This document outlines the terms and conditions of sale by MCI Solutions.
Please note: If your organisation has a Service Level Agreement with MCI Solutions then the Service Level Agreement takes precedence over these Terms and Conditions.
1 GENERAL: FOR ALL SERVICES
1.1 Paying Invoices: Invoices must be paid in full by the due date or 7 days before the course start date, whichever is earlier. Failure to pay in accordance with these terms does not mitigate the client’s obligations to MCI Solutions.
1.2 Goods and Services Tax: Any GST applicable to MCI Solutions is included in the invoice in accordance with Australian law.
1.3 Retaining Intellectual Property and Proprietary Rights: Unless otherwise agreed, MCI Solutions retains proprietary rights to all materials and documents used in the provision of services. Where materials and documents incorporate a client’s confidential or proprietary information, MCI Solutions retains proprietary rights to all materials not provided by the client.
1.4 No Warranties are Expressed or Implied: Every care is taken in the provision of all MCI Solutions services. The purchase of MCI Solutions’s services does not imply or express a warranty that the services provided are relevant to the specific needs of the client. The client is responsible for ensuring the services are appropriate for their requirements.
1.5 Insurance: MCI Solutions has Public Liability Insurance in excess of $1 million. If services are provided on a client’s premises, the client is responsible for providing adequate workplace related occupational health and safety insurance and any other insurance for employee-related risk while providing the services. The client indemnifies TP3 from any such claims.
1.6 Protecting Confidential and Proprietary Information: Any confidential or proprietary client information disclosed to our representatives is kept confidential and used only to deliver services for the benefit of the same client.
1.7 No Engaging Representatives: The client agrees that during the term of this agreement and for a period 6 months following its expiry they will not employ, contract or in any way seek to engage any MCI Solutions representatives, including all staff and subcontractors, without the prior written consent of MCI Solutions. Nothing in this clause prevents or restricts a party from hiring any person who has responded to any published advertisement of positions with the other party.
1.8 Marketing Promotions: From time to time, MCI Solutions offers promotions for its services. Purchases made as part of a marketing promotion may attract additional terms and conditions to those stated here, and those additional terms are included in the written promotional offer.
1.9 Jurisdiction: This agreement is governed by the laws of New South Wales.
2 CONSULTING SERVICES
2.1 Definition: Consulting services are any services provided by MCI Solutions other than face-to-face training delivery. This includes instructional design (including course customisation), system documentation, and software development.
2.2 Fees Incurred on a Time & Materials Basis: If the client has agreed to fees on a time & materials basis and unless otherwise agreed with MCI Solutions, the client will be invoiced in proportion to the work effort expended on the project to the invoice date, at the discretion of MCI Solutions. MCI Solutions undertake not to exceed any agreed estimate, contained on a Work Order or document signed by the client, without prior written notice to and acceptance by the client.
2.3 Fees Incurred on a Fixed Price Basis: Unless otherwise agreed, where a client has accepted a fixed price fee for consulting services, the client will be invoiced as follows:
2.3.1 50% of the agreed fee at the commencement of the project; &
2.3.2 50% of the agreed fee upon delivery of the project to the client
2.4 Halting, Postponing, or Cancelling Consulting Services:
2.4.1 Should a client wish to halt, postpone or cancel consulting services agreed to be provided by MCI Solutions and previously approved by the client, they must immediately advise MCI Solutions in writing (Notice to Stop Work).
2.4.2 On the day this advice is received (the Notification Date), MCI Solutions will complete the work scheduled for that day and this work remains payable by the client.
2.4.3 Upon receipt of a Notice to Stop Work, fees for all work completed by MCI Solutions prior to and on the Notification Date are payable to MCI Solutions. An invoice will be raised at the end of the Notification Date and sent to the client for payment.
2.4.4 Except where Notice to Stop Work has been given due to dissatisfaction with the performance of MCI Solutions, the following fees for work booked but not yet completed remain payable by the client:
188.8.131.52 100% of fees for work booked to occur 0-7 business days after the Notification Date; and
184.108.40.206 30% of fees for work booked to occur 8-15 business days after the Notification Date.
2.4.5 Where Notice to Stop Work has been given due to dissatisfaction with the performance of MCI Solutions, the following fees booked but not yet completed remain payable by the client:
100% of fees for work booked to occur 0-3 business days after the Notification Date.
2.4.6 Any waiver of these fees is at the sole discretion of MCI Solutions.
3 TRAINING SERVICES
3.1 Definition: Training services are all face-to-face course delivery services provided by MCI Solutions, including public courses and closed (in-house) courses.
3.2 Meeting Course Prerequisites: Prerequisites for all courses are described in the course outline. Participants are responsible for confirming that they understand and meet the prerequisites prior to enrolling on a course.
3.3 Failing to Meet Prerequisites May Result in Removal: If a participant does not meet the appropriate knowledge requirements for a course, MCI Solutions reserves the right to ask that participant to leave the course. If this occurs, no refund of course fees will be given. MCI Solutions will advise the person who booked the participant’s attendance on the course of the reasons for their removal in writing.
3.4 Participants in MCI Solutions courses must be over 18 years of age. MCI Solutions requires all participants enrolled on courses and qualifications to be over 18 years of age. Proof of age will be required on booking/enrolment/transfers and substitutions.
3.5 Providing a Workable Learning Environment: MCI Solutions aims to provide a safe and conducive learning environment for all participants. If a participant acts inappropriately or adversely disrupts their course, MCI Solutions reserves the right to remove them from it. If this occurs, no refund of course fees will be due and MCI Solutions will advise the booker of the reason/s for the participant’s removal from the course, in writing.
3.6 Client or Third Party Venues: If training is conducted at a venue provided or arranged by the client (including the client’s premises), the client is responsible for supplying an appropriate room and equipment for the delivery of training. MCI Solutions accepts no responsibility or liability for any fees and expenses associated with the use of this venue, including hire, catering and cancellation fees.
3.7 Travel and Accommodation Fees: If the MCI Solutions representative incurs travel and accommodation expenses to access a training venue provided or arranged by a client, including travel time, these charges are payable by the client. MCI Solutions will advise the client of any such fees in advance in writing and await the client’s approval before incurring these fees.
3.8 Changes to Advertised Course Dates: MCI Solutions reserves the right to change course dates or cancel a course without charge to the client. All efforts are made to notify participants of a cancellation or rescheduling at least 5 business days prior to the original course date.
3.9 Restrictions on Use of Training Materials: MCI Solutions training materials are provided for the single use by individual participants during and after their course. MCI Solutions retains all intellectual property rights in these materials. Written permission from MCI Solutions is required for any other use of these materials. They may not be sold, duplicated or re-used.
3.10 Participants Unable to Continue: After starting a course, if a participant is unable to attend a subsequent day(s) of that course, the remaining days are forfeited. Transfer to the same course on a mutually agreeable date for the day/s missed is allowed and a transfer fee of 25% of the cost of the course is added to the invoice.
3.11 Substituting Participants: An alternative person may be substituted for an enrolled participant at any time prior to the start of the first day of the course without charge.
3.12 Cancelling Public Course Attendance: A Request to cancel a participant’s booked course attendance (“Public Course Cancel Requests”) must be provided to MCI Solutions in writing. Public Course Cancel Requests are subject to the following fees:
3.12.1 6+ business days prior to course start date: No fee; or
3.12.2 0-5 business days prior to course start date: 100% of course fee.
3.13 Transferring Public Course Attendance to Another Date: A Request to transfer a participant’s course attendance to an alternate date (“Public Course Move Requests”) must be provided to MCI Solutions in writing. Participants are entitled to one Public Course Move Request per course title. Public Course Move Requests are subject to the following fees in addition to the course fee:
3.13.1 6+ business days prior to course start date: No transfer fee; or
3.13.2 0-5 business days prior to course start date: 100% of course fee.
3.14 Failure to Attend: Failure to attend without prior notice (per 3.11) or a medical certificate, will not entitle the participant to a substitute booking, and shall be subject to a cancellation fee equal to 100% of the course fee.
3.15 Cancelling Closed (In-house) Courses: Client requests to cancel a booked closed course (“Closed Course Cancel Requests”) must be provided to TP3 in writing. Closed Course Cancel Requests are subject to the following fees:
3.15.1 10+ business days prior to course start date: No cancellation fee; or
3.15.2 0-9 business days prior to course start date: 100% of course fee.
3.16 Transferring Closed (In-house) Courses to Another Date: Client requests to transfer a booked closed course to an alternate date (“Closed Course Move Requests”) must be provided to MCI Solutions in writing. Clients are entitled to one Closed Course Move Request per course title. Closed Course Move Requests are subject to the following fees in addition to the course fee:
3.16.1 10+ business days prior to course start date: No transfer fee; or
3.16.2 0-9 business days prior to course start date: 100% of course fee.
4 ROOM HIRE
4.1 Definition: Room Hire is the hire of training rooms and seminar areas including access to toilets and café facilities within TP3.
4.2 Take All Reasonable Care of Facilities: The client must take good care of the hired facilities, including all equipment, fittings and furnishings without alteration or damage. The client is liable for any damage caused by the client or their guests during their hire.
4.3 Cleaning: The client must leave the room in the same condition as they entered it (e.g. by placing rubbish in bins and cleaning white board).
4.4 Cancelling Room Hire: Client request to cancel a Room Hire booking must be provided to MCI Solutions in writing. Room Hire Cancellation Requests are subject to the following fees:
4.4.1 10+ business days prior to Room Hire start date: No cancellation fee; or
4.4.2 0-9 business days prior to Room Hire start date: 100% of Room Hire fee.
5.1 Definition: FlexiVouchers are a method of pre-payment for services provided by MCI Solutions.
5.2 Validity: FlexiVouchers are valid for a period of 12 months from the date of purchase (“FlexiVoucher Expiry Date”).
5.3 Payment: Payment in full is due seven (7) days from the invoice date.
5.4 Unused Vouchers are Forfeited: Any FlexiVouchers that are unused at the FlexiVoucher Expiry Date are forfeited by the client. Notice of a pending FlexiVoucher Expiry Date will be provided in writing to the client by MCI Solutions.