Terms and Conditions- Education & Training Courses

1. General

a.

The Australian Organisation for Quality (AOQ Ltd) offers an extensive range of Quality Management and Business Improvement programmes and courses which cover the wider spectrum of management practices and techniques.

b.

i. Education Programmes, are long duration programmes of several weeks to several months duration, e.g. Certified Quality Technician.
ii. Training Courses are short courses, presentations and workshops of up to one week duration.
iii. Our trainers are all practicing professionals and our public courses are conducted in high quality facilities in all Australian capital cities, Auckland New Zealand and in selected regional locations.
iv. Upon receipt of an application to attend a training course or education program, a course a Tax Invoice with course details will be provided, as soon as practicable.
v. Payment is required prior to the commencement of the programme. Delinquent accounts will incur cost of recovery charges.

c. In-House Training

All our training courses can be customised to suit individual organisational requirements and presented at their premises.

d. Discount Policy

When three (3) or more enrolments from the same member organisation for the same programme are received at the same time, a reduction of 10% on the advertised fees is applicable.

e. Policy for Client Cancellations

I. Training course cancellations in writing, are accepted with full refund up to three weeks before the course. For cancellations after this, AOQ Ltd reserves the right to expect full payment of the course fee.
II. A withdrawal from a training course must be confirmed in writing before a refund will be paid.
III. Substitutions are welcome at any time.
IV. Education programme cancellations require a minimum of four (4) weeks written notice prior to course commencement to receive a full refund of fees.
V. Cancellations with less than the four (4) weeks notice receive a refund of fees less a $500 administrative charge.
VI. Withdrawal from an education program once it has commenced will attract a charge which equates to the pro-rata fees for the remainder of the module in progress at the time of withdrawal, or $750, whichever is the greater.
VII. The withdrawal is to be confirmed in writing before the refund will be paid.

f. AOQ Ltd Cancellation and Rescheduling Policy

I. The Australian Organisation for Quality Ltd reserves the right to change the commencement date or to cancel a training or education program for any reason.
II. Clients will be given a minimum of two (2) clear days notice for training programmes and two (2) clear weeks notice for education programs.
III. A full refund of fees will be made; however, clients may elect to transfer their registration without additional cost where a training course or education program is rescheduled and the new dates are convenient to the client.

2. Training Courses – Quality, Environment, Risk, OH&S and IMS.

a. These terms of business apply to the training courses for Quality, Environment, Risk, OH&S and IMS that you engage us to provide.

I. Scope – We will perform the services described in our confirmation letter with reasonable skill and care.
II. Services for your benefit – Our services are provided solely for your use and benefit.
III. Training materials – You are permitted to use the training materials for the purpose of attending the training course. Except as permitted under this agreement, or with our prior written consent, you may not:

a) show or provide a copy of the training materials to any third party or include or refer to our name or logo in a public document
b) make any public statement about us or the services
c) alter or modify the whole or any part of the training materials nor permit the training materials or any part of them to be combined with, or become incorporated into, any other materials.

IV. No liability to third parties – We accept no liability or responsibility to any third party in connection with our services.

b. Your Responsibilities

Generally – You agree to:

I. provide us promptly with all information we reasonably require to perform the services and you are responsible for the completeness and accuracy of information supplied to us, we will rely on this information to perform the services and will not verify it in any way.
II. provide adequate and safe facilities for us when we work at your premises.
III. Training course delegates – You must ensure that each delegate who attends a training course on your behalf complies with the obligations set out in this agreement (other than in relation to the payment of our fees) as if that delegate were named as the client in our confirmation letter.

c. Intellectual Property Rights

Nothing in this agreement affects the ownership of existing and future intellectual property rights in the training materials or any other materials used by us for the purpose of conducting the training course.

d. Fees, Expenses and Costs

I. Payment for services – You agree to pay us fees for our services on the basis set out in our confirmation letter and invoice.

II. GST – Our fees, expenses and charges exclude GST (unless stated otherwise). If a supply to you under this agreement is a taxable supply under A New Tax System (Goods and Services Tax) Act 1999, you agree to pay us an amount equal to the GST we are required to pay on the taxable supply.

III. Invoices and payment – We will invoice you at the same time that we send you our confirmation letter and you agree to pay the invoiced amount within the period specified in our confirmation letter.

e. Confidentiality and Privacy

I. Confidential information – We each agree not to disclose each other’s confidential information, except for disclosures required by law or confidential disclosures under our respective policies.

II. Referring to you and the services – We may wish to refer to you and the nature of the services we have performed for you when marketing our services. You agree that we may do so, provided we do not disclose your confidential information.

III. Privacy – The AOQ Ltd in its operations and provisions complies in all ways with the Privacy Act 1988 (Cth).

Student’s confidential information of address, email and phone numbers will remain confidential and will not be revealed to any person other than the student without the express permission of the individual concerned. It is the student’s responsibility to ensure that any change to their personal details are forwarded to AOQ QLD Inc.

f. Liability

I. Liability cap where no scheme – Where our liability is not limited by a scheme, you agree our liability for all claims connected directly or indirectly with the services (including claims of negligence) is limited to an amount equal to 10 times the fees payable for the services, up to an overall maximum of $200,000.
II. Consequential loss – To the extent permitted by law, we exclude all liability for loss or corruption of data, of profit, goodwill, business opportunity or anticipated savings or benefits or indirect or consequential loss or damage.

g. Electronic communications

We each agree to take reasonable precautions to protect our own information technology systems, including implementing reasonable procedures to guard against viruses and unauthorised interception, access, use, corruption, loss or delay of electronic communications.

h. Subcontractors (including other firms)

I. Subcontractors – We may use subcontractors, including the Australian firm of PricewaterhouseCoopers, a partnership formed in Australia, and other firms (in Australia or overseas) to perform or assist us to perform the services. Despite this, we remain solely responsible for the services.
II. No claims against other firms – No other firm has any liability to you in connection with the services or this agreement and you agree not to bring and to ensure none of your affiliates brings any claim (including in negligence) against any other firm or its partners or employees in connection with the services or this agreement.
III. Benefit of clause 2.h.II. – Clause 2.h.II. is for the benefit of other firms and their partners and employees (each a beneficiary). You agree each beneficiary may rely on clause 2.h.II. as if they were a party to this agreement. Each beneficiary that provides or assists in providing the services relies on the protections in clause h.II. and we accept the benefit of clause 2.h.II. on their behalf.

I. Transfer of information

We use contractors or suppliers located in Australia and overseas to provide us with services we use in performing services and in our internal functions. Other firms may be involved in our client relationship management and other admin systems and in quality reviews. You consent to information provided to us by you or on your behalf (including personal information and your confidential information) being transferred to those contractors and suppliers and to other firms and our subcontractors, so long as they are bound by confidentiality obligations.

j. Performing services for others

Provided we do not disclose your confidential information, you agree that we may perform services for your competitors or other parties whose interests may conflict with yours.

k. Termination

I. 11.1 By notice – Either of us may terminate this agreement by giving the other at least 14 days notice in writing. This agreement terminates on expiry of that notice.
II. 11.2 Changes affecting independence – Changes to the law or other circumstances beyond our reasonable control may mean that providing the services to you results in us ceasing to be independent of an audit client. If that happens, we may terminate this agreement immediately by giving you notice in writing.
III. 11.3 Fees payable on termination – You agree to pay us our fees payable on termination on the basis set out in our confirmation letter.
IV. 11.4 Clauses applying after termination – The following clauses continue to apply after termination of this agreement: 2.a.ii, 2.a.iii, 2.a.iv., h., I., j, k.iv. , l., m., o., and p.

l. Relationship

We are your independent contractor. You agree that we are not in a partnership, joint venture, fiduciary, employment, agency or other relationship with you. Neither of us has power to bind the other.

m. Force majeure

Neither of us is liable to the other for delay or failure to fulfil obligations (other than an obligation to pay) to the extent that the delay or failure arises due to an unforeseen event beyond their reasonable control which is not otherwise dealt with in this agreement. Each of us agrees to use reasonable endeavours to remove or overcome the effects of the relevant event without delay.

n. Assignment

Neither of us may assign or deal with our rights under this agreement without the other’s prior written consent.

o. Definitions

In this agreement the following words and expressions have the meanings given to them below;
I. 15.1 affiliate – an entity which, directly or indirectly, controls or is controlled by or under common control with you
II. 15.2 our, us or we – the Australian Organisation for Quality Ltd.
III. 15.3 PwC firm – an entity or partnership which carries on business under a name which includes all or part of the name ‘PricewaterhouseCoopers’, or is otherwise within or a correspondent firm of the global network of PricewaterhouseCoopers firms, each of which is a separate and independent legal entity.
IV. 15.4 this agreement – these terms of business and the confirmation letter and invoice to which they are attached.
V. 15.5 training course – the training course identified in our confirmation letter
VI. 15.6 training materials – the training materials for the relevant training course in whatever form (whether oral, written, electronic or visual)
VII. 15.7 you or your – the client identified in our confirmation letter.