This document sets out the standard terms and conditions of supply of services offered from time to time by TTS (Standard Terms).
By booking services provided by TTS, or otherwise engaging TTS to provide services, you (the Client) accept and agree to these Standard Terms.
Where TTS has provided the Client with written course information, a written proposal, quote and/or a booking letter (Proposal) in respect of services and there is any inconsistency between the Proposal and these Standard Terms, the Proposal will prevail to the extent of that inconsistency.
These Standard Terms operate to the exclusion of all other terms and conditions proposed or notified by the Client (including any standard terms or conditions incorporated in or attached to a purchase order provided by the Client), irrespective of whether the Client’s terms and conditions were proposed or notified prior to or after the services were supplied.
In this document:
Business Day means any day except a Saturday or a Sunday or other public holiday or bank holiday in South Australia;
Client means a person (including an entity) who books services provided by TTS or otherwise engages TTS to provide services (as described in clause 2);
participant means a person enrolled by the Client to receive services from TTS (and includes the Client where the Client itself is enrolled to receive services);
Proposal has the meaning given in clause 3;
Standard Terms has the meaning given in clause 1; and
TTS means Transport Training Solutions Pty Ltd (ABN 99 103 263 832) of 1 Senna Road, Wingfield SA 5013 also trading as Allan Miller Transport Training.
A course or training booking must be confirmed by the Client by such method, and in such form, as TTS may reasonably require (which may include an enrolment form or purchase order signed by the Client).
TTS may require payment of a deposit before confirming a booking, in which case the deposit will be applied against the fees payable for the final lesson or course booked. In the event of cancellation or non-attendance, the deposit will be applied against any fees payable in accordance with these Standard Terms. Any portion of a deposit that is not applied against amounts payable under these Standard Terms will be refunded.
Each new booking, enrolment or engagement constitutes a separate contract for services between TTS and the Client, incorporating these Standard Terms and any terms, conditions or requirements in the applicable Proposal.
TTS will provide training and assessment services to the Client as outlined in the applicable Proposal.
TTS reserves the right to cancel, postpone or re-schedule courses due to low enrolments or unforeseen circumstances. Should this occur a full refund will be provided.
Notwithstanding clauses 3 and 4.1, TTS reserves the right to change course dates, content, trainers and its method of presentation or facilitation at its discretion.
TTS may change course fees from time to time, subject to clauses 3 and 4.1.
Obligations of the Client
The Client must, and must ensure that its participants, in connection with the services provided by TTS:
provide TTS with any information and assistance reasonably required by TTS;
comply with any rules, procedures, and regulations notified by TTS, and with the reasonable instructions of TTS and its trainers and other representatives;
comply with all applicable statutory requirements, including all motor vehicle registration, licensing and permit requirements, and all workplace health and safety requirements; and
comply with these Standard Terms and any terms, conditions or requirements specified in a Proposal.
No guarantee as tooutcome
TTS provides its services in accordance with applicable approved standards of teaching and assessment and does not give any guarantee as to the results or level of actual competency of participants who have participated in TTS training courses.
TTS does not guarantee successful completion of any course.
TTS have a formal complaints procedure. If you are unsattisfied with the training or service provided to you please contact the client service department who will record and escalate your concerns as per the procedure.
Invoicing and payment
All quoted fees are exclusive of GST unless otherwise specified. In addition to the GST exclusive fees, at the time of payment the Client must, subject to receiving a valid tax invoice, pay an additional amount to TTS equal to the GST exclusive fee multiplied by the GST rate.
TTS may require the Client to complete a credit application form and undergo a credit assessment before establishing a trading account for the Client.
Course and training fees must be paid in accordance with the Proposal or, where payment details are not specified in the Proposal, within 14 days end of month. This is only applicable for Clients who have an established trading account with TTS, otherwise fees must be paid prior to attending the course and/or training.
If payment of a course fee has not been received within the required period, an enrolment may be cancelled. TTS will notify the Client prior to this occurring.
Where an account remains overdue, TTS may charge the Client a late payment administration fee ($10 + GST per calendar month), together with interest on the outstanding amount at 10% per annum, accruing daily, plus any other costs or expenses that may be incurred by TTS in recovering the outstanding amounts.
Transfers of participant registrations from one course to another course will only be accepted upon notice to TTS in writing, and with TTS’s consent, prior to commencement of the first course. TTS will not unreasonably withhold its consent. In the case of a transfer, amounts invoiced or paid in respect of the first course will be applied against the fees payable for the course to which the participant transfers.
No transfer fee will apply if notification is received by TTS at least 10 Business Days prior to the commencement of a course.
If a transfer is requested less than 10 Business Days before the commencement of a course, an administrative fee of 30% of the total course fees or $75 (whichever is the lesser) will be charged per transfer per participant.
Transfers are not permitted once a course has commenced.
A Client may only request to transfer a participant once. Subsequent transfers will be treated as cancellations.
Cancellations will only be accepted in writing.
Cancellations for courses and/or training must be received at least three (3) clear business days prior to the commencement of a course and for heavy vehicle licence upgrades six (6) business day notice prior to the training program commencing. Cancellations may incur a charge (as set out in the applicable Proposal).
The Client will be charged the full fee in cases of non-attendance or cancellation without prior written notice unless there are, in TTS’s opinion, extenuating circumstances.
If an enrolled participant is unable to attend a scheduled course or part of a course, the Client may substitute a different participant, with the prior consent of TTS, which will not be unreasonably withheld.
TTS retains all intellectual property rights in connection with the services and material it provides the participants. Intellectual property rights include but are not limited to copyright and trade marks (whether registered or not), know-how and work methods, designs, concepts and trade secrets. Exploitation or use by the Client or any participant of any of TTS’s intellectual property rights other than for the purposes of attending and completing courses provided by TTS is strictly prohibited.
Liability and indemnity
To the extent permitted by law, all warranties, guarantees and conditions (other than those set out in these Standard Terms or in a Proposal), whether implied by statute or otherwise, are excluded.
Certain consumer warranties and guarantees that the Client may have the benefit of under statute cannot be excluded. To the extent permitted by law, TTS’ liability for breach of any warranty, guarantee or condition that cannot be excluded is restricted to (at TTS’ option):
re-supply of the applicable services; or
payment of the cost of having the services re-supplied.
To the extent permitted by law, TTS’s liability to the Client, whether for breach of contract, tort (including negligence), breach of warranty in connection with the supply of services shall not in any event exceed an amount equal to the price paid by the Client for the services supplied.
The Client must indemnify TTS from and against any claims, loss, damage, liability, expenses and costs suffered or incurred by TTS in connection with any act or omission of a participant enrolled with TTS by the Client which, if it had been performed or omitted by the Client, would have constituted a breach by the Client of these Standard Terms.
The Client must not (except as required by law or with TTS’s written consent), and will ensure its participants do not, disclose to any person any information of or relating to TTS that is of a confidential nature (including course materials).
No failure or delay on the part of TTS in exercising any of its powers or rights under these Standard Terms will be taken to be a waiver of any such power or right. A waiver is not effective unless it is in writing.
TTS may vary these Standard Terms by notice in writing to the Client. The varied form of these Standard Terms will apply in respect of any course bookings or enrolments received after such notice is given. These Standard Terms may not otherwise be varied.
A provision of these Standard Terms must be read down to the extent necessary to be valid. If it cannot be read down to that extent, it must be severed.
These Standard Terms are governed by the law of South Australia.