Standard Booking Terms & Conditions – (Last updated 17/10/2019 )
1.Any and all training content and materials (including any new packages designed and paid for by the organisation booking service) shall remain the intellectual property of Rod Catterall & Associates Pty Ltd (“RCA”) and as such, the Client acknowledges that it has no proprietary right or interest in any intellectual property created or owned by RCA in regard to the provision of services relating to the creation of a program by RCA as well as the training. The Client shall indemnify RCA against all and any loss or damage arising from or in connection with any action for infringement of intellectual property rights.
2. RCA hereby grants to the Client a limited, non-exclusive, non-transferrable licence to use RCA’s intellectual property relating to the services provided to the Client and the Client must not in any way assign, transfer, modify or alter RCA’s intellectual property in an unauthorized manner or for an unauthorized purpose.
3. All training certificates provided by RCA to the Client in relation to the services provided by RCA are valid for a period of 12 months from the date upon which the services are provided.
4. Quotations are valid for a period of 60 days from date of quotation and thereafter, all quotations are subject to change, provided that in the event that the Client enters into a 12 months service agreement with RCA, then in that event the quotation, if accepted within the said 60 day period shall be firm for the 12 month term.
5. All fees for both the program and the training (“the Services”) are payable in advance by direct debit to RCA’s nominated bank account and in the event that any such fees are not paid in advance, RCA reserves the right to withdraw the Services.
6. RCA reserves the right to provide both the program and the training to the Client or alternatively the program and training to the trainers of the Client.
7. In the event that the Client cancels the training aspect of the Services more than 21 days prior to the date upon which the training was to commence then in that event RCA shall be entitled to charge 50% of the training charge. In the event that the Client cancels the training aspect of the Services within 21 days prior to the date upon which the training was to commence then in that event RCA shall be entitled to charge the full amount of the training as invoiced to the Client.
8. RCA’s fees for the Services are exclusive of travel cost for travel outside the Melbourne metropolitan area unless otherwise specified on the invoice.
9. In the event that the Client requires any changes to the program, such changes shall be conveyed to RCA in writing and shall be subject to RCA’s consent and subject to any changes to the fees charged by RCA to the Client as a consequence of any such changes.
10. RCA respects the rights of first peoples and their protocols of country and will follow all advice from traditional owners and elders while providing training on country i.e. sorry business. In doing so, RCA reserves the right to take photos or videos during the training for marketing purposes provided that all photos and videos shall be d-de-identified on request.
11. The Client shall provide facilities for training unless otherwise agreed upon. Such facilities shall incorporate the following:
(a) The venue shall be large enough for 20 participants to be able to stand in a circle and swing their arms and not touch one another.
(b) Chairs are to be set up in a U shape with only 1 table for a laptop. A whiteboard, data projector for a power point presentation must be made available by the Client.
(c) An interpreter shall be required for all disability cultural awareness training numbers over 15 and the engagement of an interpreter will incur additional charges to be borne by the Client.
12. Participants for the training services are required to wear flat soled shoes, pants in preference to dresses, tops that do not open when grabbed and with all participants wearing no jewellery. RCA reserves the right to oblige a participant to leave the training room if that participant does not have appropriate clothing and footwear.
13. Training services will be delivered on a ratio of 15 participants and 2 trainers for cultural awareness training, 20 participants and 1 trainer for any physical response type training or up to 15 participants for any positive behaviour support training. Additional numbers will incur additional charges and any such additional charges shall be advised by RCA to the Client upon receipt of participant numbers prior to the commencement of training.
14. Any injuries, illness or special needs must be brought to the attention of the trainer before training commences.
15. The Client and its participants, employees, servants, agents and invitees hereby indemnify RCA and all RCA’s servants, agents, employees and other persons under RCA’s control from all liability arising from injury or damage to person or property however caused, arising out of or in connection with the program and/or the training. The Client and its participants acknowledge that they have been advised of and understand that the practice of any physical techniques demonstrated during the training is potentially dangerous and they hereby jointly and severally indemnify RCA, their servants, agents, employees and other persons under RCA’s control in relation thereto.
16. RCA states that all content in relation to the Services is current at the time of provision of the Services and the Client acknowledges that the Services provided are non-accredited unless otherwise stated.
17. Following the training, the Client can request a training review and such review shall be at an additional charge to the Client.
18. The Client acknowledges that any and all dates for delivery of the Services by RCA is intended as an estimated date only and is not a contractual commitment. RCA shall use its reasonable endeavours to meet any estimated dates for delivery of the Services but RCA shall not accept any liability whatsoever for any such delays from any cause whatsoever.
19. RCA shall not be liable for any indirect or consequential loss or expense suffered by the Client or any third party, howsoever caused.
20. RCA may withdraw any credit facility granted to the Client without being required to provide a reason for same and RCA reserves the right to charge interest at the rate of 2% higher than the rate charged by Westpac for overdrafts in excess of $100,000.00 on any amounts due but unpaid to RCA. In the event that any account is in dispute, the undisputed portion of the account shall be payable in accordance with the normal terms of payment and the disputed portion may be withheld provided that the matter is brought to RCA’s attention within 7 days of the invoice date.
21. Where the Client is a company, not for profit or RTO’s registered training organisation, the person acknowledging these Terms and Conditions warrants that he or she is a director or proper officer of the Client and is authorised to commit the Client to the Terms and Conditions contained herein. The person acknowledging these Terms and Conditions on behalf of the Client guarantees to RCA payment by the Client of all monies due to it by the Client.
22. The Client agrees that it will not disclose any confidential information to any other person firm or corporation or use any knowledge or information obtained by it from RCA during the provision of the Services or thereafter which is of a secret or confidential nature and the Client hereby indemnifies RCA in relation thereto.
23. These Terms and Conditions contain the entire agreement between RCA and the Client and no variation shall be binding unless any such variation is in writing and duly signed by an authorised representative of both RCA and the Client.
DATED the day of 20 .
signed by the Client by its duly authorised representative
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