1. ABOUT OUR TERMS & CONDITIONS
The Fix my Pay Site (“Site”) is operated by Fix My Pay Pty Ltd ABN 21 158 945 825 (“FMP”)
When you come to our Site, your permission is governed by these Terms and Conditions. Please read them carefully. If you accept them, they will affect your legal rights and obligations. You agree to be bound in law by these Terms and Conditions if you continue to use this Site. If you don’t accept them, you must leave this Site.
2. CHANGES TO OUR TERMS & CONDITIONS
Our Terms and Conditions may change. If they change, we publish a notice on our Site. If you use the Site after we publish a notice of change to our Terms and Conditions, then you are bound in law by the Terms and Conditions as changed.
3. USAGE RULES
When you complete a questionnaire on our Site, you will provide us with information about your situation and you will attach up to (4) pay slips and any contract documents. You will pay a Fee then your pay will be checked with the relevant Award and contract. We will report to you whether you have been underpaid, or overpaid, or if your pay is fine.
If you have been overpaid or your pay is fine we will report within 48 hours of your completion of the questionnaire on our Site with your pay slips and any contract documents.
If you have been underpaid, we will provide you with our ‘Employee Summary Report’ that once approved we can send to your Employer on your behalf to ask for your correct pay. We will also provide you with our ‘Fix My Pay Trust Account Authority form’ showing the claim fee of 10% due on total payout.
If the initial letter of demand is not responded to by the Employer, we can assist with a letter of demand from our Solicitor and/or legal action. There is an additional cost for these and we can advise of what course of action can be taken and the cost if we get to that stage in your claim.
You agree to allow us to use your testimonial on our website, social media and ALL forms of media.
4. AUTHORITY FOR PAYMENT TO FIX MY PAY
If you require the services from Fix My Pay we will provide you with an Fix My Pay Trust Account Authority form to do so.
5. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights to this Site and the Content (including the software, design, text, data, icons, logos, sound recordings and graphics comprised in the Site are owned by FMP entity. Information or materials procured from a third party may be the subject of copyright owned by that third party.
We may use trade marks on our Site. Where we use trade marks, they may not be copied or reproduced without our permission in writing given to you.
The reliability of what you obtain through our Site depends on the accuracy of the information you provide.
7. VARIATIONS FOR THE CONVENIENCE OF THE CLIENT
Our pricing structure has been set based on Fix My Pay general scope of works. From time to time we need to go outside the scope of works which falls under our Variation for the convenience of the client’ to assist our client’s needs. When this occurs notification will be sent to request approval from the client for further payment prior to commencing the check pay process.
8. NO WARRANTY
We take all reasonable care however, the Site is provided ‘as is’ and we do not warrant or represent that it is complete, current or free from errors or omissions. If you become aware of any inaccuracies or omissions in the information from this Site, we would be grateful if you could bring this to our attention.
9. PAYMENT & REFUND
Refunds are not given at any stage, however in accordance with Australian Consumer Law, Fix My Pay Pty Ltd will rectify any misleading advice or reports provided as soon as possible (after being notified of such).
NB: Payment information is protected appropriate to Paypal.
We collect, use and disclose personal information in accordance with the Privacy Act 1988
11. OUR LIABILITY TO YOU
We accept our liability to you for breach of contract or negligence under the principles applied by the courts, but:
• We do not accept liability to you for losses that result from your use of our services in connection with the conduct of a business by you except that we will accept that liability if it cannot be excluded under any legislation. If that liability cannot be excluded but can be limited under any legislation, we limit our liability to the extent permitted by that legislation;
• We are not liable for any loss to the extent that it is caused by you (for example, through your negligence or breach of contract);
• We are not liable for any loss to the extent that it results from your failure to take reasonable steps to avoid or minimise your loss; and
• We are not liable for any loss caused by us failing to comply with our obligations to you where that loss is caused by events outside our reasonable control (such as a malfunction in equipment or software, Internet access difficulties or delay or failure of transmission).
12. YOUR LIABILITY TO US
You are liable to us if you breach contract or are negligent causing loss under the principles applied by the courts. However, you are not liable to us for any loss to the extent that it is caused by us (for example through our negligence or breach of contract).
13. OUR RIGHTS TO TERMINATE, SUSPEND OR LIMIT YOUR ACCESS TO THE SITE
We may suspend, terminate or limit your access to the Site if it is necessary for maintenance or repair of relevant equipment or systems or if there are other reasonable grounds for us to do so.
We collect, use and disclose personal information in accordance with the Privacy Act 1988.
15. ACCESS TO THE SITE OUTSIDE AUSTRALIA
We do not whether our Site and its Content complies with the laws of any country outside of Australia. If you access and use this Site or the Content from outside Australia, you do so at your own risk.
16. DEBT RECOVERY
If our invoice is not paid within 7 days, a debt recovery fee of 5% calculated daily will be applied to you invoice.
If any of these Terms are invalid, unenforceable or illegal, that term will be struck out and the remaining terms will remain in force.
If we do not act in relation to a particular breach by you of these Terms, this will not be treated as a waiver by us of our right to act with respect to subsequent or similar breaches. If you do not act in relation to a particular breach by us of these Terms, this will not be treated as a waiver by you of your right to act with respect to subsequent or similar breaches.
These Terms (and your dealings with us) are subject to the laws of Queensland, Australia. You submit to the non-exclusive jurisdiction of the courts of that State.