English Focus - Client Terms and Conditions
1) Notices
a) Any communication regarding the Services detailed in these terms and conditions are to be directed to:
Kirsty Gardner
E-mail: kirsty@english-focus.com.au
Phone: 0414 443673
2) Services
a) English Focus specialises in providing face-to-face corporate English language training courses.
b) English Focus will provide suitably qualified teachers to carry out the services outlined in 2a) above. Requests by the Client for teacher changes part way through the course will not be accepted.
c) Training courses are to take place on the Client’s premises or an alternative location agreed between English Focus and the Client. English Focus is not liable for any costs incurred by the Client for running the training course, including but not limited to venue hire, course refreshments etc.
3) Service Fee
a) The Service Fee includes:
i) Preparation by the teacher for each training course/lesson
ii) provision of a training course teacher
iii) communications between lessons e.g. phone calls and e-mails
iv) course/lesson materials
b) All quoted Fees exclude GST except where stated.
c) Fees plus applicable GST are to be paid in full 28 days prior to the scheduled start date of the training course or within seven working days of receipt by Client of the Agreement Invoice if this is issued less than 28 days prior to the scheduled start date.
d) English Focus is not liable for any costs incurred by the student attending the training course including but not limited to travel and accommodation.
4) Course Cancellation
a) English Focus reserves the right to cancel the training course in the event that the Client fails to pay the fees in accordance with the above clause 3c.
b) The Client must provide the English Focus contact detailed in clause 1a above written notification of any training course cancellations.
c) The following training course cancellation fees apply:
i) Written notification of cancellation received 28 days or more prior to the agreed start date of the training course – no cancellation charge.
ii) Written notification of cancellation received within 28 days of the agreed start date of the training course – 40% of the total course Fee including GST will be retained by English Focus.
iii) Written notification of cancellation received on or after the agreed start date of training course – 100% of the total Fee including GST will be retained by English Focus.
d) English Focus reserves the right to cancel the training course ‘in extremis’. Should cancellation occur for this reason then English Focus will refund to the Client the amount of the Fee including GST equivalent to the remaining lessons in the training course.
5) Lesson Cancellation
a) Lessons will be scheduled in advance at an agreed time which suits both student and teacher.
b) Once agreed, no changes will be made to the date and time of scheduled lessons within the period of the course except as outlined in 5e below.
c) No rescheduling will take place nor will concession be made for late arrival of the student to a lesson.
d) If the Student is unable to attend any lesson, then the Teacher should be notified as early as possible.
e) In the unlikely event of a teacher being unable to take a lesson due to unforeseen circumstances, including but not limited to illness, then English Focus reserves the right to provide a substitute teacher and/or re-schedule the lesson as required.
6) Minimum and Maximum Class Numbers
a) In the event that there are one or two participants enrolled on a course, English Focus reserves the right to enroll these students in an equivalent course together with other students.
b) Unless otherwise agreed, no class will contain more than ten students
7) Confidential Information
a) In the course of providing the Services, English Focus (receiving party) and its respective employees, agents and contractors may gain access to information which is confidential to the Client (disclosing party), including (without limitation) information about the disclosing party’s company, organisation, internal structure, processes, business practices and financial affairs (the Confidential Information).
b) Receiving party must not, and must procure that its employees, agents and contractors do not, use or disclose any of the Confidential Information other than for the purpose of providing the Services to the disclosing party.
c) This clause does not preclude disclosure by the receiving party of Confidential Information if and to the extent that:
i) Disclosure is required by law; or
ii) Confidential information is or becomes known to the public other than as a consequence of a breach by the receiving party of its obligations of confidentiality under these terms and conditions
d) The receiving party’s obligations under this clause will continue to apply after the Services have been provided or cancelled for a period of three years.
8) Intellectual Property Rights and Material
a) English Focus warrants that it has (or will have at the relevant time procured) all rights and permissions necessary with respect to use or disposal of, or dealing with, any materials for the purposes of providing the Services.
b) The Client agrees that all right, title and interest in and to any intellectual property rights associated with or inherent in materials produced by English Focus in the course of providing the Services, in whatever form or medium they may be created or stored, vest with English Focus.
c) The Client acknowledges that, except as instructed by English Focus, it is not authorised to reproduce or distribute to any third party any copies of the course material (or parts thereof).
9) Insurance
a) The Client is expected to have its own insurance and English Focus accepts no liability whatsoever.
10) General
a) These terms and conditions contain the entire agreement between English Focus and the Client concerning its subject matter and supercedes all previous agreements and understandings between the parties in respect to the subject matter.
b) These terms and conditions are governed by the laws of New South Wales.
c) Payment by the Client to English Focus of the Fee shall be deemed to constitute acceptance of these Terms and Conditions.
Definitions
‘Client’ means the addressee shown on the attached Agreement Invoice.
‘In extremis’ means events occurring beyond reasonable control of English Focus, when such events prevent performance of the Services under the agreement.
‘Lesson’ means a period of instruction of a length as defined on the Agreement Invoice
‘Services’ are defined as those provided in clause 2a) above
‘Service Fee’ means the amount set out in the Agreement Invoice presented to the Client in accordance with clause 3 above
‘Training Course’ means an agreed number of lessons within an agreed period of time.