Provision of Training & Assessment Services
1.1 Start and End
This agreement will start on the Start Date and terminate on the End Date unless terminated earlier.
1.2 Early End
(1) Insolvency Accell Pty Ltd may terminate this agreement if the Client becomes insolvent or goes into liquidation.
2.1 Accell Pty Ltd will provide the Services to the Client in accordance with this Agreement and in a proper, professional and responsible manner.
2.2 The parties agree that they have no power or authority to make any commitment on behalf of one another.
2.3 Accell Pty Ltd training covers Aurizon’s Rail Network. QR Network will need extra Gap Training not supplied by Accell Pty Ltd.
3.1 The Client must pay the Fees to Accell Pty Ltd in accordance with this agreement.
3.2 ACCELL Pty Ltd must give the Client an invoice for the Fees for the Services provided by Accell Pty Ltd. Each invoice must be a tax invoice and include details of the Services provided and how the amount being invoiced is calculated.
3.3 The Client must pay as per the terms of each invoice.
3.4 Statements and Certificates will only be issues on receipt of payment without a company purchase order.
3.5 If this agreement is terminated before the End Date, the Client must pay Accell Pty Ltd for all work undertaken and Services performed by Accell Pty Ltd up until the date of termination.
4. Intellectual Property
4.1 Each party maintain its ownership of and interests in, all intellectual property existing as at the Start Date, which that party owed or had interests in as at that date.
4.2 At all times full right, title and interest in and to any intellectual property created in connection with this agreement, will vest in the Crown as at the date of its creation, and will remain vested in the Crown absolutely. The Crown grants a non-exclusive, royalty-free licence to the Client to use such intellectual property for the Client’s internal purposes. The Client agrees that it will not, at any time, claim ownership of, or any right in, any such intellectual property and that it must not use, copy, alter, modify, supply or reproduce any such intellectual property, except as expressly permitted by this agreement. The Client agrees to promptly execute any documents reasonably requested by Accell Pty Ltd to give effect to this clause.
4.3 This clause survives termination of this agreement.
Each party must keep the other party’s confidential information (that is, information in any form, that is not generally available to the public at the time of disclosure other than by reason of a breach of this agreement or that is in fact, or should reasonably be regarded as, confidential to the party to whom it belongs) secret and confidential and only use it in relation to the Services and not disclose it to any person without the other party’s consent or unless disclosure to its officers, employees and permitted contractors is necessary for the provision of the services (but first must inform those persons of the confidential nature of the information), where disclosure is required by the law, or to its professional advisers. A party must inform the other party immediately upon becoming aware or suspecting any other disclosure of the information.
Each party indemnifies and must keep indemnified the other party against all actions, proceedings, claims, demands, liability, loss, costs (including legal costs on a solicitor/client basis) and expenses incurred or suffered by that other party relating to: (1) personal injury to or death of anyone and damage to any property caused by the indemnifying party; and (2) breach of this agreement or of any laws by the indemnifying party. This clause survives termination.
Accell Pty Ltd confirms that it has in effect and will maintain at all times during the term of this agreement, workers’ compensation insurance as required by law and public liability insurance for not less than $10 million.
Any variation of this agreement must be in writing.
9. Relationship of parties
Accell Pty Ltd is an independent contractor of the Client and nothing in this agreement creates a relationship between the parties of partnership, employment, principal and agent or of trustee and beneficiary.
10. Governing Law and Jurisdiction
The law of QLD governs this agreement. The parties submit to the non-exclusive jurisdiction of the courts of QLD.
The signatories to this agreement personally warrant that they have express and sufficient authority to execute this agreement on behalf of the party on whose behalf they sign.
12. Cancellation or No Show
Please inform us immediately if you need to cancel training. Cancellation Fees may Apply. Please see below:
- Up to and including 30 days notice-no cancellation fees apply
- Up to and including 20 days notice-20% of trainers wage fees apply and non refundable expenses apply
- Up to and including 7 Days notice-70% of Trainers wage and non refundable expenses apply
- 0-6 Days notice- 100% of workshop fee
13. No Show
If trainees fail to show up for the training the full contracted rate will be applied.
14. Refund Policy
Accell Pty Ltd will offer a refund if the training is disrupted in any way or if it fails to provide the contracted training.
15. Re Issuance Fee
If a Certificate or Ticket is requested for Re issuance there will be a:
- $30.00 + GST Posted Fee
- $15.00 + GST Emailed Fee
- $40.00 + GST Emailed and Hard Copy (Posted)