1. TERMS AND CONDITIONS
These terms and conditions govern your use of our services of ILM Advice. By using our services, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our services.
- 2.1. “International Learning and Migration Advice” is registered with ACN No. 636 709 932.
- 2.2. “Client” The person or persons, who request, arrange and pay for the
private consultancy. This is assumed to be the person who makes initial contact with ILM Advice for the purposes of sourcing a consulting service.
2.3. “Student” This is the person receiving services from a ILM Advice representative.
2.4. “Representative” This is the person providing services, who is represented by ILM Advice.
The representative is the recipient of the service fee.
2.5. “Representative” is any professional introduced to the Client by ILM Advice, who will provide professional advice on any area of education as required by the Client.
2.6. “Consultancy” is the provision of lessons to the Students, charged at an hourly rate and billed through ILM Advice.
2.7. “Consultancy” is the provision of education advice or consultation, charged at an hourly rate and billed through ILM Advice as an agent for the Consultant.
2.8. “Service” is the list of offers and type of advices that will be provided through ILM Advice.
3.1. Fees and Payment
The billing process will be under the control of ILM Advice who shall send an invoice to the Client upon providing and completion of the consultancy services. Payments must be made to ILM Advice within 14 days of the date of the invoice.
The fees for consultancy will be agreed in advance by the Client and ILM Advice. ILM Advice reserves the right to change our rates at any time, provided ILM Advice gives the Client prior written notice of any changes. Payments must be made directly to ILM Advice.
Once the Representative has been placed with a Client and the Client is happy to go ahead with that Representative for the duration of the placement, a one-off placement fee of $200.00 will be charged to the Client upon completion of initial advice including any other service fees included as part of the invoice.
The Client or Student is not permitted to make private arrangements for consultancy with any Representative introduced by ILM Advice. Should a Client or Student breach this obligation, they will be liable to account to ILM Advice for all sums paid to the Representative without deduction and ILM Advice shall be entitled to obtain an injunction against a Client to prevent further breaches. This obligation shall continue notwithstanding termination of this agreement.
All expenses for the Representative will be covered in your agreed fee with ILM Advice.
ILM Advice accepts no liability for any claims by the Client arising out of or related to the carrying out of the consultancy by a Representative introduced by ILM Advice.
Any report provided as part of consultation services is for advisory purposes only and should not be relied upon. Reports will be a true and accurate view of the subject matter as at the date of issue of the report only.
3.5. Cancellation Policy
It is the responsibility of the Client to notify the Representative in advance of any changes to the consultancy timetable that may arise, including but not limited to holiday, illness, and adverse weather conditions that prevent access. If the Client cancels an advice session by giving less than 24 hours’ notice, unless there are mitigating circumstances, the fee for the session remains payable in full and the Client shall be invoiced in accordance with the above payment terms.
3.6. Termination of Consultancy
The Client can terminate consultancy with a Representative with 48 hours’ notice. A Representative can terminate consultancy with a Client with 2 weeks’ notice. This period is in place to allow ILM Advice to find a replacement consultant, if required. ILM Advice has the right to waive the 2 week notice period if it is felt that this would be in the best interest of both the Representative and the Client.
The following arrangements are understood and agreed by both parties:
Once a Representative position has been confirmed, you are entering into a contract between you (the Representative) and the Client. ILM Advice acts as agent on behalf of the Representative and the Client and is only responsible for sourcing Clients and appropriate Representative for the specific subject, and is not responsible for the content of advice sessions and the teaching methods.
I) ILM Advice is not obliged to offer opportunities to any given Representative; consultant opportunities are subject to demand and there is no guarantee that they will be offered. The Representative is not obliged to accept any given consultant opportunity. If the representative accepts an opportunity, they are automatically agreeing to these terms and conditions.
ii) When a Representative accepts a opportunity, ILM Advice will give that Representative the contact details of the Client. The Client will also be given the contact details of the Representative. The Representative should then make contact with the Client as soon as possible to discuss their requirements and, if appropriate, arrange the first session. The Representative should then call or email ILM Advice to confirm that they have contacted the Client and inform us of any arrangements that have been made.
iii) Representatives are expected to provide a high standard of consultancy, meeting the requirements of the Client, Student and ILM Advice. Representatives are expected to be fully prepared for every session, be punctual and well- presented, and to respect the ethos and values of ILM Advice at all times.
iv) Representatives are expected to regularly access their email and phone, and to respond to offers of opportunities and other communications, both from Clients and from ILM Advice.
v) Representatives are expected to keep ILM Advice informed of changes to their consultancy preferences, availability, or contact details.
4.3. Private Arrangements
The Representative is not permitted to make any private arrangement for consultancy with any Client or student introduced by ILM Advice. Should you breach this obligation, you will be liable to account to ILM Advice for all sums received by you from the Client/new Client without deduction and ILM Advice shall be entitled to obtain an injunction against you to prevent further breaches. This obligation shall continue not withstanding termination of this Agreement.
Any work referred to a Representative by a Client of ILM Advice must be logged on to the CRM and billed through ILM Advice on your behalf.
4.4. Interview procedure and certificate
All Representatives must have an interview carried out by ILM Advice. Representatives may be required to submit a full CV, photo ID, references and evidence of qualifications. Representatives must provide a copy of a valid certificate, before ILM Advice will introduce you to potential clients or consulting opportunities.
4.5. Representative Profiles
Representative must keep their profiles up to date using CRM. ILM Advice allocates jobs to Representatives according to uploaded profile details, so it is imperative that you keep these current and accurate.
You and the Client are responsible for finding and agreeing on a suitable environment or ILM Advice Office in which consultancy can take place.
i) ILM Advice will agree the fee structure with the Client and this must not be changed without written authority of ILM Advice. ILM Advice will invoice clients on behalf of the Representative.
ii) ILM Advice will invoice Clients fortnightly based on the information provided by Representative on CRM. If you are late entering information or there is incorrect information recorded, payment may be delayed. Payments will only be made to Representatives once the invoices have been paid by the Client upon providing the services offerings.
iii) The Representative will not accept any payment direct from the Client. Should you do this, you will be removed from the list of approved Representatives for ILM Advice and no longer referred to Clients under this agreement. All sums received by you directly will be immediately payable to ILM Advice and shall be actionable through the Courts without further notice to you.
iv) The Representative is responsible for declaring their income for tax purposes and for their own superannuation. You further agree to indemnify ILM Advice in respect of all and any income tax and super contributions which may be found due from ILM Advice on any payments made to you under this agreement together with any interest, penalties or gross-up thereon. For the purposes of record keeping, you will account for the full fees due from the Client as income and the commission as expenditure.
All expenses, including materials and travel, must be agreed with ILM Advice prior to the commencement of consultancy. Any expenses incurred by you without prior agreement with ILM Advice will not be reimbursed to you.
4.9. Cancellation policy
It is the responsibility of the Representative to notify the Client in advance of any changes to the consultancy timetable that may arise as a result of (including but not limited to) holiday, illness, adverse weather conditions that prevent travel.
The Client may cancel a session with 24 hours’ notice. If the Client cancels a lesson with less than 24 hours’ notice, the Representative may charge for the first hour of the cancelled session. In this case, the Representative should record the hour on CRM with a note to say that the lesson was cancelled.
The Representative has the right to forgo payment for a lesson cancelled with less than 24 hours’ notice, if the Representative believes there is a justifiable reason for the late cancellation and wishes to maintain a good relationship with the Client.
ILM Advice accepts no liability for any claims by the Client arising out of or related to the carrying out of the consultancy by the Representative and agree to indemnify ILM Advice without limit in respect of any such claims.
Representative undertake that they shall not at any time during this agreement, and for a period of five years after termination of this agreement, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of ILM Advice, except that you may disclose ILM Advice’s confidential information as may be required by law, court order or any governmental or regulatory authority. Representative shall not use ILM Advice’s confidential information for any purpose other than to perform your obligations under this agreement.
4.12. Data Protection Act
ILM Advice uses Representative data for the purposes of the services that it provides, in accordance with the Data Protection Act. Consultant information will be stored solely for the purposes of offering consultancy services to Clients and to enable us to verify information and make all necessary checks, enquiries about a Representative, and for billing payment.
ILM Advice reserves the right to alter these terms and conditions. ILM Advice will, however, notify the Representative or client in writing of any changes. Unless otherwise agreed in writing by a Director of ILM Advice, these Terms and Conditions shall prevail over any other terms of business or conditions put forward by you. No variation or alteration of these Terms and Conditions shall be valid unless approved in writing by a Director of ILM Advice.
These terms and conditions the Agreement between us for the supply of Consultancy services and Education Consultancy to the client and are deemed to be accepted by Representative by virtue of signing these Terms and Conditions, or accepting a consultancy placement.
This Agreement and (any documents referred to in it) constitutes the entire agreement between the parties and supersedes and extinguishes all previous drafts, arrangements, understandings or agreements between them, whether written or oral, relating to the subject matter of this Agreement.
If any provision of this Agreement is, or becomes, to any extent illegal, invalid or unenforceable, then it is the intention of the parties that this Agreement shall be deemed amended in a reasonable manner to the extent necessary to render it enforceable without losing its intent, or at the discretion of the parties or the determination of the Court, such provisions shall, to the extent of the unenforceability, be deemed not to form part of the Agreement. In either case, such provisions will not affect the legality, validity or enforceability of any other provision of this Agreement, which shall continue in full force and effect.
This Agreement maybe executed and delivered in any number of counterparts, each of which is an original and which, together, have the same effect as if each party had signed the same document.
Each party acknowledges that, in entering into this Agreement and the documents referred to in it, it does not rely on, and shall have no remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in this Agreement or those documents. Each party agrees that its only liability in respect of those representations and warranties that is set out in this Agreement or those documents (whether made innocently or negligently) shall be for breach of contract. Nothing in this Clause shall limit or exclude any liability for fraud.
This agreement and any dispute, claim, payment or obligation (whether contractual or non-contractual) arising out of or in connection with it, its subject matter or formation shall be governed by Australian Law and the parties hereby submit to the exclusive jurisdiction of the Courts of Victoria, Australia for the purposes of resolving any such matters.
ILM Advice (ACN No. 636 709 932) is a consulting firm and does not provide any legal, education and business advice or opinions. If you require any legal, education, business or other advice; ILM Advice will direct the client to one of our qualified legal, education, migration or business advisors for any necessary assistance or advice. ILM Advice is associated with a number of qualified educator (QEAC 0693) as part of the quality service offering to the clients based on their education requirements.
In any case, if any parties have any questions, or in the case of disputes regarding the terms and conditions at ILM Advice, need to notify at firstname.lastname@example.org.