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Terms & conditions

1.General Terms

These terms apply to all services provided by MYP Corporation Pty Ltd (trading as “iinduct”), including both the iinduct Premium system and iinductGO.

1.1 Definitions
  • Services: Online training, compliance monitoring, and other functionalities as specified in the service agreement.
  • Confidential Information: All customer or iinduct proprietary information as outlined in the agreement.

2.Provision of Services

2.1 General Services
  • iinduct will provide access to its online learning and compliance systems as specified in the customer’s agreement.
  • All services are delivered in accordance with professional standards recognised by the industry.
2.2 iinduct Premium Services
  • iinduct Premium allows for customisation of training modules and system features to meet the customer’s specific requirements.
2.3 iinductGO Services
  • iinductGO is provided as a pre-configured system with standardised features and modules.
  • Customisation of content or functionality is not permitted for iinductGO.

3. Fees and Payment Terms

  • Payments for subscriptions are non-refundable.
  • Monthly license fees are payable in advance. Additional charges may apply for excess usage, including SMS and email notifications.
  • Failure to make payments within 14 days of notice may result in service suspension and interest charges.
3.1 iinductGO Fees
  • The minimum subscription term for iinductGO is three (3) months.
  • Customers must provide 30 days’ written notice to terminate after the minimum term.

4. Intellectual Property

4.1 Project and Background Material
  • Project Material: Any materials created specifically for the customer under this agreement are considered Project Material and will be provided to the customer for internal use only.
  • Background Material: Pre-existing materials, systems, and processes developed by iinduct remain its exclusive property. Customers are granted a non-exclusive license to use Background Material for the purposes outlined in the agreement.
4.2 Agency Material
  • Any material provided by customers to iinduct for use in the system is referred to as Agency Material. Customers retain ownership of Agency Material but grant iinduct a license to use it as needed to fulfil the agreement.

5. Use of the Platform

  • Payments for subscriptions are non-refundable.
  • Subcontracting, sublicensing, or granting access to third parties is prohibited.
  • Customers must comply with reasonable use policies, including SMS and email usage limits.

6. Data Security and System Availability

  • The platform targets an uptime of 99.9%.
  • Data is securely stored in Australian-based data centers, and any breach will be reported within 15 minutes.
  • Scheduled maintenance occurs between 1 a.m. and 5 a.m. with at least seven days’ advance notice where possible.
  • Notifications of updates or outages will be provided where possible.

7. Subcontracting

  • iinduct may subcontract certain aspects of its services, provided that subcontractors comply with the same obligations outlined in this agreement.
  • Subcontractors will not have access to Confidential Information unless required for performance and bound by equivalent confidentiality obligations.

8. Confidentiality

  • Both parties agree to keep confidential all proprietary information, including customer data, system materials, and fee structures.
  • Confidential Information includes information disclosed in writing or orally, including but not limited to staff names, contact details, compliance documents, and system-related data.
  • Neither party will disclose Confidential Information to third parties without prior written consent, except as required by law.
  • These obligations remain in effect indefinitely, even after the termination of the agreement.

9. Insurance

  • Both parties must maintain appropriate insurance coverage throughout the duration of the agreement as relevant to their obligations.

10. Conflict of Interest

  • Both parties warrant that no conflict of interest exists or is likely to arise during the performance of this agreement.
  • If a conflict of interest arises, the affected party must immediately notify the other and take reasonable steps to resolve the issue.

11. Termination

  • Either party may terminate the agreement with 30 days’ written notice, subject to the specific terms for each system.
  • For iinductGO, termination is not permitted within the initial three-month subscription term.
  • If the customer breaches the terms of this agreement, iinduct may terminate immediately upon written notice.
  • Upon termination, iinduct will provide the customer with a copy of their data and ensure a smooth transition.
  • Customers remain liable for any outstanding fees or charges incurred before termination.

12. Reasonable Use

  • Reasonable use policies apply to the iinduct Premium and iinductGO systems, including limits on SMS and email notifications.
  • Headcount: Customers must accurately represent the number of staff and volunteers using the system. Headcount limits may impact pricing, and any increases must be communicated to iinduct.
  • Archiving: Archiving is limited to staff no longer employed or on extended leave. Active staff cannot be archived to reduce headcount.

13. Dispute Resolution

  • Disputes will be resolved through good-faith negotiation before pursuing external methods.
  • If unresolved within 10 business days, disputes may proceed to arbitration or court proceedings.

15. Limitation of Liability

  • iinduct is not liable for issues arising from customer misuse of the platform or delays caused by the customer.
  • In the event of a data breach caused by iinduct, the company will indemnify the customer for related costs.

16. Miscellaneous

  • Severability: Invalid clauses do not affect the remainder of the agreement.
  • Governing Law: These terms are governed by Queensland law.