Terms & Agreements
The full set of service agreements, consents and platform terms that apply across the ShiftLink ecosystem, organised by who they apply to.
1. Parties
This Master Platform Agreement is between Care2All Australia Pty Ltd trading as ShiftLink (ShiftLink) and each customer entering into a Platform service agreement.
2. Purpose
This Agreement establishes the overarching legal framework governing access to and use of the ShiftLink Platform and all related services.
3. Definitions
Defines key terms including Agreement, Services, Customer, Authorised User, Platform, Order Form, Confidential Information and Applicable Law.
4. Scope
This Agreement applies to all subscriptions, modules, integrations and related agreements unless expressly stated otherwise.
5. Platform Services
ShiftLink will provide access to the Platform in accordance with the applicable subscription, documentation and service terms.
6. Customer Obligations
Customers must use the Platform lawfully, maintain accurate information and comply with all applicable laws and policies.
7. Fees and Payment
Fees, invoicing, taxes and payment obligations are governed by the applicable Order Form and Subscription Agreement.
8. Term and Renewal
This Agreement commences on acceptance and continues in accordance with the applicable subscription term unless terminated earlier.
9. Intellectual Property
All intellectual property rights in the Platform remain the property of ShiftLink or its licensors, except for Customer Data and rights expressly granted under this Agreement.
10. Privacy and Confidentiality
Each party must comply with applicable Australian privacy laws and maintain the confidentiality of information received under this Agreement.
11. Security
ShiftLink will maintain reasonable administrative, technical and physical safeguards to protect the Platform and Customer Data.
12. Availability and Support
Platform availability and support commitments are governed by the applicable Service Level Agreement and Subscription Agreement.
13. Suspension
ShiftLink may suspend access where reasonably necessary to protect security, comply with legal obligations or address material breaches.
14. Third-Party Services
Use of integrated third-party products and services is subject to the relevant third-party terms and conditions.
15. Compliance
Each party must comply with applicable Australian laws, NDIS obligations and regulatory requirements relevant to its activities.
16. Notices
Formal notices under this Agreement must be provided in writing using the communication methods specified by the parties.
17. Termination
Either party may terminate this Agreement in accordance with its terms, the applicable subscription, or where permitted by law following a material breach.
18. Limitation of Liability
To the maximum extent permitted by Australian law, each party's liability is limited as set out in this Agreement and any applicable service-specific agreement.
19. Survival
Clauses relating to confidentiality, privacy, intellectual property, payment obligations, liability, dispute resolution and other provisions intended to survive termination will remain in effect.
20. Governing Law
This Agreement is governed by the laws of the applicable Australian State or Territory, and the parties submit to the jurisdiction of its courts.
21. General Provisions
This Agreement contains the entire agreement between the parties and includes provisions regarding notices, severability, waiver, assignment, force majeure and amendments.
22. Order of Precedence
In the event of inconsistency, this Master Platform Agreement prevails unless another agreement expressly states otherwise, subject to mandatory Australian law.
Schedule A – Agreement Hierarchy
Summary of the relationship between this Master Platform Agreement and all supporting platform agreements, policies and order forms.
Schedule B – Execution
Customer Representative: __________
Signature: __________
Date: __________
Accepted for Care2All Australia Pty Ltd trading as ShiftLink.
Authorised Signatory: __________
1. Parties
This Platform Account Terms agreement is between Care2All Australia Pty Ltd trading as ShiftLink (ShiftLink) and each individual or organisation that creates or uses a Platform account.
2. Purpose
These Terms govern the creation, maintenance and use of Platform accounts and associated access rights.
3. Definitions
Defines Account, Authorised User, Administrator, Credentials, Multi-Factor Authentication, Suspension and Applicable Law.
4. Account Registration
Users must provide accurate, complete and current registration information and promptly update any changes.
5. Eligibility
Only persons or organisations legally entitled to use the Platform may create or maintain an account.
6. Account Security
Users are responsible for protecting usernames, passwords and authentication methods and must immediately notify ShiftLink of suspected compromise.
7. User Roles and Permissions
Account administrators are responsible for assigning, reviewing and removing user permissions appropriate to organisational responsibilities.
8. Acceptable Account Use
Accounts must not be shared, transferred, misused or used for unlawful, fraudulent or unauthorised activities.
9. Authentication Requirements
ShiftLink may require strong passwords, multi-factor authentication and other identity verification measures to protect Platform accounts.
10. Account Administration
Organisation administrators are responsible for creating, managing, reviewing and disabling user accounts as appropriate.
11. Suspension of Accounts
ShiftLink may suspend accounts where security risks, suspected fraud, misuse or legal obligations require immediate action.
12. Account Termination
Accounts may be terminated by the user or ShiftLink in accordance with the applicable agreements and legal requirements.
13. Privacy and Confidentiality
Account information and personal data will be processed in accordance with ShiftLink's Privacy Policy and applicable Australian privacy laws.
14. Audit Logs
ShiftLink may maintain logs of account activity, authentication events and administrative actions for security, compliance and audit purposes.
15. Prohibited Activities
Users must not impersonate others, bypass security controls, share credentials or use accounts for unlawful purposes.
16. Compliance
Users must comply with applicable Australian laws, NDIS obligations and all ShiftLink policies relating to account access and security.
17. Monitoring and Security
ShiftLink may monitor account activity to detect unauthorised access, security incidents, fraud, and compliance issues.
18. Limitation of Liability
To the maximum extent permitted by law, liability relating to Platform accounts is governed by the Master Platform Agreement except where liability cannot legally be excluded.
19. Changes to Account Services
ShiftLink may modify account management features, authentication methods, or security controls to improve the Platform or comply with legal requirements.
20. Governing Law
These Platform Account Terms are governed by the laws of the applicable Australian State or Territory specified in the Master Platform Agreement or Order Form.
21. General Provisions
Entire agreement, notices, severability, waiver, assignment, force majeure and survival provisions apply.
22. Order of Precedence
Where inconsistent, these Terms operate together with the Master Platform Agreement, with mandatory Australian law prevailing where applicable.
Schedule A – Account Administration
Describes account roles, authentication requirements, security controls, audit logging and account lifecycle management.
Schedule B – Execution
Customer Representative: __________
Signature: __________
Date: __________
Accepted for Care2All Australia Pty Ltd trading as ShiftLink.
Authorised Signatory: __________
1. Purpose
These SaaS Terms and Conditions govern access to and use of the ShiftLink software platform.
They form a legally binding agreement between Care2All Australia Pty Ltd and each Customer.
2. Acceptance
By registering for, accessing or using the Platform, the Customer agrees to these Terms.
3. Definitions
Platform means the ShiftLink software and related services.
Customer means the subscribing organisation or authorised user.
4. Subscription Services
ShiftLink provides subscription-based access to software features in accordance with the selected subscription plan.
5. Eligibility
The Customer warrants that it has authority to enter into this Agreement.
6. Customer Accounts
The Customer is responsible for all activity occurring under authorised accounts and for maintaining credential security.
7. Permitted Use
The Platform must only be used for lawful business purposes and in accordance with these Terms.
8. Prohibited Use
The Customer must not reverse engineer, disrupt, misuse or attempt unauthorised access to the Platform.
9. Compliance
The Customer is responsible for complying with applicable Australian laws, including NDIS obligations where relevant.
10. Platform Updates
ShiftLink may update, improve or modify the Platform to maintain security, performance and functionality.
11. Fees and Payment
- Subscription fees must be paid in accordance with the selected plan and invoicing terms.
12. Free Trials
- Any free trial is subject to the applicable promotional terms and may be withdrawn or modified where permitted by law.
13. Renewals
- Subscriptions renew in accordance with the agreed billing cycle unless cancelled in accordance with these Terms.
14. Customer Data
- The Customer retains ownership of its data while granting ShiftLink the rights necessary to provide the Services.
15. Privacy
- Personal information is handled in accordance with the Privacy Policy and applicable Australian privacy legislation.
16. Information Security
- ShiftLink implements reasonable administrative, technical and organisational security measures to protect Customer Data.
17. Availability
- ShiftLink will use reasonable efforts to maintain platform availability but does not guarantee uninterrupted service.
18. Third-Party Services
- The Platform may integrate with third-party services that remain subject to their own terms and conditions.
19. Suspension
- ShiftLink may suspend access where required for security, legal compliance, non-payment or material breach.
20. Termination
- Either party may terminate the subscription in accordance with these Terms and any applicable agreement.
21. Intellectual Property
- All intellectual property rights in the Platform remain the property of Care2All Australia Pty Ltd or its licensors.
22. Warranties
- Except as required by law, the Platform is provided on an 'as available' basis without additional warranties.
23. Limitation of Liability
- Liability is limited to the maximum extent permitted under applicable Australian law.
24. Indemnity
- The Customer agrees to indemnify ShiftLink against losses arising from unlawful use or material breaches of these Terms.
25. Governing Law
- These Terms are governed by the laws of the Commonwealth of Australia and the applicable State or Territory.
Version Control
- Version: 1.0
- Effective Date: __________________
- Approved By: __________________
- Next Review Date: __________________
Acceptance
- By using the Platform, the Customer acknowledges that it has read, understood and agrees to these SaaS Terms and Conditions.
Schedule A – Definitions
- Defines key terms including Platform, Customer, Subscription, Services, Data and Authorised User.
Schedule B – Contact Details
- Legal notices relating to these Terms should be directed to Care2All Australia Pty Ltd using the official ShiftLink contact details.
1. Purpose
This Master Services Agreement governs the provision of professional and implementation services supplied by ShiftLink.
It establishes the contractual framework between Care2All Australia Pty Ltd and the Customer.
2. Parties
This Agreement is between Care2All Australia Pty Ltd trading as ShiftLink and the Customer identified in the applicable Order or Statement of Work.
3. Definitions
Services means implementation, configuration, consulting, training, support or other professional services.
Statement of Work means a document describing specific services to be delivered.
4. Scope of Services
ShiftLink will perform the Services described in the applicable Statement of Work.
5. Statements of Work
Each approved Statement of Work forms part of this Agreement.
6. Customer Responsibilities
The Customer will provide timely information, access and cooperation reasonably required for delivery of the Services.
7. Service Delivery
ShiftLink will perform the Services using reasonable skill, care and diligence.
8. Changes
Any material change to the scope, timeline or fees must be agreed in writing by the parties.
9. Project Timelines
Estimated delivery dates are subject to Customer cooperation and other reasonable dependencies.
10. Acceptance of Deliverables
The Customer will review deliverables within the agreed acceptance period and promptly notify ShiftLink of any material non-conformity.
11. Fees and Invoicing
- The Customer must pay all fees in accordance with the applicable Statement of Work or Order.
12. Payment Terms
- Invoices are payable within the agreed payment period unless otherwise specified in writing.
13. Customer Resources
- The Customer will provide personnel, facilities, systems and information reasonably required for the delivery of the Services.
14. Intellectual Property
- Each party retains ownership of its pre-existing intellectual property. Ownership of newly created materials will be governed by the applicable Statement of Work.
15. Confidentiality
- Each party must protect confidential information received from the other party and use it only for the purposes of this Agreement.
16. Privacy
- Personal information will be handled in accordance with applicable Australian privacy laws and the ShiftLink Privacy Policy.
17. Warranties
- ShiftLink warrants that the Services will be performed with reasonable skill and care consistent with accepted industry standards.
18. Limitation of Liability
- Liability under this Agreement is limited to the maximum extent permitted by Australian law.
19. Suspension
- ShiftLink may suspend Services where required for legal compliance, security, non-payment or material breach.
20. Termination
- Either party may terminate this Agreement in accordance with its termination provisions or any applicable Statement of Work.
21. Dispute Resolution
- The parties will first attempt to resolve any dispute through good-faith negotiations before commencing legal proceedings, unless urgent interlocutory relief is required.
22. Force Majeure
- Neither party will be liable for delays or failures caused by events beyond its reasonable control.
23. Governing Law
- This Agreement is governed by the laws of the Commonwealth of Australia and the applicable State or Territory.
24. Severability
- If any provision of this Agreement is held invalid or unenforceable, the remaining provisions continue in full force and effect.
25. Entire Agreement
- This Agreement, together with any Statement of Work and incorporated documents, constitutes the entire agreement between the parties.
Version Control
- Version: 1.0
- Effective Date: __________________
- Approved By: __________________
- Next Review Date: __________________
Execution
- Customer Authorised Representative: __________________
- Signature: __________________
- Date: __________________
- ShiftLink Authorised Representative: __________________
- Signature: __________________
- Date: __________________
Schedule A – Definitions
- Defines key terms including Services, Statement of Work, Deliverables, Customer and Confidential Information.
Schedule B – Notices
- Formal notices under this Agreement must be provided in writing using the contact details nominated by the parties.
1. Parties
This Subscription Agreement is between Care2All Australia Pty Ltd trading as ShiftLink (ShiftLink) and the subscribing customer identified in the applicable Order Form.
2. Purpose
This Agreement governs subscription plans, access to the ShiftLink SaaS platform, billing, renewals and related commercial terms.
3. Definitions
Defines Subscription, Billing Cycle, Order Form, Authorised Users, Fees, Renewal Term, GST, Suspension and related terms.
4. Subscription Plans
Customers may subscribe to plans published by ShiftLink. Features, user limits and storage allowances depend on the selected plan and Order Form.
5. Subscription Commencement
The subscription commences on the Effective Date stated in the Order Form or on first activation of the account, whichever occurs first.
6. Licence During Subscription
During an active subscription ShiftLink grants a limited, non-exclusive, non-transferable licence to access and use the Platform for the Customer's internal business purposes.
7. Billing Cycles
Subscriptions may be billed monthly or annually as specified in the Order Form. Renewal billing will follow the selected billing cycle unless cancelled in accordance with this Agreement.
8. Fees and GST
Subscription Fees must be paid in Australian Dollars unless otherwise agreed. GST applies where required by Australian law. Invoices are payable by the stated due date.
9. Payment Methods
Customers must maintain a valid payment method. ShiftLink may use approved payment processors to collect Subscription Fees.
10. Automatic Renewals
Unless cancelled before the renewal date, subscriptions automatically renew for the same billing period under the then-current pricing.
11. Upgrades
Customers may upgrade their subscription at any time. Upgraded plans take effect immediately unless otherwise specified, with prorated charges where applicable.
12. Downgrades
Downgrades take effect at the start of the next billing cycle unless otherwise agreed. Reduced features, storage or user limits may apply.
13. Failed Payments
If payment fails, ShiftLink may retry payment, issue reminders, suspend access after reasonable notice, and recover outstanding amounts where permitted by law.
14. Price Changes
ShiftLink may revise subscription pricing by providing reasonable prior notice. Continued use after the effective date constitutes acceptance of the revised pricing.
15. Cancellations
Customers may cancel in accordance with the cancellation process. Cancellation does not affect accrued payment obligations before the effective cancellation date.
16. Refunds
Refunds are provided only where required by Australian Consumer Law or expressly stated in the applicable Order Form or refund policy.
17. Suspension of Subscription
ShiftLink may suspend a subscription for material breach, prolonged non-payment, security risks, fraud, or where required by law, after providing reasonable notice where practicable.
18. Termination
Either party may terminate this Agreement in accordance with its terms. Termination does not affect accrued rights, payment obligations or clauses intended to survive termination.
19. Data Retention and Export
Following termination or expiry, Customer Data will be retained for the applicable retention period. Customers may export eligible data before permanent deletion, subject to Platform capabilities.
20. Australian Consumer Law
Nothing in this Agreement excludes, restricts or modifies any rights or remedies that cannot be excluded under the Australian Consumer Law or other applicable legislation.
21. Governing Law
This Agreement is governed by the laws of the Australian State or Territory specified in the applicable Order Form, with the parties submitting to the jurisdiction of its courts.
22. General Provisions
This Agreement constitutes the entire agreement regarding subscriptions. Amendments must be in writing. Severability, waiver, assignment, notices and force majeure provisions apply.
Schedule A – Subscription Summary
Customer: __________
Subscription Plan: __________
Billing Cycle: Monthly / Annual
Commencement Date: __________
Schedule B – Execution
Customer Representative: __________
Signature: __________
Date: __________
Accepted for Care2All Australia Pty Ltd trading as ShiftLink.
Authorised Signatory: __________
1. Purpose
This Data Processing Agreement (DPA) governs the processing of personal information by ShiftLink on behalf of customers.
It supports compliance with the Privacy Act 1988 (Cth), Australian Privacy Principles and applicable contractual obligations.
2. Scope
This Agreement applies whenever ShiftLink processes personal information in connection with the provision of its software and related services.
3. Definitions
Controller/Customer means the organisation determining the purposes of processing.
Processor/ShiftLink means Care2All Australia Pty Ltd acting on behalf of the Customer.
4. Subject Matter
The processing activities covered by this Agreement relate to the provision, maintenance and support of the ShiftLink platform.
5. Duration
This Agreement remains in effect for the duration of the applicable service agreement unless terminated earlier.
6. Categories of Data
Processing may include personal, contact, employment, billing, operational and, where authorised, sensitive information.
7. Categories of Data Subjects
Data subjects may include NDIS participants, support workers, employees, contractors, customer representatives and authorised users.
8. Processing Instructions
ShiftLink will process personal information only on documented instructions from the Customer unless otherwise required by law.
9. Confidentiality
Personnel authorised to process personal information must be subject to appropriate confidentiality obligations.
10. Compliance Obligations
ShiftLink will implement reasonable measures to comply with applicable privacy, security and contractual obligations.
11. Security Measures
- ShiftLink will implement appropriate technical and organisational measures to protect personal information against unauthorised access, loss, misuse and disclosure.
12. Sub-processors
- ShiftLink may engage approved sub-processors where necessary and will remain responsible for ensuring appropriate contractual safeguards are in place.
13. International Data Transfers
- Where personal information is transferred outside Australia, ShiftLink will implement appropriate legal and security safeguards.
14. Assistance to Customer
- ShiftLink will provide reasonable assistance to enable the Customer to comply with applicable privacy and data protection obligations.
15. Data Subject Requests
- ShiftLink will promptly notify the Customer of requests relating to access, correction, deletion or other privacy rights unless prohibited by law.
16. Personal Data Breaches
- ShiftLink will notify the Customer without undue delay after becoming aware of a reportable personal data breach affecting Customer data.
17. Audit Rights
- Subject to reasonable notice and confidentiality obligations, the Customer may verify compliance with this Agreement.
18. Record Keeping
- ShiftLink will maintain appropriate records relating to processing activities where required by law or contract.
19. Data Retention
- Personal information will be retained only for as long as necessary to fulfil contractual, legal and regulatory obligations.
20. Return or Deletion of Data
- Upon termination of the applicable services, ShiftLink will return or securely delete Customer personal information in accordance with contractual terms and applicable law.
21. Liability
- Each party remains responsible for its own compliance obligations and liabilities under applicable law and the governing agreements.
22. Governing Law
- This Agreement is governed by the laws of the Commonwealth of Australia and the applicable State or Territory.
23. Dispute Resolution
- The parties will seek to resolve disputes through good-faith negotiations before commencing court proceedings unless urgent relief is required.
24. Amendments
- This Agreement may be updated by written agreement or where permitted under the applicable master agreement and notified to the Customer.
25. Entire Agreement
- This Agreement forms part of, and should be read together with, the applicable service agreement and related privacy and security policies.
Version Control
- Version: 1.0
- Effective Date: __________________
- Approved By: __________________
- Next Review Date: __________________
Execution
- Authorised representatives acknowledge and accept this Data Processing Agreement in accordance with the governing service agreement.
Schedule A – Technical and Organisational Measures
- Summary of security controls, access management, encryption, monitoring, backup and incident response measures.
Schedule B – Processing Activities
- Summary of processing purposes, categories of personal information, data subjects, retention requirements and approved sub-processors.
1. Parties
This Acceptable Use Agreement is between Care2All Australia Pty Ltd trading as ShiftLink (ShiftLink) and each customer or authorised user accessing the Platform.
2. Purpose
This Agreement establishes acceptable standards for using the ShiftLink Platform and related services.
3. Definitions
Defines Acceptable Use, User Content, Prohibited Activity, Malware, Security Incident, Platform and Applicable Law.
4. Permitted Use
The Platform may only be used for lawful business purposes consistent with this Agreement and all applicable laws.
5. Prohibited Activities
Users must not engage in unlawful, fraudulent, abusive, infringing, deceptive or harmful conduct or interfere with the Platform or other users.
6. Security Obligations
Users must protect account credentials, avoid introducing malware and promptly report suspected security incidents.
7. User Content
Users are responsible for all content uploaded, transmitted or stored through the Platform and must ensure they have the necessary rights and permissions.
8. Compliance
Users must comply with Australian laws, NDIS requirements, privacy obligations and all ShiftLink policies.
9. Intellectual Property
Users must not copy, reverse engineer, reproduce, distribute or exploit Platform software, content or intellectual property except as expressly authorised.
10. Privacy and Confidentiality
Users must protect personal information and confidential information accessed through the Platform and comply with applicable Australian privacy laws and NDIS obligations.
11. Monitoring
ShiftLink may monitor Platform usage, logs and activity to detect misuse, maintain security, investigate incidents and comply with legal obligations.
12. Reporting Misuse
Users must promptly report suspected misuse, security vulnerabilities, unauthorised access or prohibited activities.
13. Third-Party Services
Use of integrated third-party services is subject to their applicable terms and privacy policies as well as this Agreement.
14. Suspension
ShiftLink may suspend user access where misuse, security risks, fraud or legal obligations require immediate action.
15. Enforcement
Breaches of this Agreement may result in warnings, restriction of functionality, suspension, termination or other lawful remedies.
16. Record Keeping
ShiftLink may retain relevant records relating to investigations, security incidents and compliance activities in accordance with legal requirements.
17. Termination
ShiftLink may terminate access for serious or repeated breaches of this Agreement or where required by law.
18. Limitation of Liability
Liability relating to misuse of the Platform is subject to the liability provisions in the Master Platform Agreement except where liability cannot legally be excluded.
19. Changes to this Agreement
ShiftLink may update this Agreement from time to time, with continued use constituting acceptance where permitted by law.
20. Governing Law
This Agreement is governed by the laws of the applicable Australian State or Territory.
21. General Provisions
Entire agreement, severability, waiver, assignment, notices, force majeure and survival apply.
22. Order of Precedence
This Agreement operates with the Master Platform Agreement and mandatory Australian law.
Schedule A – Examples of Prohibited Activities
Illustrative examples include malware distribution, credential sharing, unauthorised scraping, illegal content, harassment and attempts to compromise security.
Schedule B – Execution
User/Customer Representative: __________
Signature: __________
Date: __________
Accepted for Care2All Australia Pty Ltd trading as ShiftLink.
Authorised Signatory: __________
1. Parties
This Electronic Signature Agreement is between Care2All Australia Pty Ltd trading as ShiftLink (ShiftLink) and each user who electronically signs or accepts documents through the Platform.
2. Purpose
This Agreement governs the use of electronic signatures, electronic records and digital acceptance of agreements and documents within the ShiftLink Platform.
3. Definitions
Defines Electronic Signature, Electronic Record, Signatory, Authentication, Audit Trail, Consent, Platform and Applicable Law.
4. Consent to Electronic Transactions
By using the Platform, each Signatory consents to receive, execute and retain documents electronically, subject to applicable Australian law.
5. Legal Effect
Electronic signatures applied through the Platform are intended to have the same legal effect as handwritten signatures to the extent permitted by applicable law.
6. Identity Verification
ShiftLink may use account authentication, multi-factor authentication, email verification, timestamps, IP logs or other reasonable methods to verify the identity of Signatories.
7. Electronic Records
Executed documents may be stored electronically together with associated metadata, timestamps and audit records.
8. User Responsibilities
Users must protect account credentials, review documents before signing and ensure they have authority to execute documents on behalf of themselves or an organisation.
9. Authentication Standards
ShiftLink may use passwords, multi-factor authentication, email verification, device verification, IP logging and other reasonable authentication methods before permitting execution of electronic documents.
10. Audit Trails
For each electronically executed document, ShiftLink may maintain an audit trail including timestamps, account identifiers, IP addresses, document version history and other verification metadata.
11. Document Integrity
ShiftLink will implement reasonable measures to preserve the integrity of electronically executed documents and detect unauthorised alterations where technically feasible.
12. Record Retention
Electronic records and associated audit information may be retained in accordance with applicable legal requirements, contractual obligations and ShiftLink's data retention policies.
13. Customer Responsibilities
Customers must ensure authorised signatories have appropriate authority, review documents before signing and promptly report any suspected unauthorised execution.
14. Revocation and Withdrawal of Consent
Where permitted by law, a user may withdraw consent to electronic transactions by providing written notice. Withdrawal does not invalidate documents previously executed.
15. Security Incidents
Users must promptly notify ShiftLink of compromised credentials or suspected fraudulent electronic signatures. ShiftLink may temporarily suspend signing functionality to protect affected accounts.
16. Compliance with Law
The parties acknowledge that electronic transactions and signatures must comply with applicable Australian legislation and any industry-specific legal requirements.
17. Platform Availability
ShiftLink will use reasonable efforts to maintain availability of electronic signing services but does not guarantee uninterrupted access.
18. Limitation of Liability
To the maximum extent permitted by law, liability relating to electronic signature services is subject to the applicable Master Platform Agreement except where liability cannot be excluded.
19. Suspension and Termination
ShiftLink may suspend electronic signing functionality for security, fraud prevention, legal compliance or material breach.
20. Changes to this Agreement
ShiftLink may amend this Agreement to reflect legal, regulatory or operational changes. Material changes will be notified where reasonably practicable.
21. Governing Law
This Agreement is governed by the laws of the applicable Australian State or Territory specified in the Order Form or Master Platform Agreement.
22. General Provisions
Entire agreement, notices, severability, waiver, assignment, force majeure and survival provisions apply.
Schedule A – Electronic Signature Details
Authentication methods, audit trail records and document retention settings apply as configured for the Platform.
Schedule B – Execution
User/Representative: __________
Signature: __________
Date: __________
Accepted for Care2All Australia Pty Ltd trading as ShiftLink.
Authorised Signatory: __________
1. Parties
This API & Third-Party Integration Agreement is between Care2All Australia Pty Ltd trading as ShiftLink (ShiftLink) and each customer or authorised user that accesses or enables API functionality or third-party integrations.
2. Purpose
This Agreement governs the use of application programming interfaces (APIs), webhooks and third-party integrations available through the ShiftLink Platform.
3. Definitions
Defines API, Integration, Webhook, API Key, Access Token, Third-Party Service, Developer and Applicable Law.
4. Scope of API Services
ShiftLink may provide APIs and integration capabilities to facilitate interoperability with approved third-party systems, subject to subscription entitlements and technical limitations.
5. API Credentials
Customers are responsible for safeguarding API keys, tokens and authentication credentials and must immediately notify ShiftLink of any suspected compromise.
6. Integration Responsibilities
Customers are responsible for configuring, testing and maintaining their integrations and ensuring that connected systems operate lawfully and securely.
7. Third-Party Services
ShiftLink is not responsible for the availability, security or performance of third-party services unless expressly agreed in writing.
8. Acceptable API Use
Customers must not misuse APIs, exceed rate limits, attempt unauthorised access or interfere with Platform security or availability.
9. Authentication and Security
Customers must implement appropriate authentication, encryption and security controls when using APIs and integrations. API credentials must not be embedded in publicly accessible code or applications.
10. Rate Limits and Fair Use
ShiftLink may impose API rate limits, request quotas and other technical restrictions to ensure service stability and equitable resource allocation.
11. Data Exchange
Customers are responsible for ensuring that information exchanged through APIs is accurate, authorised and complies with applicable privacy, confidentiality and security obligations.
12. Monitoring and Logging
ShiftLink may monitor API usage and maintain logs for security, troubleshooting, auditing, service improvement and regulatory compliance.
13. Changes to APIs
ShiftLink may modify, deprecate or replace APIs, endpoints or integration features. Reasonable notice will be provided for material changes where practicable.
14. Suspension of Access
ShiftLink may suspend API access where security incidents, excessive usage, misuse, legal obligations or material breaches are identified.
15. Third-Party Responsibilities
Customers acknowledge that third-party integrations are subject to the applicable third-party terms, privacy policies and service availability.
16. Compliance
Customers must comply with applicable Australian laws, industry standards, NDIS requirements and ShiftLink policies when developing or operating integrations.
17. Intellectual Property
ShiftLink retains all intellectual property rights in its APIs, SDKs, documentation and related materials. No ownership rights are transferred except as expressly granted.
18. Limitation of Liability
To the maximum extent permitted by law, liability relating to API and integration services is governed by the Master Platform Agreement except where liability cannot legally be excluded.
19. Termination
ShiftLink may revoke API credentials or terminate integration access where required for security, legal compliance, service protection or material breach.
20. Governing Law
This Agreement is governed by the laws of the applicable Australian State or Territory specified in the Master Platform Agreement or Order Form.
21. General Provisions
Entire agreement, notices, severability, waiver, assignment, force majeure and survival provisions apply.
22. Order of Precedence
Where inconsistent, this Agreement operates together with the Master Platform Agreement, with mandatory Australian law prevailing where applicable.
Schedule A – API Specifications
Describes authentication methods, rate limits, supported endpoints, webhook requirements, security standards and integration lifecycle management.
Schedule B – Execution
Customer Representative: __________
Signature: __________
Date: __________
Accepted for Care2All Australia Pty Ltd trading as ShiftLink.
Authorised Signatory: __________
1. Parties
This Communication Services Agreement is between Care2All Australia Pty Ltd trading as ShiftLink (ShiftLink) and each customer or authorised user accessing communication services through the Platform.
2. Purpose
This Agreement governs the use of messaging, email, SMS, push notifications, in-app communications, video calls and related communication services provided through ShiftLink.
3. Definitions
Defines Communication Services, Message, Recipient, Notification, Electronic Communication, Third-Party Provider, User Content and Applicable Law.
4. Scope of Services
ShiftLink may provide communication tools that enable users to exchange information, send notifications and collaborate within the Platform.
5. Third-Party Communication Providers
ShiftLink may use third-party providers for email, SMS, voice, video conferencing and push notification delivery. Service quality and availability may depend on those providers.
6. User Responsibilities
Users must ensure communications are lawful, accurate, respectful and comply with privacy, confidentiality and NDIS obligations.
7. Consent to Receive Communications
Users consent to receive service notices, transactional messages, account notifications and other communications electronically through the Platform or associated channels.
8. Acceptable Communications
Users must not send spam, offensive, misleading, fraudulent or unlawful communications or content through the Platform.
9. Privacy and Confidentiality
Users must protect confidential and personal information communicated through the Platform. Communications containing personal or sensitive information must comply with applicable Australian privacy laws and NDIS requirements.
10. Message Delivery
ShiftLink will use reasonable efforts to facilitate message delivery but does not guarantee delivery times, receipt, or availability due to third-party provider limitations, network outages or recipient settings.
11. Communication Records
Messages, notifications and communication logs may be retained for operational, security, audit and legal compliance purposes in accordance with ShiftLink's data retention policies.
12. Security
ShiftLink implements reasonable technical and organisational safeguards to protect communication services from unauthorised access, alteration or disclosure.
13. Prohibited Content
Users must not transmit unlawful, defamatory, abusive, malicious, discriminatory, misleading or infringing content through the communication services.
14. Reporting Misuse
Users should promptly report suspected misuse, spam, harassment, phishing or security incidents affecting communication services.
15. Service Availability
Communication services may be interrupted due to maintenance, upgrades, security events or third-party service disruptions.
16. Compliance with Laws
All communications must comply with applicable Australian legislation, electronic communications requirements, privacy obligations and relevant professional standards.
17. Suspension and Termination
ShiftLink may suspend or terminate access to communication services where necessary to address security risks, misuse, legal obligations or material breaches of this Agreement.
18. Limitation of Liability
To the maximum extent permitted by law, liability relating to communication services is subject to the Master Platform Agreement except where liability cannot legally be excluded.
19. Changes to Communication Services
ShiftLink may modify communication features, providers or functionality to improve security, compliance or operational performance.
20. Governing Law
This Agreement is governed by the laws of the applicable Australian State or Territory specified in the Master Platform Agreement or Order Form.
21. General Provisions
Entire agreement, notices, severability, waiver, assignment, force majeure and survival provisions apply.
22. Order of Precedence
Where inconsistent, this Agreement operates together with the Master Platform Agreement, with mandatory law prevailing over conflicting contractual terms.
Schedule A – Communication Services
Describes supported messaging channels, notification methods, retention settings and applicable service limitations.
Schedule B – Execution
Customer Representative: __________
Signature: __________
Date: __________
Accepted for Care2All Australia Pty Ltd trading as ShiftLink.
Authorised Signatory: __________
1. Parties
This Cloud Storage & Document Hosting Agreement is between Care2All Australia Pty Ltd trading as ShiftLink (ShiftLink) and each customer or authorised user storing or hosting documents through the Platform.
2. Purpose
This Agreement governs the storage, hosting, management and retrieval of electronic documents and files within the ShiftLink Platform.
3. Definitions
Defines Cloud Storage, Hosted Document, Customer Data, Metadata, Backup, Recovery, Third-Party Infrastructure Provider and Applicable Law.
4. Scope of Services
ShiftLink provides cloud-based storage and document hosting to support Platform operations, subject to subscription entitlements and technical limits.
5. Storage Limits
Allocated storage capacity, file size limits and retention periods may vary depending on the customer's subscription plan.
6. Customer Responsibilities
Customers are responsible for ensuring they have lawful authority to upload, store and share documents and that uploaded content complies with applicable laws.
7. Security Measures
ShiftLink implements reasonable administrative, technical and organisational safeguards to protect hosted documents from unauthorised access or disclosure.
8. Backups and Recovery
ShiftLink may maintain backups to support business continuity and disaster recovery, but customers should retain copies of critical records where appropriate.
9. Data Availability
ShiftLink will use reasonable efforts to maintain access to hosted documents, subject to scheduled maintenance, outages, force majeure events and third-party infrastructure availability.
10. Data Retention
Hosted documents will be retained in accordance with the applicable subscription, customer instructions, legal obligations and ShiftLink's retention policies.
11. Document Sharing
Customers are responsible for managing permissions and ensuring that access to hosted documents is granted only to authorised users.
12. Privacy and Confidentiality
Documents containing personal or sensitive information must be handled in accordance with applicable Australian privacy legislation, NDIS requirements and ShiftLink's Privacy Policy.
13. Third-Party Infrastructure
ShiftLink may use reputable third-party cloud infrastructure providers to host documents and data. Such providers are selected using appropriate security and contractual safeguards.
14. Security Incidents
Customers must promptly notify ShiftLink of suspected unauthorised access, credential compromise or security incidents affecting hosted documents.
15. Acceptable Storage Use
Customers must not upload unlawful, malicious, infringing or prohibited content, or use storage services in a manner that adversely affects the Platform or other users.
16. Compliance
Customers remain responsible for complying with all applicable laws, professional obligations and regulatory requirements relating to the documents they upload and store.
17. Suspension and Termination
ShiftLink may suspend or terminate storage services where necessary to protect security, comply with legal obligations or respond to material breaches of this Agreement.
18. Limitation of Liability
To the maximum extent permitted by law, liability relating to cloud storage and document hosting services is subject to the Master Platform Agreement except where liability cannot legally be excluded.
19. Data Export and Deletion
Subject to the applicable subscription and legal obligations, customers may export eligible hosted documents before account closure. Remaining data may be securely deleted in accordance with retention policies.
20. Changes to Services
ShiftLink may modify storage architecture, hosting providers, technical specifications or functionality to improve security, compliance or operational performance.
21. Governing Law
This Agreement is governed by the laws of the applicable Australian State or Territory specified in the Master Platform Agreement or Order Form.
22. General Provisions
Entire agreement, notices, severability, waiver, assignment, force majeure and survival provisions apply.
Schedule A – Service Details
Describes storage allocations, supported file types, backup practices, retention settings and applicable subscription limits.
Schedule B – Execution
Customer Representative: __________
Signature: __________
Date: __________
Accepted for Care2All Australia Pty Ltd trading as ShiftLink.
Authorised Signatory: __________
1. Parties
This Liability & Indemnity Agreement is between Care2All Australia Pty Ltd trading as ShiftLink (ShiftLink) and each customer or authorised user of the Platform.
2. Purpose
This Agreement establishes the allocation of risk, liability, indemnities and related legal responsibilities arising from use of the ShiftLink Platform.
3. Definitions
Defines Claim, Loss, Liability, Indemnity, Third Party, Customer Data, Gross Negligence and Applicable Law.
4. Scope
This Agreement applies to all Platform services and interactions between ShiftLink and Platform users.
5. Customer Responsibilities
Customers remain responsible for the accuracy of information, lawful use of the Platform and compliance with applicable laws.
6. User Indemnity
Customers agree to indemnify ShiftLink against claims arising from unlawful use of the Platform, breach of this Agreement or infringement of third-party rights, to the extent permitted by law.
7. ShiftLink Responsibilities
ShiftLink will provide services with due care and skill and maintain appropriate operational, security and compliance measures.
8. Excluded Liability
Neither party excludes liability where such exclusion is prohibited under applicable Australian law.
9. Limitation of Liability
To the maximum extent permitted by law, each party's liability is limited in accordance with this Agreement and the Master Platform Agreement.
10. Consequential Loss
Neither party is liable for indirect, incidental, special or consequential loss except where such exclusion is prohibited by law.
11. Third-Party Claims
The indemnifying party must promptly manage and defend covered third-party claims, subject to reasonable cooperation by the other party.
12. Insurance
Each party is responsible for maintaining insurance appropriate to its business activities where required by law or contract.
13. Mitigation
Each party must take reasonable steps to mitigate losses arising from any claim or incident.
14. Notification of Claims
Claims giving rise to indemnity or liability must be notified within a reasonable period after becoming known.
15. Compliance with Law
Nothing in this Agreement limits obligations imposed by mandatory Australian laws or regulatory requirements.
16. Records
ShiftLink may retain records relating to claims, investigations, liabilities and indemnity matters in accordance with legal obligations.
17. Suspension and Termination
ShiftLink may suspend access to the Platform or terminate this Agreement where required by law, to protect security, or following a material breach of this Agreement.
18. Survival
Liability limitations, indemnities, confidentiality obligations and provisions intended to survive termination remain in effect after this Agreement ends.
19. Dispute Handling
Claims relating to liability or indemnity should be managed in accordance with the applicable dispute resolution procedures in the Master Platform Agreement.
20. Governing Law
This Agreement is governed by the laws of the applicable Australian State or Territory.
21. General Provisions
Entire agreement, notices, severability, waiver, assignment, force majeure and survival provisions apply.
22. Order of Precedence
This Agreement operates together with the Master Platform Agreement, with mandatory Australian law prevailing where applicable.
Schedule A – Liability Framework
Summary of liability allocation, indemnities, exclusions, claim procedures and insurance considerations.
Schedule B – Execution
Customer Representative: __________
Signature: __________
Date: __________
Accepted for Care2All Australia Pty Ltd trading as ShiftLink.
Authorised Signatory: __________
1. Parties
This Dispute Resolution Agreement is between Care2All Australia Pty Ltd trading as ShiftLink (ShiftLink) and each customer or authorised user of the Platform.
2. Purpose
This Agreement establishes procedures for resolving disputes arising from the use of the ShiftLink Platform.
3. Definitions
Defines Dispute, Claim, Business Day, Notice, Mediation, Arbitration and Applicable Law.
4. Scope
Applies to contractual, operational and service-related disputes between the parties except where mandatory law provides otherwise.
5. Good Faith Negotiation
The parties must first attempt to resolve disputes through good faith discussions between authorised representatives.
6. Dispute Notice
A party commencing a dispute must provide written notice describing the nature of the dispute and the outcome sought.
7. Escalation Procedure
If unresolved, disputes may be escalated to senior representatives for further negotiation within a reasonable period.
8. Preservation of Rights
Except where urgent relief is required, the parties will follow this procedure before commencing formal proceedings.
9. Mediation
If negotiations fail, the parties agree to attempt to resolve the dispute through mediation conducted by a mutually agreed independent mediator before commencing litigation, unless urgent relief is required.
10. Arbitration
Where agreed by the parties or required under the applicable agreement, unresolved disputes may be referred to arbitration in accordance with applicable Australian law.
11. Court Proceedings
Nothing prevents a party from seeking urgent interlocutory or equitable relief from a court of competent jurisdiction where necessary.
12. Costs
Unless otherwise agreed or ordered, each party will bear its own costs associated with negotiation and mediation.
13. Confidentiality
All dispute resolution discussions, settlement negotiations and mediation communications are confidential to the extent permitted by law.
14. Continued Performance
During the dispute resolution process, the parties will continue to perform their undisputed contractual obligations where reasonably practicable.
15. Compliance
The dispute resolution process must be conducted in accordance with applicable Australian laws and mandatory regulatory requirements.
16. Records
ShiftLink may maintain records relating to dispute notices, negotiations, settlements and related communications in accordance with legal obligations.
17. Suspension and Termination
ShiftLink may suspend access or terminate the Agreement where permitted by law or following a material breach, without affecting the parties' rights to resolve existing disputes.
18. Limitation Periods
Any contractual claim must be brought within the period permitted by applicable law and any agreed limitation periods in the Master Platform Agreement.
19. Survival
Dispute resolution, confidentiality and related provisions intended to survive termination continue after this Agreement ends.
20. Governing Law
This Agreement is governed by the laws of the applicable Australian State or Territory.
21. General Provisions
Entire agreement, notices, severability, waiver, assignment, force majeure and survival provisions apply.
22. Order of Precedence
This Agreement operates together with the Master Platform Agreement, with mandatory Australian law prevailing where applicable.
Schedule A – Dispute Resolution Process
Summary of negotiation, escalation, mediation, arbitration and court procedures.
Schedule B – Execution
Customer Representative: __________
Signature: __________
Date: __________
Accepted for Care2All Australia Pty Ltd trading as ShiftLink.
Authorised Signatory: __________
1. Purpose
This Payment Terms document establishes the payment obligations applicable to ShiftLink subscriptions, implementation services and related offerings.
It supports transparent commercial practices and compliance with Australian law.
2. Scope
These Payment Terms apply to all customers purchasing ShiftLink products or services unless otherwise agreed in writing.
3. Definitions
Customer means the individual or organisation purchasing ShiftLink products or services.
Due Date means the payment date specified on an invoice or applicable agreement.
4. Payment Obligations
Customers must pay all fees, charges and applicable taxes in accordance with the agreed payment terms.
5. Invoicing
Invoices will be issued in accordance with the applicable order, subscription agreement or service agreement.
6. Payment Methods
Payments must be made using approved payment methods accepted by ShiftLink from time to time.
7. Currency
Unless otherwise agreed, all fees are payable in the currency specified in the applicable agreement or invoice.
8. Taxes
Applicable taxes, including GST where required, will be charged in accordance with Australian law unless expressly stated otherwise.
9. Payment Timing
Payment must be received on or before the applicable due date unless alternative arrangements have been agreed in writing.
10. Late Payment
Late payments may result in reminders, service restrictions or other contractual remedies where permitted by law and the applicable agreement.
11. Automatic Payments
- Recurring subscriptions may be charged automatically using the customer's nominated payment method in accordance with the applicable agreement.
12. Failed Payments
- If a payment fails, ShiftLink may retry the transaction or request an alternative payment method before taking further action.
13. Overdue Accounts
- Accounts with overdue amounts may be subject to reminders, suspension of services or other contractual remedies where permitted by law.
14. Payment Allocation
- Payments received may be applied to outstanding invoices in the order determined by ShiftLink unless otherwise required by law.
15. Credits and Adjustments
- Credits or billing adjustments may be applied where appropriate and in accordance with applicable agreements.
16. Payment Disputes
- Customers should notify ShiftLink promptly of any payment dispute to allow investigation and resolution.
17. Refund Interaction
- Refunds, where applicable, will be managed in accordance with the Refund Policy and Australian Consumer Law.
18. Recordkeeping
- Payment records and related financial information will be retained in accordance with applicable legal and organisational requirements.
19. Compliance
- Customers must comply with these Payment Terms and all applicable contractual obligations.
20. Amendments
- These Payment Terms may be updated from time to time in accordance with applicable agreements and legal requirements.
21. Policy Review
- These Payment Terms will be reviewed periodically and updated to reflect legislative, commercial and operational changes.
22. Governing Law
- These Payment Terms are governed by the laws of the Commonwealth of Australia and the applicable State or Territory.
23. Non-Compliance
- Failure to comply with these Payment Terms may result in contractual remedies, suspension or termination of services, debt recovery action or other lawful measures where applicable.
24. Version Control
- Version: 1.0
- Effective Date: __________________
- Approved By: __________________
- Next Review Date: __________________
25. Approval
- These Payment Terms are approved by Care2All Australia Pty Ltd and apply to all ShiftLink products and services unless otherwise agreed in writing.
Acknowledgement
- Customers acknowledge that they have read, understood and agree to comply with these Payment Terms.
Schedule A – Payment Process
- Summary of invoicing, payment collection, reconciliation and account management procedures.
Schedule B – Payment Disputes
- Summary of payment dispute handling, investigations, credits and resolution procedures.
Schedule C – Related Documents
- References to the Billing Policy, Refund Policy, SaaS Terms and Conditions, Master Subscription Agreement and applicable Order Forms.
1. Purpose
This End User Licence Agreement (EULA) governs the licensing and authorised use of the ShiftLink software platform.
It sets out the rights and obligations of Care2All Australia Pty Ltd and each End User.
2. Acceptance of Licence
By installing, accessing or using the Software, the End User agrees to be bound by this Agreement.
3. Definitions
Software means the ShiftLink platform and all related applications, modules and updates.
End User means any individual authorised to access the Software under a valid subscription.
4. Licence Grant
ShiftLink grants the End User a limited, non-exclusive, non-transferable and revocable licence to use the Software in accordance with this Agreement.
5. Licence Restrictions
The End User must not copy, distribute, reverse engineer, modify or create derivative works except where permitted by law.
6. Authorised Use
The Software may only be used for lawful business purposes and in accordance with the applicable subscription.
7. User Accounts
The End User is responsible for maintaining the confidentiality of login credentials and all activities performed using their account.
8. Software Updates
ShiftLink may provide updates, patches and enhancements to improve functionality, security and compliance.
9. Intellectual Property
All intellectual property rights in the Software remain the exclusive property of Care2All Australia Pty Ltd or its licensors.
10. Compliance
The End User must comply with all applicable Australian laws and organisational policies when using the Software.
11. Fees and Subscription
- Use of the Software is subject to a valid subscription and payment of applicable fees where required.
12. Privacy
- Personal information will be collected, used and disclosed in accordance with the ShiftLink Privacy Policy and applicable Australian privacy legislation.
13. Data Security
- ShiftLink implements reasonable administrative, technical and organisational safeguards to protect data processed through the Software.
14. Availability
- ShiftLink will use reasonable efforts to maintain Software availability but does not guarantee uninterrupted access.
15. Third-Party Services
- The Software may integrate with third-party products and services that are governed by their own terms.
16. Suspension
- ShiftLink may suspend access where necessary for security, legal compliance, non-payment or material breach.
17. Termination
- This licence automatically terminates upon expiry, cancellation or termination of the applicable subscription or for material breach of this Agreement.
18. Warranty Disclaimer
- Except as required by law, the Software is provided on an 'as available' basis without additional warranties.
19. Limitation of Liability
- Liability is limited to the maximum extent permitted under Australian law, including the Australian Consumer Law.
20. Indemnity
- The End User agrees to indemnify Care2All Australia Pty Ltd against losses arising from unlawful use or material breaches of this Agreement.
21. Governing Law
- This Agreement is governed by the laws of the Commonwealth of Australia and the applicable State or Territory.
22. Dispute Resolution
- The parties will first attempt to resolve disputes through good-faith negotiations before commencing legal proceedings unless urgent relief is required.
23. Severability
- If any provision of this Agreement is held invalid or unenforceable, the remaining provisions continue in full force and effect.
24. Amendments
- ShiftLink may amend this Agreement from time to time. Updated versions become effective when published or otherwise notified.
25. Entire Agreement
- This Agreement, together with any incorporated policies and subscription documents, constitutes the entire agreement relating to the licence.
Version Control
- Version: 1.0
- Effective Date: __________________
- Approved By: __________________
- Next Review Date: __________________
Acceptance
- By installing, accessing or using the Software, the End User acknowledges that they have read, understood and agree to this End User Licence Agreement.
Schedule A – Definitions
- Defines key terms including Software, End User, Subscription, Authorised User, Services and Intellectual Property.
Schedule B – Contact Details
- Legal notices regarding this Agreement must be directed to Care2All Australia Pty Ltd using the official ShiftLink contact details.