection of your outstanding fees.

Limitation of Liability
Our liability is limited by a scheme approved under the Professional Standards Legislation. Further information on the scheme is available from the Professional Standards Councils’ website www.professionalstandardscouncil.gov.au.

Ownership of Documents
All original documents obtained from you arising from an engagement shall remain your property. However, we reserve the right to make a reasonable number of copies of the original documents for our records.

Our engagement may result in the production of training and compliance documents. Ownership of these documents will vest in you. All other documents produced by us in respect of this engagement will remain the property of the firm. We have a policy of exploring a legal right of lien over any client documents in our possession in the event of a dispute. The firm has also established dispute resolution processes.

Copyright in all documentation provided under this Agreement is reserved by ISOsafe, without whose written permission it may not be reproduced or modified.

Notice of Disclosure
From time to time we may receive a commission/referral fee from third parties in relation to work referred to them by our firm. If a third party has referred you to us, we may pay that person or organisation a referral fee.

Confidentiality
We will not disclose any information relating to your affairs to any third party without your consent, unless required by law or unless disclosed in these Terms (see “Use of Contractors and Other Outsourced Services”). You may provide us with permission to disclose your confidential information in certain circumstances, or place conditions on the disclosure of certain confidential information.

The Client shall keep confidential any methodologies and technology used by ISOsafe to carry out the services as per the Service Agreement.

Confirmation of Terms
By signing a Schedule of Fees you hereby agree to the Terms and Conditions contained herein and the scope of services as detailed in the Schedule of Fees.

Electronic Communications
We will communicate with you electronically, including sending you Commercial Electronic Messages (as that term is defined in the SPAM Act 2003). You consent to us sending Electronic Communications to you.

Electronically transmitted information cannot be guaranteed to be secure or virus or error free and consequently such information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete or otherwise be adversely affected or unsafe to use. We will not be liable to you in respect of any error, omission or loss of confidentiality arising from or in connection with the electronic communication of information to you.

Guarantee
Where the Client is a corporate entity, then each director thereof who executes this Agreement shall also be known as the guarantor (the “Guarantor”) and if more than one, shall both jointly and severally guarantee the performance by the Client of its obligations under this Agreement to ISOsafe.

Each Guarantor gives a guarantee and indemnity in favour of ISOsafe in consideration of the Client agreeing to enter into this Agreement.

Each and all of the Guarantors acknowledge the receipt of valuable consideration from ISOsafe for the Guarantors incurring obligations and giving rights under this guarantee and indemnity.

Each Guarantor unconditionally and irrevocably guarantees to ISOsafe the due and punctual performance and observance by the Client of its obligations (including the obligations to pay money) pursuant the terms and conditions of this Agreement. As a separate undertaking, the Guarantors unconditionally and irrevocably indemnifies the Client against all liability or loss arising from, and any costs, charges or expenses incurred (including any loss as a result of a breach of the obligations to pay money) in connection with the Clients breach of this Agreement.

Ongoing Application of these Terms and Conditions
You acknowledge and agree that these Terms and Conditions apply to all work to be performed by us on your behalf unless mutually agreed in writing.

Should you not sign these Terms yet nonetheless continue to instruct us to act on your behalf, you shall be deemed to have accepted these Terms as applying to that work.

Further Terms and Conditions
The Client authorises ISOsafe to operate this Agreement from the date signed and declares the information is true and accurate in every respect and no material fact has been misstated or suppressed.

Any statements made by ISOsafe as to a likely future outcome in relation to the Agreement have been made in good faith and on the basis of information available to ISOsafe at the time. Given that future events depend on many factors that are outside ISOsafe’ control, no statement made by ISOsafe as to a likely future outcome will constitute a representation, undertaking or warranty of any kind.

ISOsafe’ services may include advice and recommendations.  All decisions in connection with the implementation of such advice and recommendations shall be the responsibility of, and made by, the Client.

In the event of a claim by a third party relating to services under the Agreement to which these Terms and Conditions relate, the Client will indemnify ISOsafe, its directors, employees, advisors, agents and servants from and against all liabilities, losses, damages, costs or expenses incurred or suffered by ISOsafe and against all actions, proceedings, claims or demands made against ISOsafe as a result of ISOsafe undertaking its services in relation this Agreement or in any way connected to the subject matter of this agreement.

ISOsafe may vary its staff on the Agreement as required and without notice.

The Client agrees to indemnify and keep indemnified ISOsafe including any of its related companies, directors, officers, employees, representatives, consultants, or agents and associates from and against all liability, loss or damage (including without limiting the generality of the forgoing all sums of money, actions, proceedings, suits, claims, demands, damages, costs, expenses, fines, settlements, assessments, judgments, reasonable cost and expenses for advice or concerning any compromise, and legal costs on an indemnity basis) arising out of but not limited to the performance or carrying out of the scope of matters as referred to in the  Agreement (whether related or unrelated to the Agreement),

The Client agrees to the extent permitted by law, that ISOsafe will not be liable (whether directly or indirectly, in contact or tort or otherwise) to the Client or any of its related bodies corporate or their respective officers and agents and hereby releases ISOsafe from any claim for or in connection with this Agreement or any transaction contemplated by or during this Agreement.

The Terms and Conditions outlined survives the termination or expiration of the Agreement.