This page displays policy updates informing clients in advance of important changes to our Standard Terms or other policies.
AMENDMENTS TO OUR STANDARD TERMS
(issued in 15 May 2020)
We are updating our Standard Terms which are part of the Contract for Services with Employsure. There is no action needed from you. If you would prefer to remain on your existing Standard Terms, please contact our Client Experience team on 1300 651 415 or email [email protected] and we will update our records accordingly.
Termination before end of contract period
All Contracts for Services issued prior to 7th January 2019 included the following standard term:
‘The contract shall be for the duration of the initial contract period, with no provision for early termination’
This term is being replaced to allow all our clients to terminate their contract before the end of the contract period. Our new standard term will be as follows:
‘During the initial contract period, you can terminate this contract after the first full year of your contract by paying an early termination fee of 30% of the remaining contract balance. If you wish to terminate this contract before the first full year of your contract, you will also be required to pay the remainder of the first year’s fees’.
‘During any Renewed Contract, you can terminate the contract at any time by paying an early termination fee of 30% of the remaining contract balance’.
Failure to make payments
All Contracts for Services issued prior to 7th January 2019 included the following standard term:
‘Time for payment of the instalments shown in the payment schedule together with the service shall be the essence of the contract. Failure to adhere to the above payments will result in the total balance outstanding becoming payable immediately in full’.
This term is being replaced to better reflect how we respond to our clients who stop making their agreed payments. Our new standard term will be as follows:
‘If you fail to make the payments that you have agreed to in this contract and the total amount remains unpaid for more than 60 days, a default may be registered with our credit agency and we may suspend access to our services until payment is received’.
‘If you fail to make payment and the total amount remains unpaid for more than 90 days, we may take legal action to recover the overdue amount and an early termination fee of 30% of the remaining contract balance’.
Increase in total fees for renewed contracts
The following term was included in all Contracts for Services issued from 20th May 2016 to 14th May 2020 to apply a price increase at renewal to approximate the rate of increase in the Consumer Price Index (CPI):
‘For any Renewed Contract, the Total Fee will increase as follows:
a) if the Renewed Contract period is 1 years or less, the Total Fee will increase by 2%;
b) if the Renewed Contract period is up to 3 years, the Total Fee will increase by 6%; or
c) if the Renewed Contract period is greater than 3 years, the Total Fee will increase by 10%’.
This term has been removed from our standard terms from 15th May 2020.
Automatic renewal notice
All Contracts for Services issued between 20th May 2016 and 7th January 2019 included the following standard term:
‘At the end of the initial contract period, the contract will automatically renew for the same period as the initial contract period (Renewed Contract), unless terminated by either party giving written notice within the period set out in paragraph (h) to expire at the end of the initial period or any subsequent renewal period’
Paragraph (h):
‘The required written notice period is dependent on the length of the initial contract period, as follows:
i) if the initial contract period is two years or less, the required written notice is one month; or
ii) if the initial contract period is greater than two years, the required written notice is three months.’
‘One month prior to the commencement of the applicable written notice period, Employsure will provide notice of the automatic renewal to the primary contact email address nominated in the initial contract’.
All Contracts for Services issued prior to 20th May 2016 included the following standard term:
‘At the end of the initial contract period, the contract will automatically renew for the same period as the initial contract period, unless terminated by either party giving the required written notice (set out in paragraph (f)) to expire at the end of the initial period or any subsequent renewal period’
Paragraph (f):
‘The required written notice period is dependent on the length of the initial contract period, as follows:
(iii) if the initial contract period is one year or less, the required written notice is one month;
(iv) if the initial contract period is between one year and three years, the required written notice is three months; and
(v) if the initial contract period is greater than three years, the required written notice is six months.’
‘One month prior to the commencement of the applicable written notice period, Employsure will provide notice of the automatic renewal to the primary contact email address nominated in the initial contract’.
This term is being replaced to ensure we give you enough notice to make a decision about renewal and at the same time reducing the amount of time before renewal that we need you to give us notice by. Our new standard term will be as follows:
‘At the end of the initial contract period, and any future contract period, the contract will automatically renew for the same period (Renewed Contract). We will send you an email reminder of this auto-renewal at least 90 days before the end of the contract period.
If you do not want your contract to automatically renew, we require you to give us notice of any decision not to automatically renew your contract at least one month before the end of your contract period. You can contact us at any time and we will record your notice.
We also have the right to end this contract at the end of the contract period, but we must provide you with notice of any decision not to automatically renew your contract at least one month before the end of your contract period.’
The following standard terms have been included in all Contracts for Services issued since 7th January 2019 and will apply to all Contracts for Services issued before that date. They have been included to reflect beneficial changes to our services or provide better clarification of our terms.
Changes to standard terms
‘We may change our standard terms from time to time. If we do change our standard terms, the terms will be no less favourable to these terms and we will notify you by email at least 30 days before any change. You can notify us before the changes become effective if you would prefer to remain on your existing terms.’
Contact details
‘You agree to keeping us informed of any changes to company details, including email addresses or telephone numbers for your primary contact named on this contract, as this email address will be used by us for all important messages relating to your contract, including the auto-renewal notice reminder referred to in (d) below.’
Protected clients
‘By including protection benefits in your contract for services, you agree to apply for membership of Employsure Mutual Limited (the mutual).’
To review our updated Standard Terms, please click HERE.