Unless otherwise agreed to in writing between Holland Thomas and Associates Pty Ltd (Holland Thomas) and the Client (meaning a person, company or other legal entity receiving services from Holland Thomas), the following Terms of Business apply to workshops, presentations and training (“Training Session”) delivered by Holland Thomas.
ON SITE / IN HOUSE AND WEBINAR TRAINING SESSIONS
1. Training Venue and Logistics
The Client is to provide the training venue and facilities for all “In House” training sessions delivered on site at the Client’s location.
There is a maximum of 20 participants per training session.
The training room is to be large enough for the maximum 20 participants to stand with their arms stretched outwards without touching each other. Participants should be seated at tables positioned around the room in a large U shape facing the projector screen.
Holland Thomas will provide a certificate for each participant. The Client is to provide a list of participants to Holland Thomas on each training day in order for Holland Thomas to organise the certificates. Certificates will be mailed by Holland Thomas to the Client within seven days of the training day.
Whenever Holland Thomas provides training session notes to the Client in electronic format in order for the Client to print the training session notes for each participant, the Client is authorised to print no more than the number of copies specified by Holland Thomas of each authorised document.
The Client is to provide a white board and a data projector in the training room.
Holland Thomas will supply the laptop for the presentation.
If the logistics are not suitable, please contact Holland Thomas to discuss alternative options.
2. Webinar Logistics
Holland Thomas will provide the online platform for the webinar.
There is a maximum of 50 participants per webinar session.
3. Payment Due Date
Payment is due no later than fourteen days prior to the date of the training session unless otherwise specified on the invoice.
Where payment has not been received by the Payment Due Date, Holland Thomas reserves the right to suspend delivery of the training session until payment has been received.
4. Cancellation
With our standard cancellation terms, if you cancel a training session in advance of the date of the training session:
- More than 28 days: NO cancellation fee
- 28 days to 14 days: 30% cancellation fee
- Less than 14 days: 100% cancellation fee
If you cancel the training session more than twenty-eight calendar days prior to the date of the training session, you will not incur a cancellation fee.
If you cancel the training session twenty-eight or less calendar days prior to the date of the training session and more than fourteen calendar days prior to the date of the training session, you agree to pay a cancellation fee that is thirty per cent of the fee for that training session.
If you cancel the training session fourteen or less calendar days prior to the date of the training session, you agree to pay a cancellation fee that is one hundred per cent of the fee for that training session.
Cancellation fees are due no later than fourteen days from the time of cancellation.
No services are due in the event of a cancellation.
OPEN HOUSE (PUBLIC) TRAINING SESSIONS HOSTED BY HOLLAND THOMAS
5. Registration
Registration closes seven days prior to the date of the training session.
6. Payment Due Date
Payment is due no later than seven days prior to the date of the training session.
7. Cancellation
You may cancel without penalty up to seven calendar days in advance of the date of the training session. Subsequent to that date, if you cancel, you agree to pay a thirty per cent cancellation fee up to three calendar days prior to the date of the training session, and a one hundred per cent cancellation fee within three calendar days of the date of the training session. Cancellation fees are due at the time of cancellation. No services are due in the event of a cancellation.
ELEARN TRAINING PROVIDED BY HOLLAND THOMAS
8. Payment Due Date
When licences for eLearn training are purchased through the websites, www.hollandthomas.com.au or www.courses.hollandthomas.com.au, payment is due at the time of purchase.
When an invoice is issued for licences for eLearn training, payment is due no later than fourteen days prior to the eLearn Start Date unless otherwise specified on the invoice.
9. Cancellation
With our standard cancellation terms, if you cancel licences for an eLearn in advance of the eLearn Start Date:
- More than 14 days: NO cancellation fee
- 14 days to 7 days: 10% cancellation fee
- Less than 7 days: 20% cancellation fee
If you cancel licences for an eLearn more than fourteen calendar days prior to the eLearn Start Date, you will not incur a cancellation fee.
If you cancel licences for an eLearn fourteen or less calendar days prior to the eLearn Start Date and more than seven calendar days prior to the date of the eLearn Start Date, you agree to pay a cancellation fee that is ten per cent of the fee for those licences.
If you cancel licences for an eLearn seven or less calendar days prior to the eLearn Start Date, you agree to pay a cancellation fee that is twenty per cent of the fee for those licences.
If you cancel licences for an eLearn on or after the eLearn Start Date, you agree to pay the full fee for those licences.
Cancellation fees are due no later than fourteen days from the time of cancellation.
No services are due in the event of a cancellation.
Strictly no refund is available for licences cancelled on or after the eLearn Start Date.
OPEN HOUSE, IN HOUSE AND ONLINE TRAINING SESSIONS
10. Quotes
Quotes are valid for thirty days.
11. Guaranteed Booking
Your booking is only guaranteed upon receipt of payment in full, and may be subject to availability.
12. Requests for Changes
Requests for changes, including but not limited to, the time, date, location, and content of a training session, must be made in writing to Holland Thomas.
13. Overdue Payments
Holland Thomas reserves the right to impose a late payment fee of 15% p.a. calculated on the daily outstanding balance of overdue payments.
14. Refunds
In the event of a cancellation, you may:
a. request a refund of the applicable amount. Such a request must be received by Holland Thomas within twelve (12) months from the date the money was received by Holland Thomas;
b. request the applicable amount be held by Holland Thomas and applied to future services to be provided by Holland Thomas to you. The date the services are to be provided must be within twelve (12) months from the date the money was received by Holland Thomas; or
c. where you have requested the applicable amount to be held by Holland Thomas, you may later request a refund provided that amount has not been applied to another invoice and the request must be received by Holland Thomas within twelve (12) months from the date the money was received by Holland Thomas.
Payment of refunds will be made within fourteen calendar days of receiving your request.
15. Copyright
Holland Thomas reserves all rights in respect of copyright over its documents and information.
16. Documents
The Client shall be entitled to use documents or information copyrighted by Holland Thomas for the purposes of the training session by way of a non-exclusive licence, subject to payment in full of all sums payable.
17. No Recording of Training Sessions
Recording of a training session without the prior written consent of Holland Thomas is strictly forbidden. This restriction includes, but is not limited to, the use of audio and/or video devices, and screen recording software.
18. Unauthorised Teaching
Participants at a training session are not authorised to teach or instruct other persons on the content of that training session. The Client agrees to indemnify Holland Thomas against any claims and any resulting damages that may be caused by any unauthorised teaching of the content of a training session.
If the Client wishes for its personnel to be able to teach the content of a training session, please contact Holland Thomas to discuss Train The Trainer packages.
19. Injuries, Illness or Special Needs
The Client is to inform the facilitator of participants with injuries, illness or special needs prior to the commencement of a training session.
20. Disclaimer
Advice given and recommendations made do not constitute a warranty of future results by Holland Thomas nor an assurance against risk. Recommendations are made based on information provided by the Client and other information available at the time of providing the recommendation. No express or implied warranty is given in respect of any judgement made or to changes or any unforeseen escalation of any factors affecting any such judgement.
21. Indemnity
To the extent permitted by law, the Client releases Holland Thomas from, and must indemnify Holland Thomas against, any Loss, Claim, or Liability including but not limited to property damage, personal injury or death, brought against, incurred or suffered by Holland Thomas arising directly or indirectly in connection with the provision of the services by Holland Thomas except to the extent that the relevant Loss, Claim or Liability is caused by or contributed to by the negligence of Holland Thomas in providing the services and in any event the entire liability of Holland Thomas under or in connection with these Terms of Business shall not exceed 100% of the amount of Holland Thomas’s charges for the provision of the services.
The Client has been advised of and understands that the practice of techniques demonstrated during a training session is potentially dangerous.
Under no circumstances is Holland Thomas liable for any special, indirect, incidental, consequential or economic Loss (including loss of profits, revenue, savings, opportunity or goodwill), even if the possibility of such a Loss being suffered has been brought to the attention of Holland Thomas.
22. Acknowledgement and Acceptance of these Terms of Business
By submitting a booking or by making payment to Holland Thomas, the Client acknowledges and agrees to be bound by these Terms of Business.
Last revised: 17 April 2020