Consulting Support – Terms and Conditions
When you submit the purchase order for consulting service, 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. These terms and conditions are applicable to consulting services advertised as RTO Support, Change of Ownership, Rectification Support, Audit, Desk Audit and Accredited Course Concept Proposal.
Consulting Support service is simply a way of allocating an amount of time to be used by the client to obtain advice from Newbery Consulting. This package includes allocation of 8 hours . The objective of this package is to provide the client the necessary tools and timely advice to navigate their compliance responsibilities. You may utilise these hours at any time during this process; however, you are recommended to take a planned and deliberate approach to gain the maximum benefit from this time. RTO support is delivered remotely typically using teleconference. You are recommended to schedule support sessions of a one-hour duration at certain points where you have evidence to review or particular advice to seek. You are able to purchase additional support time at any point .
The RTO Support is particularly useful to undertake the following:
- providing advice about the establishment of the course training and assessment strategy
- review of learning and assessment resources with the client
- responding to questions about the regulatory process
- educating the client on the requirements of the RTO standards
- preparing the client to engage in the audit process
- reviewing and providing advice on application evidence
- responding to non-compliance identified during audit
The RTO 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 RTO 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 to your operation
- provide any advice or support to the development of your business and financial plan
- provide any advice or support to your financial viability risk assessment
- provide any support or consultation on site or at your premises
- develop application evidence on your behalf
- attend audits or communicate on your behalf to the National VET Regulator
- provide support toward RTO Registration as we have a specific service for this
- provide any services which can be construed as a High Managerial Agent
- provide any legal advice
- provide expert witness statements or appearances
It is critically important to note that Newbery Consulting provide advice only during this service. We are happy to provide examples and give you advice but do not undertake evidence development on your behalf.
Please note. RTO Support or the general consulting support service is not available to assist clients with rectifying their non-compliance in connection with an RTO registration application, where this has occurred outside of or separate to our RTO Registration service. For clients who have attempted to register an RTO themselves or with another consultant and have non-compliance with their application, please refer to the following service RTO Rectification Support.
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 RTO 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.
If you wish to cancel the service you can simply advise Newbery Consulting of this decision via email at: email@example.com
No refunds whatsoever will be given for a cancelled services.
All services must be utilised within 12 months from the date of purchase or the value of the unused service (or any portion thereof) is forfeited and not refundable. Newbery Consulting is not liable where the service was not utilised due to any circumstances.
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 audit. 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 RTO 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.
Acknowledgement of Terms and Conditions
By purchasing the RTO 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
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