1. Location: Any estimate or proposal is based on work being completed and meetings held as per the included documentation. Unless otherwise stated, meetings and training are assumed to be held remotely via screen share.
  2. Handover: At the completion of all work, Waypoint will provide a handover document containing all access information, as well as key setup criteria/decisions, and any specific workflow instructions.
  3. Communication: All communication in relation to your work should go through your Project Manager as a primary contact.
  4. Terms: Proposal Acceptance is electronic by the Client to Waypoint. Once the proposal is accepted, Waypoint agrees to complete the services set out in the proposal (Services) for the client named in the proposal (Client) on the terms set out on this page and in the proposal (Terms). Between a proposal and project plan, whichever is the latter signed applies.
  5. Planning: Any estimate or proposal is valid for 30-days from date of issue. After this date, Waypoint may reissue them and amend pricing/terms. Any proposed work will be resourced and timescales confirmed once the related document is accepted by the Client.
  6. Completion of Work: In these Terms, “Completion of Work” means providing all Services outlined in the proposal or providing Services to a point where you are able to use the software, whichever is earlier.
  7. Fees: All fees for quoted Services (Fees) will be invoiced in stages of the following – 30% on Commencement, 50% prior to Build and Configuration and then a final 20% payment at the start of support. Any proposal or estimate under $5,000 will be billed in full up front.
  8. Contractors: Waypoint have a contract relationship with clients and therefore may choose to engage sub-contractors if required during the work for reasons including (but not limited to) expertise, location or capacity.
  9. Expenses: Waypoint may invoice the Client for expenses relating to the Services (Expenses) provided the Client agrees to the Expenses in advance. Such Expenses includes, but are not limited to, parking, travel, accommodation, meals.
  10. Travel: A fee for local travel and travel expenses will be applied for any on site work required by the client with the following notes:
    • ‘local’ refers to a 75km radius of Melbourne CBD
    • ‘travel and travel expenses’ refers to the travel time taken by Waypoint staff and any expenses such as public transport, fuel, parking or tolls
    • The ‘travel and travel expenses’ fee is not inclusive of any work done on site
  11. Variations: Any additional work requested by the Client that is outside of the original Scope of Works will be subject to a variation charge to be agreed upon in writing by both parties prior to the commencement of said work.
  12. Payment: The Client must pay all invoices properly issued under these Terms in accordance with any payment terms listed on the invoice.  The Client must pay any applicable GST on taxable supplies made by Waypoint to the Client. The Client agrees that all Fees or Expenses not paid in full on the due date are debts due and payable immediately.  The Client agrees to pay all of Waypoint’s reasonable costs of recovering such debts.
  13. Third Party Software: Waypoint may provide you with a solution that uses software licensed by a third party (Software Vendor).  If the Client wishes to license software from a Software Vendor, the Client must at its expense obtain any required licence from a Software Vendor.  Reading and understanding any Software Vendor licence terms is the sole responsibility of the Client. The Fees and Expenses exclude the cost (if any) of obtaining any licences or services from any Software Vendor.
  14. Licenses: It is expected that the Client will subscribe to the relevant systems being implemented by Waypoint at the end of the vendor trial period, which is likely to be during Build and Configuration.
  15. Warranties: Waypoint warrants that it will: (a) exercise all due care and skill in performing the Services, (b) perform the Services in a timely and professional manner, and (c) comply with all applicable laws.
  16. Client Data and Information: The Client agrees to provide complete and accurate information in any documents required by Waypoint. Waypoint will take care in the migration process, but the Services do not cover verification of Client information or data. Specifically, if the data or information is wrong before migration, it will be wrong after migration.
  17. Client’s rights: Certain laws (including the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010) contain protections such as consumer guarantees which cannot be excluded, restricted or modified by law. Waypoint does not exclude or limit any such protections.
  18. Limits: To the maximum extent permitted by law, Waypoint limits its liability to Client: (a) under any applicable consumer guarantees in the Australian Consumer Law (contained in Sch 2 of the Competition and Consumer Act 2010 (Cth)) to either, at Waypoint’s discretion, the supply of the relevant Services again or the payment of the cost of having those Services supplied again; and (b) under this Agreement and/or arising out of or related to any Services for breach of agreement, negligence, breach of statutory duty or any other cause of action other than a breach of an applicable consumer guarantee is (regardless of how that liability is caused), to the total Fees paid by Client for the relevant Services.
  19. Losses Not Covered: Waypoint will not be liable for any losses, damages, costs or expenses whatsoever arising out of: (a) the Client’s misuse of the Services (including without limitation failure to adequately test prior to completion of work); (b) the Client’s use of any inaccurate or incomplete Client information or Client Data (including any such data imported into a Client system); (c) any Client liability to any third party vendor; or (c) any indirect losses, such as loss of profit, consequential loss, loss of sales, income, savings or data in connection with the Services.
  20. Support: In cases where support is included in the proposal, this will be provided by email or phone (based on Waypoint discretion), with a service level agreement as noted within the within the “Waypoint Project Plan” provided (Project Plan). The Project Plan shall also contain information on support warranties by Waypoint.
  21. SLA: Any work completed during the project and/or during any engagement periods between the Client and Waypoint will be completed under our standard SLA’s and Support Warranty, available within the Project Plan.
  22. Confidentiality: Each party acknowledges that it may receive confidential information of the other party and agrees to keep that confidential information secret and confidential, and not use it or disclose it to any person (or allow anyone access to it), except to help Waypoint provide the Services or as required by law.
  23. Background IP: Nothing in these Terms affects the ownership of any intellectual property rights owned by either party as at the date of the proposal.
  24. Services IP: Upon payment in full, the Client will own all Intellectual Property Rights in any documents, software or applications created by Waypoint specifically for the Client, unless otherwise noted.
  25. Termination: Either party may terminate the Services immediately on notice to the other party if the other Party (whether itself or via it employees or representatives): (a) materially breaches this Agreement and cannot remedy or fails to remedy the breach within 7 days of being required in writing to do so; (b) acts dishonestly; or (c) becomes insolvent.
  26. Fees and Expenses on Termination: If the Services are terminated prior to completion of work, the Client must pay Waypoint for work done up to the termination date at the quoted hourly rate or, if no rate is listed on the quote, at the Waypoint hourly rate for similar Services.  The Client must pay all Expenses incurred by Waypoint prior to termination.
  27. Amendments: These Terms may only be amended in writing, signed by the parties.
  28. Victorian law: These Terms are governed by the laws of Victoria.
  29. Whole agreement: These Terms include and incorporate the final proposal for Services.  These Terms contain the entire agreement between the parties.

General Notes

  • Rates: Please note that the below terms are applicable to all We are Waypoint Pty Ltd clients but hourly rates differ as follows:
    • $245.00 (exc. GST) for Clients utilising hourly work only.
    • $195.00 (exc. GST) for Waypoint Members and Implementation Clients.
    • We endeavour to keep pricing static and competitive, but should any change be made our fees (such as overhead increase, CPI change or similar) you will be notified with a minimum 28-day notice
  • Credit Check: We reserve the right to run a business credit check on any company before engaging in work with them, and will keep this data stored under our standard security policies. The results are available on request at any time.
  • System Access: The Client will provide Waypoint with adequate remote access to their current system(s) in support of any design, build, test of configurations, data migration, or integrations.
  • On Site Work:
    • On-site access is assumed to be available in reasonable office hours if required.
    • Reasonable internet quality is assumed to be available at the Client’s main site/office
    • Projectors or other audio visual equipment must be provided by the Client, if required.
  • Sign Offs: The Client may be asked to sign off on the completion of work throughout any engagement period.
  • Service Availability:
    • Telephone support : 8:00 A.M. to 5:00 P.M. Monday – Friday, AEST (exc. Victorian (Australia) public holidays)
      • Calls received out of office hours will be forwarded and best efforts will be made to answer / action the call, however no action can be guaranteed until the next working day.
    • Email support: Monitored 8:00 A.M. to 5:00 P.M. Monday – Friday, AEST (exc. Victorian (Australia) public holidays)
      • Emails received outside of office hours will be collected, however no action can be guaranteed until the next working day.
    • Onsite assistance unless otherwise included within our proposal will be charged at an additional fee as follows, and is inclusive of travel time and any associated travel costs.This requires at least 72 hours notice during the business week.
      • $449.00 (exc. GST) for Clients utilising hourly work only.
      • $249.00 (exc. GST) for Waypoint Members and Implementation Clients.
  • Service Requests: Waypoint will respond to service related incidents and/or requests submitted by the Customer within the following time frames:
    • 0-8 hours (during business hours) for issues classified as High priority. (Business Critical and no work around available)
    • Within 48 hours for issues classified as Medium priority. (Business Impacted however can operate with workaround)
    • Within 5 working days for issues classified as Low priority. (Request or similar, no impact on business)

Below is a breakdown of the difference between what we define as Billable and Non-Billable work which I hope will make things a little more defined. Be sure to use this understanding to ensure logged time in services is correct as per our terms of work In essence, Waypoint will only charge for technical works done on behalf of a client.

Technical Work (Billable)

  • Workshops
  • Training
  • Technical Discussions
  • All On-Site Time
  • Technical Preparation for Scheduled Meetings
  • Technical Resolutions given via phone call/email
  • Research/Testing for Bespoke Solutions
  • Advocacy with Software Vendors
  • Client Requested Works

Non Technical Work (Non Billable)

  • Standard Administrative Works
  • Scheduling Meetings
  • Agenda Creation
  • Resource Scheduling
  • Internal Review Meetings
  • Invoicing
  • Waypoint Process Queries