Terms and Conditions

Pricing

All prices on this site are in Australian dollars. Prices include GST where marked. A tax invoice will be issued on successful enrolment or purchase.

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 and Re-scheduling

4.1 Cancellations
a) If you wish to cancel a Training Course, you must provide Elbon Consulting Services with at least 15 Business Days' prior written notice before the relevant Training Course start date.
b) If you cancel the Training Course and provide less than 15 Business Days' notice, you must pay the following cancellation charge:
(i) if you give less than 15 Business Days' notice, a cancellation charge of 50% of the Fees will apply;
(ii) if you give less than 10 Business Days' notice, a cancellation charge of 80% of the Fees will apply; or
(iii) if you give less than 5 Business Days' notice, a cancellation charge of 100% of the Fees will apply.
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
Subject to clause 5.3, 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.