Australian College of Project Management - Terms&Conditions&Privacy

Terms & Conditions

Standard Terms and Conditions

Our standard terms and conditions for corporate clients are set out as follows:

Standard Course Fees and Invoicing

Australian College of Project Management attendees are charged to the client at the course rates specified in this document.
The course rates specified in this document are valid for 90 days from the date of this document.
Public and on-line courses booked by private individuals must be paid for prior to course commencement.
Corporate clients will be invoiced at the commencement of classroom courses.
Corporate clients will be invoiced at the commencement of on-line courses.
The assessment component of each award must be completed within six months of the course completion. In the event a candidate wishes to have an assessment conducted for a course after the assessment expiry date a fee of $900 will apply.

Cancellation Fees

The Australian College of Project Management reserves the right to cancel courses, any fees pre paid will be fully refunded.
Cancellation fees are incurred to cover the costs and commitments of the Australian College of Project Management where the cancellation is given at short notice.
Cancellations by the Client incur the following cancellation fees:

More than 15 days notice given - no cancellation fee.
10-15 business days notice given - 50% of course fee.
Less than 10 business days notice given - 75% of course fee.

Intellectual Property and Copyright Materials

The Intellectual Property is developed and owned by the Australian College of Project Management.
The Client acknowledges that the copyright in all of the following materials (the "Copyright Materials") in relation to the business of Australian College of Project Management which are in existence at the date of this deed, or which may come into existence in the future, is owned by Australian College of Project Management or licensed to Australian College of Project Management.
The Client may not copy or reproduce hard copy courseware materials without approval by the Australian College of Project Management, replacement or lost materials will be provided at cost.

All workshop manuals;
All training notes, facilitator manuals training tips, workshop flows and agendas;
All other literature, documentation and electronic materials prepared by or on behalf of Australian College of Project Management, and in relation to its business.

The Client acknowledges that the copyright in any variations or modifications of the Copyright Materials that are made by the Client; whether or not at the request of the Australian College of Project Management is owned by the Australian College of Project Management or licensed to the Australian College of Project Management
The Client will not during the term of this deed, and after the Termination Date, make any unauthorised reproduction, distribution, performance, publishing or other use of the Copyright Materials in whole or in part.
Australian College of Project Management is the licensee of its Copyright Materials.

Professional Services - Course Development and Customisation Fees

Australian College of Project Management attendees are charged to the Client on a daily time and materials basis at the rates specified in this document
In the event that Australian College of Project Management attendees work more or less than eight hours per day, Professional fees will be charged pro-rata based on an average of 40 hours over 5 days.
Any fees for more than 40 hours per week will not be charged unless there is prior agreement with the client
The rates specified do not include materials and out of pocket expenses travel, hotel or meal expenses of Australian College of Project Management attendees or the cost of materials or external services incurred in the provision of the Services. These shall be charged to Client and recovered at cost. The standards of travel and accommodation will be agreed on a case-by-case basis with each client and will not be incurred without prior approval.
Time worked includes travel time to the clients’ site outside of the Australian State Capital Cities and the Australian Capital Territory where requested by the client. Charges for travel time will include two hours prior to departure up to actual arrival time at final destination for the most direct flights.
The rates are fixed for a period of 90 Days from the date of this document. Australian College of Project Management reserves the right to negotiate to revise such rates in consultation with the client at any time following the Expiry Date specified in the Schedule or at any later date on submission of thirty (30) days' notice to Client.
Australian College of Project Management shall charge the required amount of GST as legally required under Federal Law. The GST shall be charged in additional to the Fee Scale and detailed separately on each invoice.
Twice monthly Australian College of Project Management shall submit an invoice in respect of the charges arising during each semi-monthly period. Semi-monthly periods are defined as the first to the 15th day and the 16th to the last day of each calendar month. Client shall pay the amount stated in each invoice within fourteen (14) days of date of invoice.
If Client fails to pay any sum due hereunder interest shall be charged on such overdue amount at the rate of one percent (1%) per calendar month providing no written dispute exists over the charges.
If Client fails to pay any sum due hereunder Australian College of Project Management may, without prejudice to any other remedy and upon three (3) days, prior notice to Client, cease all work in progress in respect of the Services under the Schedule(s) then in effect, or any part thereof until the payment in full shall be made, and Client shall provide reasonable assurances for payment of future services.

Australian College of Project Management attendees

Australian College of Project Management attendees, if and to the extent employed on the premises of the Client, shall comply with the Client's rules and regulations as are notified to them for the conduct of attendees on the Client's premises.
The following additional terms shall apply:
- The normal working day of Australian College of Project Management attendees shall be eight (8) hours.

Vacation days taken by Australian College of Project Management attendees will be those normally applicable to such attendees. Authorisation for taking such vacation days shall not be required from Client but Australian College of Project Management will consult with Client to coordinate vacation days where appropriate.
If Australian College of Project Management deems it necessary to replace any member of the Australian College of Project Management attendees, Australian College of Project Management shall endeavour to give reasonable written notice thereof to Client and to maintain continuity of effort.
Australian College of Project Management shall take all appropriate measures to ensure that its attendees engaged in the provision of Services under the Schedule(s) shall hold in confidence for Client the Client's confidential information (as defined in Section 8 below).

Client agrees to provide suitable facilities, space, desks, chairs, telephone and office supplies for Australian College of Project Management attendees working on Client's premises as may be reasonably required for the performance of the services under the Schedule(s).
Client may, at any time, request the removal of any of Australian College of Project Management's employees from involvement in the Services to be performed by Australian College of Project Management under this Agreement. Upon such request, Australian College of Project Management shall promptly replace any such employee with another of at least comparable skill and experience.

Mutual Non-solicitation of attendees

Each party agrees that during a period of six (6) months after completion or termination of the respective Services it shall not employ or engage on any other basis or offer such employment or engagement to any of the other party's attendees without the other party's prior agreement in writing.
Each party agrees that if it employs or engages any person contrary to the provisions of subsection 6.1 above, a sum in liquidated damages shall be payable as compensation by the party in default, which said sum shall be equal to the charge for ninety (90) days' work by such person at his or her rate then in effect as set forth on the Schedule(s) or in the case of a person employed by the Client, ninety (90) days’ total remuneration of that person as determined reasonably by the Client. Client acknowledges and agrees that this provision is reasonable under the circumstances existing at the date this Agreement was made.

Limitation of Australian College of Project Management Liability

Australian College of Project Management shall in no event be liable for the following loss or damage, regardless of the manner caused, and even if the possibility of such loss or damage has been disclosed to Australian College of Project Management in advance or could reasonably have been foreseen by Australian College of Project Management: (i) economic loss which shall include loss of profits, business revenue, goodwill and contracts; and (ii) damages in respect of special, indirect or consequential loss or damage

Confidential Information
Each party hereto shall hold in confidence for the other party hereto confidential information of the other party. Confidential information is information relating to the Client’s customers or information which relates to either party's research and development, trade secrets or business affairs, but does not include (i) information of one party which is legally acquired by the other party prior to negotiations:
- leading to this Agreement (ii) information which is or becomes a matter of public knowledge and (iii) information which is or becomes a matter of public knowledge to Australian College of Project Management from third parties who in making such disclosure breach no confidentiality obligation to Client.
Termination

Unless earlier terminated in accordance with Section 9.2 below, this Agreement shall be effective from the date first written above and shall continue thereafter until terminated upon thirty (30) days' notice by either party, except as otherwise provided in the Schedule(s), as amended from time to time. Termination shall be effective upon expiration of such thirty (30) day period.
Notwithstanding Section 9.1 above, either party may immediately terminate this Agreement by written notice to the other party upon the occurrence of one or more of the following events:
the other party shall commit a material breach of any of its obligations under this Agreement and shall not have remedied such breach within thirty (30) days of receiving notice of the breach; provided, however, that Australian College of Project Management may at its option terminate this Agreement for non payment upon ten (10) days' notice, which notice period shall commence by delivery of the 3 day notice set forth in Section 4.3 above without need for another notice; or
the other party shall become insolvent, or enter into liquidation; have a receiver appointed over its assets or any part thereof, make an assignment for the benefit of creditors, the institution of any proceeding by or against such party in bankruptcy or dissolution of such party.
Termination of the Agreement shall not prejudice or affect any right of action or remedy, which shall have accrued or shall thereafter accrue to either party.

Notice

Any notice or other communication required or permitted to be given in accordance with the Agreement shall be in writing and, without prejudice to any other method of giving it, be sufficiently given if it is sent by registered or certified mail or by facsimile (with evidence of receipt thereof and with a copy following by mail), to the other party to such address as shall have been advised in writing.
Every notice shall be deemed to have been received and given seven (7)days after the date mailed or 24 hours after the date of facsimile.

No Assignment

Neither party may assign the Agreement, without the prior consent of the other. This Agreement shall be binding on the successors and permitted assigns of the respective parties. The headings of the sections herein are inserted for convenience of reference only and are not intended to be a part of, or to affect the meaning or interpretation of this Agreement.

Applicable Law

The Agreement shall be construed in accordance with the laws of the State of Victoria, without regard to choice of law provisions. The parties hereby consent to the jurisdiction of the State courts located in the State of Victoria, and irrevocably agree that all actions or proceedings relating to this Agreement shall take place in the State of Victoria courts, and waive any objections that they may have based on improper venue or forum non-conveniens.

Waiver

No delay, neglect or forbearance on the part of either party in enforcing against the other any term or condition of the Agreement shall either be or be deemed to be a waiver or in any way prejudice any right of that party under the Agreement.

Severability

If any one or more of the provisions of this Agreement shall be held to be involved, illegal or unenforceable, the validity, legality or enforceability of such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall not be affected thereby.

Complete Agreement

The Agreement, together with the Schedule hereto, contains the entire agreement between the parties hereto with respect to the matters specified herein. No other agreements, representations, warranties or other matters, oral or written, purportedly agreed to or represented by or on behalf of Australian College of Project Management by any of its attendees or agents, or contained in any sales materials or brochures, shall be deemed to bind the parties hereto with respect to the subject matter hereof.
No purported amendment, modification or variation of the Agreement shall take effect unless made in writing and signed by an authorized representative of each party.
This Agreement may be executed in one or more counterparts, which together shall be deemed to constitute one original, and shall become effective when one or more counterparts shall have been signed by each party and delivered to the other party.