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Construction Site Safety Consultation

Protective and Safety Services Pty Ltd (P.A.S.S.)
Standard Terms and Conditions of Enrolment and Payment for Public Courses & Corporate Course
17th September 2024

1. Application and Enrolment

1.1 Enrolment in any P.A.S.S. course is provisional until full payment is received from non-account customers or a purchase order is provided by account customers.

1.2 Non-Account Customers: Full payment is required at least 5 days before the commencement of training. Enrolment will be considered confirmed only upon receipt of the full payment.

1.3 Account Customers: Payment terms for account customers are set at 14 days post-training completion. Any deviation from these terms must be approved in writing by the Managing Director.

1.4 Course Availability: All course enrolments are subject to availability and minimum participant numbers. P.A.S.S. reserves the right to reschedule or cancel courses if these conditions are not met. In such cases, participants will be offered an alternative date or a full refund.

1.5 ASQA Compliance: To comply with Australian Skills Quality Authority (ASQA) requirements, all trainees enrolling in nationally recognized training courses must provide a valid Unique Student Identifier (USI) at the time of enrolment.

1.6 Fee Transparency: All course fees, incidental fees, and additional charges will be clearly communicated to prospective and current students prior to enrolment. This information will be made publicly accessible.

2. Payment Terms

2.1 All orders for goods and services provided by P.A.S.S. are subject to confirmation upon receipt of the order. A written confirmation will be sent to the client to finalise the order details, including the description of goods or services, delivery schedules and applicable fees.

2.2 Non-Account Customers: Full payment must be made no later than 5 days before the start date of the course. Accepted payment methods include credit card, electronic funds transfer (EFT), direct debit, and instalment plans. 2.3 Account Customers: Invoices will be issued to account customers upon completion of the training, with payment due within 14 days of the invoice date.

2.4 Fee Protection Measures: P.A.S.S. will implement fee protection measures for all fees paid in advance, particularly for amounts exceeding $1,500 per student, in accordance with RTO standards.

2.5 Variations to Payment Terms: Any variations to the standard payment terms are at the sole discretion of the Managing Director and must be agreed upon in writing prior to the course commencement.

2.6 Failure to Adhere: Failure to adhere to the payment terms may result in cancellation of the enrolment and the application of relevant cancellation fees.

3. Cancellation and Refund Policy

3.1 Cancellation by P.A.S.S.:

3.1.1 P.A.S.S. reserves the right to cancel or reschedule any course due to unforeseen circumstances, such as insufficient enrolments or trainer availability. In such cases, participants will be given the option to attend the course on an alternative date or receive a full refund of any fees paid. Refunds will be processed automatically.

3.1.2 P.A.S.S. is not liable for any additional costs incurred by participants as a result of course cancellations, including travel or accommodation expenses.

3.2 Cancellation by the Client: 3.2.1 Cancellations must be made in writing (email or online refund request form) and are subject to the following fees:

· 7 or More Days’ Notice: No charge, and a full refund of fees paid.

· Less than 7 Days' Notice: 50% of the total fee will be charged.

· Cancellation Upon Delivery: 100% of the total fee will be charged.

3.2.2 Refunds will be processed in accordance with P.A.S.S refund policy recommendations, ensuring compliance with regulatory requirements. Refunds will typically be processed within 1-4 weeks of receiving a valid request and will be credited to the original payment method.​

3.2.3 Non-Refundable Fees: A $200 administration fee applies to certain refund requests (e.g., enrolment cancellation, withdrawal after the refund period).

3.3 Requesting a Refund: 3.3.1 All refund requests must be submitted via email to bookings@pass.net.au

A refund request form will be provided. This form must be completed and returned to P.A.S.S. for processing.

4. Transfers and Substitutions

​4.1 Participants may request a transfer to another course date by providing notice at least 5 days prior to the scheduled course start date. Transfers requested within this timeframe will not incur additional charges.

4.2 Transfers requested less than 5 days before the course commencement may incur a processing fee equivalent to 25% of the course fee, subject to approval by the Managing Director.

4.3 Substitutions of participants are allowed at no additional cost, provided the new participant meets all the prerequisites for the course and P.A.S.S. is notified before the course commences.

5. Course Certification

5.1 Certificates of completion will only be issued to participants who successfully complete all required components of the course, including assessments, practical exercises, and attendance requirements.

5.2 If a participant does not meet the required standards, P.A.S.S. offers one free opportunity for remediation within 90 days of the original course date. Subsequent remediation attempts may incur additional fees.

6. Client Responsibilities

6.1 Participants are expected to comply with all health and safety regulations, follow instructions provided by P.A.S.S. trainers, and participate in a manner that supports a positive learning environment.

6.2 P.A.S.S. reserves the right to remove any participant from the course who does not comply with these requirements, engages in disruptive behavior, or jeopardizes the safety of others. No refunds will be provided for participants removed under these circumstances.

7. Liability and Insurance

7.1 P.A.S.S. is not liable for any direct or indirect loss, damage, or injury resulting from participation in its courses, except where such liability is mandated by law.

7.2 Both P.A.S.S. and clients are required to maintain adequate insurance coverage throughout the course duration.

8. Force Majeure

8.1 P.A.S.S. will not be liable for any failure to perform its obligations where such failure is due to events beyond its reasonable control, including but not limited to natural disasters, strikes, pandemics, governmental actions, cyber-attacks, or changes in regulations.

9. Jurisdiction

9.1 These terms and conditions shall be governed by and construed in accordance with the laws of the jurisdiction in which the P.A.S.S. entity operates. Any disputes arising under these terms shall be subject to the exclusive jurisdiction of the courts in that jurisdiction.

10. Privacy and Data Protection

10.1 P.A.S.S. is committed to protecting the privacy of its clients and participants. Personal information collected during the enrolment process will be handled in accordance with our Privacy Policy and relevant data protection legislation.

10.2 Participants have the right to access and correct their personal information held by P.A.S.S.

11. Monitoring and Improvement

11.1 The compliance with these terms and conditions will be monitored by the designated Administration Coordinator, with oversight by senior management to ensure continuous improvement.

12. P.A.S.S. Goods and Services

12.1 Delivery of Goods and Services

12.1.1 Delivery Timeframes: P.A.S.S. will endeavour to deliver all goods within the estimated delivery timeframe provided at the time of order confirmation. Delivery delays due to unforeseen circumstances will be communicated to the client promptly.

12.1.2 Delivery Charges: All delivery charges are outlined in the order confirmation and will be borne by the client unless otherwise specified.

12.1.3 Client Responsibilities: Clients are responsible for providing accurate delivery information and ensuring that authorised personnel are available to receive the goods at the specified location.

12.1.4 P.A.S.S. will not be liable for any loss or damage due to incorrect delivery details provided by the client or if no authorised person is available to receive the goods.

12.2 Liability and Warranty – Goods and Services

12.2.1 P.A.S.S. warrants that all goods and services provided will conform to the agreed specifications and are free from material defects. This warranty is valid for 30 days from the date of delivery.

12.2.2 P.A.S.S.’s liability is limited to the repair, replacement or refund of the defective goods or services. P.A.S.S. is not liable for any indirect, incidental or consequential damages.

12.3 Refund and Return Policy – Goods and Services

Refunds for goods and services will be processed according to the following conditions:

· Defective or Damaged Goods: If goods are received in a defective or damaged condition, clients must notify P.A.S.S. in writing within 7 days of delivery. Upon verification, P.A.S.S. will provide a full refund or replacement at no additional cost.

· Services Not Provided: If P.A.S.S. is unable to deliver the services as agreed, clients will be offered an alternative service date or a full refund of fees paid.

· Change of Mind: Refunds for goods or services due to a change of mind are not permitted once the order has been confirmed.

13 Jurisdiction and Dispute Resolution

13.1 These terms and conditions for the provision of goods and services shall be governed by the laws of the jurisdiction in which P.A.S.S. operates. Any disputes shall be subject to the exclusive jurisdiction of the courts in that jurisdiction.

13.2 In the event of a dispute, both parties agree to make reasonable efforts to resolve the matter through mediation before pursuing legal action.

Contact Information

For any questions regarding these terms and conditions, please contact us at:

Protective and Safety Services Pty Ltd

Phone: 1800 467 277

Email: bookings@pass.net.au

Website: www.pass.net.au

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