Rectification Support – Terms and Conditions
When you submit the purchase order for consulting services such as rectification support, you are required to indicate by ticking the checkbox that you have read, understood and agree to these terms and conditions associated with the services. Evidence of this acknowledgement will be retained within Newbery Consulting client records.
The Rectification Support service is simply a way of allocating an amount of time to be used by the client to obtain support and advice from Newbery Consulting. This package includes allocation of 24 hours . The objective of this package is to assist an RTO respond to non-compliance resulting from an ASQA regulatory audit . Joe will typically set the agenda and priorities for the rectification work to be undertaken.
The Rectification Support service includes:
- analysis and advice on the audit report findings,
- review and advice on current documentation and arrangements,
- provision of example templates where relevant to assist in responding to non-compliance,
- guidance on remediation (if required),
- review of additional evidence as it is being developed,
- organisation of evidence for submission, and
- preparation of a written response to accompany the evidence.
We will establish a shared folder with you on dropbox where we can all collaborate to organise and prepare the response for submission.
The Rectification Support service expires 12 months after the date on which it was commenced. Any unused portion of the support is forfeited.
What we do not do during the Rectification Support service
It is important to note that during this service Newbery Consulting do not:
- develop your learning and assessment strategies, tools or resources
- customise your policies and procedures or forms and tools
- provide advice or support to develop your business and financial plan
- provide advice or support to your financial viability risk assessment
- provide advice or support in respect of fit and proper person status
- provide support or consultation on site or at your premises
- develop submission evidence on your behalf
- provide consulting support toward any government funding contract
- communicate on your behalf to the National VET Regulator
- provide services which can be construed as a High Managerial Agent
It is critically important to note that Newbery Consulting provide advice and example templates only during this service. We are happy to provide examples and give you advice but do not perform the rectification work on your behalf. We will prepare the written response document, but the preparation of the evidence is your responsibility with our advice and feedback.
Skills and Capacity
It is important that you employ or otherwise can engage suitable persons with skills and knowledge within your organisation to prepare rectification evidence in response to our advice. You are recommended to establish a solution or arrangement for this prior to commencing this service. You will need to apply suitable time and resources to prepare the rectification evidence and be responsive to the advice provided by Newbery Consulting. It is not the role of Newbery Consulting to teach your staff how to develop learning and assessment resources, as an example during the scope of this work. There is simply no time for this. The rectification must be submitted by the timeframe specified by ASQA. We are experienced at providing advice toward this work, but if the person performing the work does not understand how to apply or respond to our advice it will seriously impact on the time needed to develop material and potentially on the success of your submission. It is critical that you have access to competent persons to perform this work.
Newbery Consulting agrees that any information received by it during the provision of services relating to your organisation, operational or commercial affairs shall be treated by Newbery Consulting in strict confidence and will not be revealed to any other persons or organisation unless compelled to do so under the law.
Newbery Consulting may be compelled under s 62 of the National Vocational Education and Training Regulator Act 2011 (Cth) to provide information to the National VET Regulator about an RTO to which it provides a service by issuing a written notice to Newbery Consulting to give information and documents. It is an offence under s 64 of the National Vocational Education and Training Regulator Act 2011 to not provide information and documents when requested to do so.
Newbery Consulting makes the Rectification Support services available on the understanding that Clients’ exercise their own skill and care with respect to their use of this service. Before relying on these services or information provided by Newbery Consulting in any important matter, clients should carefully evaluate the accuracy, completeness and correct performance of the service and information and should obtain appropriate professional advice relevant to their particular circumstances.
No refunds whatsoever will be given for a cancelled service after the service has commenced.
Refusal, Cancellation or Cessation of Service
We reserve the right to refuse, cancel or cease the service for any reason we deem appropriate. The following are some examples of why we may refuse, cancel or cease the service:
- Rude, offensive or abusive behaviour. Rude, offensive or abusive behaviour toward Newbery Consulting staff by you or any representative from your organisation, will not be tolerated and will result in immediate cancellation of the service.
- Breach of terms and conditions. Breach or failure to comply with these terms and conditions or any other terms and conditions of related products and services will result in immediate cancellation of services.
- Failure to follow advice. Failure by the client to follow the advice provided by Newbery Consulting will not be tolerated particularly where the actions of the client are likely to result in non-compliant arrangements being presented to ASQA. Failure to follow the advice provided by Newbery Consulting will result in the cancellation of the service.
- Failure to protect the interests of students and consumers. Any action taken, or arrangement implemented by the client that Newbery Consulting consider fails to protect the interests of prospective learners of the client or consumers will result in cancellation of the service.
Waiver of Liability
By accessing the Rectification Support service, the Client waives and releases Newbery Consulting to the full extent permitted by law from any and all claims relating to the usage of product or the provision of advice and under no circumstances whatsoever shall Newbery Consulting be deemed to assume any responsibility for or obligation or duty with respect to any part or all of the Client’s business.
Acknowledgement of Terms and Conditions
By purchasing the Rectification Support service you acknowledge that you on behalf of your business entity understand and agreed to these Terms and Conditions. These Terms and Conditions should be read in-conjunction with the other related Terms and Conditions.
Acknowledgement of these Terms and Conditions implies acknowledgement of all related Terms and Conditions.
Updated – 30th July 2018
Copyright © Newbery Consulting 2018. All rights reserved.