Terms and Conditions

Terms and Conditions

These are the Terms and Conditions on which Elbon Consulting Services Pty Ltd (ABN 89 755 348 137) (Trading as Height Safety Engineers and Firefect) will provide the Training Services to you. Please read them carefully.

1 Training Services

1.1 Training Services
a) Elbon Consulting Services will perform the Training Services in accordance with the terms and conditions of this Agreement, and warrants that:
(i) it has all the necessary licences and registrations to perform the Training Services;
(ii) the Training Services will be provided with due care and skill in a safe, professional and competent manner; and
(iii) its Personnel are suitably qualified and experienced to perform the Training Services.
b) When using or accessing your premises or facilities, Elbon Consulting Services will comply with all applicable policies, procedures and security requirements in operation at those premises or facilities as notified by you.

1.2 Compliance with laws
Each party must comply with all applicable laws in relation to the Training Services.

2 Your responsibilities

2.1 You must provide Elbon Consulting Services and its Personnel with all assistance, including safe and appropriate access to your premises and facilities, as reasonably necessary for Elbon Consulting Services to perform the Training Services.

2.2 When using or accessing Elbon Consulting Services premises or facilities, you must (and must ensure that the Participants) comply with all applicable policies, procedures and security requirements in operation at those premises or facilities as notified by us.

2.3 You must promptly notify Elbon Consulting Services of any personal injury or serious incident relating to the Training Services.

2.4 Where a Participant, in the reasonable opinion of Elbon Consulting Services, is acting inappropriately, Elbon Consulting Services may immediately remove that Participant from the Training Course, without a refund of the Fees.

2.5 If a Training Course is provided online you must ensure that your systems meet the minimum system requirements as advised by Elbon Consulting Services, otherwise Elbon Consulting Services may not be able to provide the Training Course.

3 Fees and GST

3.1 Fees
a) All fees are charged in Australian dollars (AUD) and will appear on your bank statement as 'Elbon Group of Companies Pty Ltd'
b) You must pay Elbon Consulting Services the Fees and any other amounts payable by you under this Agreement 7 days prior to the commencement of Training Services being delivered.
c) If you genuinely dispute an invoiced amount, you need not pay the disputed amount until the dispute is resolved, however you must pay all undisputed amounts by the due date.

3.2 GST
a) Unless expressly stated otherwise, all amounts payable for any supply under this Agreement are exclusive of GST. If GST is payable on a taxable supply made under this Agreement and the recipient of that supply receives a tax invoice for that supply, the recipient must pay the GST to the supplier (without deduction or set-off) at the same time as the consideration for the supply is payable.
b) If a party is entitled to be reimbursed or indemnified under this Agreement, the amount to be reimbursed or indemnified does not include any amount for GST for which the party is entitled to an input tax credit. In this clause, terms used that are defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) have the meaning given in that Act.

4 Cancellations, Re-scheduling and Refunds

4.1 Cancellations and Refunds
a) If you wish to cancel a Training Course, you must provide Elbon Consulting Services with at least 7 Business Days' prior written notice before the relevant Training Course start date.
b) If you cancel the Training Course and provide less than 7 Business Days' notice, you must pay the following cancellation charge in lieu of a refund:
(i) if you give less than 7 Business Days' notice, a cancellation charge of 50% of the Fees will apply and the remaining balance will be refunded;
(ii) if you give less than 3 Business Days' notice, a cancellation charge of 100% of the Fees will apply; or
c) Elbon Consulting Services may cancel or reschedule a Training Course for convenience at any time on prior written notice to you. If Elbon Consulting Services cancels a Training Course under this clause, we will refund any Fees paid by you for the cancelled Training Course.

4.2 Re-scheduling
If you wish to re-schedule a Training Course to another agreed training date, you must provide Elbon Consulting Services with at least 5 Business Days' prior written notice.

5 Confidentiality

5.1 Confidentiality
Each party must keep the other party’s Confidential Information confidential, and must not disclose it to any person, except:
a) with the written consent of the other party;
b) to its Personnel and professional advisors on a ‘need-to-know’ and confidential basis;
c) if disclosure is required by law or the rules of any stock exchange; or
d) in the case of Elbon Consulting Services, to any Government Authority for any legitimate government purpose.

5.2 Return of Confidential Information
On termination or expiry of this Agreement each party must, at the other party’s request, promptly return or destroy all copies of the other party’s Confidential Information in its possession or control, except to the extent it needs to retain the other party’s Confidential Information for record keeping purposes or to comply with any applicable law.

6 Intellectual Property Rights

6.1 You acknowledge and agree that Elbon Consulting Services (or its licensors) owns all Intellectual Property Rights in the Training Material and any other material created by, or on behalf of, Elbon Consulting Services in relation to the Training Services.

6.2 Elbon Consulting Services grants you a royalty free, non-exclusive and non-transferable licence to use the Training Material for the sole purpose of obtaining the full benefit of the Training Services.

6.3 Except as expressly permitted under this Agreement, you must not:
a) copy, modify or reproduce any of the Training Material;
b) record or transmit any of the Training Services or Training Material;
c) reverse engineer, reverse compile or disassemble any software used to provide the Training Services; or
d) licence, sell, rent, lease, transfer, assign, distribute or otherwise commercially exploit the Training Material.

7 Insurance

7.1 Elbon Consulting Services must effect and maintain, at its own cost, the following insurance coverage:
a) public and product liability insurance for at least $10 million per occurrence;
b) professional indemnity insurance for least $5 million per occurrence; and
c) workers' compensation insurance as required by law.

7.2 If requested by you, Elbon Consulting Services will provide you with satisfactory evidence that the above insurance coverage has been effected and is current.

8 Liability

8.1 Neither party will be liable to the other party under this Agreement (whether arising under statute, common law, tort (including negligence), breach of contract or otherwise) for any indirect or consequential loss or damage, loss of profits, business opportunities, goodwill or likely savings.

8.2 To the maximum extent permitted by law, Elbon Consulting Services total aggregate liability arising from or in connection with this Agreement (whether arising under statute, common law, tort (including negligence), breach of contract or otherwise), is limited to the total Fees payable to Elbon Consulting Services under this Agreement.

8.3 Elbon Consulting Services' liability will be reduced to the extent that any loss or damage is caused or contributed to by you.

9 Force Majeure

9.1 A party will not be liable for any delay or failure to perform its obligations under this Agreement (except for an obligation to pay the fees and charges) to the extent it is caused by an event outside of its reasonable control, provided it takes all reasonable steps to resume compliance as soon as possible.

10 Termination

10.1 Termination by either party
A party may terminate this Agreement at any time by written notice to the other party, if the other party:
a) commits a breach of this Agreement that is capable of remedy, and fails to remedy that breach within 14 days of receiving notice of that breach;
b) commits a breach of this Agreement that is not capable of remedy; or
c) is affected by an Insolvency Event.

10.2 Consequences of termination or expiry
a) On termination or expiry of this Agreement, you must immediately cease using the Training Material.
b) Termination or expiry of this Agreement does not affect any accrued rights or remedies a party may have.
c) Clauses 5, 6, 8, 10.3, 11 and 12 survive termination or expiry of this Agreement.

11 Dispute Resolution, Complaints & Appeals

We, the RTO, will deal with any participant complaints or appeals against our decisions in an effective and timely manner.
a) Academic Appeals must be lodged in writing within six (6) months of assessment decision
b) Each complaint and appeal and its outcomes will be recorded and acknowledge in writing within fourteen (14) days of being received
c) Each appeal is heard by the National Training & Operations Manager
d) Each appellant:
(i) Has the opportunity to formally present his/her case
(ii) Is given a written statement of the appeals outcome, including reasons for the decision
(iii) We will act upon any substantiated complaint and provide you with an update of the status of your complaint within fourteen (14) days from the date of such complaint. The update will be on the progress of your complaint and what we have done up to that point to address it.
(iv) Should an appeal decision be appealed further, the appeal will be reviewed by the RTO Compliance Manager and CEO
(vi) Should more than sixty (60) days be required to process and finalise a complaint or appeal the RTO will notify the complainant/appellant in writing

If an appeal for re-assessment is approved we will make all necessary arrangements to conduct the re-assessment of the participant at a time that is mutually convenient for all parties concerned. There is no cost to the participant for re-assessment in the event of an appeal being approved.
Copies of the Complaints and Appeals forms are available from the contact person below from 9:00am to 5:00pm, Monday to Friday:
RTO Compliance Manager
1300 884 978

All complaints and appeals are reviewed at our monthly management meetings. Monthly management meetings occur on the first Friday of each calendar month.
Appeals and the process of appeals along with any complaints you may raise with us will be included in our Continuous Improvement Register. The Continuous Improvement Register is managed by:
RTO Compliance Manager
1300 884 978

The Continuous Improvement Register is overseen and actions recommended in the register are managed by:
Chief Executive Officer
1300 884 978

If the participant is still not satisfied with the resolution of the complaint or appeal they may contact ASQA to lodge a formal complaint.

As the national regulator of Australian vocational education and training (VET) providers, ASQA uses information received through student complaints to ensure that providers, such as us, are delivering quality training and assessment services.
The ASQA website includes the following statement regarding complaints:
"ASQA accepts complaints about training providers from all members of the community.
ASQA takes a risk-assessment approach to student complaints, which allows us to focus on risks to the quality of vocational education and training in Australia.
ASQA is not a consumer protection agency and cannot act as an advocate for individual students. However, ASQA highly values complaints about training providers—all complaints are used as intelligence to inform regulatory activities."

The website link to make a complaint electronically is: https://www.asqa.gov.au/complaints

To speak to an ASQA representative, please contact the ASQA Info Line on 1300 701 801 between 9:00am and 7:00pm (EST), Monday to Friday, or email enquiries@asqa.gov.au

12 Language, Literacy & Numeracy Our course materials contain written documentation and some numerical calculations.

We recognise the need for Language, Literacy and Numeracy requirements and our training and assessments take this into account for each Unit of Competency as well as for the qualification and target audience.

We will endeavour to help where we can to accommodate anyone with difficulties with Language, Literacy and Numeracy.

A basic test is available to students who believe themselves to require assistance with Language, Literacy and Numeracy. To apply for assistance please call our office or email the RTO Compliance Manager at training@heightsafety.net.

In the event that a participant’s needs exceed our skill we will refer the participant to an external support provider such as:
Reading Writing Hotline
1300 655 506

13 Certificate Issuance

It is the responsibility of the RTO to:
a) Issue to a person whom has been deemed competent in accordance with the Training Package or VET accredited course, a VET qualification or VET Statement of Attainment (as appropriate) that:
(i) Meets the Australian Qualification Framework (AQF) requirements;
(ii) Identifies the RTO by its National Provider Number (91227); and
(iii) Includes the NRT logo in accordance with current conditions of use.
b)The RTO will meet the requirements for implementation of a national Unique Student Identifier (USI). The RTO obtains a Unique Student Identifier for each student at enrolment. Transcripts provided through the Unique Student Identifier Agency database will be recognised.
c) AQF documentation will be issued to a learner via the SkillsOnCourse Portal within thrity (30) calendar days of the learner being deemed competent in all requirements of the Training Package or Accredited course, except where the leaner owes fees for the delivery of the training and assessment, or where a valid Unique Student Identifier has not been provided to the RTO.
d) The RTO will retain client records of attainment of units of competency and qualifications for a period of thirty (30) years.
e) In order to obtain a replacement certificate or Statement of Attainment, the student will need to speak to the Training Coordinator who will verify the identity of the student, advise the replacement fee and check the student has been issued with a Unique Student Identifier prior to processing. Reissuance fees must be paid in advance of certificate reissuance.

14 General

14.1 Entire agreement
This Agreement constitutes the entire agreement between the parties as to its subject matter, and supersedes any prior understanding, representation or agreement between the parties.

14.2 Governing law
This Agreement is governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place and the courts of appeal from them.

14.3 Relationship of the parties
The relationship of the parties is that of independent contractors and nothing in this Agreement is to be treated as creating an employer/employee relationship, agency, partnership or joint venture between the parties.

14.4 Variation
This Agreement may only be varied by written agreement between the parties.

14.5 Severability
If any clause (or part of any clause) in this Agreement is held by a court to be illegal, void or unenforceable, that clause (or part of a clause) is to be regarded as having been deleted from this Agreement, and this Agreement otherwise remains in full force and effect.