VOCTEC PTY. LTD. TRADING AS IPS INSTITUTE
1 – THE PARTIES VOCTEC Pty. Ltd. Trading as IPS Institute (A.C.N. 30 075 249 348) and The Student.
2 – DEFINITIONS 2.1. The Student is the named person who is to receive the benefit of the Services. 2.2. The Enrolment is a reference to any request for the provision of the Services by the Student to IPS Institute, which has been accepted by IPS Institute. 2.3. The Services are the supply of nationally accredited online courses. 2.4. The Premises is any place in which the Services are to be provided. 2.5. The Price is the prevailing rate for the Services as detailed on the IPS Institute’s website upon enrolling in a course. 2.6. Reference to loss and damage herein includes Indirect, Special, or Consequential loss and/or damage. Indirect, Special, or Consequential loss and/or damage includes i) any loss of income profit or business; ii) any loss of goodwill or reputation; iii) any loss of value of the intellectual property. 2.7. A major failure is as defined under the Competition and Consumer Act 2010. 2.8. GST refers to Goods and Services tax under the A New Tax System (Goods and Services Tax) Act 1999 (“the GST Act”) and terms used herein have the meanings contained within the GST Act.
4 – FEE SCHEDULE AND ENROLMENT 4.1. An enrolment form must be submitted to IPS Institute for each individual Student before the Student can be accepted by IPS Institute. 4.2. IPS Institute charges the prevailing Price for the Services provided in each course as detailed on IPS Institute’s website. 4.3. The Student acknowledges that: 4.3.1. IPS Institute may change the prevailing Price for the Services as detailed on their website from time to time but that any such change will not be effective until the commencement of a new course. 4.3.2. IPS Institute displays the prevailing Price for the Services on its website and the Student is deemed to have notice of any amendment to the prevailing Price when enrolling with IPS Institute or when confirming enrolment for a subsequent or successive course. 4.4. GST will be charged on the Services provided by IPS Institute that attract GST at the applicable rate. 4.5. All prices are based on taxes and statutory charges. Should these vary during the period from the date of enrolment to the date of the invoice or statement, the difference will become the responsibility of the Student and the Student will be invoiced for the extra charge by IPS Institute.
5 – PROVISION OF THE SERVICES 5.1. IPS Institute reserves the right to decline to enrol the Student at its discretion. 5.2. The Student acknowledges that they have read IPS Institute’s Student Handbook which sets out the IPS Institute’s Disciplinary Procedures and Code of Conduct and agrees as follows: 5.2.1. To abide by the IPS Institute’s Code of Conduct as detailed in the Student Handbook; 5.2.2. That the failure of the Student to abide by the IPS Institute’s Code of Conduct may result in the immediate suspension or expulsion of the Student from IPS Institute. 5.2.3. That IPS Institute may amend the Code of Conduct from time to time, IPS Institute displays the prevailing Code of Conduct in its Student Handbook and the Student is deemed to have notice of any amendment to the Code of Conduct. 5.3. Subject to otherwise complying with its obligations under the Agreement, IPS Institute shall exercise its independent discretion as to its most appropriate and effective manner of providing the Services and of satisfying the Student’s expectations of those Services.
6 – PAYMENT POLICY 6.1. Students have the following two options for payment: 6.1.1. Online payment in full immediately after registration. 6.1.2. Payment via a payment plan to be registered immediately after registration. 6.2. Students who choose to pay via a payment plan are required to agree to a Direct Debit Service Agreement with IPS Institute and acknowledge the conditions set out therein.
7 – DEFAULT 7.1. For the purposes of this clause 7, the “default date” is the day after the due date; and the “outstanding balance” is the Price, less any part-payments made by the Student prior to the default date. After the default date, the outstanding balance shall include, all applicable fees and charges under this Agreement; 7.2. To the extent permitted by law, if IPS Institute does not receive the outstanding balance on or before the default date the Student acknowledges and agrees that: 7.2.1. The Student will be liable for interest on the outstanding balance at the rate of twelve per centum (12%) per annum; 7.2.2. The Student will be liable for a monthly account keeping fee of $30.00 for every month that monies remain outstanding; 7.2.3. In the event IPS Institute refers the Student to a debt collection agency and/or law firm for collection of the outstanding balance, the Student shall be liable for the recovery costs incurred, and if the agency charges commission on a contingency basis the Student shall be liable to pay as a liquidated debt, the commission payable by IPS Institute to the agency, fixed at the rate charged by the agency from time to time as if the agency has achieved one hundred percent recovery and the following formula shall apply: Total Debt including Commission and GST = Original Debt x 100 100 – Commission % charged by the agency (including GST) 7.2.4. In the event where the debt recovery agency is employed the Student will be liable for the commission, the agency will charge. 7.2.5. In the event where IPS Institute or IPS Institute’s agency refers the overdue account to a lawyer, the Student shall also pay as a liquidated debt the charges reasonably made or claimed by the lawyer on an indemnity basis.
8 – RISK AND LIABILITY 8.1. The Student acknowledges that IPS Institute shall not be liable for and the Student releases IPS Institute from any loss and damage incurred as a result of delay or failure to observe any of these conditions due to an event of force majeure, being any cause or circumstance beyond IPS Institute’s reasonable control. 8.2. IPS Institute will not be held responsible, and the Student releases IPS Institute from any loss or damage, howsoever arising due to a failure by the Student to adhere to these Terms and Conditions or IPS Institute’s Student Handbook.
9 – WARRANTY 9.1. IPS Institute does not purport to restrict, modify or exclude any liability that cannot be excluded under the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) as may be amended from time to time.
10 – TERMINATION AND CANCELLATION Cancellation by IPS Institute 10.1. At IPS Institute’s discretion, it may cancel any enrolment to which these Terms and Conditions apply before the commencement of the course by giving notice to the Student. On giving such notice IPS Institute shall repay to the Student any sums paid in advance of the Price for that course. 10.2. During the duration of the course, IPS Institute may not cancel the Student’s enrolment save for the except in the event that the Student: 10.2.1. Becomes insolvent, convenes a meeting with creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors. 10.3. IPS Institute shall not be liable to the Student for any loss and damage whatsoever arising from a cancellation of enrolment in accordance with these Terms and Conditions and the Student Handbook. 10.4. Without prejudice to IPS Institute’s other remedies at law, in the event that IPS Institute cancels the Student’s enrolment during the course by virtue of the Student’s insolvency then the prevailing Price for that course whether or not due on the day of cancellation shall become immediately payable by the Student; and the date of cancellation shall be taken as the due date. Cancellation by Student 10.5. The Student may cancel their enrolment and withdraw from their course within thirty (30) days of their date of enrolment by providing written notice to IPS Institute. In the event that the Student withdraws from the course within thirty (30) days, they will incur a $200.00 administrative fee and be liable for the prevailing Price of the Services for the entire course and the date of cancellation shall be taken as the due date.
11 – ENTIRE AGREEMENT 11.1. The Agreement as defined herein constitutes the whole agreement between the Student and IPS Institute. 11.2. The Agreement is deemed to be made in the State of Queensland and all disputes hereunder shall be determined by the appropriate courts of Queensland. 11.3. All prior discussions and negotiations are merged within this document and IPS Institute expressly waive all prior representations made by him or on his behalf that are in conflict with any clauses in this document in any way. 11.4. Nothing in these Terms and Conditions is intended to have the effect of contravening any applicable provisions of the Competition and Consumer Act 2010 or the Fair Trading Acts in each of the States and Territories of Australia.