Services Agreement
1.APPOINTMENT
1.1 The Customer by this services agreement (“the Agreement”) engages MAE Projects (“the Service Provider”) to produce the Materials set out in Schedule B (“the Materials”) and/or provide the Services set out in Schedule C (“the Services”).
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2.PRICE, PAYMENT AND VARIATIONS
2.1 The Service Provider will charge its fees either:
(a) At fixed amounts set out in any Project Schedule included in Schedule A; or
(b) In accordance with the applicable rate table set out in Schedule A; or
(c) In accordance with the accepted quotation and/or email communications confirming price.
2.2 The Customer acknowledges that it is required to pay any deposit amount set out in Schedule A prior to the Service Provider commencing work.
2.3 The Service Provider will submit accounts to the Customer for payment:
(a) For accounts pursuant to any Project Schedule at the end of each relevant stage; or
(b) For accounts pursuant to the rate table, at weekly intervals.
2.4 The Customer agrees to pay any invoice it receives from the Service Provider within 7 days.
2.5 The Customer may require a variation (“the Variation”) to the Materials or Services. Any request must be in writing setting out full details of such Variation. The Service Provider will provide a quotation for the Variations which additional sum will be added to the fees if accepted by the Customer. If the Customer does not accept the quotation, the Service Provider is not obliged to carry out the Variation.
2.6 The Customer must pay for the Variation in the manner and at the time set out in the Service Provider’s quotation.
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3.INTELLECTUAL PROPERTY
3.1 If the Materials or Services involve the creation of any intellectual property including any copyrightable materials or works then, unless otherwise expressly agreed in writing, the Customer acknowledges that the Service Provider is the legal and beneficial owner of all such intellectual property.
3.2 Where the Service Provider uses its own intellectual property to produce the Materials or deliver the Services, nothing herein gives the Customer any interest, right or title in the Service Provider’s intellectual property unless otherwise stated.
3.3 The Customer licenses the Service Provider to use, copy, communicate, edit and adapt the Customer’s materials for the purpose of the provision of the Services or production of the Materials.
3.4 Property and title in the Materials passes to the Customer only when the Materials and any Services have been paid for in full and until such time the Materials remain the Service Provider’s property.
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4.RESTRICTED USE
4.1 Notwithstanding clause 3.4, the Materials are provided to the Customer for genuine training and assessment delivery through their own organisation registered for training operations only (“the Permitted Use”).
4.2 In using the Materials the Customer agrees not to copy, republish, download, transmit, sell or license any part of the Materials other than in connection with the Permitted Use.
4.3 The Customer must not transmit, share or provide access to the Materials to any third party in an editable format.
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5.BREACH BY THE CUSTOMER
5.1 If the Customer fails to pay the whole or any part of the Service Provider’s Fees, the Service Provider may at its absolute discretion:
(a) suspend performance of the Services until any outstanding fees are paid;
(b) serve a written notice on the Customer requiring any outstanding fees to be paid within 7 days and if not so paid by written notice terminate the Agreement; and/or
(c) commence Court proceedings against the Customer for recovery of any outstanding fees as a debt immediately due and owing.
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6.CONFIDENTIALITY
6.1 The Customer undertakes to keep all information which the Customer acquires from the Service Provider or about the Service Provider strictly private and confidential and must not disclose that information to any person without the Service Provider’s prior written consent. Nothing in this clause prevents the Customer from fully using and enjoying the Services and the Materials.
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7.LIMITATIONS ON WARRANTY AND LIABILITY
7.1 The only warranties binding on the Service Provider are those imposed by statute that cannot be excluded by these terms. All Statutory Warranties that can be lawfully excluded are hereby expressly excluded.
7.2 The Service Provider will not be liable for any direct or indirect lost profit or revenue, exemplary damages, for the deletion or corruption of electronically or digitally stored information, or without limiting the foregoing, any indirect or consequential loss or damage howsoever described or claimed;
7.3 The Materials are provided on the understanding that the Customer shall exercise their own skill and care with respect to their use.
7.4 The Service Provider has taken reasonable steps to try and ensure the Materials are current and accurate, however does not provide any warranty that the Materials are error free. The Customer agrees that that the Service Provider is not liable for any claims or damages arising from any errors or inaccuracies in the Materials.
7.5 The Service Provider is under no obligation to provide any updates, enhancements, modifications, revisions or additions to the materials provided. The Customer acknowledges that any changes made to materials may impact their suitability to satisfy compliance requirements.
7.6 The Customer agrees only use the materials for the Permitted Use. If the materials are used for any other purpose, the Customer does so at its own risk and assumes all liability for any loss or damage arising from such use.
7.7 The Customer agrees to indemnify the Service Provider and keep the Service Provider indemnified against all and any demands, claims, actions and proceedings whatsoever and howsoever arising made by any third party in connection with or arising out of the Customers use of the Materials or Services and all and any losses, costs, expenses and damages whatsoever and howsoever incurred by the Service Provider in connection with or arising out of a breach by the Customer of any provision of this Agreement.
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8.TERMINATION
8.1 The Service Provider at its discretion may upon 14 days’ notice in writing terminate this agreement. Upon termination then, without prejudice to any accrued rights or remedies, the Customer will remain liable to pay the Service Provider for Services rendered up to the date of termination.
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9.GENERAL
9.1 The failure of either party to insist upon a strict performance of any of the terms of this Agreement will not be deemed a waiver of any subsequent breach or default in the terms of this Agreement.
9.2 Each provision of this Agreement is severable from the others and no severance of a provision will affect any other provision.
9.3 This Agreement constitute the entire agreement and understanding between the parties in relation to the Materials and Services and supersedes any prior agreement or understanding.
9.4 This Agreement is governed by and will be construed in accordance with the laws of Queensland. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Queensland.
Acceptance of the Agreement
By completing an online transaction with MAE Projects, the Purchaser triggers this agreement and accepts its conditions unequivocally.
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For digital download products, the Licence Agreement also applies
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MAE Projects Pty Ltd T/As Specialised VET Services
Specialised VET Services specialises in VET Sector support through our businesses:
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Training Tools - Training Tools offers RTO compliance templates and guides for sale
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Validations: VET Assessment Validation Services - Validations offers independent assessment validation services. Specialises in pre-use validation and assessment review to confirm materials are fit for purpose
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Write On Resources - Write On Resources offers bespoke training and assessment materials. These are written to order, highly contextualised materials to meet specific client needs. Write On Resources also does specialised work associated with RTOs and VET.
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Skills Education Network - Skills Education is a provider of professional development (PD) sessions relevant to adult educators and people working within the Australian Vocational Education and Training (VET) sector. PD is provided as live events plus a library of materials to watch on demand.
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Skills Education offers annual memberships to professional learning groups:
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VET PD Group - VET PD Group encourages Communities of Practice for VET practitioners through its regular VET updates on LinkedIn.
Schedule A – Pricing
Project payments
Fixed pricing per item order (as received/confirmed via email and/or accepted quotation)
Online sales of digital downloads and/or PD recordings – payment is made 100% in advance
For contracted bespoke services:
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50% of total plus any applicable GST to commence work
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50% of total plus any applicable GST within 7 days of task completion and submission of invoice by MAE
Contracted bespoke services include assessment writing, customised professional development design/delivery. Values for these services are advised at time of booking and according to the specific project
Schedule B – Materials Ordered and to be Provided
Per item order (as received/confirmed via email and/or accepted quotation)
Schedule C – Services Ordered and to be Provided
Per item order (as received/confirmed via email and/or accepted quotation)