RTO Rectification Support – Terms and Conditions


Please take the time to read through these terms and conditions carefully. These are not your typical legalistic terms and conditions. They explain how we will work thogether and yours and our responsibilities. They will help you make a decision about proceeding with this service or not. Make a list of questions and if you are keen to have a discussion with Joe, submit an enquiry and we can set that up on phone or Zoom.

1. Agreement

1.1 When you submit the purchase for the RTO 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 RTO Rectification Support service. Evidence of this acknowledgement will be retained within Newbery Consulting client records. These terms and conditions came into effect on the 30th June 2018 and remain current.

2. Objective and time allocation

2.1 RTO Rectification Support is simply a way of allocating an amount of time to be used by the client to obtain advice from Newbery Consulting. The objective of this package is to assist a business respond to non-compliance resulting from an ASQA regulatory audit in relation to the RTOs registration or an organisation’s application for course accreditation. Joe will typically set the agenda and priorities for the rectification work to be undertaken. RTO Rectification Support is delivered remotely typically using teleconference and videoconference. There is no limit on the consulting support allocated in this project but obviously, Joe has other priorities and client that need to be consdered. We will typically schedule a meeting with you every day Mon – Thu to keep things moving. The RTO Rectification Support ends when the matter is resolved with the national regulator.

3. Costs

3.1 The cost for RTO Rectification Support is $8,580.00.

4. Type of support that can be provided

4.1 RTO Rectification Support is particularly useful to undertake the following:

4.1.1 analysis and advice on the audit report findings,

4.1.2 review and advice on current documentation and arrangements,

4.1.3 provision of example templates where relevant to assist in responding to non-compliance,

4.1.4 guidance on remediation (if required),

4.1.5 review of additional evidence as it is being developed,

4.1.6 organisation of evidence for submission, and

4.1.7 preparation of the evidence summary to accompany the final submission.

5. Preliminary activities

5.1 Get in contact first. Before you commence this service, it is recommended that you make contact with Joe first to discuss your rectification requirements before proceeding with this service. Joe will usually request to see a copy of the audit report to advise on the viability of responding. Some audit finding are beyond rectification, so it is important to contact us first. During the service, you will be working directly with Joe, so it is important that have an opportunity to meet and be comfortable that you will be able to work together. Joe will ask you lots of questions about the audit findings and suggest an approach he would recommend on moving forward.

5.2 Skill 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 the evidence during the scope of this work. There is simply no time for this. Put together a team of smart and capable people who are responsive and can work with a sense of urgency. 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.

5.3 Registered business. This services is only delivered as a business to business transaction. A valid ABN, entity details and contact details must be supplied in the purchase form.

5.4 File sharing. We will often want to set up a shared dropbox with you so that we can share files and colaborate in their development. If you do not currently have an account on Dropbox, you can establish a free account here (click).

6. Communication

6.1 During this service, we are going to be communicating a lot. It is important that we have some ground rules for how communication will work and what to expect. In general, we have the following preferences and guidelines for communications:

6.1.1 The preferred method of communicating with Joe is email. We use email to give advice, receive your questions and documents for review. If you send a document to Joe for review, maybe allow 3-4 days for a response with feedback.

6.1.2 We prefer not to use text messages to communicate unless it is something super urgent like letting us know you are running late for a zoom or something like that. Joe may send you a text if he is running late. We do not provide consulting advice over text and if you send Joe a text asking this, he will revert you back to email.

6.1.3 We do not communicate through any form of social media (such as Linkedin chat, Facebook Messenger), ever.

6.1.4 All scheduled meetings are conducted on Zoom. Sometimes depending how the data is performing, we may talk on the phone and share a screen on Zoom. We can also use Teams, but prefer Zoom. We generally have a 30-60 minutes meetings on a frequency based on your needs. Most clients like to schedule a meeting week-to-week or we can schedule a fixed reoccurring meeting. If you have some burning issue, we can generally schedule an ad-hoc meeting most days, even if for 15-30 minutes. Joe schedules meeting Mon-Thu 9:00 am to 4:00 pm and Fri 9:00 am – 2:00 pm. These meeting are your meetings. So, you drive the agenda to discuss the issues and questions you have based on your requirements.

6.1.5 Timings, you can send us an email anytime you like. Joe often responds to email early morning between 4-7 am. Joe will monitor emails virtually every waking hour but will generally not respond to emails after 5 pm. Joe also will generally not respond to emails on the weekend unless it is something super urgent.

6.1.6 Please be aware that Joe uses voice recognition software to virtually write everything. This includes emails and whilst he generally does a quick proof read before sending, sometimes he will not have time and would prefer to send you a reply with advice  rather than delaying. Please excuse any minor software interpretation errors.

6.1.7 We use email, phone, Zoom and Teams to communicate. That’s it. Please do not request that we subscribe to some new collaboration platform as this will be declined.

6.1.8 We all need to keep our communication courteous and professional. We should give each other the time to talk and make their point and try to avoid talking over the top of each other. We will have robust discussions and sometimes we may not completely agree. That is ok, as long as we respect each other’s opinion and work toward finding a middle ground way forward.

7. What we do not do in supplying RTO Rectification Support

7.1 It is critically important to note that Newbery Consulting provide advice only during this service. In addition to our advice, we are happy to provide examples of documents you are working on to guide your development but only if we have these available at the time. We are expert consultants in vocational education and training and compliance with the Standards for RTOs 2015 and the National Code of Practice for Providers of Education and Training to Overseas Students 2018. We are not business consultants, financial advisors, realestate agents, building certifiers, legal advisors or accountants. We are very disciplined at staying in our lane and recommend that you always seek advice from those qualified and experienced to provide it. If you seek advice about something that is outside our area of expertise, Joe will simply advise you that this is not something he can advise you on.

7.3 It is important to note that during this service Newbery Consulting do not:

7.3.1 develop your learning and assessment strategies, tools or resources,

7.3.2 customise your policies and procedures or forms and tools,

7.3.3 provide advice or support in business development or financial planning,

7.3.4 provide advice on building approval for BCA or local government requirements,

7.3.5 provide advice on building rental or lease terms and agreements,

7.3.6 provide advice or support to your financial viability risk assessment,

7.3.7 provide support or consultation on site or at your premises,

7.3.8 develop accredited course document or units,

7.3.9 provide you with legal advice, and

7.3.10 provide services which can be construed as a High Managerial Agent.

8. Disclaimer

8.1 Newbery Consulting makes the RTO Rectification Support service available on the understanding that Clients’ exercise their own skill and care with respect to its use. Before relying on the advice provided in this service in any important matter, clients 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.

9. Refunds

9.1 If you wish to cancel the service you can simply advise Newbery Consulting of this decision via email at: enquiries@newberyconsulting.com.au.

9.2 No refunds whatsoever will be given for a cancelled services where initial consultation has already commenced. Prior to any consultation being provided, you are entitled to receive a full refund of the payment made to Newbery Consulting. Consultation includes any meeting via phone or video conference or providing advice via email. If you change your mind and would like a refund prior to any consultation being provided, then notify us immediately. Businesses should be aware of their rights as a business consumer by reviewing the information at the ACCC Business Rights page (click).

9.3 The following are not valid grounds for a business to request a refund:

9.3.1 has changed its mind,

9.3.2 has experienced a change in circumstances,

9.3.3 failed to plan prior to commencing the service,

9.3.4 has experienced a change in market conditions,

9.3.5 has insufficient time and resources to progress,

9.3.6 could not satisfy fit and proper person requirements,

9.3.7 could not demonstrate financial viability,

9.2.8 do not have sufficient skill and capacity,

9.3.9 could not recruit competent and current trainers,

9.3.10 has decided to engage a different consultant,

9.3.11 chooses not to use either part or all of the  services, or

9.3.12 have discovered a new business opportunity.

10. Refusal, Cancellation or Cessation of Service

10.1 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:

10.1.1 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 without warning.

10.1.2 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 service without warning.

10.1.3 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 the national VET regulator. Failure to follow the advice provided by Newbery Consulting will result in the cancellation of the service after fair warning has been provided.

10.1.4 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 the cancellation of the service after fair warning has been provided.

11. Confidentiality

11.1 Newbery Consulting agrees that any information received by it during the provision of services relating to your organisation, operational or commercial affairs is “Confidential Information” 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.

11.2 Newbery Consulting acknowledge that the Confidential Information that is held or owned by the Client is valuable proprietary information and that harm may be caused to the Client by its disclosure.

11.3 Newbery Consulting agrees to hold in strictest confidence the Confidential Information and not to divulge, provide or otherwise make available or to allow any of its employees, agents, sub-contractors or representatives to divulge, provide or otherwise to make available to any person in whole or in part, any of the Confidential Information other than:

11.3.1 with the prior written consent of the Client;

11.3.2 by operation of law provided that all available legal steps have been taken to prevent or limit such disclosure;

11.3.3 to use and to ensure that its employees, agents, sub-contractors and representatives use the Confidential Information solely for the purpose of this agreement.

11.3.4 to take or cause to be taken such precautions as may be reasonably required by the Client to maintain the secrecy and confidentiality of the Confidential Information and to prevent its disclosure.

11.4 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 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 will comply with written notices issued by the National VET Regulator.

12. Waiver of Liability

12.1 By accessing the RTO Rectification Support services, 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.

13. Acknowledgement of Terms and Conditions

13.1 By purchasing the RTO 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.

Published – 30th June 2018

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