Prime Learning

 

1. Definitions

1.1 "RTO" shall mean Prime Learning Pty Ltd or Australian College of Training and Employment, its successors and assigns or any person acting on behalf of and with the authority of Prime Learning Pty Ltd and ACTE

1.2 "Student" shall mean the individual currently enrolled or applying for enrolment with RTO.

1.3 "Employer" shall mean the parent, legal guardian, person, or entity (business) that agrees herein to be liable for the debts of the Student on a principal debtor basis, and is the person responsible for payment of the Fee. Where more than one Employer has entered into this agreement, the Employer's shall be jointly and severally liable for all payments of the Fee.

1.4 "Course" shall mean any Course provided by RTO to the Student (and where the context so permits shall include any supply of Course Materials as hereinafter defined), as described on the invoices, applications, enrolment forms or any other forms as provided by RTO to the Student, and shall include any training, advice or recommendations.

1.5 "Course Materials" shall mean all Course Materials supplied by RTO to the Student and includes any training (and where the context so permits shall include any provision of the Course as defined above).

1.6 "Fees" shall mean the Fees payable for the Course as agreed between RTO and the Employer in accordance with clause 8 of this contract.

2. The Commonwealth Trade Practices Act 1974 ("TPA") and Fair Trading Acts ("FTA")

2.1 Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the TPA or the FTA in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.

2.2 Liability of RTO arising out of any alleged defect, shortage in quantity, error or omission, or failure to comply with the description or quote, whether implied into these terms and conditions or by the Trade Practices Act 1974 or howsoever arising, is limited to any of the following as determined by RTO:

(a) the supplying of the Course again; or

(b) where the Student is a consumer as defined in the Trade Practices Act 1974, then the Student shall also be entitled to a refund of the applicable Fees.

3. Acceptance

3.1 RTO will require a guardianship arrangement where the Student is less than eighteen (18) years of age. A guardian should be living and/or has constant communication with the Student. Any information regarding the Student (including, but not limited to, change of address) should be known by the guardian and should be relayed to RTO.

3.2 Any instructions received by RTO from the Student relating to the Course and/or the Student's acceptance of the Course provided by RTO shall constitute acceptance of the terms and conditions contained herein.

3.3 Upon acceptance of these terms and conditions by the Student the terms and conditions are binding and can only be amended with the written consent of RTO.

4.

Traineeships

4.1 Traineeship Courses are strictly for Students employed on a permanent basis, and must be relevant to the Student's current job role.

4.2 Traineeships can be completed on a full or part-time basis, but at least fifteen (15) hours per week.

4.3 The Student must have adequate supervision by a person in the business that is either qualified in the field, or able to perform duties of the role.

4.4 Traineeships require time within normal work hours to complete some of the training, and it shall be the responsibility of the Student to ensure the business is able and willing, to allocate this time.

4.5 Traineeship Students must document time spent performing training-related activities or study.

5. Student Acknowledgement

5.1 The Student acknowledges that:

(a) all enrolment details will be provided by the Student, as requested, and returned to RTO prior to Course commencement; and

(b) all attendance and assessment requirements must be completed in order for the Student to be eligible for issuance of relevant awards and qualifications; and

(c) full payment for Course Fees must be paid to confirm enrolment in any course of study. Alternatively, all payment plans must be discussed with a RTO Course Advisor and approved by RTO's Manager; and

(d) Course Fees are non-refundable once the Course is confirmed and Course Materials have been dispatched; and

(e) Course Fees for accredited training at RTO are GST exempt; and

(f) RTO shall not be liable for changes in personal circumstances that prevent the Student from attending / completing the Course; and

(g) All requests for the refund of Fees must be made in writing directly to the Manager of RTO; and

(h) In the event that a Course involving face to face workshops is cancelled by RTO, the Student will be given the option to transfer to an alternative Course or receive a full refund of Fees within fourteen (14) days; and

(i) All refunds will be paid by RTO cheque or direct bank deposit to the original payee or Employer (if applicable); and

(j) RTO shall not be held liable to any person or business for loss or damage suffered due to any unauthorized actions on the part of RTO's employees or partners.

6. Personal and Contact Details

6.1 The Student shall be obligated to notify RTO of any change in the Student's name and/or any other change in the Student's details (including but not limited to, changes in the Student's address, telephone number, email address or facsimile number) as soon as practicable. The Student shall be liable for any loss incurred by RTO as a result of the Student's failure to comply with this clause.

7. Recognition of Prior Learning (RPL) and National Recognition

7.1 RPL is available on the provision of verification by the Student to RTO prior to the commencement of the Course. The Student may ask for RPL if they believe that they already have the skills and knowledge that will be taught and assessed in a subject. The Student must complete an application form and must attach copies of any supporting documentation. The Student must allow seven to fourteen (7-14) days for processing of the application. The RPL charges will vary, according to the Course being undertaken and how many units are being applied for.

7.2 RTO will recognise any AQF qualification granted by another Australian Registered Training Organisation free of charge. If the Student wishes to apply for exemption for competencies grained at another RTO (cross credit transfer), the Student will need to provide a certified copy of the award upon enrolment.

8. Fee and Payment

8.1 At RTO's sole discretion the Fee shall be either:

(a) as indicated on invoices provided by RTO to the Employer in respect of the Course; or

(b) RTO's current Fee as at the date of enrolment according to RTO's registration pack.

8.2 RTO reserves the right to vary the Fee at any time. All Courses and timetables are subject to change without prior notice.

(a) Fees for Traineeship Students:

(i) shall be made in accordance with the attached Direct Debit Form (section two).

8.3 Time for payment shall be of the essence and will be stated on the invoice or any other forms. If no time is stated then payment shall be due thirty (30) days following the date of the invoice.

8.4 Payment will be made by Direct Debit (as per the attached section two form), or by any other method as agreed to between the Employer and RTO.

8.5 Upon completion or the twelve (12) month anniversary (whichever comes earliest) of the course, all outstanding Fees and payments shall become due and payable.

8.6 RTO will not be liable for misinformation from student - non-disclosure does not invalidate this contract.

9. Cancellation and Refund Policy

9.1 RTO may cancel any contract to which these terms and conditions apply, or cancel the Course at any time before the Course has commenced, by giving notice to the Student via phone or email. On giving such notice RTO shall either repay to the Student any sums paid in respect of the Fee or transfer the balance to another Course. RTO will not authorise the transfer of Fees to any other institution or student. RTO shall not be liable for any loss by the Student howsoever arising out of such cancellation.

9.2 No refund will be paid to the Employer where the Course has commenced and Course Materials dispatched. For exceptional circumstances, the Employer may apply in writing to the Manager of RTO.

9.3 Any withdrawal from a Fee for service traineeship Course prior to its completion shall forfeit the deposit paid by the Student (plus any additional expenses that may have been incurred by RTO), but payment shall not be required for the entire Course. The cancellation fees applicable for Traineeship Students are specified below:

Cooling off period - 7 days from signing of this contract No Fees payable

Less than 91 days $550.00 Admin Fee + $75.00 for every hour of Training Delivered

Over 91 days $1500.00

Over 180 days Balance of fees pro rata from month cancellation occurred

9.4 Any withdrawal from a course prior to its completion has the following cancellation costs, payable to the Registered Training Organisation (RTO):

• Any withdrawal from a face to face workshop course (provided notice is given to RTO at least fourteen (14) days prior to the commencement of the course) shall entitle the student to a refund of the fees paid to RTO.
• Any withdrawal from a face to face workshop by the student outside the required notice timeframe, shall incur an administration fee of one hundred and fifty dollars ($150.00)
• Cancellation of the face to face workshop within seven (7) days shall incur an administration fee of four hundred and fifty dollars ($450.00)
• No refund will be paid o the student where the course has commenced and course materials have been dispatched. For exceptional circumstances, the student may apply in writing to the Manager of RT

10. Delivery of the Course

10.1 The failure of RTO to deliver any part of the Course shall not entitle either party to treat this contract as repudiated.

10.2 RTO shall not be liable for any loss or damage whatsoever due to failure by RTO to deliver the Course (or any part of them) promptly or at all where due to circumstances beyond the control of RTO.

11. Course Commitment

11.1 Where the Student is studying as part of a distance learning program, they are required to maintain regular contact for support and progress assessment.

12. Assessments

12.1 The Student will be given feedback on submitted assessments, but no assessment will be copied and returned to the Student, and it shall be the responsibility of the Student to keep a record of submitted assessments. In the event the Student does not agree with any assessment, an appeal can be made as per clause 14.1, provided the appeal has been lodged within seven (7) days of the Students receipt of assessment feedback.

13. Disciplinary Procedures

13.1 If the Student is found to be cheating (collusion or plagiarism), harassing other students or staff, or breaking the law in any other way, they will face disciplinary action. This may involve the expulsion of the Student from the Course immediately, without refund of Fees, and in some cases may involve a report to the Police.

14. Complaints and Grievance Procedure

14.1 RTO is committed to the early resolution of complaints and grievances. In the event the Student wishes to complain, they may do so by contacting RTO Client Liaison Officer, who will try to solve the issue with the Student, ensure the complaint is actioned appropriately and timely feedback is provided. In the event the Student does not agree with the result of the complaint, they shall be entitled to an external resolution process where an independent person (someone who is acceptable to both RTO and the Student) will decide on the outcome of the complaint.

14.2 All formal complaints must be made in writing.

15. Title

15.1 RTO and the Student agree that ownership of the Course Materials shall not pass until:

(a) the Employer has paid RTO all amounts owing for the particular Course Materials; and

(b) the Student/Employer has met all other obligations due by the Student/Employer to RTO in respect of all contracts between RTO and the Student/Employer.

15.2 It is further agreed that:

(a) until such time as ownership of the Course Materials shall pass from RTO to the Student, RTO may give notice in writing to the Student to return the Course Materials or any of them to RTO. Upon such notice the rights of the Student to obtain ownership or any other interest in the Course Materials shall cease.

(b) if the Student fails to return the Course Materials to RTO, then RTO (or RTO's agent) may enter upon and into land and premises owned, occupied or used by the Student, or any premises as the invitee of the Student, where the Course Materials are situated and take possession of the Course Materials.

15.3 Receipt by RTO of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised. Until then RTO's rights in respect of this agreement or regarding the ownership of Course Materials shall continue.

15.4 Copyright in the Course Materials shall remain vested in RTO, and are only to be used by the Student for the purpose of completing the Course. Other than as allowed under the Copyright Act 1968, and the conditions therein, the Student agrees that they shall not in any way sell, reproduce, adapt, distribute, transmit, publish or create derivative works from any part of the Course Materials.

16. Default and Consequences of Default

16.1

Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at RTO's sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.

16.2 In the event that the Student's payment is dishonoured for any reason the Student shall be liable for any dishonour fees incurred by RTO.

16.3 If the Student defaults in payment of any invoice when due, the Student shall indemnify RTO from and against all costs and disbursements incurred by RTO in pursuing the debt including legal costs of a solicitor and RTO's collection agency costs.

16.4 Without prejudice to any other remedies RTO may have, if at any time the Student is in breach of any obligation (including those relating to payment); RTO may suspend or terminate the enrolment of the Student and any of its other obligations under the terms and conditions. RTO will not be liable to the Student for any loss or damage the Student suffers because RTO has exercised its rights under this clause.

16.5 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.

16.6 Without prejudice to RTO's other remedies at law RTO shall be entitled to cancel or suspend all or any part of any order of the Student which remains unfulfilled and all amounts owing to RTO shall, whether or not due for payment, become immediately payable in the event that:

(a) any money payable to RTO becomes overdue, or in RTO's opinion the Student will be unable to meet its payments as they fall due; or

(b) the Student becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or

(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Student or any asset of the Student .

17. Security and Charge

17.1 Despite anything to the contrary contained herein or any other rights which RTO may have howsoever:

(a) where the Student and/or the Employer (if any) is the owner of land, realty or any other asset capable of being charged, both the Student and/or the Employer agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to RTO or RTO's nominee to secure all amounts and other monetary obligations payable under these terms and conditions. The Student and/or the Employer acknowledge and agree that RTO (or RTO's nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be withdrawn once all payments and other monetary obligations payable hereunder have been met.

(b) should RTO elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Student and/or Employer shall indemnify RTO from and against all RTO's costs and disbursements including legal costs on a solicitor and own client basis.

(c) the Student and/or the Employer (if any) agree to irrevocably nominate constitute and appoint RTO or RTO's nominee as the Student's and/or Employer's true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause 17.1.

18. Privacy Act 1988

18.1 The Student and/or the Employer/s (herein referred to as the Student) agree for RTO to obtain from a credit reporting agency a credit report containing personal credit information about the Student in relation to credit provided by RTO.

18.2 The Student agrees that RTO may exchange information about the Student with those credit providers either named as trade referees by the Student or named in a consumer credit report issued by a credit reporting agency for the following purposes:

(a) to assess an application by the Student; and/or

(b) to notify other credit providers of a default by the Student; and/or

(c) to exchange information with other credit providers as to the status of this credit account, where the Student is in default with other credit providers; and/or

(d) to assess the creditworthiness of the Student.

The Student understands that the information exchanged can include anything about the Student's creditworthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988.

18.3 The Student consents to RTO being given a consumer credit report to collect overdue payment on commercial credit (Section 18K (1) (h) Privacy Act 1988).

18.4 The Student agrees that personal credit information provided may be used and retained by RTO for the following purposes (and for other purposes as shall be agreed between the Student and RTO or required by law from time to time):

(a) the provision of the Course; and/or

(b) the marketing of the Course by RTO, its agents or distributors; and/or

(c) analysing, verifying and/or checking the Student's credit, payment and/or status in relation to the provision of the Course; and/or

(d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Student; and/or

(e) Enabling the daily operation of Student's account and/or the collection of amounts outstanding in the Student's account in relation to the Course.

18.5 RTO may give information about the Student to a credit reporting agency for the following purposes:

(a) to obtain a consumer credit report about the Student;

(b) allow the credit reporting agency to create or maintain a credit information file containing information about the Student.

18.6 The information given to the credit reporting agency may include:

(a) personal particulars (the Student's name, sex, address, previous addresses, date of birth, name of employer and driver's license number;

(b) details concerning the Student's application for credit or commercial credit and the amount requested;

(c)

advice that RTO is a current credit provider to the Student;

(d) advice of any overdue accounts, loan repayments, and/or any outstanding monies owing which are overdue by more than sixty (60) days, and for which debt collection action has been started;

(e) that the Student's overdue accounts, loan repayments and/or any outstanding monies are no longer overdue in respect of any default that has been listed;

(f) information that, in the opinion of RTO, the Student has committed a serious credit infringement (that is, fraudulently or shown an intention not to comply with the Students credit obligations);

(g) advice that cheques drawn by the Student for one hundred dollars ($100) or more, have been dishonored more than once;

(h) That credit provided to the Student by RTO has been paid or otherwise discharged.

18.7 The Student acknowledges, that under AQTF guidelines, data will be submitted to all stakeholders included under any traineeship Course.

19. General

19.1 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

19.2 These terms and conditions and any contract to which they apply shall be governed by the laws of Australia and are subject to the jurisdiction of the courts of Brisbane.

19.3 RTO shall be under no liability whatsoever to the Student for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Student arising out of a breach by RTO of these terms and conditions.

19.4 In the event of any breach of this contract by RTO the remedies of the Student shall be limited to damages which under no circumstances shall exceed the Fees of the Course.

19.5 The Student shall not be entitled to set off against, or deduct from the Fees, any sums owed or claimed to be owed to the Student by RTO nor to withhold payment of any invoice because part of that invoice is in dispute.

19.6 RTO may license or sub-contract all or any part of its rights and obligations without the Student's consent.

19.7 RTO reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which RTO notifies the Student of such change.

19.8 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.

19.9 The failure by RTO to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect RTO's right to subsequently enforce that provision

19.10 Subject to authorised SRTO from AAC being received by RTO.