The Education Collective – Terms and Conditions

Business details (insert):

Legal entity name: The Education Collective Pty Ltd

ABN: 79 692 127 754
Email: info@tecollective.com.au
Address: 2/18 Blanck St, Ormeau QLD 4208

1. Definitions

1.1 Company / We / Us / Our means The Education Collective (including successors, assigns, contractors and authorised representatives).
1.2 Client / You means the person or entity engaging us or purchasing/using our products (including any person acting with your authority).
1.3 Services means consultancy, advisory, mentoring, compliance support, governance support, documentation support, project work, audits/reviews, training, workshops, speaking engagements and any associated advice or recommendations.
1.4 Deliverables means any documents, reports, templates, checklists, presentations, tools, action plans, workshop materials, or other outputs we provide.
1.5 Digital Products means any downloadable or online products (free or paid), including templates, frameworks, policy packs, toolkits, courses, subscriptions or membership access (if offered).
1.6 Price / Fees means the amount payable for Services, Deliverables, or Digital Products as agreed in writing.

2. Australian Consumer Law

2.1 Nothing in these Terms is intended to exclude, restrict or modify any rights or remedies you may have under the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law) or applicable state/territory fair trading legislation, except to the extent permitted by law.
2.2 Where you acquire Services as a “consumer”, you may have statutory guarantees that cannot be excluded.

3. Engagement and acceptance

3.1 Your acceptance occurs when you:
(a) instruct us to commence work; and/or (b) accept a quote/proposal; and/or (c) pay an invoice or deposit; and/or (d) download, access or use our Digital Products.
3.2 If you are engaging us on behalf of an organisation, you warrant you have authority to bind that organisation to these Terms.
3.3 If there are multiple Clients, liability is joint and several.

4. Quotes, scope and variations

4.1 Quotes/proposals are valid for 30 days unless stated otherwise.
4.2 We may vary Fees where scope changes, assumptions change, or additional work is requested. We will confirm variations in writing where practicable.

5. Fees, invoicing and payment

5.1 Fees will be as set out in our proposal, quote, booking confirmation, online checkout, or invoice.
5.2 Unless otherwise stated, invoices are payable within 14 days of issue.
5.3 For workshops/events, payment may be required in full before attendance. (If unpaid, we may refuse attendance or access.)
5.4 If you request a payment plan, you must comply with the agreed schedule.
5.5 GST will be added where applicable unless expressly stated as GST-inclusive.
5.6 If payment is overdue, we may suspend Services and/or withhold Deliverables until accounts are brought up to date.
5.7 You are responsible for any bank fees, dishonour fees, or merchant fees charged by payment providers.

6. Delivery, timeframes and access

6.1 Timeframes are estimates unless expressly stated as guaranteed.
6.2 We are not liable for delays caused by factors outside our reasonable control (including your failure to provide information, approvals, access, or stakeholder availability).
6.3 You agree to provide timely access to relevant staff, documents and systems (where required) and to ensure information you provide is accurate and complete.

7. Cancellations, rescheduling and refunds (Services)

7.1 Consulting bookings / sessions
(a) You may reschedule with at least 2 business days’ notice.
(b) If you cancel within 2 business days, we may charge up to 50% of the booked fee (or retain a deposit) to cover reserved time and preparation.
(c) If you cancel within 24 hours or do not attend, we may charge 100% of the booked fee.

7.2 Project work (multi-week/month engagements)
(a) If you pause or cancel a project, you must pay for all work completed up to the pause/cancellation date, plus any non-cancellable committed costs (e.g., travel booked at your request).
(b) We may provide remaining work as partially completed files where appropriate.

7.3 Refunds
Refunds are assessed case-by-case and are provided only where required by law or where we agree in writing. (This mirrors the “refunds are discretionary” approach in the source you provided.)

8. Events, workshops and training (in-person or online)

8.1 Venue/format changes: We may change venue, presenter, or delivery mode (e.g., in-person to online) where reasonably necessary and will provide notice where practicable.
8.2 Client cancellations (events):

Less than 14 days before the event: 100% payable
14–28 days before the event: 50% payable
More than 28 days before the event: refund/credit may be offered minus reasonable admin costs

8.3 Substitution: Delegate substitutions are permitted up to 7 days prior by email, including dietary/access needs (if relevant).
8.4 If an event is postponed by us, you may choose to transfer to the new date or a credit. Refunds will be provided where required by law.

8.5 Natural disaster and emergency disruptions

If an event, workshop or training session is impacted by a natural disaster or emergency event (including but not limited to flooding, bushfire, cyclone, severe storm, heatwave, pandemic/health direction, or government or venue restrictions), we may, at our discretion:

(a) move the event to an online format; and/or

(b) reschedule the event to a later date; and/or

(d) cancel the event where delivery is not reasonably possible.

Where a change occurs under this clause, your registration will be transferred to the revised delivery method/date or you may elect to receive a credit for a future event. Refunds will be provided where required by law. We are not responsible for costs you incur that are outside our control (for example, travel, accommodation, or loss of earnings).

9. Intellectual property and licence

9.1 All intellectual property in our Deliverables and Digital Products remains our property, unless otherwise agreed in writing.
9.2 We grant you a non-exclusive, non-transferable licence to use Deliverables and Digital Products internally within your organisation for your own operations.
9.3 You must not reproduce, sell, sublicense, publish, distribute, or share our materials externally (including to other services/organisations) without our written permission.
9.4 If you provide us with third-party materials, you warrant you have the right to do so and you indemnify us against claims arising from breach of third-party rights.
9.5 Unless you opt out in writing, you agree we may refer to de-identified outcomes and/or use non-confidential excerpts of work for marketing (case studies), ensuring no sensitive or identifying information is disclosed.

10. Confidentiality

10.1 Both parties must keep confidential information confidential, except where disclosure is required by law or with consent.
10.2 This clause survives termination.

11. Professional boundaries and “no guarantee”

11.1 We provide practical guidance and support, but we do not provide legal advice unless expressly agreed in writing and permitted by law.
11.2 You acknowledge outcomes can be affected by many factors outside our control (including staff practices, governance decisions, documentation accuracy, regulatory interpretation and timing). We do not guarantee: service approval, provider approval, CCS/kindergarten funding outcomes, assessment & rating results, regulatory visit outcomes, or compliance outcomes.

12. Liability and indemnity

12.1 To the maximum extent permitted by law, we are not liable for indirect or consequential loss (including loss of profit, revenue, opportunity, or reputation).
12.2 Where our liability cannot be excluded, our total liability is limited (at our option) to resupplying the Services or paying the cost of having the Services supplied again, or otherwise capped to the Fees paid for the relevant Services to which the claim relates.
12.3 You indemnify us for losses arising from your breach of these Terms, your misuse of Deliverables/Digital Products, or reliance on incomplete/incorrect information you provided.

13. Digital Products (additional terms)

13.1 Digital Products are provided for reference and implementation support and may require tailoring to your service context.
13.2 Once supplied or downloaded, Digital Products are considered “uncontrolled documents” in your environment. You are responsible for version control, amendments, and ongoing currency.
13.3 External links included in materials are provided in good faith; you are responsible for verifying accuracy and currency of third-party content.

14. Termination and suspension

14.1 We may suspend or terminate Services immediately if you breach these Terms (including non-payment) or if continuing would create an unreasonable risk (including safety, legality, or reputational risk).
14.2 On termination, you must pay for Services performed up to termination and any committed costs.

15. Dispute resolution

15.1 If a dispute arises, parties agree to use good faith efforts to resolve it promptly, including a management-level meeting (or mediation) before commencing litigation, except for urgent injunctive relief or debt recovery.

16. Force majeure

16.1 Neither party is liable for delay or failure caused by events beyond reasonable control (e.g., natural disasters, system outages, industrial action, pandemics, government restrictions).

17. General

17.1 If any provision is invalid or unenforceable, the remainder remains in force.
17.2 We may subcontract components of the Services where appropriate.
17.3 We may update these Terms from time to time by publishing an updated version on our website; updated Terms apply from publication for future engagements/purchases.
17.4 You may not set-off amounts you claim against amounts invoiced by us unless agreed in writing.

18. Governing law

These Terms are governed by the laws of Queensland, Australia, and parties submit to the courts of Queensland.

19. Contact

Questions about these Terms should be sent to info@tecollective.com.au