Terms and Conditions

1. ENTIRE AGREEMENT

The contract is comprised of:

1. Competency Training’s proposal (“Proposal”);
2. these Terms & Conditions; and
3. the Authorisation to Proceed in Competency Training’s proposal as signed by or on behalf of the Client,

(“Contract”).

The Contract only forms and becomes legally binding upon the parties on Competency Training receiving from the client the Authorisation to Proceed contained in the Proposal signed by or on behalf of the Client.

It is agreed by the parties that any purchase order received from the Client, and any other documents referred to in that purchase order, do not form part of the Contract.

The parties warrant that in entering into this Contract they have not relied upon any prior oral or written representation or warranty which is not expressly included in the Contract.

In the event of there being any ambiguity, discrepancy, or inconsistency of any nature between the documents comprising the Contract, the order of precedence to be applied to resolve the ambiguity, discrepancy, or inconsistency is the order in which the documents are listed above.

2. Provision of Services

Competency Training will provide the Client with the services specified in the Proposal.

3. Payment

Competency Training will ensure participants are informed of all due course fees, and the involved payment terms and conditions.

Payments:

The amount due will be shown in full on the course registration form, and in discussions with the student in the lead-up to the course. Upon enrolment, we will request confirmation on how payment will be made before the commencement of training and issue an invoice.

In accordance with the Standards for Registered Training Organisations (RTOs) 2015 made under subsection 185(1) and subsection 186(1) of the National Vocational Education and Training Regulator Act 2011, Competency Training requires that the student makes payment of the lesser of the following by the invoice due date:

1. $1,500.00 AUD per course listed on the individual’s tax invoice; or

2. The total balance due (to the extent that the fees for the course are less than $1,500.00 AUD in total).

Payments for course fees less than $1,500.00 AUD are to be made via credit card or direct deposit and need to occur at least five (5) working days before the course begins.

Payments for course fees exceeding $1,500.00 AUD, an initial deposit of up to $1,500.00 AUD is to be made via credit card or direct deposit. To the extent that there remains a balance due after the student has made the required pre-payment, the remainder shall become due upon finalisation of the course. For example, if the course fees were $4,000.00 AUD, an initial deposit of $1,500.00 AUD is to be made prior to course commencement. At the finalisation of the course, the $2,500.00 AUD balance becomes due.

Should a balance remain owing after the finalisation of the course, or where companies fail to meet agreed payment terms, Competency Training reserve the right to withhold the issuance of AQF certification.

If the student elects to pay any amount in excess of the required pre-payment by the invoice due date, they do so voluntarily, and it shall be taken as paid upon finalisation of the course.

Cancellations and refunds:

*All cancellations must be in writing and sent to info@competencytraining.com

In extenuating circumstances where evidence is supplied in writing, a refund may be considered at the discretion of the General Manager. This must be submitted within four (4) weeks of the course end date.

Please note: Refunds will be processed back in the same way the payment was received (i.e. credit card back onto the same credit card).

Enrolment changes where a refund is not required:

You may replace an existing student booking with another eligible student up to two (2) working days prior to the course commencement. If less than two (2) working days’ notice is provided, a change fee of $50.00 AUD will be applied.
Where a resit has been granted for a high-risk work licence, the first attempt is complimentary and where the student is unable to attend an attempt within the required time frame, a refund will not be granted (see section 4.2 under ‘Competency-Based Training and Assessment’ for further clarification)
Attempt 1: included in the initial course cost
Attempt 2: complimentary
Attempt 3: subject to $200.00 AUD fee

Where a student is required to reschedule their course, this can be done without penalty if the request is received at least five (5) or more working days prior to the course commencement.

Re-sit requirements:

High-risk licence courses require the student to be competent within sixty days (60) of course completion. Therefore, the complimentary re-sit (attempt 2) must be undertaken within this period to satisfy the relevant state or territory Workplace Health and Safety regulatory requirements.

Note: Reassessments may be conducted where a candidate did not achieve a competent result in their initial assessment, or where a licence holder or licence applicant has been directed by WHSQ to obtain a reassessment if the WHS regulator reasonably believes that they may not be competent to carry out the relevant class of HRW.

For a reassessment where a candidate did not achieve a competent result in their initial assessment and the reassessment occurs within 60 calendar days of the initial assessment, candidates are only required to complete those parts of the assessment for which they were unable to demonstrate competency (i.e. knowledge and/or calculations and/or performance).

Reassessment where a candidate did not demonstrate competency in the initial assessment:

An assessor must conduct the reassessment in full (i.e. all questions are to be answered in knowledge and calculations reassessments and all tasks are to be completed in performance reassessments).

An assessor must reassess all parts of the assessment (knowledge, calculations and performance) if the reassessment occurs between 60 calendar days and 12 months from the initial assessment. If after 12 months of the initial assessment, the candidate MUST complete the Unit of Competency (UoC) and the National Assessment Instrument (NAI) again.

If Competency Training cancel a course due to insufficient enrolments or for any other reason (including but not limited to circumstances outside the reasonable control of Competency Training or epidemic/pandemic recognised by the World Health Organisation), a full refund will be issued, with the exception of instances whereby a booking is classified as a “complimentary” booking, which includes but is not limited to “re-sits” or “re-assessments” where a student has failed an attempt.

If a student is in a government-declared Local Government Area (LGA) “hotspot”, and/or the student contracts COVID-19, the waiving of the cancellation notice will apply if sufficient evidence has been sent to Competency Training. In this case, a full refund will be issued (with the exception of instances whereby a booking is classified as a “complimentary” booking, which includes but is not limited to “re-sits” or “re-assessments” where a student has failed an attempt).

Competency Training must ensure that all courses that have commenced will be completed and that sufficient financial reserves are maintained to ensure that this commitment is honoured in the case that this is not possible, refunds of the applicable course fees are provided to the students.

For WA Funding ONLY:

Competency Training has a census/withdrawal date for each unit at no less than 20% of the duration between the start date and the projected end date. Students who withdraw in writing before the census/withdrawal date are entitled to a full refund of course fees for that unit and a 50% refund of resource fees – (Refer to Standards for Registered Training Organisations (RTOs) 2015 Clause 6.8.2 of the VET Fees and Charges Policy).

Registered Training Organisations operating within the Standards for the Registered Training Organisations (RTOs) 2015 are required to meet several conditions of registration that relate to financial management and insurance. These include the requirement to:

· protect fees paid in advance for services

· have a fair and reasonable refund policy

· have the company’s accounts certified at least annually by a qualified accountant

· hold public liability insurance throughout its registration period.

For further information, please see the terms and conditions at the back of this document.

Student Fees:

The course fees are fully inclusive of all training and assessment activities, printed course notes, and catering where provided and if applicable. The AQF certifications that are awarded to students are inclusive of the course fee. Within reason, replacement AQF certifications will be provided free of charge, upon request.

Each student is responsible for their own transport and accommodation costs that may be incurred as part of their participation in training courses.

4. GST

Unless otherwise stated, all monetary amounts stated in this Contract are exclusive of the GST. Any GST amount which may be required to be paid is to be paid to Competency Training in addition to the relevant monetary amount otherwise stated in the Contract.

5. Access

Competency Training is to be provided with such site access or other access as it may reasonably require to supply its services.

6. Intellectual Property

Nothing in this Contract has any effect on Competency Training’s pre-existing intellectual property, which remains the property of Competency Training. The Client is granted a perpetual, non-exclusive, royalty-free, non-transferable licence to use Competency Training’s pre-existing intellectual property supplied under this Contract for the benefit of enjoying the services provided under this Contract.

Any intellectual property created by or as a result of the supply of any goods and services under the Contract is and remains the property of the party specified in the Proposal.

In this Contract, “intellectual property” means all copyright and analogous rights (including moral rights), all rights in relation to inventions (including patent rights), registered and unregistered trademarks (including service marks), registered designs, confidential information (including trade secrets), know-how, circuit layouts and all other rights (regardless of whether tangible or intangible) throughout the world resulting from intellectual activity in the industrial, scientific or artistic fields.

7. Insurance

Competency Training will for the duration of the Contract effect and maintain the following insurances:

1. public liability insurance in the amount of $20,000,000 in respect of any one occurrence; and
2. professional indemnity insurance in the amount of $10,000,000 in respect of any one claim and in the annual aggregate.

8. Limitation of Liability

Notwithstanding any other clause or statement in any of the documents forming part of the Contract, Competency Training’s maximum aggregate liability under or in any way connected with the Contract is limited to:

1. if the Contract is a contract to which Division 1 of Part 3-2 of Schedule 2 to the Competition and Consumer Act 2010 applies, the greater of:
   
   1. the cost of resupplying the services supplied under the Contract; or
   2. the amount recovered by Competency Training pursuant to any policy of insurance maintained pursuant to this Contract;
2. if the Contract is not a contract to which Division 1 of Part 3-2 of Schedule 2 to the Competition and Consumer Act 2010 applies, the greater of:
   
   1. the Contract Price; or
   2. the amount recovered by Competency Training pursuant to any policy of insurance maintained pursuant to this Contract.

Notwithstanding any other clause or statement in any of the documents forming part of the Contract, and to the fullest extent permissible at law, neither party will in any event whatsoever be liable to the other party for any Consequential Loss.

In this clause ‘Consequential Loss’ means any consequential, indirect, special, exemplary, or punitive damages or losses, including any loss of production, loss of revenue, loss of profit or anticipated profit, loss of business reputation, business interruptions of any nature, loss of opportunities, loss of anticipated savings or wasted overheads.

This clause survives termination of the Contract.

9. Variation of Terms

These Terms and Conditions may only be varied in writing signed by the parties or their relevant representatives.

10. Waiver

Any waiver of any right or obligation under the Contract can only be done in writing signed by the relevant party. No action, other than an action to waive in writing any right or obligation, or inaction by Competency Training will constitute any waiver of any right or obligation under the Contract.

11. Severability

If any part of these Terms and Conditions is held to be invalid, unlawful, or unenforceable in any way and for any reason, these Terms and Conditions will continue to apply to the fullest extent possible save and except for the part which is held to be invalid, unlawful, or unenforceable.

12. Termination for Default

Either party is entitled to immediately terminate the Contract by giving written notice in the following circumstances:

1. if any other party fails to comply with any of its obligations under the Contract and, in the event that the failure is capable of being rectified, fails to remedy the failure to comply within 14 days of receipt of written notification of the   default; or
2. if any other party is insolvent, becomes bankrupt, or becomes subject to any official management, receivership, liquidation, voluntary administration, winding up, or external administration.

13. Termination for Convenience by Client

The Client is entitled to terminate the Contract at any time by giving written notice to Competency Training. If the Client terminates the Contract and:

1. that termination occurs more than 5 days before commencement of the Services by Competency Training, the Client is not liable to pay the Contract Price (and is entitled to a refund of any part of the Contract Price already paid) save and except an amount equal to cover any costs reasonably incurred by Competency Training in expectation of supplying the Services; or
2. that termination occurs 5 days or less before the commencement of the Services by Competency Training, the Client is liable to pay the Contract Price unless otherwise agreed in writing by Competency Training.

14. Termination for Convenience by Competency Training

At any time and for any reason Competency Training may terminate the Contract. If Competency Training terminates the Contract pursuant to this clause, it will refund to the Client any part of the Contract Price paid by the Client.

15. Applicable Law

The Contract is governed by the laws of Queensland. The parties irrevocably elect to accept the jurisdiction of the Queensland Courts (including all Federal Courts) and to commence any proceedings in such courts

Version 20210928