- Vivacity RTO Coaching & Consulting (Vivacity) Responsibilities
We agree to:
- commence work once payment has been made in full, or once the deposit has been paid for KickStart, ReBoot or Membership Packages;
- provide the services outlined in this agreement with due care and skill;
- carry out the services in a professional manner;
- whilst on your premises comply with all reasonable policies as to safety, conduct and behaviour;
- be available to deliver the services upon reasonable notice;
- not use your records, resources or other information for personal gain at any time including beyond the period of this engagement;
- not solicit your customers for the provision of any services for a period of six (6) months after the end of this contract.
- Client’s Responsibilities (the Client)
You agree with the following:
- to pay your account in full prior to Vivacity commencing work, or in the case of a KickStart, ReBoot or Membership Packages, you agree to the terms and conditions of a Payment Plan through IntegraPay. Once payment has been processed for the deposit, Vivacity will commence work.
- you will provide all the information Vivacity require or reasonably request to carry out our services;
- you are responsible for all the research and purchase of all training and assessment resources and tools required
- you are responsible for all fees and charges required to be paid to ASQA or any other statutory authority
- if we are working on your premises you are responsible for providing an office or training room and such administrative assistance as may be reasonable;
- if working on your premises, you agree to provide access to: internet, telephone and other resources agreed upon from time to time.
- Provide access to a dedicated person (“the nominated person”) who will be available for approximately 1-2 hour per week (phone, Skype or face to face). This person should either have experience with the qualifications or easy access to someone who does have experience (i.e. trainer)
- The nominated person should be able to dedicate between 10 and 20 hours per week (depending in what stage of the package you are on) to assist us in completing your package.
- You are responsible for ensuring that all accounts are paid in full within the timeframe specified on your invoice and/or Payment Plan (if applicable)
- To abide by the Terms and Conditions set out in this document.
Vivacity retains the copyright for all policies, procedures, forms and documentation provided by Vivacity to you, (“the copyright material”). No part of the copyright material may be reproduced by you except in accordance with the Copyright Act 1968, the terms of the license granted in this agreement, or written permission from Vivacity.
The licence that the licensee holds with Vivacity includes publications, systems and documentation associated with Vivacity’s products and services, including documentation that is included within Vivacity’s Packages.
The licensee is entitled to print, copy and amend publications, systems and documentation provided by Vivacity as part of their licence, for the purpose of contextualising the documentation that is included within Vivacity’s Packages.
The licensee is NOT entitled to distribute or disseminate Vivacity’s copyrighted material to any other person except for the purposes of providing training in the course of your business or for the purposes of obtaining and maintaining registration with the appropriate regulatory and industry bodies. All copyrighted material that you distribute or disseminate pursuant to this licence must be in an unamendable format (such as paper copies or locked PDF format). The licensee is NOT entitled to distribute or disseminate the copyright material over the internet or in an unrestricted public domain where it is likely to be freely distributed and copied by others.
The licensee is not entitled to distribute or communicate this material either as a product or a service. The licensee is not entitled to charge a fee for distribution or communication of this material. This licensee must take all care to prevent the distribution of this publication to other parties who may not respect the requirement of this license or the copyright.
The licensee agrees to:
- Take all reasonable care to prevent the distribution and dissemination of the copyright material by third parties
- Not extend this license to any subsidiaries, ventures or parent organisations of the licensee
- Warrant that they are entitled to grant license and that a licensee’s exercise of the license will not infringe third party rights.
Vivacity warrants that it is entitled to grant this license and that the exercise of your rights under this license does not infringe any third party rights.
Vivacity makes available the materials on the understanding that the users exercise their own skills and care with respect to its use. Before relying on the material in any important matter, users should carefully evaluate the accuracy, completeness and relevance of the information for their purposes and should obtain appropriate professional advice relevant to their particular circumstances. The material within this publication may include views of Vivacity or indicate its commitment to a particular course of action.
Links to other publications have been inserted for convenience and do not constitute endorsement of material within those publications or any associated organisation, product or service. These external information sources are outside our control. It is the responsibility of users to make their own decisions about the accuracy, currency and reliability of the information at those sites.
By accessing information through Vivacity’s publications the licensee waives and releases Vivacity to the full extent permitted by law from any and all claims relating to the usage of the material made available through the publication. In no circumstances shall Vivacity be liable for any incident or consequential damages resulting from the use of these materials.
- Intellectual Property
Vivacity reserves ownership of the intellectual property in any systems, publications and documentation that Vivacity produces and provides to you, including for the purposes of improving or augmenting any of your systems and documents that we develop. Vivacity grant to you a non-exclusive licence to fully exploit and assign the systems, publications and documentation created for your organisation, for the sole purpose of your organisation utilising and implementing our publications, documentation and systems within your organisation as the licensee of our products.
The licence to utilize vivacity systems, publications and documentation is provided to the organisation named within this document, this does not give the right to the organisation releasing Vivacity systems, publications and documentation to any other party without written permission by Vivacity.
The licence does not give the Client the right to either sell our systems, publications or documentation, nor does it give the Client the right to share our intellectual property with any other third party. Legal action will be taken by Vivacity if it is found that our materials have been provided to a third party without written permission from the CEO of Vivacity.
Vivacity will make every effort to ensure that all materials developed by Vivacity (including policies, procedures, forms and documentation) will be compliant, if they are not compliant at audit we will rectify all Vivacity documentation in accordance with the audit requirements at no additional cost. However due to the nature of the regulatory body, Vivacity cannot guarantee that your organisation will gain registration, as this will be determined by your ability and willingness to comply with the requirements of the regulatory body.
For your information, Vivacity has in place Professional Indemnity and Public Liability Insurance, as follows:
|Professional Indemnity:||$1,000,000||DUAL Australia Pty Ltd|
|Public Liability:||$5,000,000||DUAL Australia Pty Ltd|
In line with the Privacy Protection Act (2012) and Privacy Act (1998 No 133), Vivacity will not share any of your contact details with any other organisation without first obtaining written consent from an authorised representative of your organisation.
All information collected will be in accordance with the requirements of the Australian Privacy Principles.
Subject to law, Vivacity will not disclose to any person the following information:
- your financial affairs, commercial plans or trade secrets;
- confidential information of your products, services or customers;
- information relating to your employees and consultants;
- any other information which is confidential and which is gained in the course of providing services to you.
This duty of confidentiality applies both during and after the term and is in addition to any other obligation at law.
- Travel and Accommodation
Fees outlined in this agreement do not include any out of pocket expenses, unless these expenses are stated within the fee estimate, these expenses include travel and accommodation required to visit a client site. In general, these fees are approximately $300 per night. Vivacity will always endeavour to find the lowest possible fee to reduce your costs. The standard rate for our Consultants to utilise their own vehicles to travel to a premises is $1.25 per kilometre. If a client cancels a Mock or ASQA Audit for any reason whatsoever, the client will be liable for all cancellation and rebooking fees for travel and accommodation.
Due to the broad area that we work, travel costs associated with any site visits are not included within the package, clients will be invoiced for Travel and accommodation costs separately. All Travel costs MUST be paid prior to a Vivacity site visit.
- Obligations under agreement
Where you consist of more than one person or company then your obligations under this engagement bind each of you jointly and severally.
- Prior Terms
These terms supersede any prior terms, representations or warranties.
You may terminate this engagement by giving 14 days’ notice without the need to give any reason.
We may terminate this engagement by giving you 7 days’ notice if you have breached this agreement and you have failed to remedy the breach within 7 days of our notifying you of the breach, or if you fail to follow our advice in relation to a significant matter within the ambit of our engagement by you.
If this agreement is terminated, you must pay for the goods and services that we have provided to you up to the termination date and/or forfeit all fees paid to Vivacity up to and including the termination date, this includes fees paid via a Payment Plan. If a stage has been completed, then you must pay the agreed fee to the end of that stage. If a stage has not been completed, then you must pay for the work we have done at the agreed daily rate for additional services.
- Warning and termination process
Clients are encouraged to engage with their CLO at least once per week. Clients who are consistently unresponsive and uncommunicative will be sent a warning letter with the view to get the client back on track. If there is no change to the communication, a second letter will be issued with a view to reengage the client. If this second warning fails to get a response Vivacity, will terminate the agreement without refund. Clients who do reengage after warning letter 1 or 2, but then fail to continue to communicate, will be reissued a warning letter again. Only 2 warning cycles will be permitted by Vivacity before termination.
Acceptance of this engagement and of these terms may be made in any one of the following ways:
- by signing and returning a copy of this document;
- by giving us written instructions that you wish to go ahead with services outlined in your invoice;
- by accepting our quote;
- by paying your invoice including a deposit.
These terms apply even if you have engaged Vivacity prior to this date, so that if you continue to engage us after receiving these terms then they shall apply.
- Package Extension
If you wish to request for an extension of your package, for any reason whatsoever, you will be required to submit your request in writing to the CEO of Vivacity by emailing email@example.com.
The following conditions apply for Package Extension:
- Only applications to extend the package for no more than 6 months will be considered
- If you wish to extend the package for more than 6 months, you will be required to cancel your package and reapply to have the package reinstated at a later date by submitting your application to the CEO
- If Vivacity increases the price of the package within the timeframe of the extension, and the price increase is more than the administration fees paid, the client will be required to pay the difference between the old and the new Package price
- You will be liable for an Administration Fee of $150 per week for each week of the extended period which will be direct debited from your account
- You will be required to sign a Direct Debit payment form, prior to approval for placing your account on hold, agreeing to the Administration Fee of $150 per week.
- Contract Overrun
Fees for Vivacity packages have been determined by the products and services included within the package, as well as the timeframe we have determined that your package should be completed within. Vivacity has determined the package timeframe based on the timeframe we believe that the package should take to be completed, which is based on our previous experiences to either complete the package or submit the client to ASQA.
All clients are required to complete their package within the designated timeframes outlined on their Project Outline attached to their Quote and/or Invoice, Failure to complete the package within the timeframe outlined within the Package Outline, will incur additional Administration Fees to cover additional administration services to be provided by Vivacity. These fees are outlined in the table below.
If a client takes more than the Maximum Period outlined in the table below for each package, not including Contract Overrun being due to a delay incurred by a regulatory body (ie Vivacity has submitted your application to ASQA within 3 months and ASQA does not provide you with a final decision within the package timeframe), Vivacity has the right to terminate your package if the client has overrun their contract more than the Maximum Period and the client is not entitled to a refund for contract overrun.
|KickStart (RTO & CRICOS)||30||$480||52|
|ReBoot (RTO & CRICOS)||30||$480||52|
Should a contract overrun occur due to means out of your control, such as a delay in the regulatory bodies (ASQA, VRQA, TECWA) process, an extension may be granted at no additional cost, this will be at the discretion of the CEO. All requests for an extension must be requested in writing as per the conditions outlined above under the heading “Package Extension”.
Overrun fees covers the costs of administration fees for Vivacity staff to provide additional services during the contract overrun period.
- The Client Liaison Officer’s (CLO) role and responsibilities
Your CLO has extensive knowledge and experience within the VET industry. Their role is to coach and guide you through the Packages. As a client you are required to complete paperwork in order for the CLO to undertake the tasks required of them.
- Change of Training Product
The development of Training and Assessment Strategies (TAS) takes considerable time and effort by your CLO. If you decide or wish to change a Training Product after your CLO has commenced work on your TAS, you will be liable for additional fees equal to the AddOn Package fees.
Once work has commenced on an AddOn Package, whether it be that we have undertaken the initial setup, or you have almost finished the package, you are liable for full-payment of that package, meaning you will not be eligible for a refund or credit. This means that you need to ensure that you are fully committed to commencing the AddOn Package prior to commencing.
If ASQA specify that rectifications are required, the client is responsible for implementing the identified rectifications. If the non-compliance/s are related to Vivacity’s documentation (Policies, procedures, forms and documents) we will rectify these documents as part of your Package. If the rectifications are related to Trainers/Assessors, Training Venues, Training and Assessment Resources and/or any other item that is not part of the Vivacity documentation, our team at Vivacity will assist with the process by providing an Action Plan, but if you require Vivacity to complete any work on your behalf, this will incur an additional administration fee in line with Vivacity’s consultancy rates.
- Vivacity Attendance at Audit
If your package includes an ASQA Audit stage, (i.e. KickStart or ReBoot Packages for RTO and/or CRICOS, your package includes our Vivacity Auditor attending your premises for one day to conduct a Mock Audit and one day for your ASQA Audit. On the rare occasion that ASQA require to audit your organisation over more than one day, and you wish for a Vivacity auditor to attend your audit on these additional days, there will be an additional fee for this service. This fee will be invoiced in addition to this package. The typical ASQA Audit only requires one day, but on occasion two or more days for audits may be required for RTOs who have a large scope of registration, or for applicants who wish to place high risk qualifications onto their scope, these additional days required will be determined by ASQA.
CRICOS Package includes two days attendance at your premises for ASQA Audit, if ASQA request more than two days and you wish for a Vivacity auditor to attend your audit on these additional days, there will be an additional fee for this service.
At your Mock audit we will review all the required documentation for your ASQA audit, as well as prepare you with the typical questions you will be asked at audit, including an outline of the ASQA audit process. It is also an opportunity for you to ask questions on business development and the ASQA compliance requirements. For both the Mock and ASQA audits, your Vivacity Auditor will provide you with Audit notes, which will outline all the action items and suggested Opportunities for Improvement identified at each audit.
Although great care will be taken to audit you against the relevant legislation, we cannot guarantee that non-compliances will not be found at audit, this is due to the varied views of ASQA Auditors and the inconsistencies of what is compliant against the standards. Although this may be the case, our Vivacity Auditors will audit you from the point of view of the “worst case scenario” when undertaking a SystemsCheck of your organisation, this is based on our extensive experience at previous ASQA Audits and working with a variety of ASQA Auditors.