- DEFINITIONS
AGENT refers to My Up Skills Pty Ltd (ABN 18 363 168 697) who assist the Client for the duration specified in clause 3 of this Agreement.
AGREEMENT refers to this ‘Client Service Agreement’.
APPLICATION is the submission or lodgement of the relevant document(s) required for the Client’s enrolment in the RTO, TAFE or University or for visa processing by the Agent’s Registered Migration Agent
ASSESSOR means a member appointed by the relevant Registered Training Organisation (‘RTO’), University or TAFE, who undertakes an evaluation of the Client’s application and makes a judgment about whether to accept or deny them from partaking education in the education provider.
CLIENT is XXXX, the party engaging the Agent for their services listed in clause 4 of this Agreement.
EDUCATIONAL PROVIDER means Registered Training Organisation (‘RTO’), Technical and Further Education (‘TAFE’) and Universities.
MARA means a migration agent registered with the Office of Migration Agents Registration Authority.
PARTY or PARTIES means the Agent and the Client.
REGISTERED TRAINING ORGANISATION (‘RTO’) is defined in section 3 of the National Vocation Educational and Training Regulator Act 2001 (Cth) as ‘a training organisation listed on the National Register as a training organisation’.
RECOGNITION OF PRIOR LEARNING (‘RPL’) is Recognition of prior learning (RPL) is a process that assesses your competency—acquired through formal and informal learning— to determine if you meet the requirements for a unit of study.
SUPPORTING DOCUMENTS means any information, documents, evidence, and materials requested from the Client and collated by the Agent to support the application sent to the RTO as clause of the eligibility assessment by the Assessor. This is different for each RTO, in which the Agent will notify the Client.
TECHNICAL AND FURTHER EDUCATION (‘TAFE’) means Colleges or Institutions which provide a wide range of predominantly vocational courses, mostly qualifying courses under the National Training System/Australian Qualifications Framework/Australian Quality Training Framework.
UNIVERISTY means a Higher Education Provider and has to meet strict requirements to become a self-accrediting authority through the Tertiary Education Quality and Standards Agency (TEQSA) in Australia.
2 RECITALS
2.1 This Agreement is between the Agent being My Up Skills Ltd (ABN 18 363 168 697) and the Client being XXXX.
2.2 My Up Skills Ltd (ABN 18 363 168 697) is an Agent who assists Clients in pursuing courses offered by different Educational Providers or provides guidance in choosing the right courses or right provider as per the Client’s needs or requirements. My Up Skills Ltd is an independent consultancy, which guides Client’s in preparing documents for the submission to the Educational Provider.
2.3 The Agent is assisting the Client with services detailed in clause 4 and of this Agreement. This includes collecting information, supporting documents, and submitting the Client’s Application to Educational Provider.
2.4 The Client agrees and acknowledges that the Assessor at the relevant Educational Provider will be responsible for evaluating the application which is determined according to their own institutional standards.
2.5 The Client agrees that the Agent will be indemnified as per clause 6 of this Agreement if any information in the documents arise from any misconduct by the Client.
2.6 Parties acknowledge that any breach of their duties and responsibilities arising from this Agreement will subject them to termination of this Agreement in accordance with clause 10 of this Agreement.
3 OPERATIVE PART
3.1 Parties will remain bound by this Agreement until it has expired. The Agreement will automatically expire upon the Agent receiving a final decision from the Assessor of the outcome of the Client’s Application and this is communicated in correspondence to the Client. This Agreement will cease then unless it is terminated earlier in accordance with clause 10 of this Agreement or mutually agreed upon by parties in writing.
3.2 Parties acknowledge that the Agent will perform their duties in accordance with clause 4 of this Agreement. It is not limited to collating information or relevant documents, sending the Application to the Educational Provider, providing a brief preliminary assessment of the Client’s eligibility, and collecting fees from the Client at the discretion of the Agent deemed necessary to affect their duties under this Agreement. The Agent will submit the Application following the Assessment Tools and Resources, criteria or other benchmarking materials provided by the Educational Provider. The Client is aware that the Agent is not an expert in verifying, examining, or authenticating the documents sent by the Client.
3.3 The Client understands that the Agent does not complete the assessment/s or documentation which determines the Client’s competency for the qualification or the subject they are applying for via RPL.
3.4 The Agent is responsible for lodging the Application by the submission date as prescribed by the Educational Provider unless the Client is delayed in sending any relevant information requested by the Agent.
3.5 The Client acknowledges that the Assessor of the Educational Provider can exercise their right to approve or reject any potential applications made by the Agent if the Client does not meet eligibility requirements as deemed by the relevant Assessor. The Educational Provider reserves all liability and responsibility of the outcome of the Application and will contact the Agent of the result. The Agent will then direct this communication to the Client. Should the Client be dissatisfied with the outcome of their Application, they bear all responsibility to contact the Educational Provider and resolve the matter without the intervention of the Agent. This will be outside the scope of the Agent’s duties listed in clause 4 of this Agreement.
3.6 The Client agrees to be liable for any information in the documents sent as clause of the Application which are considered fraudulent, misrepresentations, incorrect, deceptive, deceitful and/or dishonest. The Agent will be indemnified in this situation under clause 6 of this Agreement from any matter arising out of the misconduct done by the Client. The Client will be subject to the resolution processes determined under the policies of the Educational Provider and any legal ramifications.
3.7 The Client acknowledges that the Agent will assist the Client by providing options and information about courses, qualifications and training provided by Educational Providers. 3.8 The parties certify that they have the authority and legal capacity to enter this deed which they have considered in detail, and the consequences of which they understand, and which they have done freely.
4 SCOPE OF DUTIES
The Agent is to perform the following duties:
4.1 Provide the Client information about options and different courses offered by an Educational Provider;
4.2 Assist the Client complete the Educational Provider Application forms and contact the Educational Provider on the Client’s behalf;
4.3 Collect information from the Client in relation to the Application that is to be made to the Educational Provider;
4.4 Collate the materials obtained from the Client for the Application that is to be made to the Educational Provider;
4.5 Submit the documents and supporting materials to the Educational Provider by the submission date on behalf of the Client;
4.6 Use the materials from the Client in accordance with the relevant tools, instruments information received from the relevant Educational Provider to submit the Application; and
4.7 Correspond with and notify the Client of any communication received from the Educational Provider relating to the Application.
5 GENERAL WARRANTIES
5.1 Both parties undertake to act in good faith with respect to all matters relating to this Agreement.
5.2 Each Party must promptly do all things and execute all further instruments necessary to give full force and effect to this Agreement and their obligations under it.
5.3 Any failure or delay by a Party in exercising a power or right (either wholly or partially) in relation to this Agreement does not operate as a waiver or prevent that Party from exercising that power or right or any other power or right. A waiver must be in writing.
5.4 A party may not commence court proceedings relating to any dispute arising from, or in connection with, this Agreement (“Dispute”) without first meeting to seek (in good faith) to resolve the Dispute (unless that party is seeking urgent interlocutory relief, or the Dispute relates to compliance with this clause).
5.5 Any notice given under this Agreement must be in writing addressed to the relevant address last notified by the recipient to the parties. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
5.6 This Agreement is not intended to create a partnership, joint venture or employment relationship between the parties.
5.7 This Agreement contains the entire understanding between the parties, and supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter.
6 INDEMNITY
6.1 The Client must not submit any supporting materials or documents to the Agent where they have actual knowledge that they contain false, deceptive or misleading information. If the Client is found to be aware of the incorrect statements and inaccuracy of information in the supporting materials but submits it in the Application regardless, they will be deemed in breach of this Agreement and the Agent is entitled to terminate the Agreement pursuant to clause 10 of this Agreement.
6.2 When submitting the Application to the Educational Provider, the Agent is not guaranteeing that the Application will be accepted by the Educational Provider. 6.3 In preparing the supporting materials and collating relevant information including prospective required for the Application with the Educational Provider, the Agent assumes that all the information sent by the Client in correspondence and for the Application is: a. Correct;
- Accurate;
- Reliable;
- Plausible;
- Not misleading;
- Not fraudulent;
- Not deceptive; or
- Any other term surrounding dishonesty that can result in the Assessor rejecting the Application on grounds of forgery.
6.4 The Agent is indemnified from all recourse if Client is found submitting any documents pertaining to clause 6.2 and 6.3 of this Agreement. Any loss of profit, loss of benefit, loss of revenue, loss of business, loss of reputation, loss of use and/or less or corruption of data, whether under statute, contract, equity, tort, indemnity or other caused by the Client to the Educational Provider will be the responsibility of the Client to compensate for.
6.7 The Client will be responsible for paying any payable fees because of their delay as they are contributory to the late submission of their Application.
6.8 The Agent is only responsible for their own actions in the course of performing their duties as outlined in clause 4 of this Agreement.
7/ RPL SERVICES AND PAYMENTS
7.1 The Client acknowledges that clause 8 applies specifically to RPL’s.
7.2 In the event a deposit is paid by the Client to the Agent, the deposit will only be refunded to the Client as per the following:
- The Client notifies the Agent in writing that they no longer wish to proceed with the RPL service and submit a completed Refund Request Form toaccounts@myupskills.com.au. The Refund Request Form must be received by the Agent within four (4) weeks of the Client’s application date or before submission of the application for Assessment to a RTO, whichever is sooner; or
- an assessor from a RTO reviews the Client information and documentation provide within the Application Period, and determines that:
- The RTO is unable to issue the Client with a qualification; or
- Th Client is found to not be eligible to be issued with a qualification; and
- The Client is entitled to a refund under Australian Consumer Law (ACL) according to theCompetition and Consumer Act 2010(Cth).
7.3 The Client agrees that in all other circumstances, any deposit or Services fee paid by the Client is non-refundable. This includes delay caused by the Client, whereby the Client is unable to provide the information and documentation requested by the Agent within three (3) months of the date of application and payment of deposit. And the Client has not elected to seek refund of the deposit or full Services Fee, then that deposit or full service fee will be forfeited to the Agent.
7.4 The Client agrees and acknowledges that a non-refundable assessment fee(s) will be paid by the Client to the RTO. If an application is submitted to the RTO, the Agent will inform you prior using method of invoice or email correspondence, advising which fees are non refundable.
7.5 The Agent agrees they will not charge the Client for admission service(s) and all money will remain payable to the Educational Provider for the Offer Letter received or the Confirmation of Enrolment (COE), which is directly initiated by the Client. The Client acknowledges that the Agent may collect and pay the funds to the RPL and Educational Providers but will strictly adhere to the refund policy established by these institutions and Education Providers.
7.6 The Client agrees that after the three (3) month Application Period has lapsed, the deposit or full Service Fee will be forfeited to the Agent.
7.7 Refund requests can be declined at any time by the Agent in the event of regulatory changes governing the Agent and/or it’s partner RTO’s.
9.8 The Application Cancellation Form must be completed in full and submitted to accounts@myupskills.com.au within the Refund Period for the Agent to review.
7.9 All refunds will be made within 14 business days of the Agent receiving a completed Refund Request Form from the Client.
7.10 Should the Client wish to appeal the outcome of the Refund Request, the Client must email the Refund Request number and relevant information relating to the Client’s appeal to all of the following emails:
7.10.1 complaints@myupskills.com.au; and
7.10.2 accounts@myupskills.com.au; and
7.10.3 ceo@myupskills.com.au.
7.11 The Agent will provide a response to Client appeals within 14 business days from date of receipt.
7.12 Any documentations received from the RTO on behalf of the client will be stored by MyUpSkills for 8 weeks. If within the timeframe, MyUpSkills is unable to contact to the client to initiate the process to deliver the documents, the document will be returned to the RTO.
If the client would like to recover the document, an extra service fee of up to $100 is charged for MyUpSkills to repeat the process with the RTO.
8 TERMINATION
8.1 If the Client is considered in breach of this Agreement either by the clause 4 or 6, the Agent is permitted to under clause 10 to terminate this Agreement, then they must provide notice to the Client of their intention to terminate the Agreement.
8.2 If the Application is submitted prior to terminating this Agreement, then the Agent’s responsibilities under this Agreement cease and they stop acting in accordance with their duties in clause 4. However, the Assessor is to fulfil their duties in evaluating the Application and the Client is responsible to change all communicate to their nominated contact details.
8.3 If the Application has not been submitted and parties fail to come to a mutual agreement under clause 11 of this Agreement, then the Agent can either:
8.3.1 Charge the Client for the services which they have done thus far;
8.3.2 Cease their work for the Client without being financially liable for anything; or
8.3.3 Do any other work agreed upon between parties.
8.4 Upon termination of this Agreement or the Application being submitted and finalised by the Assessor, the Agent must return to the Client all hard copies of its confidential information delete electronic confidential information provided during the transaction.
9 DISPUTE RESOLUTION
9.1 If there is any dispute arising out of or in connection with this Agreement: 11.1.1 The party raising the dispute must notify the other party in writing that a dispute exists, with sufficient detail to enable the dispute to be considered;
9.1.2 The parties must then meet to discuss and attempt to resolve the dispute in good faith on a commercially realistic basis; and
9.1.3 If the dispute is not resolved after seven days from the Dispute Notice, the dispute is to be submitted to mediation in accordance with, and subject to, the Resolution Institute Mediation Rules.
9.2 Parties agree that in the event of any dispute, all reasonable efforts will be made to resolve the dispute in a professional, efficient, good faith and effective manner.
9.3 Parties agree that both will have a sufficient opportunity to present evidence in support of their case or position to the other.
9.4 If Parties do not mutually agree upon a satisfactory decision, then either Party can terminate the agreement pursuant to clause 10 and 11 of this Agreement.
9.5 Clause 11 prevents either party from commencing any proceedings at any time for urgent interim relief in any court or tribunal having jurisdiction over such action or proceeding.
10 CONFIDENTIALITY
The Parties agree to keep the terms of this Agreement confidential.
11 SEVERABILITY
This any provision of this Agreement is held invalid, unenforceable or illegal for any reason, the remainder of this Agreement has full force apart from such provision which shall be deemed deleted.
12 GOVERNING LAW
This Deed is governed by and must be construed in accordance with the Laws of Victoria and that of the Commonwealth of Australia. The Parties submit to the non-exclusive jurisdiction of the courts of that place and all courts which have jurisdiction to hear appeals from those courts. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia.
13 COUNTERPARTS
This Deed may be executed in any number of counterparts. All of such counterparts taken together shall be deemed to constitute the one instrument and the date of the agreement will be the date on which it is executed by the last party.