Service Agreement – Maple Learning Services

Thank you for choosing Maple Learning Services.

THIS SERVICES AGREEMENT (the “Agreement”) is entered into and effective as of the day you “AGREE” (the “Effective Date”) by and between Maple Terra Australis Group Pty Ltd (“Maple”) and you or the company or entity you represent (“Client” or “You”).

PLEASE SCROLL DOWN AND READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE CLICKING AN “AGREE” OR SIMILAR BUTTON OR USING OUR SERVICES (DEFINED BELOW). THIS AGREEMENT IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND MAPLE AND SETS FORTH THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF OUR SERVICES. BY CLICKING AN “AGREE” OR SIMILAR BUTTON OR BY USING OUR SERVICES, YOU ACCEPT AND AGREE TO ABIDE BY THESE TERMS AND CONDITIONS AS PRESENTED TO YOU – ANY CHANGES, ADDITIONS OR DELETIONS BY YOU TO THESE TERMS AND CONDITIONS WILL NOT BE ACCEPTED BY MAPLE AND WILL NOT BE A PART OF THIS AGREEMENT.

MAPLE HAS COMPLETE DISCRETION TO UPDATE AND CHANGE THE SERVICES AGREEMENT FROM TIME TO TIME AND TO CHANGE THE SCOPE OR FEATURES OF THE SERVICES FROM TIME TO TIME. MAPLE MAY MAKE SUCH CHANGES WITHOUT NOTICE. IF THERE ARE ANY CHANGES TO OUR TERMS OF SERVICE, THESE WILL BE REFLECTED ON OUR SITE. YOU ARE THEREFORE ADVISED TO READ THIS STATEMENT ON A REGULAR BASIS.

Provision of Services

Subject to the terms and conditions of this Agreement, Maple shall provide non-accredited self-paced e-learning services (“Training”).

Training

If the training is to meet Training Benchmark B requirements, remember that Australian permanent residents or citizens must attend. Training with non-Australians, business owners and family members can still be done, but it might not contribute fully towards the Training Benchmark B requirements. It is your responsibility to ensure that the trainees being nominated for the training are as per the requirements of the sponsorship application.

We know that quality training outcomes require quality training resources. That is why we have sourced our training resources from leading and recognized resource suppliers. However, our training is not accredited by any government body or education institution.

Accuracy of Client Information

As a MARA agent contacting us for the training of your clients, it is your responsibility to ensure you provide us accurate contact details of the Client. Since the training mode is e-learning only, having correct email id(s) of the client/trainee(s) is a pre-requisite for the training to begin. Maple Learning Services will reach out to you to get this information if it is not provided by you proactively.

Duty of disclosure

It is the MARA agent’s duty to provide full and detailed information about Maple Learning, its services, courses, training delivery methodology, completion requirements, accreditation status and charges to the trainees and their employers.

Accuracy of Documents

It is your responsibility to thoroughly verify all information on the Invoice, Training Plan, Payment Receipt and other documents issued by Maple and notify us for any corrections to be made. Maple shall not be responsible for any direct or indirect loss or damage that you incur due to the information provided on the documents.

Referral Bonus

In order to promote our business, from time to time we may offer a referral bonus to Migration Agents for referring Clients to us for training. Maple Learning Services operates in a highly competitive market segment. Offering a lucrative referral bonus is fundamental to our ability to compete, however this creates a huge pressure on our margins and hence the bonus shall be calculated strictly as outlined below.

Calculation of bonus

The bonus is calculated based on the prevailing bonus rate that applies to a particular agent. The bonus rate depends on a number of factors including but not limited to ongoing campaign, training amount, agent’s performance etc.

Bonus is calculated on the training amount excluding the GST i.e. bonus is NOT calculated on the total Invoice amount payable. If the agent is registered for GST, the agent can charge GST on top of the referral bonus, however a proper tax invoice should be issued.

The decision of Maple Learning Services on the bonus commission amount will be final and binding.

Remittance of Bonus

We will do our best to initiate the payment transaction for the bonus within 7 working days of the training expense being credit to us; however there could be delays owing to circumstances beyond our control. We accept no liability for any damage (financial or otherwise) caused by delay in the payment of referral bonus. It is the Migration Agent’s responsibility to ensure that they provide us the bank details in a timely and accurate manner to enable us to credit the bonus to their account within 48 hours.

If the agent’s details are present with us already, we shall transfer the bonus to the account as per our records. We shall send a confirmation email to the agent once we initiate the bonus transaction.

Disclosure of Bonus

Maple Learning Services shall not disclose the amount of bonus paid to trainees, organizations or others. The responsibility of disclosing this information to their Clients rests with the MARA agents.

Invoice for the Bonus Amount

We can create an Invoice for the bonus amount on your behalf. We hope that this will reduce the paperwork for you and since we are determining the percentage of the bonus, it will be efficient for both you and us if we create the Invoice for the referral bonus. We will seek prior permission from you to do so. If you allow us to create the Invoice for your bonus, you agree to following:

We can create a tax invoices in respect of the referral bonus on your behalf;
You will not issue tax invoices in respect of the referral bonus;
You acknowledge that you are registered for GST currently and will notify us if you cease to be registered; and
We also acknowledge that we are registered for GST currently and that we will notify you if we cease to be registered for GST.

Fee for training plan

There is no fee for the training plans. However, training shall be arranged only after the relevant fees has been paid.

Payment

All major Credit/Debit Cards, Bankers Draft or Electronic Funds Transfers are all acceptable methods of payment. Our Terms are payment in full prior to commencing the training.

Cancellation

Any fees paid for training course(s) will not be refunded due to change in mind or for any other reason such as sponsorship refusal/cancellation after the training has been initiated. The fees can be refunded only if the training has not been initiated. Notification for instance via email and/or mobile phone ‘text message’, or any other means will be accepted subject to confirmation in writing. We reserve the right to levy a $100 charge per enrollment to cover any subsequent administrative expenses.

Refunds

Both the Client and we have the right to terminate any Services for any reason, including the ending of services that are already under way. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, under way. Any monies that have been paid to us which constitute payment in respect of the provision of uninitiated training shall be refunded i.e. before the trainee(s) have been enrolled for the training. If Maple decides that a refund will be issued, then you will be liable for a portion of the refund which shall be equivalent to the bonus you have received. Failure to remit your portion of the bonus back to us will prevent the refund from occurring.

Delivery

Each trainee is enrolled in the system individually. After the fees have been paid, a training link shall be sent to the trainees to access the training through our online learning management system. Trainees will have a period of 180 days to complete the training, after which the training enrollment shall expire. We will contact you to get the email addresses of the trainees for the purpose of sending them the training links.

Completion of Training and Issuance of Certificate

We will issue a certification of course completion to the trainees only when all of the following have been met:

Learners have completed all the sections under the ‘Learning Support Material’ on our LMS.
Learners have completed the assessments as set out by us.
Learners have provided us an id document of themselves.

Expiry of Training

Attendees will have a period of 180 days to complete the training from the day of enrollment, after which the enrollment shall expire. Maple will make reasonable efforts to remind the trainees and their employers if and when the training has not been completed. These efforts shall be in the form of reminder emails and phone calls where possible. However the ultimate bottom line to finish the training on time and follow the benchmark requirements in letter and spirit lies with the trainees and their employers.

By submitting data or information to us or as part of our services you confirm that:

The publishing of any data, information, material or communication of any type by you will not breach or infringe upon the intellectual property rights of any third party whatsoever;
You accept all liability for the dissemination of the data or information provided by you to Maple.
You agree to use this website in accordance with any and all applicable laws and regulations relating to your use of the internet in the state, country or region in which you live, and of this agreement.

Privacy Statement

We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. There are specific offences for unauthorized actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.

Confidentiality

Client records are regarded as confidential and therefore will not be divulged to any third party, other than our LMS and training material provider if required to do so for the provision of agreed services. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.

Exclusions and Limitations

The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company:

Excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
Excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
Maple will not be liable for any indirect or consequential losses arising from use of the training, including loss of profits or loss of earnings.
We retain the right to remove, alter, discontinue or terminate any aspect of the Services provided to you without notice.
In no event will we be liable to you or any other party for direct or indirect loss in connection with data uploaded by you or your clients to our servers.
You acknowledge that we make no representation whatsoever about the accuracy or truth of any data held on our servers, or contained in the training.

The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Availability

Unless otherwise stated, the services featured on this website are only available within Australia. All advertising is intended solely for the Australian market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

We reserve the right to do any of the following, without limitation:

Suspend your User Account;
Permanently remove or alter content related to your account; or
Terminate your account if you breach any term or condition contained within this document.

Indemnity

You indemnify us, our officers, directors, staff, agents and contractors from any loss or damage, including any and all legal costs (including lawyers’ fees), which we may suffer as a result of your usage of Maple’s products and services. Additionally, you agree to cooperate fully with us in the defense of any claim. You also agree to ensure that you will not enter into any agreement with a third party such that the agreement between you and Maple shall place you in breach of the agreement with the third party. You agree to indemnify us from any action by a third party in relation to your agreement with us.

Cookies

Like most interactive web sites this website uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.

Links to this website

You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

Links from this website

We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites is not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Copyright Notice

Copyright and other relevant intellectual property rights exist on all text relating to the Company’s services and the full content of this website.

Communication

We have several different e-mail addresses for different queries. These, & other contact information, can be found on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

General

The laws of Commonwealth of Australia govern these terms and conditions. By accessing this website and using our services you consent to these terms and conditions and to the exclusive jurisdiction of the QLD courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of the Company.

As a user of our website, you agree that you will not:

Attempt to reverse engineer, de-compile or attempt to extract the source code of the training plan web application.
Use the Services for an illegal, unlawful, improper or infringing purpose, or in a way that encourages criminal activity;
Install spiders, data scrapers, viruses or other malicious software or otherwise use the Services in a manner which may threaten the integrity and security of the application or website;
Upload, transmit, post or share any virus or malicious computer code or software which may cause damage to, or violate the privacy of Maple or any other user of the site;
Upload, transmit, post or share any explicit, pornographic, obscene or offensive images or text;
You will not upload any information that is fraudulent; or is in any other way objectionable.
What is objectionable will be determined by us in accordance with standard internet practices.