Terms of Business
Terms of Business
These terms of business apply to the Services you engage us to provide. Our engagement letter and these terms of business is the entire agreement between us or those Services. If anything in these terms of business is inconsistent with our engagement letter, our engagement letter takes precedent.
In these terms.
a. Customer means a person or entity that transacts business with PDA.
b. Monies Owed means any amount due and payable by the Customer to PDA for the supply by PDA to the Customer of any Product/s or Services.
c. PDA means People Development Australia.
d. Price means the amount stated in the engagement letter, proposal or quote.
e. Program means training courses, seminars, presentations and workshops designed and/or delivered by PDA, via independent contractors, professional speakers and guest speaks or PDA employees, whether an in-house or customised course or a course for the general public.
f. Services means the Services as described in the engagement letter, proposal or as amended from time to time by either of us.
2. Our Services
a. We agree to perform the Services described in our engagement letter and/or proposal with reasonable skill and care
b. Either of us may request a change to the Services, or anything else in this agreement. A change will not be effective unless with have both agreed to it in writing.
3. Fees, expenses and costs
a. Prices may be subject to change without notice. Official quotations made by PDA are valid for thirty (30) days from quotation date, after which they may be subject to change without notice.
b. Payment for Services - You agree to pay us fees for our Services on the basis set out in our engagement letter, proposal or program brochure, plus GST we are required to pay in connection with the Services (to the extent applicable).
c. Program fees - are paid for the facilitation process and are part of the face to face delivery of a program. For in-house programs a 50% payment 14 days prior to a program is required and 50% payment on completion of the program.
d. Public Programs - For public programs full payment of fees are required 21 days prior to the program.
e. Expenses – You agree to pay any reasonable expenses we incur in connection with the Services, plus GST incurred (to the extent applicable).
f. Profile and training tools – where a personal profile tool is required for the program a per profile fee will be required to be paid 14 days prior to the program. Where materials (ie text or courseware) are required as part of a program a separate fee may be required for the purchase of these materials
g. Accommodations and venue Services - Where accommodation, meals and venue Services are arranged by PDA a 10% to 25% surcharge will be added to the venues charges and payment will be required for the full amount 14 days prior to delivery of the service.
h. Invoices and payment – We will invoice you for our fees and expenses on a monthly basis, unless we have agreed something different in our engagement letter. You agree to pay the full invoiced amount in accordance with clause 3 c or 3 d of this agreement.
4. Cancellations - Public workshops
a. Cancellations received in writing to PDA at least 20 working days prior to the workshop date will receive a full refund, less a handling fee of $30.00.
b. No refunds will be given after this date, however, if you cannot attend then your registration is transferable to another delegate if the printing of profile reports have not been printed (normally 5 days prior).
c. All cancellations/transfers must be received in writing. In extreme circumstances PDA reserve the right to replace facilitator or cancel the program.
d. If attendance numbers at a workshop are below requirements PDA will notify participants seven days prior to the workshop of cancellation where a full refund or credit transfer will be offered.
5. Cancellations - In-house Services and workshops
a. Cancellations received in writing to PDA at least 20 working days prior to the workshop date will receive a full refund, less a preparation and handling fee of 30% of the service value. No refund of deposit will be given after this date, however, an alternative date may be arranged at a time available by PDA.
b. All cancellations/transfers must be received in writing. In extreme circumstances PDA reserve the right to replace facilitators or to change a date.
6. Intellectual Property Rights
a. The purchase of products and Services does not confer on you any licence or assignment of any copyright, patent, design or trade mark or any other intellectual property right (whether current or future, or registered or unregistered) that subsists in the products and Services, and you agree that it will not assert any rights in, or challenge PDA’s title to, those intellectual property rights.
b. Any materials supplied by PDA to you, including but not limited to training course materials (in document format, electronic format or otherwise), are for your personal non-commercial use. You must not re-publish, licence, transfer, copy, reproduce or post on the internet, any of PDA’s materials without our prior written consent.
7. Theft, loss and damage
a. PDA does not accept responsibility for any loss or other detriment arising by reason of any theft, loss or damage to, or otherwise concerning any property belonging to you.
8. Limitation of Liability
a. Neither of us will be liable to the other in any circumstances for any indirect, special or consequential loss or damage, including loss of revenue, loss of production, loss of product, loss of contract or loss of profit howsoever arising and whether in an action in contract, tort (including negligence), in equity, product liability, under statute or on any other basis.; and
b. You acknowledge and agree that to the maximum extent permitted by law, the liability of PDA to you, whether for breach of contract (including indemnity), tort (including negligence) breach of statutory duty or otherwise:
i. will be reduced proportionally to the extent any act, error or omission of others (including, without limitation, PDA, its agents, its other contractors and/or their respective employees) contributed to the liability, loss, damage, death or injury; and
ii. is subject to a maximum aggregate liability for all claims to an amount equal to the Price.
9. Assignment and sub-contracting
a. PDA may assign, transfer or otherwise deal with any or all of PDA’s rights or obligations under this agreement at any time to any party that is financially capable of meeting PDA’s obligations under this agreement.
b. You agree that you will rely on your own knowledge and expertise in selecting any product and service for any purpose and any advice or assistance given or on behalf of PDA shall be accepted at your risk and shall not be deemed as expert or to be solely relied upon.
a. Any information provided by PDA to you in a training course is general commentary and should not be regarded as specific advice. You should not act on the basis of any information provided in programs and workshops offered by PDA without first seeking advice, including for your specific circumstances.
12. Confidentiality and Privacy
a. Each of us warrants that it will comply with all applicable Privacy Laws in relation to the collection, use or disclosure of personal information or any individual, company or a third party to, to this agreement.
b. We agree not to disclose each other’s confidential information, except for disclosures required by law. PDA may use third party software and collect personal information for the purpose of personal profiles to be used within a training program or service.
c. Referring to you and the Services – We may wish to refer to you and the nature of the service we have performed for you when marketing our Services. You agree that we may do so, provided we do not disclose your confidential information.
13. Entire agreement
This agreement constitutes the entire agreement between the us in respect of its subject matter and supersedes all prior agreements, quotation requests, understandings, representations, warranties, promises, statements, negotiations, letters and documents in respect of its subject matter (if any) made or given prior to the date of this agreement or the letter of engagement.