Skip to main content

The Human Services Professionals

Go Search
Home
CRM+
Help Desk
Log a Request
Our Product
About Us
Contact Us
PP
RR
Hourly Rates
  
> Resources > The Human Services Professionals > Web Pages > terms  

Terms and Conditions

 

General Terms

 

Last updated 1 Jan 2013.

 

These general terms and conditions relate to the products and services supplied by Frontline Resourcing (ACN 121 761 699). Our products include our major products Frontline Apps and RosterCoster. By using or accessing our products and services, you are confirming that you agree to these terms.

  1. Our Standard Software Licence Agreement can be used as a template with respect to purchases of licences to our software that require pen and paper signatures (usually, when the customer asks for this, or when the scope of the organisation and / or service is significant and complex).

  2. Our Standard Rates apply except where we may otherwise negotiate.

  3. App designs owned by you, where the functionality is owned by us.

    For apps we create and host, if the design is owned by you, Frontline Apps / App Creator (App Creator is our term for our knowledge and the broad-based features pre-coded into Frontline Apps) into which we configure those designs, along with our configuration of your design into the App Creator, is owned by us.

    As such, your IP (the design) and our IP (the knowledge and platform) on a technical level are inseparable.

    This inseparability is the trade-off for the app getting access to the knowledge and pre-coded functionality, which if it were coded as a ground up development, would make that app prohibitively expensive in terms of cost and time, and block other economies of scale offered by a platform, such as a shared database for staff, client, permissions and other details, and workflows.

    As part of this trade-off, we agree to not on-sell your App Design without your permission (in some cases, we and the customer jointly on-sell or on-provide, and this may be an opportunity for you to explore with us), and for our part, we are unable at any time to release our knowledge other than as part of a consultancy, or code (we use pre-code for all developments, and do not do ground up developments).

  4. Brand protection

    Our brand and the reputation of our products must be protected from actions at your end that would cause our products to perform unreliably for reasons other than the quality of the products themselves, and in that way, cause us brand damage.

    For example, if action or inaction at your end would cause serious disruption to your users (for example, not delegating anyone in the organisation to maintain house and client details, or staff permissions), where it can be reasonably expected that your users will assume that the disruption is caused by our brand, then we would require you to uninstall without delay, in order to avoid damage to our brand and the reputation of our products.

  5. Integrity.

    In supplying services, we are unable to compromise the integrity of our status as independent advisors.

  6. Limitations to services supplied.

    We provide provide functionality, features and benefits, but do not provide code or advice on coding.

  7. Decommissioning of apps.

    Any decommissioning of any app associated with our brand and reputation must be planned and risk managed, as a protection the professional reputation of stakeholders. An app cannot be deliberately set to malfunction or function poorly in the lead up to decommissioning. See also: 'Brand protection'.

  8. Intellectual property.

    IP for all software and a range of consulting products (packages), rests with Frontline Resourcing, except where IP for "design" rests with a customer as described elsewhere in these terms and conditions.

  9. Only you may use your services.

    You must not authorise any third party to access or use the services on your behalf. You must contact us right away if you suspect misuse of your services or any security breach in the service. You are responsible for all activity that takes place with your services.

  10. Your data. You are responsible for backing up the data that you store on the service, except where by an agreement between you and us we store on your behalf.

  11. Software.

    We reserve all other rights to software provided. We may automatically check your version of the software. We may also automatically download to your computer upgrades to the software to update, enhance, and further develop the service.

    Any software we provide is licensed, not sold. Unless we notify you otherwise, the software license ends when your service ends. You must then uninstall the software, or we may disable it. You must not work around any technical limitations in the software.

    You must not disassemble, decompile, or reverse engineer any software that's included in the service, except and only to the extent that the applicable copyright law expressly permits doing so.

  12. How we may change the contract.

    If we need to amend this document, then we'll notify you before the change takes effect. We may give this notice by posting it on the service or by any other reasonable means.

    If you don't agree to the change, we request that you contact us to discuss this as soon as is practicable, otherwise we cannot be obliged to keep providing the service, and you must cancel and stop using the service before the change becomes effective.

  13. No warranty.

    We provide the service "as is," "with all faults," and "as available." We don't guarantee the accuracy or timeliness of information available from the service. You acknowledge that computer and telecommunications systems are not fault-free and occasional periods of downtime occur. We do not guarantee the service will be uninterrupted, timely, secure, or error-free, or that data loss will not occur. We give no express warranties, guarantees, or conditions. We exclude any implied warranties, including for merchantability, satisfactory quality, fitness for a particular purpose, workmanlike effort, and noninfringement.

    You have certain rights under law. Nothing in this contract is intended to affect those rights, if they are applicable.

  14. Liability limitation.

    You can recover from us only direct damages up to an amount equal to your service fee for one month. You cannot recover any other damages, including consequential, lost profits, special, indirect, incidental, or punitive damages. The limitations and exclusions apply to anything related to this contract, for example: the service; loss of data; third-party programs, or third-party conduct accessed via the service; viruses or other disabling features that affect your access to or use of the service; incompatibility between the service and other services, software, and hardware; delays or failures you may have in starting or completing transmissions or transactions in connection with the service in an accurate or timely manner; claims for breach of contract; breach of warranty, guarantee or condition; strict liability; tort (including negligence or breach of statutory duty); or misrepresentation. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. Some or all of these limitations or exclusions may not apply to you if your law does not allow the exclusion or limitation of incidental, consequential, or other damages.

  15. Changes to the service and cancellation.

    We may change the service or delete features at any time for any reason. A particular service may be a pre-release version-a beta, for example, and may not work correctly or in the way a final version might work. We may significantly change the final version or decide not to release a final version. We may cancel or suspend your service and your access at any time without notice for reasons including breach of the terms of this contract, or non payment of fees. If your service is cancelled, your right to use the service stops immediately*. Cancellation of the service won't alter your obligation to pay all charges made to your billing account. If we cancel the service in its entirety without cause, we'll refund to you on a pro-rata basis any payments that you have made based on the portion of your service that would otherwise remain. You may cancel the service at any time and for any reason. If it's a paid service, some charges may apply.

    *This section 13, along with the document as a whole, is based on terms that as we understand it every organisation we work with have previous to us agreed to, namely, Microsoft's standard terms & conditions. In practical terms, we would not, and in many cases, on a technical level, "could not", cancel your access. In reality, we would instead enter into discussions about whatever the issue was, and we would work that out together.


  16. General legal terms

    Interpreting the contract. All parts of this contract apply to the maximum extent permitted by law. If a court holds that we cannot enforce a part of this contract as written, you and we will replace those terms with similar terms to the extent enforceable under the law, but the rest of this contract won't change. This is the entire contract between you and us regarding the service. It supersedes any prior contract or oral or written statements regarding your use of the service. If you have confidentiality obligations related to the service-for example, you may have been a beta tester-those obligations remain. The contract's section titles don't limit its terms.

    Assignment and transfer. We may assign, transfer, or otherwise dispose our rights and obligations under this contract, in whole or in part, at any time without notice. You may not assign this contract or transfer any rights to use the service.

    No third-party beneficiaries. This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors.

    Claims. Claims must be filed within one year. You must bring any claim related to this contract or the service within one year of the date you could first bring the claim, unless the law requires a longer time to file claims. If it isn't filed in time, the claim is permanently barred.

    Notices. You may notify us as stated in customer support for the service. We don't accept email notices. This contract is in electronic form. We may send you, in electronic form, information about the service, additional information, and information the law requires us to provide. We may provide required information to you by email at the address you specified when you signed up for the service or by access to a website that we identify. Notices emailed to you will be deemed given and received when the email is sent. If you don't consent to receive notices electronically, you must stop using the service.

 

Specific Terms

 

Last updated 15 Sep 2015.

 

These specific terms and conditions relate to the products and services supplied by Frontline Resourcing (ACN 121 761 699). Our products include our major products Frontline Apps and RosterCoster. The specific terms are those that we typically refer to frequently in governance and review meetings, and when calculating licences. As such, they tend to be updated more frequently than the general terms (see above). By using or accessing our products and services, you are confirming that you agree to these terms.

 

The following is an overview of our terms and conditions. A full version, and other references such as our privacy policy, can be found at www.frontlineresourcing.com.au and on the home page of Frontline Apps.

 

  • Reviews of Terms and Conditions. This version is dated 15 Sep 2015. Our Terms and Conditions may be updated from time to time. Unless you and we otherwise negotiate, whichever is more advantageous to you, the original or the updated, applies to you as you choose.
  • GST. All prices quoted by us are always inclusive of GST.
  • Indexation. We indexed annually on 1 July at the benchmark rate that government indexes its funded sector. Given that we typically need to quote well in advance, and government typically confirms its indexation in retrospect each year, we deliberately lag behind government by a few years on indexation (longer, if we need to quote large tenders many years in advance). But over the long term, this means we track close to parity against the government indexation.
  • Calculating Licence Units. For CSOs[1], depending on your app (some apps are location-based, some are resident-based and some are staff-based), as a guide, one “Licence Unit” means:

    (a) 30 “institutional dormitories”;

    (b) 40 “group homes”; or

    (c) 160 “residents” / 160 “staff”.

    For example, an organisation with 40 houses + 160 ISPs = 80 Licence Units. Price drops by 50% per unit after 40 units, then 50% again after 80 units.
  • Invoicing. Unless an organisation has many apps (as is the case with government, which requests monthly invoices), invoices are typically quarterly.
  • Start-up. The table below shows our benchmark prices for a sample set of apps and other features. Prices are at 2015/16 rates for a standard-sized (40 units or less) CSO located in a single state in Australia, and should be used as a guide only. The start-up fee includes orientation and training for an organisation’s app manager, and then the app manager is responsible for training within the organisation[2].

Apps and Other Features

Startup Fee
(One-off)

Ongoing Licence
(End of Month)

Configuration
(Hourly Rate)

Communication Book V1 App

1980.00

165.00

0.00

Residential Statement V3 App

1980.00

165.00

0.00

RosterCoster V3 (Shift Management)

1980.00

165.00

0.00

RosterCoster V3 (Cost Projections)

1980.00

165.00

1980.00

System Admin Level 1 (Standard with Frontline Apps)

0.00

0.00

0.00

System Admin Level 2 (Very Large Organisations Only)

Neg.

Neg.

Neg.

 

  • Opting out. An organisation can opt out of any app at any time via an email to damien.ryan-green@frontlineresourcing.com.au. There are no exit fees (unless you specifically engage us in a wind down or change management process for staff) and there is no requirement for advance notice. If you ever do opt out in this way, a final invoice that takes you up to the date you notify us, or a later date if you wish to nominate that, finalises the contract, after which we would contact you to uninstall that app.
  • Copyright. Frontline Apps (including the App Creator into which designs for new apps are configured) and RosterCoster for CSOs are copyright Frontline Resourcing, all rights reserved.
  • Insurances. Our insurances are the standard for our services to government departments: public liability $5m, product liability $5m, professional indemnity $2m.


[1] There are two versions of Frontline Apps: 1.0 (2001) for government and 2.0 (2011) for CSOs. By request, government retained 1.0 when CSOs went across to 2.0 in 2011. As a consequence of this and significant ongoing tailoring government requests for 1.0, the pricing structure for government and CSOs are no longer in sync. Long-standing arrangements for government are that 1.0 Licence Units means $13,980.85 P.A at 2015/16 rates.

[2] Typically we are not engaged for training. In our target market, the training is usually about what the software is about, not about the software itself. For example, OHS training will most likely primarily be about OHS broadly and delivered by qualified OHS trainers, not software trainers. The OHS software is then used as a training aid and discussion starter, and training in the software occurs in that context.