RPL Info

• AGENT — refers to Certificate Pro, a company that provides services to clients for the purpose of recognising prior learning (RPL).
• AGREEMENT — refers to the document called the "Client Service Agreement."
• APPLICATION — denotes the act of submitting or lodging the necessary document(s) for the client's RPL assessment by the relevant Registered Training Organisation (RTO).
• ASSESSOR — a member appointed by the relevant RTO who evaluates the client's RPL application and decides whether to grant recognition for a particular unit of study.
• CLIENT — refers to the party that engages Certificate Pro for their RPL services, as outlined in clause 5 of this Agreement.
• RPL (Recognition of Prior Learning) — a process that assesses an individual's competency, acquired through formal and informal learning, to determine if they meet the requirements for a unit of study.
• PARTY or PARTIES — refers to both Certificate Pro and the Client.
• REGISTERED TRAINING ORGANISATION (RTO) — defined in section 3 of the National Vocational Education and Training Regulator Act 2001 (Cth) as a training organization listed on the National Register.
• SUPPORTING DOCUMENTS — any requested information, documents, evidence, and materials provided by the Client and compiled by Certificate Pro to assist in the RPL application sent to the RTO.

• Certificate Pro acts as an intermediary, aiding Clients in pursuing RPL assessments through various RTOs.
• The Agent's role is to assist the Client with gathering information, obtaining supporting documents, and submitting the Client's RPL application to the appropriate RTO.
• The Client acknowledges that the evaluation of the RPL application by the Assessor at the relevant RTO will be based on the institution's own standards.
• The Client agrees that Certificate Pro will be protected against any claims or liabilities arising from misconduct by the Client.
• Any violation of obligations and responsibilities under this Agreement may result in termination.

• The Agreement will automatically terminate when the Agent receives a final decision from the Assessor regarding the Client's Application and communicates it to the Client in writing.
• The Agent will gather information and relevant documents, submit the Application to the Educational Provider, provide a brief initial assessment of the Client's eligibility, and collect fees at the Agent's discretion.
• The Client understands that the Agent is not an expert in verifying, examining, or authenticating the documents submitted.
• The Agent is not responsible for completing the assessment or documentation that determines the Client's competency.
• The Agent is responsible for submitting the Application by the deadline set by the Educational Provider unless the Client causes delays.
• The Educational Provider holds the authority to approve or reject any applications. If the Client is dissatisfied with the outcome, it is their responsibility to contact the Educational Provider directly.
• The Client agrees to be held liable for any fraudulent, misrepresentative, or dishonest information included in submitted documents.
• Both parties confirm they have the authority and legal capacity to enter into this Agreement and have willingly agreed to its terms.

• Both parties guarantee that they will act in good faith and adhere to all provisions stated in this Agreement.
• Any failure or delay by a party in exercising their rights does not waive such rights. Any waiver must be made in writing.
• Before initiating any court proceedings related to a dispute, the party must first attempt to resolve the dispute in good faith.
• All notices must be in writing and directed to the most recently provided address. Notices can be sent through standard mail or email.
• This Agreement does not establish a partnership, joint venture, or employment relationship between the parties.
• This Agreement constitutes the entire understanding between the parties, superseding all previous discussions and agreements.

• Providing the Client with information regarding available options and courses offered by an Educational Provider.
• Assisting the Client in completing the Application forms required by the Educational Provider.
• Gathering information from the Client that pertains to the Application.
• Organising and compiling materials obtained from the Client for the Application.
• Submitting the necessary documents and supporting materials to the Educational Provider within the specified deadline.
• Utilising materials provided by the Client in accordance with the relevant tools and information received from the Educational Provider.
• Communicating with the Client and notifying them of any correspondence received from the Educational Provider.

• The Client must not provide the Agent with any supporting materials or documents that contain false, deceptive, or misleading information.
• The Agent does not guarantee that the RPL Application will be accepted by the assessing authority.
• The Agent assumes that all information provided by the Client is correct, accurate, reliable, plausible, not misleading, not fraudulent, and not deceptive.
• The Agent is not held responsible if the Client submits fraudulent or misleading documents. Any losses incurred will be the Client's responsibility.
• The Agent cannot be held responsible for any decisions made by the assessing authority to reject the RPL Application.
• The Client will be responsible for paying any applicable fees resulting from their delay in submitting required information.

• The Client is responsible for providing the Agent with all necessary information and materials required for the RPL assessment process.
• The Client is responsible for paying the RPL assessment fees directly to the RTO. However, the Agent may collect and submit these fees on their behalf.
• The Agent will not be held responsible or accountable for the decision or outcome made by the RTO.
• The Client is bound by the refund policy established by the RTO.
• Certain RTOs may charge a non-refundable assessment fee ranging from approximately $250.00 to $500.00. The Client must confirm with the Agent whether the RTO fee is non-refundable before making any payment.

• Any deposit or service fee paid by the Client is non-refundable under all circumstances, except as stated in the exceptions below.
• If the Client informs the Agent in writing within one calendar month from the application date (or before submitting the application to the RTO, whichever is earlier) that they no longer wish to proceed, they may be eligible for a refund of the deposit by submitting a completed Refund Request Form to accounts@careersconnect.org.
• If an assessor from the RTO determines that the Client is ineligible for a qualification, the Client is entitled to a refund under the Australian Consumer Law (ACL) as per the Competition and Consumer Act 2010 (Cth).
• The Client agrees to pay a non-refundable assessment fee to the RTO. The Agent will inform the Client via invoice or email prior to submitting the application.
• The Client must complete the Application Cancellation Form in its entirety and submit it to accounts@careersconnect.org within the specified refund period.
• The Agent retains the right to decline refund requests in the event of regulatory changes affecting the Agent and/or its partner RTOs.
• All refunds will be processed within 14 business days after the Agent receives a completed Refund Request Form.
• To appeal a refund outcome, the Client must email the Refund Request number and relevant information to: office@certificatepro.au.
• Any documentation received from the RTO will be stored by Certificate Pro for 6 weeks. If the Client cannot be contacted within this period, the document will be returned to the RTO. Retrieval after this period may incur an additional service fee of up to $100.

• Breach of Agreement: If the Client violates this Agreement, the Agent has the right to terminate by providing written notice.
• Termination Procedure: Upon termination, the Agent will no longer fulfill its duties. The Assessor will continue evaluating the Application, and the Client is responsible for ensuring all communications are directed to their specified contact details.
• Unresolved Dispute: If the Application has not been submitted and parties fail to reach a mutual agreement, the Agent may charge the Client for services rendered, cease work without financial liability, or proceed with any other agreed work.
• Return of Confidential Information: Upon termination, the Agent must return all physical copies of the Client's confidential information and delete any electronic confidential information.
• Dispute Notice: The party raising a dispute must notify the other party in writing with sufficient details.
• Good Faith Negotiation: The parties must meet and engage in good faith discussions to attempt to resolve the dispute.
• Mediation: If the dispute remains unresolved within seven days of the Dispute Notice, it will be submitted to mediation subject to the Resolution Institute Mediation Rules.

Confidentiality

• Both parties agree to keep the details of this Agreement confidential.

Severability

• If any provision of this Agreement is deemed invalid or unenforceable, the rest of the Agreement will remain valid and enforceable.

Governing Law and Jurisdiction

• This Agreement is governed by the laws of New South Wales and the Commonwealth of Australia. The parties agree to the non-exclusive jurisdiction of the courts in that jurisdiction.

Counterparts

• This Agreement can be signed in multiple copies, each considered an original, but all copies together form one single agreement.