The process of preparing a licence application or consultation can be difficult andintricate, however, Licence2Trade is here to assist you through this process as best we can. Please read the following and ensure you understand this document fully before signing, as it sets out the terms and conditions of the contract between yourself and Licence2Trade.
1. FORMATION OF CONTRACT
You will be deemed to have read, acknowledged, and agreed to be bound by these Terms and Conditions after any of the following occurs:
(a) Payment of an invoice which attaches these Terms and Conditions; or
(b) Any other acknowledgement by you, either written or oral, that the Terms and Conditions applies.
(c) All services provided are subject to these Terms andConditions.
Unless otherwise agreed in writing between you and Licence2Trade. You and Licence2Trade agree that these Terms and Conditions take precedence over any terms and conditions contained within or contemplated by any terms and conditions of yours which you purport to apply to the provision of our services or any other documents.
The failure by Licence2Trade to object to any contrary or inconsistent provisions containedin any request for services, or other written communication from you shall not be deemed to be a waiver or modification of these Terms and Conditions or acceptance by Licence2Trade of any such contrary or inconsistent provisions.
Any act or omission by Licence2Trade which constitutes, or could be construed as, a waiver of any of the terms and conditions contained here in shall be deemed as non continuing in nature and not deemed a waiver of future application of these Terms andConditions.
2. GENERAL GUIDELINES TO OUR SERVICES
At the core of our service, we provide to you, Licence2Trade agrees to uphold the following:
• Advising you about your entitlement to a licence based upon the information that is supplied to us by yourself and licensing authorities;
• Licence2Trade will not prepare an application where we do not believe there is a realistic possibility of the application being approved;
• Examining your technical qualifications against the licensing requirements of the licence(s) you are applying for and advising you about obtaining qualifications where necessary;
• Working with you to gather the required information to meet the experience requirements of the licence application;
• Preparation of referee reports in consultation with your nominated referees and facilitation of the signing of these statements where applicable;
• Working with you to gather the required information and evidence to meet proof of employment/engagement;
. Preparing a complete and accurate licence application
Our provision of the Services is based on the outcome of the relevant fitness and proprietary questions that relate to the licensing application or consultation and your eligibility to obtain or upgrade a licence. If there is any reason to answer yes to any questions relating to criminal convictions, bankruptcy, insolvency, previous fines or disqualifications or any other reason that may challenge your eligibility to apply for alicence, please advise Licence2Trade immediately. This will ultimately affect your eligibility to apply for some licences. Please note that any discussion about these topics will be treated as confidential and private. In the event that false or inaccurate information is provided by you to Licence2Trade, Licence2Trade reserves its rights todeny a refund of its professional fees. You agree to indemnify Licence2Trade against any damage or loss caused by the use of such false or inaccurate information.
You acknowledge that the Services are provided based on the current legislative frameworks of regulator eligibility requirements at the time, and that these may be subject to reform which may have an impact on your application or consultation. In this instance we will endeavour to adapt the Services to meet any new requirements, however we reserve our rights to charge reasonable additional fees where the legislative or other eligibility requirement changes are likely to increase the work required.
You indemnify and shall keep indemnified Licence2Trade against all losses, damages, claims, penalties, liabilities, and expenses (including legal costs) howsoever arising incurred as a result of or in connection with your consumption of the Services or any negligent act or omission by you in relation to the Services or in obtaining any products arising from them (including successfully obtained licenses), or a breach of this agreement by you.
4. APPLICATION OUTCOME
Whilst Licence2Trade will ensure all efforts are made to assist with a positive application outcome, it is ultimately the licensing authority’s decision whether or not to approve an application. Licence2Trade does not warrant or in any way provide a guarantee as to a positive licence outcome, and in no way will be held accountable or liable for any loss or damages suffered by the applicant as a result of an application being rejected or refused or in any other way negatively assessed.
5. GENERAL WARRANTIES
You acknowledge that in entering into this agreement, you have not relied in any way on Licence2Trade’s skill or judgment and that you have satisfied yourself as to your condition, eligibility, and suitability for the particular licence for which you wish to apply and of that licence’s fitness for your purposes. You agree to apply for that license at your sole risk.
The Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled: -
(a) to cancel your service contract with us; and
(b) to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to be compensated for any other reasonably foreseeable lossor damage. If the failure does not amount to a major failure, you are entitled to have these problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contact.
Nothing in these Terms and Conditions is intended to exclude, restrict or modify rights which you may have under the Competition and Consumer Act 2010 (“CCA”) or any otherlegislation which may not be excluded, restricted or modified by agreement. If the CCA or any other legislation implies a condition or warranty into these Terms and Conditions in respect of the Services, and Licence2Trade’s liability for breach of that condition or warranty may not be excluded but may be limited, Licence2Trade’s liability for any breachof that condition or warranty is limited to Licence2Trade doing any one or more of the following (at its discretion):
(a) Re-supply of the Services;
(b) Amendment of the Services; or
(c) Refunding the professional fees paid by you to Licence2Trade.
Except as to those conditions and warranties implied by statute and which cannot be excluded by agreement, Licence2Trade gives no warranty or condition concerning the Services, your eligibility for the Services and fitness for any purpose. Any such warranties and conditions are to the full extent permitted by law excluded.
Re-supply of the Services will occur at Licence2Trade’s sole discretion where the application or consultation has failed as a consequence of your misinformation, ineligibility or if Licence2Trade ascertains that your qualifications and/or experience falls short of the relevant criteria associated with your particular application or consultation.
6. LICENCE2TRADE FEES
Licence2Trade charges a professional fee for the Services that we provide to you. This fee includes all administrative work involved in the collection and preparation of a licence application or consultation as per the Services that have been sold to you. These fees are payable in full prior to any work being undertaken unless otherwise negotiated. Payment can be made via bank transfer or over the phone through our secure credit card payment platform. Once requested by you, Licence2Trade will charge you for the full amount agreed to either verbally or in writing as is confirmed in this Services Agreement,or as otherwise agreed upon by the parties involved. If a payment plan has been fees are payable in full before any licensing application is presented back to you for submissionto your local authority. All credit card payments will attract the required fees issued and charged by your financial institution.
Where the client’s file has been placed on hold and the client has not applied for an extension, the client will be required to make a payment of $150 to reinstate the client’s file.
7. GOVERNMENT FEES AND CHARGES
Licence2Trade is not responsible for paying any government fees or charges inassociation with any licensing application. This includes, but is not limited to, any fees associated with the application for or renewal of a licence. Any government fees or charges will remain the sole responsibility of the applicant and at no time will Licence2Trade be held responsible for any fees or charges payable to the licensing authority.
In certain circumstances, Licence2Trade may purchase or otherwise pay for a document which is required for the application of a licence. This is limited to the purchasing of ASIC Historical Extracts (for company applications) and ASIC Business Name Extracts (for individual or company applications.
All amounts expressed in this Agreement are exclusive of GST and the liability to pay GST. Licence2Trade shall provide the Customer with a tax invoice prior to the due date for the payment for the relevant supply.
9. REFUND POLICY ELIGIBILITY AND OBLIGATIONS
Any request by you, the client, for a refund of any monies paid to Licence2Trade must be made in writing by email to admin@Licence2Trade.com.au. Unless required under statute, Licence2Trade reserves the right to accept or reject applications for a refund at its sole discretion. No refunds will be approved in the case where you change your mind following the acceptance of this Agreement. Licence2Trade will provide a 10-day cooling off period for those customers who wish to not proceed with the Services. Any fees pursuant to works completed BY Licence2Trade will be deducted from all refunds. Licence2Trade will make a full refund (less expenses) within 30 days of acceptance.
10. LICENCE ELIGIBILITY
If Licence2Trade identifies that you are not eligible for a licence for any reason that has not been disclosed to Licence2Trade, Licence2Trade will notify you in writing and the three following options will be provided to you:
1. Licence2Trade may put your application on hold for a maximum period of 24 months to allow you time to meet the requirements of the licence(s) you are applying for;
2. Licence2Trade may offer an alternative pathway to you to obtain a similar licence through an alternative means;
3. You may cancel your application and forfeit all fees paid to Licence2Trade. Should you wish to re-apply a discount will be provided to you of up to 25% upon review of your re-application submission.
11. CLIENT EVIDENCE
Each client must have an onboarding conversation about their work history and their ability to provide documentation demonstrating the required experience for their desired licence. After the onboarding call, Licence2Trade will email the evidence list of information required to the client. Once this has occurred, the client must adhere to the timeframes below regarding evidence collection.
A client applying for a licence application will receive up to three (3) months to provide the necessary work history and referee information. Each client will receive three (3) opportunities to provide the required work history evidence for the licence application (this timeframe can benegotiated with the Licence2Trade team based on the client’s circumstances).
In the first instance, each client is given up to 30 calendar days to gather and submit their work history evidence once the evidence list has been sent (this timeframe can be negotiated withthe Licence2Trade team based on the client’s circumstances). Licence2Trade will have up to 10 business days to review the evidence and communicate the viability of the evidence and any additional requirements.
If the required evidence is not provided to the Licence2Trade team within the outlined 30calendar days, the client will receive up to an additional 30 calendar days (timeframe is negotiable) to submit their evidence. The Licence2Trade team will communicate the evidence review outcome to the client within 10 business days.
After the third attempt, if the client does not provide the required evidence, the client’s file will be placed on hold, and all work on the client’s licence application will cease until a time when the client’s file has been reinstated.
It is the client’s responsibility to ensure all information required for their licence application is provided to Licence2Trade, including acceptable referees and referees’ contact information. Licence2Trade will make a maximum of three (3) attempts to contact the client’s referees on behalf of the client to obtain specific project information and reference documentation; however, if the reference information and documentation is not obtained from the referee within these attempts, the responsibility lies with the client to obtain and provide these documents to Licence2Trade.
If it is deemed that a client is unable to provide the required evidence, Licence2 Trade will provide a client with the opportunity to place their file on hold until such evidence can be provided to reinstate a client’s file. Where a client is unable to provide the required evidence within 2 months of the expired 90 days from onboarding, Licence2Trade may close the client’s file.
Important note: During peak periods, public holidays (National and Queensland specific), COVID-19 related staff absences, unforeseen lockdowns, or business closure periods; clients may experience delays in the process. This may involve, but is not limited to,
12. FORCE MAJEURE
Licence2Trade shall not be liable for any failure or delay supplying the Services due to a cause beyond Licence2Trade’s control including, but not limited to, acts of God, strikes, lockouts or other industrial disturbances, fire, flood, explosion, civil riot and government influence.
13. COVID-19 LIMITATIONS & FORCE MAJEURE
With the ever-evolving challenge of COVID-19; Licence2Trade may be subject to the unavoidable limitation of unforeseen lockdowns as well as potential staff absences due to illness and/or isolation. While every reasonable effort is made to minimize the effect of the above, the occurrence of force majeure is unavoidable in some instances. Due to this, clients may be subject to delays in Licence2Trade response and calls backs, review of evidence, application preparation and submission and other service-related outcomes during a COVID-19 outbreak.
14. LEGISLATIVE CHANGES
Where there are any legislative or policy changes within the licensing authority that are made during your application or consultation, be it before the provision of an application or consultation after the fact, Licence2Trade will not be held accountable for any loss or damages or otherwise negative impact that results from these changes. Licence2Trade will endeavor to assist as best we can to remedy your situation, however, will not be liable for providing any refund or otherwise where a change has been made outside of our control that affects your eligibility to obtain a licence.
15. MUTUAL RECOGNITION
Under Part 3 of the Mutual Recognition Act 1992 (Cth), state and territory licensing authorities are required to recognise a licence issued by another state or territory licensing authority. Section 23 of the Mutual Recognition Act 1992 (Cth) permits a licensing authority to reject an application where they deem that the occupation or scope of work that the individual is applying for is not equivalent to the licensing they hold by another authority where an equivalent outcome cannot be achieved through the imposition of conditions or restrictions. Whilst Licence2Trade endeavors to aid with Mutual Recognition, we cannot provide any guarantee as to the recognition of one jurisdiction to another and will not be held liable for loss or damages where an application for Mutual Recognition is not approved.
On 1 July 2021, a new national Automatic Mutual Recognition of Occupational Registrations (AMR) scheme commenced in New South Wales, Victoria, the Australian Capital Territory and the Northern Territory. As part of the transitional period, a limited number of occupational registrations are currently within the AMR scheme in New South Wales, Victoria, the Australian Capital Territory and the Northern Territory. Licensed workers from one of these jurisdictions intending to work in another one of these jurisdictions may be able to take advantage of the reform. Other states are expected to implement AMR over the coming year. Licence2Trade will keep abreast of any changes that may apply to your circumstance and licence reciprocity under the AMR. You can find out more information about the implementation of the AMR by visiting Occupational Mobility Eligibility.
16. TECHNICAL QUALIFICATIONS
Whilst Licence2Trade will provide every endeavor to assist you in the process of applying for a licence in relation to the technical qualifications requirements we cannot guarantee that a qualification will be accepted by the licensing authority. In the case where Licence2Trade believes that the technical qualifications you have do not meet the requirements of the licensing authority, Licence2Trade will make recommendations as to an alternative pathway. Any fees, costs or charges associated with applying for recognition of prior learning, interstate licensing or any other outcome of a qualification not being accepted by a licensing authority will remain the responsibility of you, the client, and Licence2Trade will take no responsibility for any such fees, costs or charges.
If you commit a breach of any of your obligations under this Agreement (including those relating to payment), then Licence2Trade may, subject to the provisions of this Agreement and without prejudice to any other rights it may have at law or under this Agreement, at any time during the continuance of the breach terminate this Agreement, and sue you for damages for breach of the Agreement and for all expenses incurred by Licence2Trade as a result of the breach.
If any money payable to Licence2Trade becomes overdue, or in Licence2Trade’s opinion you will be unable to meet your payments as they fall due, then without prejudice to Licence2Trade’s other remedies at law:
(a) all amounts owing to Licence2Trade shall, whether due for payment, immediately become payable; and
(b) Licence2Trade shall be entitled to cancel all or any part of the Services to you which remains unperformed.
Termination of this Agreement shall not affect any rights or obligations of a party which have accrued as at the date of termination.
Licence2Trade manages personal information in line with the Information Privacy Act 2009 (Cth). Your personal information may be collected and used by Licence2Trade. We collect and manage your personal information in multiple ways, including over the phone and via email, and you consent to us collecting, storing, using, maintaining, and disclosing your personal information in accordance with the Information Privacy Principles (IPP’s).
19. INTELLECTUAL PROPERTY
The supply of any Services by Licence2Trade to you does not constitute a transfer of any Intellectual Property Rights in the Services. Any Intellectual Property Rights that are created during the performance of the Services (or any activities incidental to the Services) shall vest in Licence2Trade.
Licence2Trade grants you with a perpetual, non-transferable, royalty-free licence of any intellectual Property Rights required in order to consume the Services pursuant to this Agreement. Without limiting this clause, you must not directly or indirectly attempt to modify, engineer, decrypt, disassemble, decompile, decipher or reconstruct in any way the Services or any Intellectual Property.
For the purposes of this clause, Intellectual Property Rights means all present and future rights conferred by statute, common law or equity in or in relation to copyright, trademarks, designs, patents, inventions and other results of intellectual activity in any field whether registrable, registered or patentable.
20. CONFIDENTIAL INFORMATION
If at any time Licence2Trade discloses to you or you become aware of confidential information of Licence2Trade relating to its Services, material, procedures, client lists or tests, you must not use the information for any purpose not approved by Licence2Trade and not disclose that confidential information to any other person unless expressly agreed in writing by Licence2Trade.
No variation, modification or waiver of any provision of this Agreement shall be of effect until confirmed in writing and signed by all parties and shall be limited to the variation, modification or waiver expressly provided. However, where Special Conditions apply to this Agreement then the Special Conditions prevail to the extent of any inconsistency with these standard terms and conditions.
22. GOVERNING LAW
This Agreement shall be deemed to be governed by the laws of the State in which the Services are provided and any action relating to this Agreement shall be taken in the appropriate court in that State.
You shall not assign the benefit of this Agreement to any other person, partnership of persons, company or trust without the consent in writing of Licence2Trade which may be granted or withheld in Licence2Trade’s absolute discretion. Licence2Trade may assign the benefit of this Agreement to any person if person undertakes to be bound by the terms of this Agreement to the extent that it is binding upon Licence2Trade.
24. TERMS AND CONDITIONS
Licence2Trade reserves the right to review these Terms and Conditions at any time from time to time. If, following any such review, there is to be any change, it will take effect from the date on which Licence2Trade post an updated version to its website.
If any provision of this Agreement shall be found to be void, voidable or unenforceable, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired.