Terms of Service

This document outlines the contractual rights and obligations of all parties involved in any agreement for services provided by National Licensing. It contains the specific terms and conditions that govern the agreement and ensures that all parties are aware of their responsibilities.

Formation of Contract

By making payment of an invoice that includes these terms and conditions or by providing any other written or oral acknowledgement that these terms and conditions apply, you will be considered to have read, acknowledged, and agreed to be bound by them. All services provided by National Licensing and third parties used by National Licensing are subject to these terms and conditions.

You and National Licensing acknowledge that these terms and conditions take precedence over any other terms and conditions contained within your own documents or any other documents that you attempt to apply to the provision of our services.

Fee Information

National Licensing charges a professional fee for the services we provide to you, which covers all administrative work involved in collecting and preparing your licence application or consultation as per the services that have been sold to you. These fees must be paid in full prior to any work being undertaken unless otherwise negotiated.

Third-party financial platforms are not included in our pricing and are outside of our control. These fees are solely the responsibility of the client/customer, and we do not have any influence over them. We want to assure you that our pricing remains the same and is not affected by any charges imposed by third-party financial platforms. We recommend that you review the terms and conditions of any such platform before using their services to ensure that you are aware of any potential fees that may be charged.

General Guidelines for Our Services

At the heart of our service, National Licensing is committed to the following:

• Informing you about your eligibility for a licence based on the information you provide us and that is available from licensing authorities.
• Providing you with a truthful assessment of any gaps that may prevent you from obtaining a licence.
• Refraining from preparing an application when we believe that it has little to no chance of being approved.
• Evaluating your technical qualifications against the requirements of the licence class(es) for which you are applying and advising you on obtaining any necessary qualifications.
• Assisting you in obtaining the necessary experience to meet the requirements of the licence application.
• Preparing referee reports in consultation with your chosen referees and facilitating the signing of these statements, where applicable.
• Helping you gather the information and evidence needed to meet the proof of employment/lawful engagement requirements.
• Preparing a complete and accurate licence application. Please note that our provision of services is contingent upon your eligibility to obtain or upgrade a licence and the results of the relevant fitness and proprietary requirements. If there is any reason to believe that you may not be eligible to apply for a licence due to criminal convictions, bankruptcy, insolvency, previous fines, disqualifications, or any other issue, you must notify National Licensing immediately. Failure to do so may impact your entitlement to a licence. Any discussion regarding these matters will be kept confidential.

If you provide false or inaccurate information to National Licensing, we reserve the right to deny a refund of our professional fees, and you agree to indemnify National Licensing against any damages or losses resulting from the use of such information. Please be aware that the services we provide are based on current legislation administered by Government Regulators, which may be subject to reform that affects licence application criteria. In such cases, we will make every effort to adapt our services to meet new requirements, but we reserve the right to charge reasonable additional fees if the workload increases.

Indemnity

You agree to indemnify and hold National Licensing harmless against all losses, damages, claims, penalties, liabilities, and expenses (including legal costs) that may arise from your engagement of our services or any negligent act or omission on your part in relation to the services, including obtaining any products or successfully obtaining licenses, or any breach of this agreement by you.

Application Outcome

Although National Licensing will do everything possible to assist with a favourable outcome for your licence application, it is the ultimate decision of the licensing authority to approve or reject your application. Please be aware that National Licensing does not provide a guarantee for your licence application, and we will not be held accountable or liable for any losses or damages incurred by you as a result of a rejected, refused, withdrawn, or unsuccessful application.

General Warranties

By entering into this agreement, you acknowledge that you have not relied on National Licensing’s skill or judgment and have satisfied yourself as to your condition, eligibility, suitability, and fitness for the particular licence for which you wish to apply. You agree to apply for the licence(s) at your sole risk.

Please note that the services we provide come with guarantees that cannot be excluded under Australian Consumer Law. In the event of major failures with the service, you are entitled to cancel your service contract with us and receive a refund for the unused portion of any paid fees or be compensated for the reduced value of the service (refund policies apply). Re-supply of the services will occur at National Licensing’s sole discretion where the application or consultation has failed as a result of your misinformation, ineligibility, or if National Licensing determines that your qualifications and/or experience fall short of the relevant criteria associated with your particular application or consultation.

Government Fees and Charges

Please note that National Licensing is not responsible for paying any government fees or charges associated with licensing applications, including fees for applying for or renewing a licence. The applicant is solely responsible for any government fees or charges, and at no time will National Licensing be held responsible for these fees or charges payable to the licensing authority.

In some cases, National Licensing may purchase or pay for a required document for your licence application. This is limited to the purchasing of ASIC Historical Extracts for company applications and ASIC Business Name Extracts for individual or company applications.

GST

Please note that all amounts expressed in this Agreement do not include GST, and the liability to pay GST rests with the customer. National Licensing will provide the customer with a tax invoice before the due date for payment of the relevant supply.

Refund Policy Eligibility and Obligations

If you, as the client, wish to request a refund of any monies paid to National Licensing, you must make the request in writing via email to admin@nationallicensing.com.au. Unless required by statute, please note that National Licensing reserves the right to accept or reject refund applications at its sole discretion. Please be aware that any fees for work completed by National Licensing will be deducted from all refunds.

Licence Eligibility

In the event that National Licensing determines that you are ineligible for a licence due to reasons that were not previously disclosed, we will notify you in writing and provide you with the following three options: (a) We 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; (b) We may offer you an alternative pathway to obtain a similar licence through an alternative means; (c) You may choose to cancel your application and forfeit all fees paid to National Licensing.

Client Evidence

As part of our commitment to providing quality services, we require our clients to provide the necessary documentation to support their licensing applications. Our team will provide clear guidelines on the required documentation and will request them from the client when necessary. We understand that providing documentation can sometimes be challenging, but it is the client’s responsibility to ensure that they provide the required documents promptly. This will help us to expedite the application process and avoid unnecessary delays. We appreciate your cooperation in providing the necessary documentation, and we will work with you to ensure a smooth and successful licensing application process.

Force Majeure

Force Majeure is an event or circumstance beyond the reasonable control of either party which prevents, delays, or interferes with the performance of any obligation under this Agreement. A Force Majeure event includes but is not limited to, any act of God, flood, drought, earthquake, storm, epidemic, pandemic, war, civil unrest, terrorism, government action, industrial action, or any other event beyond the control of the parties.

If either party is affected by a Force Majeure event, that party will promptly notify the other party in writing, providing details of the event and the expected impact on their ability to perform their obligations under this Agreement. The affected party will use all reasonable efforts to overcome the effects of the Force Majeure event and to minimise any delay or disruption to the performance of their obligations.

During the period that the Force Majeure event continues, the affected party’s obligations under this Agreement (other than the obligation to make payment) will be suspended, and the affected party will be granted an extension of time for performance equal to the duration of the event. If the Force Majeure event continues for a period of more than thirty (30) days, either party may terminate this Agreement by written notice to the other party.

The parties acknowledge and agree that this Force Majeure clause is intended to apply to the maximum extent permitted by law and that the affected party will not be liable for any delay or failure to perform any of its obligations under this Agreement resulting from a Force Majeure event.

Technical Qualifications

We will do our best to help you meet the technical qualification requirements for your licence application, but we cannot guarantee that your qualifications will be accepted by the licensing authority. If we determine that your technical qualifications do not meet the requirements, we will recommend alternative pathways. Please note that any fees, costs, or charges associated with these alternatives are your responsibility, and we won’t be liable for them.

Termination

If you fail to fulfil any of your obligations under this Agreement, including payment, National Licensing may terminate this Agreement and pursue legal action for damages and expenses incurred as a result of the breach. If any payments to National Licensing become overdue, or it appears that you will be unable to make payments as scheduled, all outstanding amounts will become due immediately, and National Licensing may cancel any remaining unperformed services.

The termination of this Agreement won’t affect any rights or obligations that have already accrued as of the date of termination.

Privacy

National Licensing complies with the Information Privacy Act 2009 (Cth) when managing personal information. We may collect and use your personal information in various ways, such as 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). We may request personal and confidential information to fulfil your requirements for obtaining a licence. Our Privacy Policy is available on our website for your reference.

Intellectual Property

National Licensing retains all Intellectual Property Rights in the services provided to you. Any Intellectual Property Rights developed during the provision of the services will be owned by National Licensing. You are granted a non-transferable, royalty-free licence to use the Intellectual Property Rights required to consume the services. You must not attempt to modify, engineer, decrypt, disassemble, decompile, decipher, or reconstruct the services or any Intellectual Property. Intellectual Property Rights include rights in copyright, trademarks, designs, patents, inventions, and other results of intellectual activity, whether registrable, registered, or patentable.

Confidential Information

You agree to maintain the confidentiality of any confidential information disclosed to you by National Licensing, including information relating to its services, materials, procedures, client lists, or tests. You must not use this information for any purpose that is not approved by National Licensing or disclose it to any other person without the express written consent of National Licensing.

Variations

Any changes, amendments or exceptions to the terms and conditions of this Agreement must be agreed upon and confirmed in writing by all parties. The terms and conditions outlined in this Agreement shall be the standard conditions and will apply to all aspects of the agreement unless otherwise specified in the Special Conditions. In the event of any inconsistencies between the standard terms and conditions and the Special Conditions, the Special Conditions will prevail.

Governing La

This Agreement is governed by the laws of the State where the services are provided. Any legal action or proceeding arising from or in connection with this Agreement shall be brought in the courts of that State.

Assignment

You are not permitted to transfer the benefits of this Agreement to any other individual, company, partnership, or trust without the prior written consent of National Licensing. National Licensing, at its sole discretion, may grant or withhold its consent. National Licensing reserves the right to assign the benefits of this Agreement to any other party provided that the party agrees to be bound by the terms of this Agreement to the same extent as National Licensing.

Terms and Conditions

National Licensing may periodically review these terms and conditions and make changes to them as needed. Any updates will be posted on National Licensing’s website and will take effect from the date of posting.

Severability

If any provision of this Agreement is found to be invalid or unenforceable, it will not affect the validity and enforceability of the other provisions.