Terms and Conditons

1. TERMS AND CONDITIONS

These terms and conditions govern your use of our services of RPL Certified Australia. By using our services, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our services.

2. DEFINITIONS
3. 1.  “RPL Certified Australia Pty Ltd” is registered with ABN No. 88643517248.
4. 2.  “Client” The person or persons, who request, arrange and pay for the

private consultancy. This is assumed to be the person who makes initial contact with RPL Certified Australia for the purposes of sourcing a consulting service.

2.3. “Student” This is the person receiving services from a RPL Certified Australia Consultant.

2.4. “Consultant” This is the person providing services, who is represented by RPL Certified Australia.

The consultant is the recipient of the service fee.

2.5. “Consultant” is any professional introduced to the Client by RPL Certified Australia, who will provide professional consultation on any area of education as required by the Client.

2.6. “Consultancy” is the provision of lessons to the Students, charged at an hourly rate and billed through RPL Certified Australia.

2.7. “Consultancy” is the provision of education advice or consultation, charged at an hourly rate and billed through RPL Certified Australia as an agent for the Consultant.

2.8. “Service” is the list of offers and type of consultation that will be provided by RPL Certified Australia. (Education Consultation and other associated services).

3. CLIENTS

3.1. Fees and Payment

The billing process will be under the control of RPL Certified Australia who shall send an invoice to the Client upon providing and completion of the consultancy

services. Payments must be made to RPL Certified Australia within 14 days of the date of the invoice.

The fees for consultancy will be agreed in advance by the Client and RPL Certified Australia. RPL Certified Australia reserves the right to change our rates at any time, provided RPL Certified Australia gives the Client prior written notice of any changes. Payments must be made directly to RPL Certified Australia.

Once the Consultant has been placed with a Client and the Client is happy to go ahead with that Consultant for the duration of the placement, a one-off placement fee of $150.00 will be charged to the Client upon completion on initial consultation including any other service fees included as part of the invoice.

3.2. Non-solicitation

The Client or Student is not permitted to make private arrangements for consultancy with any Consultant introduced by RPL Certified Australia. Should a Client or Student breach this obligation, they will be liable to account to RPL Certified Australia for all sums paid to the Consultant without deduction and RPL Certified Australia shall be entitled to obtain an injunction against a Client to prevent further breaches. This obligation shall continue notwithstanding termination of this agreement.

3.3. Expenses

All expenses for the Consultant will be covered in your agreed fee with RPL Certified Australia.

3.4. Liability

RPL Certified Australia accepts no liability for any claims by the Client arising out of or related to the carrying out of the consultancy by a Consultant introduced by RPL Certified Australia.

Any report provided as part of consultation services is for advisory purposes only and should not be relied upon. Reports will be a true and accurate view of the subject matter as at the date of issue of the report only.

3.5. Cancellation Policy

It is the responsibility of the Client to notify the Consultant in advance of any changes to the consultancy timetable that may arise, including but not limited to holiday, illness, and adverse weather conditions that prevent access. If the Client cancels a Consultant session by giving less than 24 hours’ notice, unless there are mitigating circumstances, the fee for the

session remains payable in full and the Client shall be invoiced in accordance with the above payment terms.

3.6. Termination of Consultancy

The Client canterminate consultancy with a Consultant with 48 hours’ notice. A Consultant can terminate consultancy with a Client with 2 weeks’ notice. This period is in place to allow RPL Certified Australia to find a replacement consultant, if required. RPL Certified Australia has the right to waive the 2 week notice period if it is felt that this would be in the best interest of both the Consultant and the Client.

4.CONSULTANTS

The following arrangements are understood and agreed by both parties:

4.1. General

Once a consultant position has been confirmed, you are entering into a contract between you (the Consultant) and the Client. RPL Certified Australia acts as agent on behalf of the Consultant and the Client and is only responsible for sourcing Clients and appropriate Consultants for the specific subject, and is not responsible for the content of consultancy sessions and the teaching methods.

4.2. Consultation

1. i) RPL Certified Australia is not obliged to offer opportunities to any given consultant; consultant opportunities are subject to demand and there is no guarantee that they will be offered. The Consultant is not obliged to accept any given consultant opportunity. If the Consultant accepts an opportunity, they are automatically agreeing to these terms and conditions.
2. ii) When a Consultant accepts a opportunity, RPL Certified Australia will give that consultant the contact details of the Client. The Client will also be given the contact details of the consultant. The Consultant should then make contact with the Client as soon as possible to discuss their requirements and, if appropriate, arrange the first session. The Consultant should then call or email RPL Certified Australia to confirm that they have contacted the Client and inform us of any arrangements that have been made.

iii) Consultants are expected to provide a high standard of consultancy, meeting the requirements of the Client, Student and RPL Certified Australia. Consultants are expected to be fully prepared for every session, be punctual and well- presented, and to respect the ethos and values of RPL Certified Australia at all times.

1. iv) Consultants are expected to regularly access their email and phone, and to respond to offers of opportunities and other communications, both from Clients and from RPL Certified Australia.
2. v) Consultants are expected to keep RPL Certified Australia informed of changes to their consultancy preferences, availability, or contact details.

4.3. Private Arrangements

The Consultant is not permitted to make any private arrangement for consultancy with any Client or student introduced by RPL Certified Australia. Should you breach this obligation, you will be liable to account to RPL Certified Australia for all sums received by you from the Client/new Client without deduction and RPL Certified Australia shall be entitled to obtain an injunction against you to prevent further breaches. This obligation shall continue notwithstanding termination of this Agreement.

Any work referred to a Consultant by a Client of RPL Certified Australia must be logged on to the CRM and billed through RPL Certified Australia on your behalf.

4.4. Interview procedure and certificate

All Consultants must have an interview carried out by RPL Certified Australia. Consultants may be required to submit a full CV, photo ID, references and evidence of qualifications. Consultants must provide a copy of a valid certificate, before RPL Certified Australia will introduce you to potential clients or consulting opportunities.

4.5. Consultant Profiles

Consultants must keep their profiles up to date using CRM. RPL Certified Australia allocates jobs to Consultants according to uploaded profile details, so it is imperative that you keep these current and accurate.

4.6. Environment

You and the Client are responsible for finding and agreeing on a suitable environment or RPL Certified Australia Office in which consultancy can take place.

4.7. Payment

1. i) RPL Certified Australia will agree the fee structure with the Client and this must not be changed without written authority of RPL Certified Australia. RPL Certified Australia will invoice clients on behalf of the consultant.
2. ii) RPL Certified Australia will invoice Clients fortnightly based on the information provided by Consultants on CRM. If you are late entering information or there is incorrect information recorded, payment may be delayed. Payments will only be made to Consultants once the invoices have been paid by the Client upon providing the services offerings.

iii) The consultant will not accept any payment direct from the Client. Should you do this, you will be removed from the list of approved Consultants for RPL Certified Australia and no longer referred to Clients under this agreement. All sums received by you directly will be immediately payable to RPL Certified Australia and shall be actionable through the Courts without further notice to you.

1. iv) The Consultant is responsible for declaring their income for tax purposes and for their own superannuation. You further agree to indemnify RPL Certified Australia in respect of all and any income tax and super contributions which may be found due from RPL Certified Australia on any payments made to you under this agreement together with any interest, penalties or gross-up thereon. For the purposes of record keeping, you will account for the full fees due from the Client as income and the commission as expenditure.

4.8. Expenses

All expenses, including materials and travel, must be agreed with RPL Certified Australia prior to the commencement of consultancy. Any expenses incurred by you without prior agreement with RPL Certified Australia will not be reimbursed to you.

4.9. Cancellation policy

It is the responsibility of the Consultant to notify the Client in advance of any changes to the consultancy timetable that may arise as a result of (including but not limited to) holiday, illness, adverse weather conditions that prevent travel.

The Client may cancel a session with 24 hours’ notice. If the Client cancels a lesson with less than 24 hours’ notice, the Consultant may charge for the first hour of the cancelled session. In this case, the Consultant should record the hour on CRM with a note to say that the lesson was cancelled.

The Consultant has the right to forgo payment for a lesson cancelled with less than 24 hours’ notice, if the Consultant believes there is a justifiable reason for the late cancellation and wishes to maintain a good relationship with the Client.

4.10. Damages

RPL Certified Australia accepts no liability for any claims by the Client arising out of or related to the carrying out of the consultancy by the consultant and agree to indemnify RPL Certified Australia without limit in respect of any such claims.

4.11. Confidentiality

Consultant undertake that they shall not at any time during this agreement, and for a period of five years after termination of this agreement, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of RPL Certified Australia, except that you may disclose RPL Certified Australia’s confidential information as may be required by law, court order or any governmental or regulatory authority. Consultant shall not use RPL Certified Australia’s confidential information for any purpose other than to perform your obligations under this agreement.

4.12. Data Protection Act

RPL Certified Australia uses Consultant data for the purposes of the services that it provides, in accordance with the Data Protection Act. Consultant information will be stored solely for the purposes of offering consultancy services to Clients and to enable us to verify information and make all necessary checks, enquiries about a Consultant, and for billing payment.

5. GENERAL

RPL Certified Australia reserves the right to alter these terms and conditions. RPL Certified Australia will, however, notify the consultant or client in writing of any changes. Unless otherwise agreed in writing by a Director of RPL Certified Australia, these Terms and Conditions shall prevail over any other terms of business or conditions put forward by you. No variation or alteration of these Terms and Conditions shall be valid unless approved in writing by a Director of RPL Certified Australia.

These terms and conditions the Agreement between us for the supply of Consultancy services and Education Consultancy to the client and are deemed to be accepted by Consultants by virtue of signing these Terms and Conditions, or accepting a consultancy placement.

This Agreement and (any documents referred to in it) constitutes the entire agreement between the parties and supersedes and extinguishes all previous drafts, arrangements, understandings or agreements between them, whether written or oral, relating to the subject matter of this Agreement.

If any provision of this Agreement is, or becomes, to any extent illegal, invalid or unenforceable, then it is the intention of the parties that this Agreement shall be deemed amended in a reasonable manner to the extent necessary to render it enforceable without losing its intent, or at the discretion of the parties or the determination of the Court, such provisions shall, to the extent of the unenforceability, be deemed not to form part of the Agreement. In either case, such provisions will not affect the legality, validity or enforceability of any other provision of this Agreement, which shall continue in full force and effect.

This Agreement may be executed and delivered in any number of counterparts, each of which is an original and which, together, have the same effect as if each party had signed the same document.

Each party acknowledges that, in entering into this Agreement and the documents referred to in it, it does not rely on, and shall have no remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in this Agreement or those documents. Each party agrees that its only liability in respect of those representations and warranties that is set out in this Agreement or those documents (whether made innocently or negligently) shall be for breach of contract. Nothing in this Clause shall limit or exclude any liability for fraud.

This agreement and any dispute, claim, payment or obligation (whether contractual or non-contractual) arising out of or in connection with it, its subject matter or formation shall be governed by Australian Law and the parties hereby submit to the exclusive jurisdiction of the Courts of Victoria, Australia for the purposes of resolving any such matters.

RPL Certified Australia Pty Ltd (ABN No. 88643517248) is a consulting firm and does not provide any legal, education, migration and business advice or opinions. If you require any legal, education, migration, business or other advice; RPL Certified Australia will direct the client to one of our qualified legal, education, migration or business advisors for any necessary assistance or advice. RPL Certified Australia is associated with a number of qualified education (QEAC N107) as part of the quality service offering to the clients based on their education or migration services requirements.

In any case, if any parties have any questions, or in the case of disputes regarding the terms and conditions at RPL Certified Australia, need to notify at info@rplcertified.com.au.