TERMS AND CONDITIONS
To help our service run as smoothly as possible, our standard terms and conditions are listed below for your reference. If you accept our proposal, these terms and conditions will apply to the delivery of our Services.
We may from time to time issue proposals for the provision of our Services. All proposals issued by us are subject to these Terms. All amounts and prices provided in our proposals are exclusive of GST. Where the Service provided to you is subject to GST, it will be added and charged to you. Any proposal will remain open for acceptance by you for 30 days, unless withdrawn by us earlier. If you would like to proceed with this Proposal, please provide us with signed acceptance of the Proposal.
The Services we will provide you and the applicable fees are set out in the Proposal. The scope of the Services we provide may expand at your request, however the Proposal assumes that it will not. If you request any additional Services, we will provide you with a further fee proposal for your acceptance prior to commencing the additional Services. We will use our best endeavours to ensure:
a) the Services are performed with due care and skill and to the standards of best industry practice at all times;
b) we hold and will provide to you upon request evidence of currency of all relevant authorisations, permits, insurances and licenses required by law to be held in order to provide the Services; and
c) we will not vary the quality of the Services or any materials supplied in connection with the Services unless both parties agree in writing to such a variation.
All fees payable under a Proposal are subject to periodic price increases unless specified otherwise in the Proposal. We will notify you of any price increase in writing at least one month in advance.
Where you request a Service that requires us to engage a third party, you will be required to pay the cost of the third party plus a 20% procurement fee. We will notify you of the cost of the third party prior to their engagement.
All invoices issued to you must be paid in full within 14 days. Payment can be made to us by electronic funds transfer, direct deposit or cheque. If any amount owed to us pursuant to these Terms remains outstanding for 15 days or more, in addition to our rights to take action to recover the amount owed, we may:
a) cease providing the Services to you;
b) provide your particulars and the particulars of the unpaid debt to any credit reporting agency to have the default in payment listed; and
c) charge you interest on the unpaid amount at the rate of 10% per annum.
All reasonable costs and disbursements incurred by us in recovering payment of any overdue invoice or in enforcing our rights under these Terms including, without limitation, legal costs are payable by you.
4. Training Courses
A minimum of four (4) weeks’ notice must be provided to schedule training and a 50% deposit is required seven (7) calendar days prior to the training course commencing. Full payment is required prior to course commencement.
Cancellations received by us less than fourteen (14) working days prior to the commencement of the training will forfeit 100% of the course fee. Cancellations received more than fourteen (14) but less than twenty-eight (28) working days prior to the commencement of the training will attract a 15% administration fee. Course dates may be amended without penalty up to twenty-eight (28) days prior to the commencement of the training.
Either party can terminate the arrangement agreed to in this Proposal if the other party becomes insolvent, the other party breaches these Terms and fails to rectify the breach within 14 days, or the other party has a change of ownership.
Either party may terminate the provision of the Services, for any reason, by providing the other party with four (4) weeks’ notice in writing.
Except if we are in breach of these Terms, you will be charged an early termination fee if our Services are terminated by you prior to the end of the Term specified in the Proposal, calculated as a genuine pre-estimate of our loss, as follows:
a) If you terminate when less than 50% of the total Proposal price has been paid, you will be charged an amount equivalent to 25% of the Proposal price; or
b) If you terminate when between 50% and 75% of the total Proposal price has been paid, you will be charged an amount equivalent to 15% of the Proposal price.
6. Renewal of Term
Prior to the end of the Term of the Proposal, the parties may by agreement in writing agree to renew the Proposal for a further term.
7. Permanent Placement
You must not, without our prior written consent, during the Term of the Proposal and for 12 months after the expiry of the Term or termination of the provision of the Services (whichever is later), offer employment or work as a contractor to or directly employ a member of our Staff or engage them as a contractor.
If you do employ or engage a member of our Staff during the Term of the Proposal or during a period of 12 months after expiry of the Term or termination of the provision of the Services (whichever is the later), then a permanent placement fee will be payable by you to us of an amount equal to 20% of the Staff member’s gross total employment package (plus GST).
8. Warranty, Release and Indemnity
a) We warrant that the Services and any related documentation, guidance and/or advice provided under or in connection with these Terms to you will comply with all applicable laws and regulations, Australian Standards and Industry Best Practice.
b) We agree to indemnify you and keep you indemnified against any damage, losses or liabilities suffered or incurred by you in connection with any breach by us of the above warranty.
c) You hereby release and indemnify us and agree to forever keep us indemnified from any and all cost, damage liability, expense or loss arising directly or indirectly from any act or omission by you or any breach of these Terms or the Proposal by you. Such release and indemnity shall not apply and has no effect to the extent that our loss arises as a result of our own negligence or omission.
9. Contractual Limitation of Liability
To the extent permitted by law, and notwithstanding Clause 8, our liability to you in respect of any cost, damage, liability, expense or loss is limited to, at our absolute discretion:
a) Providing the Services again; or
b) Refunding the amount paid by you for the Services.
a) Privacy – To the maximum extent permissible by law you consent to the collection, storage and use of your information by us for our own statistical or marketing purposes.
b) Confidentiality -The parties agree to keep all confidential information disclosed between the parties confidential and shall not disclose such confidential information to any third party without prior written consent.
c) No assignment -Neither party may assign the benefits or obligations under any agreement with each other to any entity without consent.
d) Entire agreement – These Terms set out the entire agreement between the parties and supersede and exclude any prior or collateral negotiation, understanding, communication or agreement or term of agreement by or between the parties.Force majeure – Each of us will be released from our respective obligations under these Terms (except as to payment for Services actually rendered and indemnity) in the event of national emergency, war, prohibitive governmental regulations or where any other cause beyond the reasonable control of either you or us, including strike, riot, lockout or trade disputes for a period of 14 days or more renders provision of Services impossible.
e) Jurisdiction – These Terms and the agreement reached under this Proposal are governed by the law of New South Wales and the parties submit to the non- exclusive jurisdiction of the courts of New South Wales.
For the purposes of these Terms and Conditions:
Proposal means the proposal to provide services.
Services means the services listed and the services provided to you by us.
Staff includes all employees, agents and subcontractors of ours.
Terms means the terms and conditions contained in this document, as amended by us from time to time.
We, us or our means The Trustee for Brown Brown Lloyd Unit Trust ABN 41 481 821 338 trading as Recovery Partners.
Our online ordering facility is secure as indicated by a padlock symbol in your browser and a https:// web address. Recovery Partners uses 128-bit SSL (Secure Sockets Layer) for transmitting private information via the Internet. SSL uses a private key to encrypt data that is transferred over the connection. This protocol is a standard used by many web sites when you submit confidential information, such as credit card numbers and other personal data. SSL creates a secure connection between your browser and our real-time payment gateway provided in Australia by eWay. No credit card details provided during payment are kept by us. If you have any questions regarding our security policy, please contact customer support.