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1. These terms and conditions and the induction Booking Request Form together make up an agreement (the Agreement) between the Contractor ("you") and TESA Mining ("TESA").
2. Provision of attendees and/or payment for inductions shall be deemed by you to constitute acceptance of these terms and conditions, and that you fully understand this training course Agreement.
3. TESA reserves the right to refuse entry to an induction if payment is not made prior to induction or if previous accounts are overdue.
4. Payment terms are strictly within 14 days of invoice or prior to course date, whichever is the earliest. Payment not made in accordance with this agreement may result in the relevant attendees access to site being cancelled.
5. You must pay to TESA the price stated in any tax invoice provided to you by the date noted in that tax invoice to the address specified in that tax invoice.
6. You agree to pay TESA upon demand made by TESA:
   1. an account service fee of 10 per cent per annum or any part thereof in relation to any invoices which are not paid strictly in accordance with this Agreement; and
   2. any legal or other costs incurred by TESA in enforcing or attempting to enforce a provision of this Agreement.
7. Positions within courses will not be confirmed until TESA has received a fully completed induction booking request. The induction booking request registration is not transferable, and a new request will be required for any new attendees.
8. If an attendee fails to be passed as competent during the induction process, no refund will be given and that attendee will have to attend another induction (at your cost) or as otherwise directed by the Site Operator.
9. TESA warns you that induction courses with low enrolment numbers may be rescheduled or cancelled without any liability to TESA in the absolute discretion of TESA. You acknowledge that you enrol in the induction course with that risk in mind. TESA is not liable to you for such cancellations or rescheduling except to refund any induction fees already paid for by you.
10. Attendees to all courses must arrive 20 minutes prior to the course commencement for sign in and registration. Course will commence promptly at the nominated start time and attendees arriving later than this will not be allowed entry if the course has commenced. Any attendees who leave the course before it is completed may possibly not meet the required demonstration of competency.
11. Inductions may in some instances be conducted onsite, in these instances attendees are to have and wear appropriate PPE, any attendee not appropriately dressed may be refused entry and/or participation in the induction.
12. This Agreement may be altered or updated by TESA from time to time, and these terms and conditions may be varied at TESA's discretion.

Confidentiality and Privacy

1. TESA recognises every induction course attendee's right to privacy and our privacy policies identify the appropriate means for collection, storage and use of private and personal information.
2. TESA does not distribute any personal information collected without the written consent of the attendee, except to the company and client for whom the attendee is acting as a contractor and on which premises the Onsite Track easy database is being used.

Fees Authorisation, Cancellation, Refund and Re-Scheduling Policy

1. Cancellation of attendance to an induction course must be confirmed in writing two (2) working days prior to the commencement of the course to avoid a cancellation fee.
2. A cancellation fee of 50% of the induction course fee will apply for non-attendees or cancellations outside the above notice period.
3. TESA reserves the right to cancel or change the course date without liability and will notify the attendee. The attendee may either be rescheduled to another course date or the induction course fee will be refunded in full.
4. By providing your payment details, you irrevocably authorise and direct TESA to use those details to deduct all fees payable to TESA by you under this Agreement, including without limitation induction course fees and any cancellation fees.
5. All fees are exclusive of GST, which will need to be paid in addition.

Client Feedback, Complaints and Appeals

1. TESA conducts regular reviews of the inductions courses and all feedback from attendees is welcomed and will be considered in all internal reviews.
2. TESA has a fair and equitable process for dealing with attendees complaints and appeals. In the event that complaints cannot be resolved internally, TESA will advise the attendee of the appropriate body where they can seek further assistance.
3. All written appeals will be treated in confidence and a decision relayed to the attendees as soon as possible.

Occupational Health and Safety

1. TESA aims to ensure the health, safety and welfare of all its employees and others who enter its work premises and induction course venues. Similarly, attendees must also be aware of their duty to take responsible care of the health and safety of others, and respect the rights of other attendees and trainers.
2. Attendees are required to comply with the rules of conduct on the training premises and follow any reasonable instructions of the trainer.

Limitation of Liability

1. The parties agree that TESA will under no circumstances be liable to you for any indirect or consequential loss (including but not limited to loss of revenue or opportunity, loss of goodwill and lost profits).
2. Any liability of TESA shall be excluded or reduced to the extent that the relevant loss or damage was caused or contributed to by the act or omission of or any breach or default by you, your officers, employees, contractors (other than TESA), attendees or agents.
3. You must take out and maintain valid and enforceable insurance policies for your attendees.
4. The laws of the State of New South Wales govern this Agreement and the parties submit to the jurisdiction of the courts of that State.

Guarantee (if applicable)

1. In consideration of TESA agreeing to supply the services referred to in this Agreement the Guarantors unconditionally guarantee to TESA:
   1. the payment by the Contractor of all moneys, which terms includes, without limitation, fees, interest and costs payable or repayable;
   2. the due and punctual performance by the Contractor of all its other obligations under this Agreement.