Terms & Conditions
It is important that you read and understand these terms and conditions, as you are legally agreeing to our terms and conditions. If you have any questions regarding our terms and conditions, you should contact us on enquirenow@vivacity.com.au prior to engaging our services or purchasing our products and/or services.
1. Acceptance
Acceptance of this engagement and of these terms may be made in any one of the following ways:
- by signing and returning a copy of this document;
- by giving us written instructions that you wish to go ahead with services outlined in your invoice;
- by accepting our quote;
- by paying your invoice including a deposit;
- By continuing to engage the services of Vivacity Team for package engagement that pre-dates the terms and conditions; or
- By utilising the website, for terms applicable to the use of the website.
2. Vivacity Team Responsibilities
We agree to:
- commence work once payment has been made in full, or once the deposit has been paid for RTO admin support services and we have been provided with the requisite information to commence;
- provide the services outlined in this agreement with due care and skill;
- carry out the services in a professional manner;
- be available to deliver the services upon reasonable notice;
- provide you with regular updates on the progress of your project/s;
- not use your records, resources or other information for personal gain at any time including beyond the period of this engagement;
- not solicit your customers for the provision of any services for a period of six (6) months after the end of this contract; and
- to abide by our Company Values:
- Fun, Fair and Flexible – To work within a fun, fair and flexible environment, with our clients and team
- Communicates open and honestly – To always be open and honest with our team and clients
- Above and beyond – To work above and beyond our set packages, providing outstanding customer service to our clients
- Quality over quantity – To focus on the quality of the products and services that we provide over the quantity of what is provided
- Ethical integrity – To act ethically with our terms and conditions and the legislative requirements, as well as act with integrity with everything that we do, including being honest and truthful with a focus on our moral obligations when working with our team and clients
3. Client Responsibilities (the Client)
You agree with the following:
- to pay your account in full prior to Vivacity Team commencing work, or in the case of a payment plan, you agree to the terms and conditions of the Payment Plan as identified in the payment gateway, including the timely payment of invoices.
- you will provide all the information Vivacity Team require or reasonably request to carry out our services, including completion of the request questionnaires relating to the project/s to be undertaken;
- you will respond to our communication within 48 hours;
- you are responsible for all the research and purchase of all training and assessment resources and tools required;
- you are responsible for all fees and charges required to be paid to ASQA or any other statutory authority;
- you are responsible for responding to all ASQA correspondence within 24 hours;
- you will provide access to a dedicated person (“the nominated person”) who will be reasonable for providing information relating to the project/s to be undertaken. The nominated person must have sufficient understanding of the project/s to enable them to respond to queries from Vivacity Team;
- you are responsible for ensuring that all accounts are paid in full within the timeframe specified on your invoice and/or Payment Plan (if applicable)
- to abide our Company Values:
- Fun, Fair and Flexible – To have fun with what we do, be fair in our decision making process and flexible with the constant changes within the training industry, including the regulatory requirements
- Communicates open and honestly – To always be open and honest about your operations with our team, including that you ensure that we have a clear outline of your operations as they relate to the projects to be undertaken with Vivacity Team
- Above and beyond – To go above and beyond with responding to our requests and taking a proactive approach for your organisation
- Quality over quantity – To focus on the quality of the information provided to Vivacity Team, including the information provided to Vivacity Team through the initial project questionnaires, and in the responses provided to queries.
- Ethical integrity – To always act ethically against the terms and conditions of this agreement and in line with State and Commonwealth legislation and regulatory requirements, including the Standards for Registered Training Organisations and the National Code 2018. To not mislead Vivacity Team, your students or the regulator.
- to abide by the Terms and Conditions set out in this document.
- not to solicit or offer to employ members of Vivacity Team.
4. Copyright
Vivacity Team retains the copyright for all policies, procedures, forms, and documentation provided by Vivacity Team to you, (“the copyright material”). No part of the copyright material may be reproduced by you except in accordance with the Copyright Act 1968 (Cth), the terms of the license granted in this agreement, or written permission from Vivacity Team.
5. Licence
The licence that the licensee holds with Vivacity Team includes publications, systems and documentation associated with Vivacity Team’s products and services, including documentation that is included within Vivacity’s Packages.
The licensee is entitled to print, copy and amend publications, systems and documentation provided by Vivacity as part of their licence, for the purpose of contextualising the documentation that is included within Vivacity Team’s Packages.
The licensee is NOT entitled to distribute or disseminate Vivacity Team’s copyrighted material to any other person except for the purposes of providing training in the course of your business or for the purposes of obtaining and maintaining registration with the appropriate regulatory and industry bodies. All copyrighted material that you distribute or disseminate pursuant to this licence must be in an unamendable format (such as paper copies or locked PDF format). The licensee is NOT entitled to distribute or disseminate the copyright material over the internet or in an unrestricted public domain where it is likely to be freely distributed and copied by others.
The licensee is not entitled to distribute or communicate this material either as a product or a service. The licensee is not entitled to charge a fee for distribution or communication of this material. This licensee must take all care to prevent the distribution of this publication to other parties who may not respect the requirement of this license or the copyright.
The licensee agrees to:
- Take all reasonable care to prevent the distribution and dissemination of the copyright material by third parties
- Not extend this license to any subsidiaries, ventures or parent organisations of the licensee
- Warrant that they are entitled to grant license and that a licensee’s exercise of the license will not infringe third party rights.
Vivacity Team warrants that it is entitled to grant this license and that the exercise of your rights under this license does not infringe any third party rights.
6. Disclaimer
Vivacity Team makes available the materials on the understanding that the users exercise their own skills and care with respect to its use. Before relying on the material in any important matter, users should carefully evaluate the accuracy, completeness, and relevance of the information for their purposes and should obtain appropriate professional advice relevant to their circumstances. The material within a publication may include views of Vivacity Team or indicate its commitment to a particular course of action.
Links to other publications may be inserted for convenience and do not constitute an endorsement of material within those publications or any associated organisation, product or service. These external information sources are outside the control of Vivacity Team. It is the responsibility of users to make their own decisions about the accuracy, currency, and reliability of the information at those sites.
By accessing information through Vivacity’s publications the licensee waives and releases Vivacity to the full extent permitted by law from any and all claims relating to the usage of the material made available through the publication. In no circumstances shall Vivacity Team be liable for any incident or consequential damages resulting from the use of these materials.
Except as provided by law, the Website is provided “as is” and without any express or implied warranty of any kind.
Vivacity Team does not warrant that access to or use of the Website will be uninterrupted or error-free or that the Website or any material on or accessible through the Website is free from errors or viruses, worms, trojan horses or other harmful components.
You acknowledge that your access to and use of the Website (including the software operating in connection with the Website) may be interfered with by numerous factors outside of Vivacity Team’s control.
Vivacity Team does not warrant anything about the reliability, accuracy, completeness, timeliness, quality, physical state or suitability for a particular purpose of any material on or accessible through the Website.
You accept all risks and responsibility for all loss, damage, costs and other consequences resulting from using the Website or the material on or accessible through the Website.
7. Intellectual Property
Vivacity Team reserves ownership of the intellectual property in any systems, publications and documentation that Vivacity Team produces and provides to you, including for the purposes of improving or augmenting any of your systems and documents that we develop. Vivacity Team grant you a non-exclusive licence to fully exploit and assign the systems, publications and documentation created for your organisation, for the sole purpose of your organisation utilising and implementing our publications, documentation and systems within your organisation as the licensee of our products.
The licence to utilise the Vivacity Team systems, publications and documentation is provided to the organisation named within this document, this does not give the right to the organisation to release Vivacity Team systems, publications and documentation to any other party without written permission from Vivacity Team.
The licence does not give the Client the right to either sell our systems, publications or documentation, nor does it give the Client the right to share our intellectual property with any other third party. Legal action will be taken by Vivacity Team if it is found that our materials have been provided to a third party without written permission from the CEO of Vivacity Team.
8. Website Content
You understand and agree that all material, information and data accessed or used by, or provided to, you through the Website (the Website Content) is the intellectual property of Vivacity Team or any relevant third parties from whom Vivacity Team may license that Website Content.
You may not modify, rent, lease, loan, sell, distribute or create derivative works based on any of the Website Content (either in whole or in part) unless you have been specifically told that you may do so by Vivacity Team or by the owners of that Website Content, in a separate agreement.
You understand that by using the Website you may be exposed to Website Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Website, including obtaining and using any information, products and services, at your own risk.
9. Warranty
Vivacity Team will make every effort to ensure that all materials developed by Vivacity Team (including forms and documentation) will be found compliant with regulatory audits. If they are found not compliant at a regulatory audit we will rectify all Vivacity documentation in accordance with the audit requirements at no additional cost, if the non-compliance was a direct result of the content contained within the offending documentation. This warranty does not apply if the organisation has implemented the documentation in a manner other than that stated in the offending documentation and does not extend beyond documentation prepared by Vivacity Team.
10. Privacy
In line with the Privacy Protection Act 2012 (Cth) and Privacy Act 1998 (Cth), Vivacity Team will not share any of your contact details with any other organisation without first obtaining written consent from an authorised representative of your organisation. The full Privacy Policy can be viewed at https://www.vivacity.team/privacy/
All information collected will be used in accordance with the requirements of the Australian Privacy Principles.
11. Confidentiality
Subject to law, Vivacity Team will not disclose to any person the following information:
- your financial affairs, commercial plans or trade secrets;
- confidential information of your products, services or customers;
- information relating to your employees and consultants;
- any other information which is confidential, and which is gained in the course of providing services to you.
This duty of confidentiality applies both during and after the term and is in addition to any other obligation at law.
12. Obligations under agreement
Where you consist of more than one person or company then your obligations under this engagement bind each of you jointly and severally.
13. Prior Terms
These terms supersede any prior terms, representations, or warranties.
14. Termination
You may terminate this engagement by giving 14 days’ notice without the need to give any reason.
We may terminate this engagement by giving you 7 days’ notice if you have breached this agreement and you have failed to remedy the breach within 7 days of our notifying you of the breach, or if you fail to follow our advice in relation to a significant matter within the ambit of our engagement by you. If the breach is deemed to be a serious breach, Vivacity Team may immediately terminate this agreement.
If this agreement is terminated, you must pay for the goods and services that we have provided to you up to the termination date and/or forfeit all fees paid to Vivacity Team up to and including the termination date, this includes fees paid via a Payment Plan. If additional work, above that of your monthly cap has been completed without payment, you must pay for the services rendered, calculated as a pro-rated rate. If additional payment is required upon termination, Vivacity Team will provide a breakdown of the costs incurred.
15. Warning and termination process
Clients are encouraged to engage with their Outsourcing Services at least once per week through the ticketing request portal. Clients who are consistently unresponsive and uncommunicative will be sent a warning email with the view to get the client project/s back on track. If there is no change to the communication, a second email will be issued with a view to re-engaging the client. If this second warning fails to get a response, Vivacity Team will terminate the agreement without a refund. Clients who do reengage after warning letter 1 or 2, but then fail to continue to communicate, will be reissued a warning letter again. Only 2 warning cycles will be permitted by Vivacity Team before termination.
16. Additional Services
Fees for Vivacity packages have been determined by the products and services included within the package, as well as the monthly allocated time constraints. Clients can request the completion of tasks for products that are not within their package by requesting a package upgrade. Clients requesting completion of tasks in excess of the allocated time constraints will have the option to:
- Upgrade their package;
- Pay for completion of the task at a rate of $30.00 per hour or part thereof; or
- Wait for the package time to reset to commence the task.
17. The Outsourcing Services role and responsibilities
Your VA has received extensive training within the VET industry from the team at Vivacity Coaching and Consulting. Their role is to prepare documentation based on the information provided by you through the ticketing request portal. Your VA may message you for additional information, from time to time to enable the completion of your requests. As a client, you are required to respond to requests for information from your VA. Failure to provide the information requested by your VA may result in your request not being completed.
18. Change of Training Product
The development of documentation relating to a specific training product (such as marketing material, webpages, training and assessment strategies, and presentations) takes considerable time and effort by your VA. If you decide or wish to change a Training Product after your VA has commenced work on your documentation, the time already spent on the preparation of your request will be deducted from your monthly time allocation.
19. Governing Law and Jurisdiction
These terms and conditions and any disputes arising from these terms and conditions are governed by and construed in accordance with the laws of New South Wales. By accepting these terms and conditions, the client agrees that the courts of New South Wales have exclusive jurisdiction to settle any dispute or claim arising from these terms and conditions, or services provided in conjunction with these terms and conditions.
