Terms of Agreement
Website Terms and Conditions
The Terms and Conditions of WAVES RTO CONSULTANCY's website (ABN 19 625 402 973) are owned and operated by us. These Terms and Conditions also incorporate our Terms of agreement and Privacy Policy, all of which can be found on our Website.
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Please read these conditions carefully, as they apply to all transactions between us and can only be waived or varied in writing signed by us.
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Payment
Payment in full is to be made within fourteen (14) Business Days of the invoice being issued.
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You acknowledge and agree that your payment in full in cleared funds is a condition of this agreement, any breach of which will entitle us to terminate this agreement immediately. If a request for payment is returned or denied by your financial institution or is unpaid by you for any other reason, then you’ll be liable for any associated costs incurred by us, including banking fees and charges. We may also immediately stop delivery of any goods unpaid for unless and until we receive your payment in full.
If you fail to pay us for an order, or if an insolvency event (for example, if you commit an act of bankruptcy or become insolvent) occurs in relation to you, we may suspend delivery of an order, require payment in a particular form or terminate this agreement.
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Please note that prices listed on this website are subject to change and the price agreed by both parties will be the price included on WAVES RTO CONSULTANCY Terms of Agreement Contract.
Payment terms
(i) All payments are to be made via bank transfer.
(ii) Invoices are delivered electronically within two (2) Business Days of signing WAVES RTO CONSULTANCY AGREEMENT.
(iii) Two warning letters will be sent and a final demand notice in one week intervals if you fail to pay within the fourteen (14) Business Day timeframe and an agreement has not been made between both parties following the final demand, a debt collection agency may be contracted as a third party to assist in the collection of the monies owing if the owing amount falls over $1000.
Refunds
WAVES RTO CONSULTANCY generally does not offer refunds or credits on services purchased unless required under Australian consumer law or other relevant consumer protection laws. If you would like to request a refund or credit on the purchase of services, please email the details of your request to admin@wavesrtoconsultancy.com.au.
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You may be entitled to a refund or credit if the service provided does not meet basic rights, known as consumer guarantees. This will be considered through our dispute resolution process.
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You will not be entitled to a refund if:
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you change your mind
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the problem with the services was caused by you misunderstanding or ignoring advice provided
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you ask for a service to be done in a certain way against the advice of the business
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the problem with a service was caused by the actions of someone other than the business.
Dispute resolution
The parties agree not to commence any legal proceedings in respect to any dispute arising under this Agreement, which has not been resolved by informal discussion, until the procedure provided by this clause has been followed.
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Procedure
The parties agree that any dispute arising during the course of this Agreement will be dealt with as follows:
(a) the party claiming the dispute will send the other party a written notice (Notice of Dispute) setting out the nature of the dispute, and the parties will try to resolve the dispute through direct negotiation by persons who they have given authority to resolve the dispute.
(b) the parties have ten (10) Business Days from the receipt of the Notice of Dispute to reach a resolution or to agree that the dispute is to be submitted to mediation or some alternative dispute resolution procedure.
Intellectual Property Rights
Any Intellectual Property rights and title to, or in relation to, the contract material developed by WAVES RTO CONSULTANCY will vest upon creation to WAVES RTO CONSULTANCY.
Confidential Information
Each party must ensure that Confidential Information belonging to the other party is kept confidential and is not used or disclosed to any person for any purpose except when:
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disclosure is needed for the performance of the Agreement;
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the other party consents under mutually agreeable terms; or
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disclosure is made to an advisor of the party under a professional relationship that is governed by an obligation of confidence.
Each party must:
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immediately notify the other party if it becomes aware of any breach of this clause 4;
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immediately notify the other party if it is required to disclose Confidential Information under any law;
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subject to the dispute resolution policy listed above, upon receiving a request from the disclosing party (either during the term of this Agreement or upon its earlier termination or expiry) deliver or destroy all documents or files in its possession or control which contain Confidential Information.
Retention of Confidential information
Retention of Confidential Information Subject to obtaining prior written approval from the disclosing party, a party may retain copies of Confidential Information required to be retained by law, and one copy of that party’s records for at least a period of two years from the commencement end date of this agreement.
Work Health and Safety
The RTO acknowledges that it has a duty of care as a person conducting a business or undertaking under the WH&S Act to ensure the health and safety of itself (if an individual) and that of the person representing WAVES RTO CONSULTANCY whilst provided services at your premises.
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Unforeseen Circumstances
Sometimes circumstances beyond our control (extreme weather events, computer malfunctions, failure of service providers to perform services or injury or illness of key personnel) can hinder the provision of services. If circumstances that are outside of our control affect our ability to provide the agreed services, you release us from any obligation to provide the agreed to services while those circumstances continue. If any said circumstances occur, we will contact you as soon as possible to discuss a solution. The agreed to services may be rescheduled or terminated.
Advice and recommendations
We may give you advice, recommendations, information or assistance in relation to compliance with the Standards for Registered Training Organisations 2015 and the National Code of Practice for Providers of Education and Training to Overseas Students 2018. This information is provided to you in good faith, believing it’s accurate, appropriate and reliable at the time. Some advice provided may be general in nature and is not intended to constitute or substitute industry expert or medical advice. You should seek appropriate industry expertise or medical advice if necessary. We won’t accept any liability or responsibility (including liability for negligence) for any loss suffered because of your or any other person’s reliance on information or advice we provide, unless otherwise required by law.
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All information provided on our website is to be read and understood before any terms of agreement is executed.
Termination
WAVES RTO CONSULTANCY may terminate this agreement at any time on notice to you. All disclaimers and limitations of liability will survive termination. On giving such notice, we’ll refund any amounts paid by you in respect of undelivered goods.