Terms and Conditions

We offer Training under various partnering Agreements with Registered Training Organisations (RTO). We are bound by that RTO’s requirements and the Standards for Registered Training Organisations (SRTO). Registered Training Organisation (RTO) are held accountable by Australian Skills Quality Authority (ASQA). To this end we have separate and additional policies and procedures that affect our business.

The following Terms and Conditions relate to the provision of our Training Services and are to be read in conjunction with the General Terms and Conditions above.

28. Training Delivery

28.1 Whirligig provide training via:

• Online

• In person face-to-face

• Mixed Learning – combination of some elements online and some face-to-face

29. Additional documents and procedures

29.1 Are available (Auditor or Trainer level access may be required):

• Policies and Procedures for RTO

• Trainer Manuals

• Trainer Matrix

• CPD

• Industry engagement

• Training and assessment strategies

• Student handbook

• Student records

• Learning Management System

• Quality design Plan for resources

• Internal Audit Register

• Assessment Validation Records

31. Support Severity Definitions

31.1 Whirligig Support Desk has the following support severity definitions:

32. Response Times

32.1 Queensland Business Hours

The following Terms and Conditions relate to the provision of our Audit Services and are to be read in conjunction with the General Terms and Conditions above.

32. Audit Code of Conduct

32.1 All Audits shall be conducted in accordance with the “Exemplar Global” Code of conduct:

https://exemplarglobal.org/wp-content/uploads/2022/08/PCF01-Code-of-Conduct.pdf

33. Timesheets

33.1 Whirligig must if requested by Our Client:

a. at the end of each month, or any longer period requested by Our Client, during the Term, submit time sheets,unless the works is at a fixed rate, for personnel used by Whirligig to supply the Services; and

b. verify to Our Client’s reasonable satisfaction the details of any time sheet submitted.

34. Reimbursement Of Expenses

34.1 Whirligig will be reimbursed from time to time for reasonable and necessary expenses incurred by Whirligig in connection with providing the Services. Whirligig will only be reimbursed for expenses submitted according to the following guidelines:

34.2 Whirligig will be reimbursed for travel and accommodation expenses,subject to provision of receipts for expenses incurred.

34.3 or fees for any external consultants engaged at the request of the client, where an external consultant or provider is engaged, payment in full for those services must be made in full or as otherwise agreed in writing before formal engagement of that external consultant

35. Return Of Property

35.1 Upon the expiry or termination of this Agreement, Whirligig will return to the Client any property, documentation, records, or Confidential Information which is the property of the Client.

35.2 The Client will cease to use any documents of the Integrated Management System upon termination of this agreement and must delete any of the Whirligigs documentation or systems for use that may have been downloaded for use form the “Integrated Management System with or without our permission. The Client agrees to provide access to their servers or other storage devices upon request to demonstrate compliance if requested by the Whirligig.

36. Access to sites and information

36.1 Our client must:

a. allow Whirligig reasonable access to its premises and facilities as reasonably necessary for Whirligig to supply the Services; and

b. provide Whirligig with information in its possession or control that Whirligig reasonably requires to supply the Services.

37. Audit Key Personnel

37.1 Whirligig shall use its reasonable endeavours to ensure that the Key Personnel are actively involved in supplying the Services during the Term

ensuring that they perform in a way that complies with this agreement.

37.2 Whirligig must notify Our Client if any of its Key Personnel are no longer to be employed or engaged by Whirligig

37.3 must, if Our Client reasonably requests Whirligig to replace any Key Personnel or other personnel that work on the Services, appoint a suitable replacement for any such Key Personnel

38. Audit Personnel

38.1 Whirligig must ensure that:

a. it has sufficient, suitable Workers to perform its obligations under this agreement.

b. its Workers and contractors comply with:

• this agreement to the extent required to enable Whirligig to perform its obligations under this agreement; and

• the usual staff, safety and security practices of Our Client as notified by Our Client to Whirligig from time to time while attending the premises of Our Client.

39. Capacity/Independent Contractor

39.1 In providing the Services under this Agreement it is expressly agreed that Whirligig is acting as an independent contractor and not as an employee. Whirligig and the Client acknowledge that this Agreement does not create a partnership or joint venture between them and is exclusively a contract for service.

40. Right Of Substitution

40.1 Except as otherwise provided in this Agreement, Whirligig may, at Whirligig ‘s absolute discretion, engage a third-party sub-contractor to perform some or all of the obligations of Whirligig under this Agreement and the Client will not hire or engage any third parties to assist with the provision of the Services.

40.2 In the event that Whirligig hires a sub-contractor:

a. Whirligig will pay the sub-contractor for its services and the Compensation will remain payable by the Client to Whirligig refer clause 12 of this agreement.

b. for the purposes of the indemnification clause of this Agreement, the sub-contractor is an agent of Whirligig and not an agent of the Client.

41. Autonomy

41.1 Except as otherwise provided in this Agreement, Whirligig will have full control over working time, methods, and decision making in relation to provision of the Services in accordance with the Agreement. Whirligig will work autonomously and not at the direction of the Client. However, Whirligig will be responsive to the reasonable needs and concerns of the Client.

42. Equipment

42.1 Except as otherwise provided in this Agreement, Whirligig will provide at the Consultant’s own expense, any and all equipment, software, materials and any other supplies necessary to deliver the Services in accordance with the Agreement unless specialised equipment is required to perform the task and this equipment has been specified or requested by the client then the associated costs will be dealt with in accordance with clause 32 of this agreement.

The following Terms and Conditions relate to the provision of our Consulting and Mentoring Services and are to be read in conjunction with the General Terms and Conditions above.

43. Services

43.1 The Client hereby agrees to engage Whirligig to provide the Client with the following consulting services (the “Services”):

• Business Strategy Facilitation

• Critical Issue Investigation and Resolution (Trouble Shooting)

• Organisational Capability Development

• Joint Venture and Tender Response Development

• Quality, safety and environmental compliance

• ISO & Compliance Audit and Review

• Management Consulting

• Specialist Consulting

• Mentoring

43.2 Whirligig must supply all Services, and all services necessarily incidental to the Services, to Our Client:

43.3 The Services will also include any other consulting tasks which the Parties may agree on. Whirligig hereby agrees to provide such Services to the Client.

a. in accordance with the Services Specifications.

b. in accordance with any due dates for the Services.

c. in accordance with, and to meet, the Service Levels.

d. in accordance with Our Client’s reasonable directions from time to time.

e. to the best of Whirligig abilities and knowledge.

f. in a professional, efficient and safe manner, without negligence; and

g. in compliance with all applicable standards, awards, laws and regulations (including, without limitation, awards and laws applicable to the Whirligig Workers).

43.4 Whirligig must cooperate with and work with all other contractors and suppliers of goods and services to Our Client as may reasonably be required in connection with the Services if requested by Our Client.

44. Timesheets

44.1 Whirligig must if requested by Our Client:

a. at the end of each month, or any longer period requested by Our Client, during the Term, submit time sheets, unless the works is at a fixed rate, for personnel used by Whirligig to supply the Services; and

b. verify to Our Client’s reasonable satisfaction the details of any time sheet submitted under clause 43.

45. Reimbursement Of Expenses

45.1 Whirligig will be reimbursed from time to time for reasonable and necessary expenses incurred by Whirligig in connection with providing the Services. Whirligig will only be reimbursed for expenses submitted according to the following guidelines:

45.2 Whirligig will be reimbursed for travel and accommodation expenses, subject to provision of receipts for expenses incurred.

45.3 or fees for any external consultants engaged at the request of the client, where an external consultant or provider is engaged, payment in full for those services must be made in full or as otherwise agreed in writing before formal engagement of that external consultant

46. Return Of Property

46.1 Upon the expiry or termination of this Agreement, Whirligig will return to the Client any property, documentation, records, or Confidential Information which is the property of the Client.

46.2 The Client will cease to use any documents of the Integrated Management System upon termination of this agreement and must delete any of the Whirligigs documentation or systems for use that may have been downloaded for use form the “Integrated Management System with or without our permission. The Client agrees to provide access to their servers or other storage devices upon request to demonstrate compliance if requested by the Whirligig.

47. Access to sites and information

47.1 Our Client must:

a. allow Whirligig reasonable access to its premises and facilities as reasonably necessary for Whirligig to supply the Services; and

b. provide Whirligig with information in its possession or control that Whirligig reasonably requires to supply the Services.

48. Consulting and Mentoring Key Personnel

48.1 Whirligig shall use its reasonable endeavours to ensure that the Key Personnel are actively involved in supplying the Services during the Term

ensuring that they perform in a way that complies with this agreement.

48.2 Whirligig must notify Our Client if any of its Key Personnel are no longer to be employed or engaged by Whirligig

48.3 Whirligig may replace its Key Personnel only with people approved by the Our Client in writing; and

48.4 Whirligig must, if Our Client reasonably requests Whirligig to replace any Key Personnel or other personnel that work on the Services, appoint a suitable replacement for any such Key Personnel.

49. Consulting and Mentoring Personnel

49.1 Whirligig must ensure that:

a. it has sufficient, suitable Workers to perform its obligations under this agreement.

b. its Workers and contractors comply with:

• this agreement to the extent required to enable Whirligig to perform its obligations under this agreement; and

• the usual staff, safety and security practices of Our Client as notified by Our Client to Whirligig from time to time while attending the premises of Our Client.

50. Capacity/Independent Contractor

50.1 In providing the Services under this Agreement it is expressly agreed that Whirligig is acting as an independent contractor and not as an employee. Whirligig and the Client acknowledge that this Agreement does not create a partnership or joint venture between them and is exclusively a contract for service.

51. Right Of Substitution

51.1 Except as otherwise provided in this Agreement, Whirligig may, at Whirligig ‘s absolute discretion, engage a third-party sub-contractor to perform some or all of the obligations of Whirligig under this Agreement and the Client will not hire or engage any third parties to assist with the provision of the Services.

51.2 In the event that Whirligig hires a sub-contractor:

c. Whirligig will pay the sub-contractor for its services and the Compensation will remain payable by the Client to Whirligig refer clause 12 of this agreement.

d. for the purposes of the indemnification clause of this Agreement, the sub-contractor is an agent of Whirligig and not an agent of the Client.

52. Autonomy

52.1 Except as otherwise provided in this Agreement, Whirligig will have full control over working time, methods, and decision making in relation to provision of the Services in accordance with the Agreement. Whirligig will work autonomously and not at the direction of the Client. However, Whirligig will be responsive to the reasonable needs and concerns of the Client.

53. Equipment

53.1 Except as otherwise provided in this Agreement, Whirligig will provide at the Consultant’s own expense, any and all equipment, software, materials and any other supplies necessary to deliver the Services in accordance with the Agreement unless specialised equipment is required to perform the task and this equipment has been specified or requested by the client then the associated costs will be dealt with in accordance with clause 45 of this agreement.

54. Website Design, Development & Support

54.1 The Client will receive a website design mock-up based on the design brief submitted. The Client may request a reasonable number of changes to the concepts until the design is to satisfaction. Approximately 2-5 is normal.

54.2 The website, graphics and any programming code remain the property of Whirligig until all outstanding accounts are paid in full.

54.3 If a logo has been purchased from Whirligig alongside a website design, the logo will need to be signed off on before the website design commences.

54.4 Whirligig WordPress websites are self-managed, and Whirligig is not responsible for any copy, editing or updating of the Clients website. Whirligig is under no obligation to do any work on your website unless otherwise contracted to do so.

54.5 All websites and landing pages will be delivered as shells with pages/posts filled with dummy or priorly provided text and images. The Client is solely responsible for inserting copy,products and/or images etc.

54.6 While the Client maintains full ownership of the website’s content and design (after the balance has been paid), some elements of the website designs remain the copyright of Whirligig.

54.7 Support, FAQs and manuals are available free of charge in each user account and on our schedule of fees and charges.

54.8 Two hours of WordPress CMS Training is provided as part of the quote for website design. Added training sessions are billable at our schedule of fees and charges.

55. Hosting

55.1 Should hosting be purchased through Whirligig, each website account is allocated the stated bandwidth and disk space, and any additional usage will incur an additional charge. Whirligig will monitor the Client’s usage and if Whirligig anticipates that your website may require more bandwidth/disk space, the allocation will be increased and purchased automatically. Please see our website for allocations and pricing. When additional bandwidth/disk space is purchased, the activation of the disk space is provided as the website requires it up to the purchased amount. Although Whirligig monitors the bandwidth/disk space usage of the Client’s website, Whirligig does not take responsibility for any website going offline due to exceeding bandwidth or disk space. In the event of a website going offline due to bandwidth or disk space issues, however, Whirligig will endeavour to return it to its last working state should the Client reactivate or update their hosting service.

55.2 On all Whirligig websites there is a built-in authorship anchor tag that links to the Whirligig website. This anchor is linked from the footer of the Client’s website. The footer link cannot be removed during contract with Whirligig.

55.3 Whirligig will provide a warranty for the term of 90 days after the date of Website completion (as stated by email to the Client) in which bugs and defects presented to Whirligig will be repaired for no charge. Once this 90-day term expires, Whirligig will not be liable for any bugs or defects that present themselves or are otherwise missed by the Client. Changes, fixes and bugs may be billable.

55.4 A manufacturer warranty will also be provided once the website is put live for the span of 12 months to cover any hosting issues, including but not limited to: server updates

server restarts and server patches. It is up to Whirligig to decide what constitutes a bug that is a result of hosting issues covered above.

55.5 Whirligig will endeavour to fix all issues that we are notified of within 48 hours of bringing the problem to our attention, or upon acceptance of quote for fix (whichever applicable).

55.6 Whirligig only supports web browsers released within the term of 12 months after the date of Website completion. Any required compatibility may incur an additional charge.

55.7 Whirligig only email clients released within the term of 12 months after the date of email newsletter completion. Any required compatibility may incur an additional charge.

55.8 Whirligig is not liable if an email newsletter or HTML based email does not display properly if the email client/program/website/application does not support current standards for email development.

55.9 Whirligig is not liable in the event of bugs and issues that a completed website is removed from its originally installed server without Client’s notice to Whirligig (unless otherwise stipulated in a previously stated warranty).

56. Financial Arrangements for Websites

56.1 The cost of the Whirligig Website (including, but not limited to Brochure Websites, Shopping Cart Websites and Landing Pages) is a set price for design and installation. Whirligig guarantees no ongoing fees (unless otherwise contracted to invoice for ongoing fees).

56.2 Quoted estimates are valid for 30 days from the date of issue. Our payment schedule is as follows:

• 40% of the total project cost as a deposit prior to the commencement of work.

• 40% of the total cost will be invoiced on final approval of full website mock-up

56.3 The final balance of 20% will be invoiced upon project completion & testing at the commencement of the 90-day warranty.

56.4 In the event of any variations or extensions to the project or should the Client wish to engage Whirligig on a time and material basis, all work will be undertaken in accordance with our hourly rates.

57. Graphic Design

57.1 The deposit for graphic design work is due upon acceptance of the quote. The balance is due when the artwork has been approved, prior to the final sending of graphical files.

57.2 Any further changes after sign-off will need to be quoted and billed separately.

57.3 For logo design services, Clients will receive an indeterminate number of design concepts by email based on the design brief. Clients can request a reasonable number of changes to their chosen concepts until the design is to their satisfaction. Approx. 2-5 rounds of changes are normal.

57.4 Upon sign off when the design is completed, the Client will receive the final graphic design files via email or through alternative file delivery methods.

57.5 Whirligig hands all artwork over in a print ready file for the Client’s use. It is the responsibility of the Client to check all content, contact emails, phone numbers, email address or any other requested details are correct. Whirligig will not be held responsible legally or otherwise for any errors on the artwork that was not noticed prior to artwork use; including, but not limited to, spelling, grammar, colour issues or typing errors. Whirligig recommends getting a “Chem Proof” from your printer prior to the final print run.

57.6 All Whirligig graphic designs remain the copyright of the Client. Ownership will be transferred to the Client upon receipt of full payment.

58. Domain Registration

58.1 There is no guarantee made by Whirligig that the requested domain name(s) are available or are able to be registered under the requested suffix.

58.2 Whirligig is in no way liable for the requirements of domain names, including – but not limited to – domain name registration, renewal and/or transfer.

59. Hosting Services

59.1 Whirligig expressly does not host code written by anyone other than Whirligig developers (past or present).

59.2 Whirligig guarantees the health of the WordPress Website through only browser updates and styling issues when said Website is built by Whirligig and is still within a period of a year while the website is hosted with Whirligig. It is up to the discretion of Whirligig to decide what issues merit guarantee. Fixes of these problems mentioned incurs no charge, and services for Website fixes or changes which fall outside of these stipulations are billable.

59.3 Invoices for Yearly Hosting Services are invoiced for a month in advance. Hosting invoices are due within 30 days of issue; failure to complete the balance of the invoice may result in an interruption of service.

59.4 Should a Client’s Service be interrupted, a reconnection fee of $45+gst will be added to the outstanding bill.

59.5 Reconnection of interrupted service may take up to 48 hours.

59.6 Whirligig assumes no responsibility for the timelines, deletion, mis-delivery or failure to store your communications, personalisation settings or any other information stored on the Client’s hosting service.

59.7 Whirligig is not liable for any content that is linked and/or embedded from an external source that may disappear due to the server’s connection that the linked/embedded content resides on is interrupted. Additionally,should the linked or embedded content breach copyright or any other associated laws (including those stated in this Terms Agreement), Whirligig reserves the right to remove it without notice to the Client.

59.8 In the event of server compromise,Whirligig will endeavour to return the Client’s website to its previous working state as soon as is reasonable but is not responsible for the content lost when reinstating any website that has been compromised.

59.9 Whirligig is not liable for any compromise due to outdated WordPress software and plugins, or outdated browser software.

59.10 In the event of website compromise due to outdated WordPress software and/or plugins, the Client will be billed for updating the website installation.

59.11 If the Client refuses the service of updating WordPress and associated plugins, Whirligig reserves the right to void all warranties and guarantees associated with a contract with Whirligig.

59.12 Whirligig holds the Client under no contractual obligation to remain hosting with Whirligig and services may be terminated at any time. Bills paid in advance are non-refundable, and all outstanding invoices must be paid in full.

59.13 Additional capacity and bandwidth may be purchased for a pre-set fee and are applicable for the term of the hosting until the next invoice for renewal (once yearly) or until a month has passed, whichever comes first.

59.14 Whirligig reserves the right to change the price of hosting packages without notice. Existing hosting services rendered will not be hitherto affected by any pricing change unless Client is otherwise notified.

59.15 If the Client informs Whirligig to place their website on another server, a Set Up Fee may be incurred based on the type and location of the server, as well as the complexity of the website being built.

59.16 You are responsible for keeping a copy of any existing Web Site which we may replace pursuant to the provision of web design services including all databases and hosted files. Whirligig can provide an archival solution for the existing website at our standard commercial rates.

60. Transfer

60.1 This agreement may not be transferred under any circumstances except for written consent from Whirligig.

60.2 Whirligig websites can be transferred away from Whirligig servers at any time, but all warranties become void and Whirligig will no longer be liable for the website or its contents. Domain names will always remain the property of the Client and are – if possible – registered under the Client who ordered them.

60.3 This Terms Agreement establishes the absolute understanding of all parties involved. Upon the renewal of services pertaining to this Agreement, any changes or modifications made within the term of service are thereto agreed to by both parties.

61. Website Content

61.1 Content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

61.2 Content, and the use of Content by us in any manner licensed or otherwise authorised by you

must not:

a. be libellous or maliciously false.

b. be obscene, defamatory, invasive of privacy, indecent or otherwise objectionable.

c. infringe any copyright, moral right, database right, trademark right, design right, right in passing off, or other intellectual property right.

d. infringe any right of confidence, right of privacy or right under data protection legislation.

e. constitute negligent advice or contain any negligent statement.

f. constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity.

g. be in contempt of any court, or in breach of any court order.

h. constitute a breach of racial or religious hatred or discrimination legislation.

i. be blasphemous.

j. constitute a breach of official secrets legislation; or

k. constitute a breach of any contractual obligation owed to any person.

61.3 You must ensure that Content is not and has never been the subject of any threatened or actual legal proceedings or other similar complaint.

62. Graphic material

62.1 Content must be appropriate for all persons who have access to or are likely to access the Content in question, and in particular for children over 12 years of age.

62.2 Content must not depict violence in an explicit, graphic, or gratuitous manner.

62.3 Content must not be pornographic or sexually explicit.

63. Factual accuracy

63.1 Content supplied by the Client must not be untrue, false, inaccurate, or misleading.

63.2 Statements of fact contained in Content and relating to persons (legal or natural) and evidentiary information and data supplied by the Client must be true.

64. Negligent advice

64.1 Content supplied by the Client must not consist of or contain any advice, instructions or other information that may be acted upon and could, if acted upon, cause death,  illness or personal injury, damage to property, or any other loss or damage

65. Etiquette

65.1 Content must be appropriate, civil, and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.

65.2 Content must not be offensive, deceptive, threatening, abusive, harassing, menacing, hateful, discriminatory, or inflammatory.

65.3 Content must not be liable to cause annoyance, inconvenience, or needless anxiety.

65.4 You must not use the Services to send any hostile communication, or any communication intended to insult including such communications directed at a particular person or group of people.

65.5 You must not use the Services for the purpose of deliberately upsetting or offending others.

65.6 You must not unnecessarily flood the Services with material relating to a particular subject or subject area, whether alone or in conjunction with others.

65.7 You must at all times be courteous and polite to other users of the Services.

66. Hardware, Equipment & Software

66.1 It is assumed that the Client does not have the required knowledge to maintain the Whirligig WordPress website. The Client agrees that it is not the responsibility of Whirligig to provide this knowledge or maintain the website in the Client’s stead without the purchase of additional services and the previously defined support.

66.2 Whirligig makes no guarantees, assurances or warranties that the compatibility with the Client’s computer equipment and/or software will be compatible with any Whirligig product or service.

66.3 It is the Client’s sole responsibility to provide all personal or company details necessary for the access to Whirligig websites.

Definitions

Acceptance: The acknowledgment and agreement by the Licensee to all terms, conditions, and obligations of this Agreement upon installation of the Software. This includes adhering to any restrictions, fulfilling obligations, and recognizing the rights of the Provider as outlined in the Agreement.

Account: The account created on the Whirligig Platform for the Client, providing login details and access to the Hosted Services. This account is necessary for managing the Client’s interactions with the Platform, including accessing services, tracking usage, and handling billing.

Client: Refers to you, the client, logged-in user, visitor, website user, or person using the Whirligig websites. The Client is responsible for complying with all terms and conditions and ensuring their activities on the Platform do not violate any laws or regulations.

Confidential Information: Data or information relating to the business of the Client that is proprietary and not generally known in the industry, where its release could cause harm to the Client. This may include trade secrets, business plans, customer lists, financial records, and proprietary software.

Effective Date: The date on which the Account is automatically generated for the Client, and login details are provided. This marks the commencement of the Agreement and the start of the Term during which the Client can access the Hosted Services.

Force Majeure Event: Events beyond Whirligig’s control, such as natural disasters, wars, strikes, or other major disruptions, that prevent the fulfillment of the Agreement. Such events relieve Whirligig from its obligations under the Agreement during the period of disruption.

Hosted Services: The services provided by Whirligig, accessible via a Supported Web Browser for the Client’s internal business purposes, subject to specified limitations and prohibitions. This includes functionalities, features, and any updates provided during the Term.

Indemnification: An agreement to hold harmless and protect the other Party from any claims, losses, damages, liabilities, expenses, or legal fees arising from acts or omissions related to this Agreement. This ensures that each Party can recover costs if they suffer due to the other’s actions or failures.

Intellectual Property: All intellectual property and related material developed or produced under this Agreement, owned solely by Whirligig, unless a formal agreement to share the IP has been made. This includes software, documentation, methodologies, and trademarks developed by Whirligig.

Maintenance Services: Services provided by Whirligig to maintain the Hosted Services, including scheduled maintenance and upgrades, with prior notice given to the Client. These services ensure the smooth operation and continuous improvement of the Hosted Services.

Platform: The infrastructure and software provided by Whirligig, including Whirligig Compliance, Whirligig Learning, and Whirligig Skill Card. The Platform supports various business functions such as compliance tracking, employee training, and skill development.

Provider: Refers to The Whirligig and its suppliers. The Provider is responsible for delivering the Hosted Services and ensuring they meet the agreed-upon standards of performance and availability.

Retainer: A payment made by the Client upon execution of the Agreement, necessary for works to commence or be scheduled. The Retainer secures the Client’s commitment and covers initial costs incurred by Whirligig in preparing to deliver the Services.

Service Availability: The availability of Whirligig Platforms, hosted on AWS, provided in line with AWS Service Terms. This definition includes uptime guarantees, performance standards, and any service credits applicable in case of outages.

Support Services: Helpdesk and technical support provided by Whirligig to the Client during the Term, with specified response times and conditions. These services address issues, provide guidance, and ensure the Client can effectively use the Hosted Services.

Term: The duration of the Agreement during which the Client is granted access to the Hosted Services. The Term specifies the start and end dates and any conditions for renewal or termination.

Terms: The terms and conditions outlined in the document, governing the use of the Whirligig website, services, and materials. These Terms establish the legal framework for the relationship between Whirligig and the Client.

Whirligig: Refers to The Whirligig Pty Ltd, including its entities and brands: PW Compliance Consulting Pty Ltd, Achieve Best Practice Pty Ltd, MyHSEQ, Manage My RTO, Whirligig Learning, and Whirligig Compliance Pty Ltd. Whirligig is responsible for providing the Hosted Services and ensuring compliance with this Agreement.

Whirligig Material: Any intellectual property, legal materials, documents, web pages, software products, web links, email information, or any other materials provided by or previously provided by Whirligig or the Site. This includes all resources and content that Whirligig makes available to the Client.

Whirligig Platforms: Hosted services provided by Whirligig, including Whirligig Compliance, Whirligig Learning, and Whirligig Skill Card. These platforms deliver specific functionalities and tools tailored to compliance, learning, and skill management needs.

Whirligig Services: Any service provided by Whirligig. This encompasses all offerings from software as a service (SaaS) solutions to auditing, training, consulting and support services provided to the Client.