Terms of Service
Rbizz Solutions Pty Ltd (referred to as "Rbizz Solutions" below)
1. We respect your privacy
1.1. Rbizz Solutions respects your right to privacy and is
committed to safeguarding the privacy of our customers and
website visitors. We adhere to the Australian Privacy Principles
contained in the Privacy Act 1988 (Cth). This policy sets out how
we collect and treat your personal information.
1.2. "Personal information" is information we hold which is identifiable
as being about you.
2. Collection of personal information
2.1. Rbizz Solutions will, from time to time, receive and store
personal information you enter onto our website, provided to us
directly or given to us in other forms.
2.2. You may provide basic information such as your name, phone
number, address and email address to enable us to send
information, provide updates and process your product or service
order. We may collect additional information at other times,
including but not limited to, when you provide feedback, when you
provide information about your personal or business affairs,
change your content or email preference, respond to surveys
and/or promotions, provide financial or credit card information, or
communicate with our customer support.
2.3. Additionally, we may also collect any other information you
provide while interacting with us.
3. How we collect your personal information
3.1. Rbizz Solutions collects personal information from you
in a variety of ways, including when you interact with us
electronically or in person, when you access our website and
when we provide our services to you. We may receive personal
information from third parties. If we do, we will protect it as set out
4. Use of your personal information
4.1. Rbizz Solutions may use personal information collected
from you to provide you with information, updates and our
services. We may also make you aware of new and additional
products, services and opportunities available to you. We may use
your personal information to improve our products and services
and better understand your needs.
4.2. Rbizz Solutions may contact you by a variety of
measures including, but not limited to telephone, email, sms or
5. Disclosure of your personal information
5.1. We may disclose your personal information to any of our
employees, officers, insurers, professional advisers, agents,
suppliers or subcontractors insofar as reasonably necessary for
the purposes set out in this Policy. Personal information is only
supplied to a third party when it is required for the delivery of our
5.2. We may from time to time need to disclose personal information to
comply with a legal requirement, such as a law, regulation, court
order, subpoena, warrant, in the course of a legal proceeding or in
response to a law enforcement agency request.
5.3. We may also use your personal information to protect the
copyright, trademarks, legal rights, property or safety of Rbizz
Solutions, www.rbizz.com.au, its customers or third
5.4. Information that we collect may from time to time be stored,
processed in or transferred between parties located in countries
outside of Australia.
5.5. If there is a change of control in our business or a sale or transfer
of business assets, we reserve the right to transfer to the extent
permissible at law our user databases, together with any personal
information and non-personal information contained in those
databases. This information may be disclosed to a potential
purchaser under an agreement to maintain confidentiality. We
would seek to only disclose information in good faith and where
required by any of the above circumstances.
5.6. By providing us with personal information, you consent to the
this Policy. Where we disclose your personal information to third
parties, we will request that the third party follow this Policy
regarding handling your personal information.
6 . Security of your personal information
6.1. Rbizz Solutions is committed to ensuring that the
information you provide to us is secure. In order to prevent
unauthorised access or disclosure, we have put in place suitable
physical, electronic and managerial procedures to safeguard and
secure information and protect it from misuse, interference, loss
and unauthorised access, modification and disclosure.
6.2. The transmission and exchange of information is carried out at
your own risk. We cannot guarantee the security of any
information that you transmit to us, or receive from us. Although
we take measures to safeguard against unauthorised disclosures
of information, we cannot assure you that personal information
that we collect will not be disclosed in a manner that is
7. Access to your personal information
7.1. You may request details of personal information that we hold
about you in accordance with the provisions of the Privacy Act
1988 (Cth). A small administrative fee may be payable for the
provision of information. If you would like a copy of the
information, which we hold about you or believe that any
information we hold on you is inaccurate, out of date, incomplete,
irrelevant or misleading, please email us at firstname.lastname@example.org.
7.2. We reserve the right to refuse to provide you with information that
we hold about you, in certain circumstances set out in the Privacy
8. Complaints about privacy
8.1. If you have any complaints about our privacy practices, please
feel free to send in details of your complaints to 6 Hunt Club Road,
Narre Warren South, Victoria, 3805. We take complaints very
seriously and will respond shortly after receiving written notice of
future. We may modify this Policy at any time, in our sole
discretion and all modifications will be effective immediately upon
our posting of the modifications on our website or notice board.
10.1. When you visit our website
When you come to our website (www.rbizz.com.au) we may
collect certain information such as browser type, operating
system, website visited immediately before coming to our site, etc.
This information is used in an aggregated manner to analyse how
people use our site, such that we can improve our service.
are very small files which a website uses to identify you when you
come back to the site and to store details about your use of the
site. Cookies are not malicious programs that access or damage
your computer. Most web browsers automatically accept cookies
but you can choose to reject cookies by changing your browser
settings. However, this may prevent you from taking full advantage
analyses website traffic and help us provide a better website
visitor experience. In addition, cookies may be used to serve
relevant ads to website visitors through third party services such
as Google Adwords. These ads may appear on this website or
other websites you visit.
10.3. Third party sites
Our site may from time to time have links to other websites not
owned or controlled by us. These links are meant for your
convenience only. Links to third party websites do not constitute
sponsorship or endorsement or approval of these websites.
Please be aware that Rbizz Solutions is not responsible
for the privacy practises of other such websites. We encourage
our users to be aware, when they leave our website, to read the
privacy statements of each and every website that collects
personal identifiable information.
a. RBizz Solutions Pty Ltd (hereinafter referred to as "RBizz Solutions") have set out in this document our basic terms and conditions of business (the “Terms”), which, together with our Engagement letter (together called “this Agreement”), will apply to all work RBizz Solutions undertakes for you with respect to this engagement. If there is any conflict between these Terms and our Engagement letter, then the Engagement letter shall prevail.
b. For the purposes of the Terms, “RBizz Solutions” includes its directors, employees and all its related entities.
c. The word "website" refers to https://rbizz.com.au
2. Our services
a. RBizz Solutions will provide the services set out in our Engagement Letter (the “Services”) and will use all reasonable commercial efforts to provide the Services in an efficient and timely manner, using the necessary skill and expertise to an appropriate professional standard.
3. Your obligations
a. You agree to pay for the Services in accordance with this Agreement.
b. You will provide RBizz Solutions promptly with such information as may reasonably be required for the proper performance of the Services, including access to appropriate members of your staff, records, information, technology, systems and premises.
c. RBizz Solutions shall be entitled to rely upon the accuracy of all information provided by you, or by others on your behalf, without independently verifying it.
d. You shall retain responsibility for the use of, or reliance on, advice or recommendations supplied by us in the delivery of the services.
e. You undertake that, if anything occurs after information is provided by you to RBizz Solutions, to render such information untrue, unfair or misleading, you will promptly notify RBizz Solutions and, if required by RBizz Solutions, take all necessary steps to correct any announcement, communication or document issued which contains, refers to or is based upon, such information.
f. You acknowledge that information made available by you, or by others on your behalf, to, or which is otherwise known by, partners or staff of RBizz Solutions who are not engaged in the provision of the Services shall not be deemed to have been made available to the individuals within RBizz Solutions who are engaged in the provision of the Services.
a. Both parties acknowledge that they may, in the course of the engagement, be exposed to or acquire information that is proprietary or confidential to the other party. Both parties agree to hold such information in strict confidence, and not to divulge such information except as may be required by law or judicial process, by any persons or bodies responsible for regulating that party’s business (including any regulatory or accounting profession supervisory authorities in Australia or elsewhere), as required by a party’s internal policies or as the party reasonably determines is necessary to protect its own legitimate interests.
a. You agree that during the provision of the Services, and for a period of six months thereafter, you will not make any offer of employment to any RBizz Solutions directors or employee involved in the provision of the Services, without our prior consent.
6. Benefit of advice
a. Unless otherwise specifically stated in the Engagement Letter, any advice or opinion relating to the Services is provided solely for your benefit and may not be disclosed in any way, including any publication on any electronic media, to any other party and is not to be relied upon by any other party.
b. During the supply of our services, we may supply oral, draft or interim advice, reports or presentations but in such circumstances our written advice or final written report shall take precedence. No reliance should be placed by you on any oral, draft or interim advice, reports or presentations. Where you wish to rely on oral advice or an oral presentation, you shall inform us and we will provide documentary confirmation of the advice.
c. RBizz Solutions shall not be under any obligation in any circumstance to update any advice or report, oral or written, for events occurring after the advice or report has been issued in final form.
7. Electronic mail
a. If you ask us to transmit any document to you electronically, you agree to release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document after transmission, for any delay or non-delivery of any document and for any damage caused to your system or any files by the transmission (including by any computer virus).
b. You may not rely on electronically transmitted advice or opinion unless it is subsequently confirmed by fax or letter signed by a partner or authorised signatory of RBizz Solutions.
8. Fees, expenses and payment terms
a. The time based fees, if any, quoted in the Engagement Letter or as separately quoted in a fee letter will remain in force until 30 June and we may increase fees for work continuing past that date. We review our time based fees six monthly.
b. Out-of-pocket expenses incurred in connection with the engagement will be charged to you.
c. The consideration payable for any supply made or to be made under this Agreement is exclusive of any goods and services tax (“GST”). If GST is payable on any supply made or to be made under this Agreement, you agree that the consideration payable for any such supply shall be increased by an amount equal to the amount of GST payable by RBizz Solutions in respect of that supply.
d. Accounts are to be paid according to the payment terms shown on the invoices or within 14 days of the billing date. If they are not paid by this date, we may charge you an additional amount for the Services equal to interest on the unpaid balances at a rate equal to 2% over the 180 Day Bank Bill Rate.
e. If we are required (pursuant to any order, subpoena, directive or other legal or regulatory process) to produce documents and/or information, answer enquiries, attend court or meetings or deal with any similar requests in relation to the Services for, or by, any judicial, regulatory, administrative or similar body or entity (including without limitation, any foreign regulator or similar), you shall reimburse us at standard billing rates for our professional time and expenses, including reasonable legal fees, incurred in dealing with those matters.
9. Problem resolution
a. If at any time you would like to discuss with us how the Services can be improved or if you have a complaint about them, you are invited to telephone the partner or director, as the case may be, identified in the Engagement Letter. We will investigate any complaint promptly and do what we can to resolve the difficulties. The preferred channel for any problem resolution is to email email@example.com so as it can be properly documented and resolved.
b. If the problem cannot be resolved, the parties agree to enter into mediation, or some other form of alternative dispute resolution, before commencing legal proceedings.
c. In the event of a dispute, or where fees remain unpaid beyond the due date, we reserve the right to suspend provision of the Services until such time as the dispute is resolved or the fees are paid. Suspension of the Services will not affect your obligation to pay us for Services rendered to the date of suspension.
10. Termination of Agreement
a. Each of us may terminate this Agreement if: the other commits any material or persistent breach of its obligations under this Agreement (which, in the case of a breach capable of remedy, shall not have been remedied within 14 days of receipt by the party in breach of a notice identifying the breach and requiring its remedy); or the other becomes insolvent; or the Services are suspended under clause 9.3 for more than 10 normal working days.
b. Termination must be effected by written notice served on the other.
c. RBizz Solutions may terminate this Agreement immediately by providing written notice to you if there has been a change of law, rule, regulation or professional standard or a change in circumstance that would cause the continued provision of these Services under this Agreement by RBizz Solutions to violate such law, rule, regulation or professional standard or would otherwise, in the reasonable opinion of RBizz Solutions, prejudice RBizz Solutions’s ability to comply with any applicable auditor independence requirement.
d. Termination under this clause shall be without prejudice to any rights that may have accrued for either of us before termination and all sums due to us shall become payable in full when termination takes effect.
11. Limitation of liability
a. In this section, we set out, and you accept, the limitations which apply to our liability to you should you have reason to make a claim against us. The limitations and exclusions are accepted by both of us to be fair and reasonable, given the duties we are undertaking, the sums to which we are entitled and the availability (and cost) of insurance.
b. Nothing in these Terms excludes, restricts or modifies the application of the provisions of any statute (including the Trade Practices Act 1974) where to do so would contravene that statute or cause any part of these Terms to be void.
c. These Terms, and the Engagement Letter, are the only communications governing our relationship. Subject to clause 11.2, RBizz Solutions expressly excludes and will have no liability for any statements, representations, guarantees, conditions or warranties, including any which may be implied by statute, common law or custom or which arise from oral or written communications with you, which are not expressly contained in this Agreement. If any representations are of importance to you, you should ensure that they are expressly set out in the Engagement Letter before signature.
d. Without limiting clauses 11.2, 12.1 and 12.2, RBizz Solutions’s liability in relation to the Services is limited under an Institute of Chartered Accountants in Australia Scheme approved under the relevant Australian States and Territories professional standards legislation, including, where applicable, the Treasury Legislation Amendment (Professional Standards) Act 2004 (Cth) (“PSL Scheme”). A copy of the relevant PSL Scheme, is available from your RBizz Solutions representative or at http://www.professionalstandardscouncil.gov.au.
e. Where a PSL Scheme does not apply, and subject to clauses 11.2 and 11.6, you agree that RBizz Solutions’s liability for any loss or damage suffered by you (whether direct, indirect or consequential) in connection with the Services, including (without limitation) liability for any negligent act or omission or misrepresentation of RBizz Solutions, shall be limited to an amount equal to ten (10) times the reasonable charge for the Services. You agree to release RBizz Solutions from all claims arising in connection with the Services to the extent that RBizz Solutions’s liability in respect of such claims would exceed that sum.
f. If RBizz Solutions is liable for a breach of any warranty implied by section 74 of the Trade Practices Act, 1974 in respect of Services not of a kind ordinarily acquired for personal, domestic or household use or consumption, RBizz Solutions’s liability under that section is limited to the supplying of the Services again or the payment of the cost of having the Services supplied again, whichever RBizz Solutions, in its absolute discretion, elects.
g. To the extent permitted by law, you agree that to the extent that any loss or damage suffered by you is attributable to negligence, fault or lack of care on your part or on the part of any person for whom you are responsible, RBizz Solutions is not liable (in contract, tort or otherwise) for the loss or damage.
a. You agree to indemnify and hold harmless RBizz Solutions against any and all losses, claims, costs, expenses, actions, demands, damages, liabilities or any other proceedings, whatsoever incurred by RBizz Solutions in respect of any claim by a third party arising from or connected to any breach by you of your obligations under this Agreement.
b. RBizz Solutions shall not be liable for any losses, claims, expenses, actions, demands, damages, liabilities or any other proceedings arising out of reliance on any information provided by you or any of your representatives, which is false, misleading or incomplete. You agree to indemnify and hold harmless RBizz Solutions from any such liabilities we may have to you or any third party as a result of reliance by RBizz Solutions on any information provided by you or any of your representatives, which is false, misleading or incomplete.
c. In the event of any inconsistency between clauses 11 and 12, clause 12 shall prevail.
b. If your stakeholders have not been made aware of the possible collection, holding, use or disclosure of their personal and sensitive information by RBizz Solutions as part of this engagement, you agree to inform RBizz Solutions so that should this be necessary, RBizz Solutions may take action to raise the awareness of your stakeholders about the same.
14. Force majeure
a. If the performance of this Agreement by a party, is prevented or restricted by reason of fire, storm, flood, earthquake, war, labour dispute, transportation embargo, law, order, or directive of any government in matters relating to this Agreement, or any other act or condition beyond the reasonable control of that party, then the party is excused from such performance to the extent of the same, but will use their best efforts to avoid or remove the causes of non- performance and to cure and complete performance with the utmost dispatch.
15. Governing law and jurisdiction
a. Unless otherwise specified in the Engagement Letter, this Agreement and all aspects of our engagement and our performance of the Services are governed by, and construed in accordance with, the laws applicable in the State or Territory of the RBizz Solutions office entering into this Agreement. Both you and we agree to irrevocably submit any disputes arising under this agreement to the exclusive jurisdiction of the Courts of that state.
a. No variation of this Agreement will be valid unless confirmed in writing by authorised signatories of both parties, or the packaged offering is updated electronically and the acceptance of terms & conditions for the new packaged offering are accepted on or after the date of signature (digital or otherwise) of the Engagement Letter.
17. Reliance on Advice
a. You acknowledge and agree that any advice, recommendations, information or work product provided to you by RBizz Solutions in connection with this engagement is for your sole use. You agree that if you make such advice, recommendations, information or work product available to any third party, you will notify such third party, in writing, that RBizz Solutions’s advice, recommendations, information and work product is for your sole benefit based on the specific facts and circumstances and the scope of RBizz Solutions’s engagement with you and is not intended to be relied upon by any other person. In the event of a claim by any third party relating to our services under this engagement that arises out of a breach by you or any of your personnel of this paragraph, you agree to indemnify and hold harmless RBizz Solutions and our personnel from all such claims, liabilities, costs and expenses (including legal fees and disbursements).
19. INTELLECTUAL PROPERTY
a. General: Title to, and all Intellectual Property Rights in the Services, the Website and any documentation relating to the Services remain the property of RBizz Solutions (or its licensors).
b. Ownership of Data :Title to, and all Intellectual Property Rights in, the Data remain Your property. However, Your access to the Data is contingent on full payment of the RBizz Solutions Access Fee when due. You grant RBizz Solutions a licence to use, copy, transmit, store, and back-up Your information and Data for the purposes of enabling You to access and use the Services and for any other purpose related to provision of services to You.
c. Backup of Data: You must maintain copies of all Data inputted into the Service. RBizz Solutions adheres to its best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but does not make any guarantees that there will be no loss of Data. RBizz Solutions expressly excludes liability for any loss of Data no matter how caused.
d. Third-party applications and your Data. If You enable third-party applications for use in conjunction with the Services, You acknowledge that RBizz Solutions may allow the providers of those third-party applications to access Your Data as required for the interpretation of such third-party applications with the Services. RBizz Solutions shall not be responsible for any disclosure, modification or deletion of Your Data resulting from any such access by third-party application providers.
20. Access conditions:
a. You must ensure that all usernames and passwords required to access the Service are kept secure and confidential. You must immediately notify the software provider in question of any unauthorised use of Your passwords or any other breach of security and the software provider will reset Your password and You must take all other actions that RBizz Solutions and the software provider reasonably deems necessary to maintain or enhance the security of RBizz Solutions’s/the Software Provider’s computing systems and networks and Your access to the Services.
b. As a condition of these Terms, when accessing and using the Services, You must: not attempt to undermine the security or integrity of RBizz Solutions’s or the software provider’s computing systems or networks or, where the Services are hosted by a third party, that third party’s computing systems and networks;
c. not use, or misuse, the Services in any way which may impair the functionality of the Services or Website, or other systems used to deliver the Services or impair the ability of any other user to use the Services or Website;
d. not attempt to gain unauthorised access to any materials other than those to which You have been given express permission to access or to the computer system on which the Services are hosted;
e. not transmit, or input into the Website, any: files that may damage any other person’s computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which You do not have the right to use); and
f. not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Website except as is strictly necessary to use either of them for normal operation.
Accessing and using information on this Portal
In order to be able to access the information offered on this Portal, you may need to use a specific user ID, email address or other login information, such as a password (Login Information).
You must not disclose your Login Information to any person or otherwise allow any person to access the Portal using your Login Information.
You must take your own precautions to ensure that the process which you employ for accessing this Portal does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Portal or any Linked Site.
Warnings regarding information on the Portal
The information contained on this Portal is provided by us in good faith on an "as is" basis and all users must verify the information before using the information. We do not make any representation or warranty that the information contained on the Portal is reliable, accurate or complete or that your access to that information will be uninterrupted, timely or secure. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this Portal.
You should make your own enquiries and seek advice before acting or relying on any information or material which is made available to you pursuant to the Portal.
You acknowledge that we may be only a distributor, not a publisher, of content on this Portal and that our editorial control may be limited to the selection of materials to make available. Where the information made available contains opinions or judgements of third parties, we do not purport to endorse the contents of that opinion or advice nor the accuracy or reliability of that opinion or advice.
• adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Portal or from any information obtained from this Portal; or
• commercialise any information, products or services obtained from any part of this Portal, without our written permission or, in the case of third party material, from the owner of the copyright in that material.
This Portal includes trade marks owned by us (or our licensors) including, but not limited to the RBIZZ trade mark. You must not use any of our trade marks:
• in connection with activities, products or services which are not ours;
• in a manner which may be confusing, misleading or deceptive;
• in a manner that disparages us or our information or services (including this Portal).
You must not authorise or assist any person to do any of the acts specified above.
Unless we agree otherwise in writing, you are provided with access to this Portal for your use only. Without limiting the foregoing, you may not without our written permission on sell information obtained from this Portal to any third party. These obligations of confidentiality do not apply to any information which is already in the public domain, other than through a breach by you of this obligation, or which is required to be disclosed by law or a regulatory body.
This Portal may contain links to other websites (Linked Sites). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with Linked Sites.
Our links with Linked Sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Sites, or of any information, graphics, materials, products or services referred to or contained on those Linked Sites, unless and to the extent stipulated to the contrary.
Security of Information
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. However, we promise that we don't share our customers' information with third parties for any direct or indirect commercial gain to us.
Termination of Access
We may collect general information such as the pages you access, the date and time of your visit, IP address, and the domain name and country from which you access this Portal. This includes the use of "cookies". Most browsers can be configured so as not to accept cookies, however this may affect the functionality of the Portal. Please refer to our Cookie Statement for more information https://www.rbizz.com.au/cookies.