This Code of Conduct has been developed to provide a framework to assist Share Link Resellers in managing client relationships in a share pricing and investor relations context, and to help prevent or deal with any disputes that they may have with their clients, Resellers, or employees that may involve use of the Share Link platform.
This Code does not attempt to answer every question or address every issue that may arise. Share Link recognises that Resellers must act in the interests of their clients and may be subject to various professional standards. This Code is intended to supplement, and not detract from, those principles.
1.1. This Code of Conduct (Code) applies to all organisations and individuals that have accepted the Share Link Reseller Agreement (Resellers) including, but not limited to developers, designers and investor relation firms.
1.2. In addition to helping Resellers manage client relationships, this Code is intended to provide some guidance on disputes that may arise in connection with the Share Link Platform, including:
a) fee disputes between Resellers and their clients (Clients) which may threaten access to a Share Link subscription by a business that uses Share Link; or
b) any other Share Link subscription ownership or access disputes, such as between Resellers and their Clients, Resellers and their employees or agents, or two or more persons with an interest in a Reseller’s business.
2.1. Resellers play a key role in educating prospective Clients about their options for setting up their business on Share Link. Resellers should discuss and seek a written acknowledgement from their Client about who, between the Client and the Reseller, will be the “Subscriber” that ultimately controls access rights to and is responsible for payment of the Share Link subscription (as described in Share Link’s Terms and Conditions).
2.2. Resellers should provide materials to Clients, which might be incorporated into a letter of engagement or other document, that cover the following matters:
a) a brief explanation that cloud computing services involves the storage of files on remote servers operated by third parties, which in Share Link’s case, may involve the use of hosting providers inside and outside of Australia;
b) that there is the ability for Clients to act as the Subscriber for Share Link subscriptions and to “invite” the Reseller into that subscription as an “invited user”, rather than having the Reseller act as Subscriber to that subscription;
c) the nature of user roles on Share Link, and in particular that the Subscriber to a Share Link subscription has the ability to control access rights to a Share Link subscription; and
d) if it is agreed that the Reseller or a party other than the Client will be the Subscriber for a Client’s business:
(i) information as to how Clients will be able to access Share Link data relating to their business, including if the relationship between the Reseller and the Client terminates or there is a dispute between the Reseller and the Client;
(ii) what the Reseller will require from the Client in order to facilitate a transition of services (and/or related services) from the Reseller to a new provider; and
(iii) what dispute resolution procedures the Reseller has in place and how access to the Share Link subscription will be maintained in the event of a dispute (including relating to non-payment of the Reseller’s fees) between the Reseller and Clients.
2.3. Resellers should make every effort to ensure that their employees, agents, and clients maintain sound information technology security practices, including, for example:
a) implementing industry standard measures such as appropriate password management practices and ensuring appropriate anti-virus/malware software is in place;
b) seeking advice and reviews of security practices from time to time; and
c) taking advantage of guides and resources on IT security.
2.4. This clause 2 does not contain an exhaustive list of matters to be addressed with Clients. Resellers should seek further advice from their professional associations in relation to requirements relating to the Client engagement process.
Where the Reseller acts as the Subscriber to a Share Link subscription in relation to a Client’s business:
3.1. Resellers acknowledge and agree that any action to prevent or otherwise limit their Client’s access to a Share Link subscription can cause disruption or loss to that business.
3.2. Resellers acknowledge and agree that causing disruption or loss to a business, as described in clause 3.1 (i.e., by limiting or denying access to the Share Link Platform), is not an acceptable strategy to recover fees from Clients or for similar debt collection purposes.
3.3. Resellers must refrain from any action in relation to a Share Link subscription that would hinder their Client’s ability to continue operating their business, even if a dispute remains unresolved between the Reseller and their Client. Ongoing access to a Share Link subscription whilst a dispute is being resolved can be accommodated using the process in clause 3.4.
3.4. This section does not require Resellers to continue paying for Share Link subscription fees indefinitely while a dispute remains unresolved between a Reseller and a Client in relation to the Share Link Platform. In the event that a Client requires continued access to the Share Link subscription, the Reseller may:
a) require reimbursement from the Client for ongoing Share Link fees (being Share Link’s subscription fee only) that are required in order to prevent suspension of the Share Link subscription by Share Link; or
b) transfer the subscription (and therefore that payment obligation to Share Link, from the effective date of the transfer) to the Client (or a third party nominated by the Client) in accordance with Share Link’s standard transfer process.
4.1. Resellers must take reasonable action to co-operate with any Clients that wish to transfer their services to a new Reseller, Share Link directly, or to another provider using a platform other than Share Link, including by providing or maintaining access to the Share Link subscription, or transferring the Share Link subscription as reasonably necessary to efficiently facilitate the transition.
4.2. This section does not require a Reseller to undertake substantive work on the Share Link Platform for the Client without charge.
5.1. Share Link expects that its Resellers will observe and comply with this Code and that, in doing so, Resellers will be able to more effectively manage any disputes that may occur with their Clients in relation to the Share Link Platform.
5.2. Where Share Link becomes aware of a dispute between a Reseller and a Client, Share Link expects that in most cases the parties will be able to resolve the dispute directly between themselves (particularly if the above guidance is followed), which may involve alternative dispute or formal dispute resolution mechanisms.
5.3. Share Link will endeavour to accommodate any agreed outcomes of dispute resolution processes, provided that such outcomes are reasonable and otherwise consistent with the Share Link platform and Share Link Terms and Conditions. In the event that any parties are not able to resolve their dispute privately, Share Link will comply with an order from a court that has jurisdiction to hear the matter under Share Link’s Terms and Conditions. In some cases, Share Link may be unable to take any action in the absence of a court order or mutual agreement of the parties.