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These Terms and Conditions govern the use of our recruitment services, AI-driven SaaS platform, and our website. By accessing or using Skill Society’s services, you confirm that you agree to these Terms.
Last Updated: 31 March 2025
These Terms and Conditions of Business (the “Agreement”) apply to the provision of Skill Society’s AI-driven SaaS platform and related professional services. They are between Skill Society PTY LTD (ABN 65 685 687 478) (“Skill Society/Us/We”) and the entity or individual accepting these Terms (the “Client”). By using Skill Society’s platform or services, the Client acknowledges acceptance of these Terms.
a. This agreement applies to:
(i) The provision of Skill Society’s AI-driven SaaS platform and related professional services as outlined in the accompanying proposal.
(ii) The delivery of customisable interview and analytics solutions tailored to the Client’s recruitment needs.
(iii) Any mutually agreed add-on services documented in writing.
b. By using Skill Society’s platform or services, the Client acknowledges acceptance of these Terms.
This Agreement embodies the entire understanding between the parties. No other documents or terms may alter the scope of these Terms unless explicitly agreed in writing.
a. Quotations are valid for acceptance within 30 days from the date of issue.
b. Any acceptance beyond this timeframe must be confirmed in writing by Skill Society.
a. Skill Society agrees to provide:
(i) Access to the SaaS platform for the agreed duration.
(ii) Standard support and updates as outlined in the Service Level Objective (SLO) section 2.
(iii) Customisation and integration services as mutually agreed in writing.
b. Support Channels: The Client may submit routine support inquiries via email to support@skillsociety.com.au or through the platform’s support portal.
a. Platform License:
(i) The first month’s fee for the Platform License is payable upon commencement of this Agreement.
(ii) Monthly payments are due on the same day each subsequent month, billed in advance, and auto-renew unless cancelled in writing at least 30 days before the next billing cycle.
b. Candidate Assessment Packs:
(i) Billed on a one-month contractual basis, payable in advance.
(ii) Fees for additional or upgraded packs will be prorated for the remaining period.
(iii) Downgrades take effect at the start of the next billing cycle if requested in writing at least 5 business days before the cycle ends.
c. Go-Live Fees:
(i) A one-time charge for services described in the project proposal, payable in full upon acceptance of this Agreement or as otherwise specified.
d. Total Costs Summary:
(i) All costs for the Platform License, Candidate Assessment Packs, and Go-Live Fees are outlined in Section 5 of the Terms.
e. General Payment Terms:
(i) All invoices are due by the 20th of the month following the invoice date unless stated otherwise.
(ii) Fees are non-refundable except in the case of material breach by Skill Society or where stated under the 30-Day Money Back Guarantee.
(iii) Overdue payments may incur interest.
f. 30-Day Money Back Guarantee:
(i) Applies to new Clients who subscribe to the platform for the first time.
(ii) Refund includes unused Candidate Assessments (minus used assessments) and any unused, prorated portion of the monthly platform fee.
(iii) Requests must be in writing (e.g., email to accounts@skillsociety.com.au) within 30 days of the subscription start date.
a. Ongoing Subscriptions:
(i) The platform license is billed monthly in advance and auto-renews unless cancelled as stated above.
(ii) Candidate Assessment Packs are likewise auto-renewing unless cancelled in writing.
b. Cancellations and Modifications:
(i) The Client may upgrade, downgrade, or cancel packs with changes taking effect in the next billing cycle.
(ii) Requests must be submitted in writing at least five business days before the end of the current term.
c. Pricing Adjustments:
(i) Skill Society reserves the right to adjust subscription fees with at least 30 days’ prior written notice.
(ii) Continued use of the platform beyond the notice period constitutes acceptance of the new rates.
All fees and rates are detailed in the attached Pricing Schedule or Quote and are subject to subsequent adjustments communicated in accordance with these Terms.
Both parties agree to maintain the confidentiality of proprietary and sensitive information shared during the engagement and comply with the Privacy Act 1988 (Cth) for handling personal data.
a. Ownership:
(i) Skill Society retains all rights to the platform, configurations, and related intellectual property.
(ii) Custom content provided by the Client remains the Client’s property.
b. License to Use Data:
(i) The Client receives a non-transferable license to use the platform for agreed purposes.
(ii) By using the platform, the Client grants Skill Society a limited, non-exclusive, royalty-free license to utilise Client and Candidate Data to develop, enhance, and improve Skill Society’s products and services.
(iii) Candidate Data may be used by Skill Society for its business operations and product development after 90 days, in compliance with applicable data protection laws.
c. IP Infringement Indemnity:
(i) Skill Society will defend and indemnify the Client against third-party claims alleging the platform infringes third-party IP rights, subject to the Client’s prompt notification and cooperation.
d. Restrictions on Use:
(i) The Client shall not reverse engineer, copy, or modify the platform except as explicitly allowed by this Agreement.
a. Skill Society complies with the Australian Privacy Act 1988, the Australian Privacy Principles, and any other applicable data protection laws or regulations.
b. The Client must ensure it has all necessary consents to share personal data with Skill Society.
c. Skill Society stores data securely (encrypted at rest and in transit), retaining Client Data only as required by law or for reporting obligations.
d. Skill Society works with trusted third-party providers that maintain security certifications (e.g., SOC 2, ISO 27001).
e. If a data breach is confirmed, Skill Society will notify the Client without undue delay and no later than 72 hours after confirmation.
f. The Client is responsible for addressing candidate data requests or referring them to Skill Society where needed.
a. The Client may report incidents via email to support@skillsociety.com.au or through the platform’s incident reporting tool.
b. Notification timelines:
(i) Critical Incidents: Skill Society will notify the Client within 4 business hours of identification.
(ii) Security Incidents: If a breach of Client Data is confirmed, Skill Society will notify the Client without undue delay and in any event no later than 72 hours after confirmation.
(iii) Planned Maintenance: Clients will be informed at least 5 business days in advance.
a. Either party may terminate this Agreement for cause with 30 days’ written notice if the other party commits a material breach not remedied within 14 days of notice.
b. The Client may terminate the Agreement without cause by providing 30 days’ written notice, aligning with monthly billing.
c. Upon termination, the Client’s access to the platform ceases, and Skill Society provides a final data export within 30 days before securely deleting the data.
d. Any obligations regarding confidentiality, data protection, and IP rights survive termination.
These objectives define the performance and recovery standards that Skill Society commits to delivering, applicable only to elements within Skill Society’s control.
The SLOs apply solely to Skill Society-managed services, excluding disruptions caused by third-party providers or events outside Skill Society’s reasonable control.
a. Critical Services (platform availability, client data access, and core functionalities): Restoration within 48 business hours after a disruption, if within Skill Society’s control.
b. Non-Critical Services: Restoration within 7 business days.
Skill Society’s RPO is 24 hours, limiting loss of data to no more than 24 hours of transactional data.
SLOs do not apply to outages caused by third-party providers, the Client’s actions, or force majeure events. Restoration timelines depend on the relevant third-party provider’s resolution times.
Business hours are 9:00 AM to 5:00 PM AEST on business days (excluding weekends and NSW public holidays). Issues outside these hours begin resolution on the next business day.
a. Skill Society will notify the Client of Critical Service disruptions within 4 business hours of identification and provide status updates at least every 4 business hours until resolved.
b. If not resolved within the RTO, Skill Society escalates to senior management and commits additional resources.
a. Standard Role Creation: 2 business days from written request for pre-configured templates.
b. Customised Role Criteria: Generally 5 business days, unless otherwise agreed.
c. Skill Society notifies the Client upon completion of setup or customisation.
a. High-Priority Issues: Response within 4 business hours.
b. Standard Issues: Response within 1 business day.
c. Escalation: If an issue remains unresolved, the Client may contact their Account Manager.
3.1. Skill Society Platform Warranty:
(a) Skill Society warrants that the platform will operate in substantial compliance with the described functionality, but does not guarantee uninterrupted or error-free operation.
3.2. Client Responsibilities:
(a) The Client must ensure its systems meet the platform requirements. Skill Society is not liable for disruptions caused by Client systems or misuse.
3.3. Third-Party Providers:
(a) Skill Society uses providers such as Vercel, Supabase, OpenAI, and ATS integration partners. Warranties do not extend beyond those explicitly offered by each third party.
3.4. Limitation of Liability:
(a) Skill Society’s liability is limited to the total amount paid by the Client under this Agreement in the preceding 12 months.
(b) Skill Society shall not be liable for indirect, incidental, or consequential damages, except as required by law.
3.5. Exclusions:
(a) All implied warranties (merchantability, fitness for a particular purpose, non-infringement) are disclaimed to the fullest extent permitted by law.
4.1. Indemnity:
a) You (the Client) indemnify and hold Skill Society harmless from any third-party claims, damages, or expenses arising directly out of your misuse of the platform, failure to comply with applicable laws (including privacy obligations), or any content/data you submit that infringes on third-party rights.
4.2. Limitation of Liability:
(a) Skill Society’s total liability is limited to the total fees paid by the Client in the 12-month period preceding the claim.
(b) Skill Society shall not be liable for indirect, incidental, or consequential damages.
4.3. Clear Scope of 'Misuse':
a) 'Misuse' includes, but is not limited to, posting unlawful content, conducting prohibited data processing activities, or allowing unauthorized access to your account credentials. Merely experiencing a service outage or bug does not constitute your 'misuse' of the Platform.
b) If a claim arises from both your actions and ours, liability may be apportioned under relevant laws.
4.4. Exclusions:
(a) The foregoing limitations do not apply to damages from Skill Society’s gross negligence, wilful misconduct, or breach of confidentiality and data protection obligations.
5.1. Definition:
(a) Force Majeure includes events beyond a party’s reasonable control (Acts of God, war, government actions, etc.).
5.2. Effect of Force Majeure:
(a) Neither party is liable for delays or failures caused by such events. The affected party shall notify the other within 5 business days and make efforts to resume performance as soon as possible.
5.3. Termination Due to Prolonged Force Majeure:
(a) If the event continues for over 60 days, either party may terminate the Agreement upon written notice. The Client shall pay for services provided up to the termination date.
6.1. Jurisdiction:
(a) This Agreement is governed by the laws of New South Wales, Australia.
6.2. Dispute Resolution:
(a) Parties shall first attempt amicable resolution. If not resolved within 30 days, disputes may be referred to mediation and, failing that, to the courts of New South Wales.
10.1. Decision-Making Responsibility:
a) Skill Society provides an AI-driven platform to facilitate recruitment processes, but does not control or direct the hiring decisions of its clients.
b) All final recruitment or hiring decisions rest solely with you (the Client). You agree that you are fully responsible for complying with all applicable employment laws and regulations (including discrimination laws) in your jurisdiction.
10.2. No Liability for Outcomes:
a) While Skill Society strives to provide reliable assessment tools, we do not guarantee any specific outcome or result. By using the platform, you acknowledge that our analytics, interview questions, or other evaluation features serve only as informational aids.
b) Skill Society shall not be liable for any claims or damages arising from employment or hiring decisions that you or third parties make in reliance on data generated by the platform.
10.3. Independent Assessment:
a) You agree to perform your own due diligence and assessment of candidates, independent of the Skill Society platform’s recommendations.
b) Any candidate hiring, promotion, or termination decision should factor in multiple sources of information, not solely data or insights provided by Skill Society.
8.1. Key Terms:
(a) Agreement: This Terms of Service document and any schedules or annexes.
(b) Platform: The Skill Society SaaS platform, including all features, functionalities, and related services.
(c) Candidate Data: Information provided by candidates during the interview process.
(d) Client Data: Data shared by the Client with Skill Society for service provision.
(e) Confidential Information: Non-public information disclosed during the engagement.
(f) Critical Services: Core platform functionalities, including access for recruitment processes.
(g) Force Majeure: Events beyond a party’s reasonable control, as set forth in Section 5.
For any queries or concerns regarding these Terms and Conditions, please contact Skill Society at:
Email: daniel@skillsociety.com.au
Phone: +61 (0) 403 962 102
Set the new standard
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No Lock-in Contracts
4.9 / 5 Rating
From over 17 Customer & Candidate Reviews