1. Excelsior Accreditation will carry out the services set out in the Proposal based on the terms and conditions provided hereunder and the Client has read and agrees to the Terms and Conditions.
2. If you do not agree with the terms and conditions, you must cease usage of the of Services, immediately.
3. Excelsior Accreditation reserves the right to review and change any of the terms and conditions at its sole discretion. When Excelsior Accreditation updates the terms and conditions, it will use reasonable endeavours to provide you with notice of updates to the terms and conditions. Any changes to the terms and conditions take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records
4. The Proposal is valid for 30 days.
5. Payment
5.1. The price for the services shall be that set out in the Proposal. Any variation or additional works shall attract a further charge as directed by the client in writing and only if approved by the client in advance.
5.2. Pricing within the proposal is on the basis that the services to be carried out by Excelsior Accreditation are to be done within the estimated timeframe. In the event Excelsior Accreditation are unable to complete services through no fault of their own in the estimated timeframe due to access difficulties and/or delays in the transfer of required information or content from the client then Excelsior Accreditation reserves the right to reschedule for the services.
5.3. When scheduling the clients work with Excelsior Accreditation, the total amount payable including gst will be required in full prior to submission of documents on the accreditation portal.
5.4. All accounts are to be paid in full upon completion of services as per the terms of the proposal unless other arrangements have been made prior to commencing. Our standard payment terms are settlement in full within 30 days.
5.5. In the event payment is not received within 60 days of the original due date (as shown on invoice), the Client may incur a late fee of 2% which will be added to the invoice price on the 61st day post due date and thereafter interest shall be incurred on overdue payments daily at the rate of 2% per annum from date of due payment until eventual date of payment.
6. For subscription-based services:
6.1. In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
6.2. Once you have purchased the Subscription, you will then be required to register for an account before you can access the Services.
6.3. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
6.3.1. Email address
6.3.2. Preferred username
6.3.3. Telephone number
6.4. Excelsior Accreditation can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.
6.5. Subscription for Gold and Silver packages is available in 12, 24, 36 or 48-month plans.
7. As a client, you must comply with the following:
7.1. you will use the Services only for purposes that are permitted by:
7.1.1. the terms and conditions; and
7.1.2. any applicable law, regulation, or generally accepted practices or
7.1.3. guidelines in the relevant jurisdictions.
7.2. you will not use the Services in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Excelsior Accreditation.
7.3. you will not use the Services for any illegal and/or unauthorised use.
7.4. you must provide accurate information and evidence to Excelsior Accreditation for the purposes of meeting the DIAS Standards.
8. Refund Policy
8.1. Excelsior Accreditation will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the Director of Excelsior Accreditation makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances .
9. Information provided in the Proposal is only applicable to the scope of works within it. Changes to the scope may alter the fee and timeframe, if this is the case then Excelsior Accreditation will write to the client and confirm any variations, for acceptance by the client by return. Access to required information to fulfil the requirements of the scope may impact the delivery of the timeframe of the proposal. If access is not within the agreed timeframes and will impact the timeframe of the agreement, then Excelsior Accreditation will likewise write to the client advising them such and seek an extension to the timeframe.
10. General Disclaimer
10.1. Nothing in the terms and conditions limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
10.2. Subject to this clause, and to the extent permitted by law:
10.2.1. all terms, guarantees, warranties, representations, or conditions which are not expressly stated in the Terms are excluded; and
10.2.2. Excelsior Accreditation will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
10.3. Use of the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Excelsior Accreditation make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Excelsior Accreditation) referred to on the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
10.3.1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
10.3.2. the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
10.3.3. costs incurred as a result of you using the Website, the Services or any of the products of Excelsior Accreditation; and
10.3.4. the Services or operation in respect to links which are provided for your convenience.
10.4. Termination of contract
10.4.1. The Terms will continue to apply until terminated by either you or by Excelsior Accreditation as set out below
10.4.2. Excelsior Accreditation may at any time, terminate the Terms with you if:
a. you do not renew the Subscription at the end of the Subscription Period
b. you have breached any provision of the Terms or intend to breach any
provision;
c. Excelsior Accreditation is required to do so by law;
d. the provision of the Services to you by Excelsior Accreditation is, in the
opinion of Excelsior Accreditation, no longer commercially viable.
10.4.3. If you want to terminate the Terms, you may do so by:
a. not renewing the Subscription prior to the end of the Subscription Period;
b. providing Excelsior Accreditation with 30 days’ notice of your intention to terminate;
c. If you terminate your plan, you will need to pay out the any remaining plan payments in full and
d. closing your accounts for all the services which you use, where Excelsior Accreditation has made this option available to you.
