Terms and Conditions
1. SCOPE OF MEETIG8 CYBER SERVICES
1.1 Meetig8 Cyber provides a platform for linking customers (“Clients”) with Meetig8 Cyber vetted and verified independent contractors (“Specialists”) for the performance of professional services in the fields of audit, risk or compliance (“Professional Services”).
1.2 A reference to User in this agreement includes Clients, Specialists and any other person that accesses the Platform.
1.3 A User creates an account with Meetig8 Cyber when that person validly completes a registration form on the Platform (“User Account”). A User Account is required to access, request or offer Professional Services, unless otherwise specified.
1.4 Meetig8 Cyber provides the platform only. Apart from enabling a Client to find a Specialist and providing a shortlist of selected Specialists to provide the Professional Service requested, Meetig8 Cyber accepts no liability for any aspect of the Client and Specialist interaction, including but not limited to the description of goods and services offered and the performance of services. Meetig8 Cyber has no obligation to any User to assist in any way in any dispute between a Client and a Specialist.
1.5 All information related to the Professional Services is supplied by Meetig8 Cyber Users. Except that Meetig8 Cyber may require that each Specialist:
(a) has all necessary licensing to perform the relevant Professional Service;
(b) maintains the usual insurances as required by a prudent provider of similar service;
(c) has at least 3 years’ experience in providing the particular Professional Service; and
(d) has been subject to a police check
Meetig8 Cyber does not have any ability or responsibility to review, approve or verify any User provided information prior to publication on the Platform.
1.6 Except as set out in clause 1.5, You expressly agree that Meetig8 Cyber has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by Users (including all Specialists and Clients), including, but not limited to, the ability of Specialists to perform the Professional Services, or the accuracy of any information provided by Clients or the Clients’ ability to pay for the Professional Services requested.
1.7 Meetig8 Cyber may in its sole and absolute discretion, for any reason or no reason, and without notice:
(a) alter or withdraw any functionality on the Platform;
(b) withdraw or suspend Your access to all or any part of the Website and Your account (if You have created an account);
(c) monitor Your use of the Platform;
(d) subject to any applicable laws, treat any material that You transmit or display as non-confidential and non-proprietary; and
(e) edit or remove any material that You have may have uploaded, posted, emailed or otherwise transmitted to or via the Platform.
2. MEETIG8 CYBER SERVICE DESCRIPTION
2.1 A Client who wishes to request a Professional Service creates an account with Meetig8 Cyber, and selects the type of Professional Service requested on the Platform, and provides all required details.
2.2 Meetig8 Cyber will select a shortlist of Specialists who meet the requirements of the Client and who may be suitable to provide the Professional Service requested (“Selected Specialists”).
2.3 Meetig8 Cyber will present the Client with quotes from the Selected Specialists for the Professional Services requested (“Quote”) and a short description of the Professional Services to be provided by the Specialist in exchange for the price stated in the Quote (“Agreed Price”).
2.4 If the Client accepts the Quote via the Platform, then the Client and the Specialist shall be deemed to have entered into a separate contract under which the Client agrees to purchase, and the Specialist agrees to provide the Client with the Professional Services (“Professional Services Contract”). Meetig8 Cyber is not a party to the Professional Services Contract.
2.5 The terms of the Professional Services Contract incorporate the terms of this Agreement (to the extent they apply to the Client and the Specialist) and any additional terms and conditions agreed between the Client and the Specialist. You agree not to enter into any contractual provisions in a Professional Services Contract that conflict with this Agreement. To the extent of any inconsistency, the terms of this Agreement incorporated into a Professional Services Contract take priority over any other terms agreed between a Client and a Specialist in the Professional Services Contract.
2.6 The Specialist must provide the Professional Services to the Client in accordance with the Quote and the Professional Services Contract, unless the services or transaction is prohibited by law, by this Agreement, an agreement between the User and a third-party or by any of our Policies.
2.7 During the course of the Professional Services Contract:
(a) Parties agree to provide a copy of the agreed Professional Services Contract and any variations to Meetig8 Cyber within 7 days of such agreement.
(b) the Specialist must notify Meetig8 Cyber at agreed intervals (weekly, fortnightly, monthly or quarterly) when payment from the Client is due via a Request for Payment;
(c) the Request for Payment shall include all details necessary for Meetig8 Cyber to invoice the Client on behalf of Specialist, including the number of hours or days worked, summary of work completed, Specialist’s bank details, and Australian Business Number;
(d) the Specialist must notify Meetig8 Cyber when the engagement is terminated.
2.8 After a Specialist has provided the relevant Professional Services in accordance with the Professional Services Contract and the Quote, and has provided a Request for Payment under clause 2.6, Meetig8 Cyber will:
(a) send a tax invoice on behalf of the Specialist to the Client for amounts due to the Specialist for approval and payment by the Client, payable directly to the Specialist; and
(b) issue a tax invoice to the Client for amounts due and payable to Meetig8 Cyber; or
(c) send a combined tax invoice to the Client for approval and showing the amounts due and payable to the Specialist and Meetig8 Cyber payable either separately to the Specialist and Meetig8 Cyber, or in total to Meetig8 Cyber on its own account and on behalf of the Specialist, as set out in the relevant invoice.
2.9 Extensions and variations to the duration of the Professional Services Contract or the Quote must be effected via the Platform.
2.10 Users acknowledge and agree that notwithstanding any other clause in this Agreement, that due to the nature of the Meetig8 Cyber Services, Meetig8 Cyber cannot and does not provide any warranty, guarantee or representation that:
(a) a Specialist User will be shortlisted as a Selected Specialist;
(b) a Client User will be presented with a particular, or any, Selected Specialist; or
(c) the use of the Meetig8 Cyber Services will result in any commercial improvement or success in connection with the User’s business or trade.
3. USER ELIGIBILITY
3.1 To create and account and use the Meetig8 Cyber Services You must be able to form legally binding contracts under applicable law. Meetig8 Cyber Services are not available to persons under 18 years of age. If You do not qualify to use the Meetig8 Cyber Services, You must not use the services.
3.2 While You are registered with Meetig8 Cyber You must maintain control of Your Meetig8 Cyber account. You may not deal with Your account (including Reviews and associated User ID) in any way (including by allowing others to use Your account or by transferring or selling the account or any of its content to another person).
3.3 At its absolute discretion, Meetig8 Cyber may refuse to allow any person to register or create an account with Meetig8 Cyber or cancel or suspend any existing account.
4. USER’S OBLIGATIONS
4.1 You agree that at all times:
(a) You will comply with this Agreement (including all Meetig8 Cyber Policies) and all applicable laws and regulations;
(b) You will post only accurate information on the Platform;
(c) You will promptly and efficiently perform all Your obligations to other Meetig8 Cyber Users under a Professional Services Contract and to Meetig8 Cyber under this Agreement;
(d) all content (whether provided by Meetig8 Cyber, a User or a third-party) on the Platform may not be used on third-party sites or for other business purposes without Meetig8 Cyber’s prior permission; and
(e) You will ensure that You are aware of any laws that apply to You as a Client or a Specialist, or in relation to any other way(s) that You use the Platform.
4.2 You must not use the Platform for any illegal or unlawful purpose or in such a manner as to cause loss or damage, including reputational damage, to Meetig8 Cyber, its directors, employees or contractors. Your use of the Platform must not, in any way whatsoever, be potentially or actually harmful to Meetig8 Cyber or any other person. “Harm” includes, but is not limited to, economic loss that will or may be suffered by Meetig8 Cyber. Without limiting any provision of this Agreement, any information You supply to Meetig8 Cyber must be up to date and kept up to date and must not:
(a) be false, inaccurate or misleading or deceptive;
(b) be fraudulent or involve illegal conduct;
(c) infringe any third-party’s copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
(d) violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);
(e) be defamatory, libellous, threatening or harassing;
(f) be obscene or contain any material that, in Meetig8 Cyber’s sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images;
(g) contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any Platform, including, but not limited to viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information.
4.3 You grant to Meetig8 Cyber an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the Platform for the purpose of including that material and information on the Platform and as otherwise may be required to provide the Meetig8 Cyber Service, for the general promotion of the Meetig8 Cyber Service and as permitted by this Agreement.
4.4 When You enter into a Professional Services Contract using the Platform You create a legally binding contract with another Meetig8 Cyber User, unless the transaction is prohibited by law or by this Agreement (including the Meetig8 Cyber Policies). If You do not comply with Your obligations to another Meetig8 Cyber User under a Professional Services Contract, You may become liable to that other User. If another User breaches any obligation to You, You and not Meetig8 Cyber are responsible for enforcing any rights that You may have with that User.
5.1 Registering and creating a User Account with Meetig8 Cyber is free. There is no charge for Users to review content on the Platform, including requested Professional Services.
5.2 If You are a Client and you have accepted Your Quote, You agree that You will also pay the Meetig8 Cyber Service Fees as set out in the Service Fee Schedule in addition to the Agreed Price, exclusive of GST.
5.3 Meetig8 Cyber may from time to time change the Service Fees and the terms applying to payments. Any change relating to the Service Fees is effective fourteen (14) days after Meetig8 Cyber notifies You of that change by sending a message to Your User Account, Your email address held on file, or by posting the information on the Meetig8 Cyber website.
5.4 Meetig8 Cyber may choose to temporarily modify the Service Fees, or the terms applying to their payment, in its sole discretion. Notification of temporary modifications will be communicated via the Platform.
5.5 All Users agree to pay any third-party fees arising out of any transaction on the Platform, which may include fees charged by Meetig8 Cyber’s payment gateway partners and Your financial institution.
5.6 All fees and charges payable to Meetig8 Cyber are non-cancellable and non-refundable, subject to Your rights under any Non-excludable Terms.
6. THIRD-PARTY SERVICES
6.1 Meetig8 Cyber may from time to time include on the Platform promotions for and links to services offered by third parties (“Third-party Services”). These Third-party Services are not provided by Meetig8 Cyber.
6.2 Third-party Services are offered to You pursuant to terms and conditions offered by the third-party. Third-party Services may be promoted on the Platform as a convenience to our Users who may find the Third-party Services of interest or of use.
6.3 If You engage with any Third-party Service provider, Your agreement will be directly between You and that Third-party Service provider.
6.4 Meetig8 Cyber makes no representation or warranty as to the Third-party Services.
7. IDENTITY VERIFICATION & REVIEWS
7.1 Meetig8 Cyber may include tools to help Meetig8 Cyber Users of to verify the identity of other Platform Users (“Identity Verification Services”). These tools may include mobile phone verification technology, verification of payment information, a “Reviews” feature (allowing a User of the Meetig8 Cyber Service to request other Users to post a reference on the Platform endorsing that User), and integration with social networking sites such as Facebook, Twitter and Linked In.
7.2 You agree that Identity Verification Services may not be accurate as they are dependent on User-supplied information, and that Meetig8 Cyber makes no warranty as to the accuracy of the Identity Verification Services
7.3 The Meetig8 Cyber Services Identity Verification Services may be modified at any time.
8. LIMITATION OF LIABILITY
8.1 Except for liability in relation to breach of any implied condition, warranty or guarantee, including under the Competition and Consumer Act 2010 (Cth), the exclusion of which from a contract would contravene any statute or cause any part of this Agreement to be void (“Non-excludable Term”), to the extent permitted by law Meetig8 Cyber specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between Clients and Specialists.
8.2 Except for liability in relation to a breach of any Non-excludable Term, to the extent permitted by law, Meetig8 Cyber specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between You and any Third-party Service Provider who may be included from time to time on the Platform.
8.3 Except for liability in relation to a breach of any Non-excludable Term, Meetig8 Cyber’s liability to any User of this service is limited to the total amount of fees paid by that User to Meetig8 Cyber during the twelve month period prior to any incident causing liability of Meetig8 Cyber.
8.4 Meetig8 Cyber’s liability to You for a breach of any Non-excludable Term (other than a Non-excludable Term that by law cannot be limited) is limited, at our option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred.
9. DEFAULT IN TRANSACTIONS
9.1 If You, as a Specialist or Client, fail to complete a transaction and do not have a lawful excuse for such failure, then in addition to Meetig8 Cyber’s rights under this Agreement (including any Meetig8 Cyber Policy) to suspend (temporarily or indefinitely) or terminate any User’s account, You may be in breach of Your obligations to both Meetig8 Cyber and the Specialist or Client with whom You are transacting, under a Professional Services Contract.
11. NO WARRANTY
11.1 Except for liability in relation to any Non-excludable Term, the Platform and Meetig8 Cyber Service is provided on an “as is” basis, and without any warranty or condition, express or implied. To the extent permitted by law, we and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement to extent allowed by law. This includes (but is not restricted to) loss or damage You might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Platform, the Meetig8 Cyber Services, or any related products (including third-party material and advertisements on the Platform);
(c) costs incurred as a result of Your use of the Platform or the Meetig8 Cyber Services; and
(d) the services or operation in respect to hyperlinks which are provided for Your convenience.
12. VARIATIONS TO THE AGREEMENT
12.1 Meetig8 Cyber may vary this Agreement from time to time. Meetig8 Cyber will notify You of variations by sending a message to Your User Account, Your email address held on file, or by posting the information on the Meetig8 Cyber website.
12.2 Except as stated in this Agreement, in a Policy, or as otherwise notified to You, all amended terms will automatically be effective 7 days after they are initially notified to You. Each time You use the Platform in any manner after the expiry of that 7-day period or such other notice period notified to You, You acknowledge any changes to the Agreement (including the Policies) and confirm Your agreement to be bound by the Agreement as it may have been varied.
12.3 If You do not agree with any changes to this Agreement (or any of our Policies), You must terminate Your Meetig8 Cyber account and stop using the Meetig8 Cyber Services. Except as specifically described in or authorised by this Agreement, the terms of this Agreement and any Meetig8 Cyber Policy cannot be amended except in writing signed by You and Meetig8 Cyber.
13. NO AGENCY
13.1 No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular, You have no authority to bind Meetig8 Cyber, its related entities or affiliates in any way whatsoever. Meetig8 Cyber confirms that all Third-party Services that may be promoted on the Meetig8 Cyber service are provided solely by such Third-party Service providers. To the extent permitted by law, Meetig8 Cyber specifically disclaims all liability for any loss or damage incurred by You in any manner due to the performance or non-performance of such Third-party Service.
13.2 Without limiting 13.1, each Specialist is an independent contractor and no agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. Meetig8 Cyber acts as a mere introducer of services.
14.1 You agree to indemnify, defend and hold harmless us and our officers, directors, employees, agents, information providers, partners, advertisers, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable solicitor’s fees, resulting from any violation of this Agreement or any activity related to Your User Account (including infringement of third parties’ intellectual property rights anywhere in the world or negligent or wrongful conduct) by You or any other person accessing the Platform using Your User Account.
15.1 Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to Meetig8 Cyber’s contact address as displayed on the Platform, or to Meetig8 Cyber Users’ contact address as provided at registration. Any notice shall be deemed given:
(a) if sent by email, 24 hours after email is sent, unless the Client is notified that the email address is invalid or the email is undeliverable, and
(b) if sent by pre-paid post, three Business Days after the date of posting, or on the seventh Business Day after the date of posting if sent to or posted from outside Australia. In this section, “Business Day” means a day on which banks are open for general business in Sydney, New South Wales, other than a Saturday, Sunday or public holiday.
(c) Notices related to performance of any Third-party Service must be delivered to such Third-party as set out in Third-party Service Provider terms and conditions.
16. MEDIATION AND DISPUTE RESOLUTION
16.1 You must resolve disputes (including claims for returns or refunds) with other Meetig8 Cyber Users directly. You acknowledge and agree that Meetig8 Cyber may, in its absolute discretion, provide such of Your information as it decides is suitable to other parties involved in the dispute.
16.2 Meetig8 Cyber has the right to hold any payment the subject of a dispute, until the dispute has been resolved.
16.3 If you have a complaint about the Meetig8 Service please contact us at firstname.lastname@example.org
16.4 If Meetig8 Cyber provides information of other Meetig8 Cyber Users to You for the purposes of resolving disputes under this clause, You acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that You will indemnify Meetig8 Cyber against any claims relating to any other use of information not permitted by this Agreement.
17.1 Either party may terminate an account and this Agreement at any time for any reason.
17.2 Termination of this Agreement does not affect any Professional Services Contract that has been formed between Meetig8 Cyber Users. If You have entered a Professional Services Contract You must comply with the terms of that Professional Services Contract including providing the goods or services or paying the price as applicable.
17.3 Termination of Third-party Services are subject to Third-party Service provider terms and conditions.
17.4 Clauses 8, 11, 14 and 16 and any other terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement.
18.1 This Agreement is governed by the laws of New South Wales, Australia. You and Meetig8 Cyber submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
18.2 The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
18.3 This Agreement may be assigned or novated by Meetig8 Cyber to a third-party without Your consent. In the event of an assignment or novation You will remain bound by this Agreement.
18.4 This Agreement sets out the entire understanding and agreement between You and Meetig8 Cyber with respect to its subject matter.
19. SERVICE FEE SCHEDULE
The Service Fee for a Quote that has been accepted by a Client is equal to 10% of the total amount payable to the Specialist excluding GST, unless otherwise agreed.
For permanent placements, the Placement Fee is equal to 12% of the annual base salary where the annualised base salary is up to $110,000 and equal to 15% of the annual base salary where the annualised base salary is above $110,000, (excluding GST), unless otherwise agreed.