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1. Fees

The client must pay the program fee to the School in full on or before the due date as stated on the School’s invoice.

The participant shall have no right to participate in the program until the program fee has been paid in full by the client to the School. Prior to such payment in full the School may:

(a) suspend the participant from participation in all or any part of the program; and/or

(b) exclude the participant from access to and/or use of the School’s facilities.

2. Substitution, transfer & cancellations

The client or participant may substitute an alternative individual to attend the program pursuant to clause 2a. below; transfer the participant from one program to either another program with the same program fee or to the next scheduled session of the program pursuant to clause 2b. below; or cancel the participant’s participation in the program, once up to 42 days prior to the program commencement date without incurring any fee in addition to the program fee. The table below sets out when administration fees will be payable by the client in addition to the program fee, and the amount of such administration fees.

2 a. Substitution

If the client or participant wishes to change the participant in a program, the client or participant shall request in writing to enquiries@agsm.edu.au that the School accepts an alternative individual to attend the program not less than 28 days before the program commencement date. The proposed substitute must be of equal calibre and experience to the original participant, and shall be subject to the same School selection process as the original participant. Even if the requisite notice is given by the client or participant to the School, a substitution may not be made by the School if time does not allow the School to complete the selection process and the new participant to complete any required pre-program preparation. If the client or participant requests a substitution, the client must pay the administration fee set out below in addition to the program fee prior to the program commencement date.

Administration fee for substitution:

• 28 days or more prior to program commencement date - no fee
• 14 to 27 days prior to program commencement date - 10% of the program fee

If the School rejects the substitute for the participant nominated by the client or participant, the School may cancel the contract. In this case, the standard cancellation and transfer policy set out in the table in clause 2 above, based on the number of days’ notice given by the client or participant to the School with respect to that program, will apply.

2 b. Transfers

(a) If the client or participant wishes to transfer the participant from one program to either another program with the same program fee or to the next scheduled session of the program, the client or participant shall request in writing to enquiries@agsm.edu.au to transfer the participant from the program the participant has been accepted by the School to participate in, to either another program with the same program fee or to the next scheduled session of the program taking place during the 12 month period after the first program’s commencement date (with no penalty), provided the client or participant notifies the School in writing of its wish to do so not less than six weeks before the first program’s commencement date.

(b) If the client’s or participant’s written request for a transfer is made less than 42 days before the first program’s commencement date, the client must pay the School the following administration fees to make the transfer, in addition to the program fee, based on the number of days’ notice given by the client or participant to the School prior to the first program’s commencement date.

Administration fee for transfers:

• 42 days or more prior to first program commencement date- no fee
• 28 to 41 days prior to first program commencement date - 10% of the program fee
• 14 to 27 days prior to first program commencement date - 50% of the program fee + GST

(c) The client or participant may only choose to effect a transfer pursuant to this paragraph once in respect of a participant and only if:

(i) The client has already paid the School the program fee in full; and

(ii) There are unfilled places on either the other nominated program with the same program fee or the next scheduled session of the program to which the participant wishes to transfer.

(d) The transfer fees referred to in paragraph (b) above must be paid in full within two weeks of the client’s receipt of the School’s invoice.

(e) If the School increases the program fee before the start of the other nominated program with the same program fee or the next scheduled session of the program to which the participant transfers, as applicable, the client must pay the School the amount of the increase before the commencement date of the other nominated program or the next scheduled session of the program, as applicable.

(f) Each participant may only make one transfer pursuant to this paragraph.

(g) If a client or participant transfers a participant from a program and then subsequently the participant withdraws from the other nominated program with the same program fee, or the next scheduled session of the program into which they have transferred, as applicable, the client must pay the program fee in full a minimum of 42 days prior to the new program’s commencement date, after which normal cancellation fees, as set out in the table at clause 2 apply.

2 c. Cancellation

(a) If the client or participant wishes to cancel the participant’s participation in a program, the client or participant, as applicable, must give the School written notice of cancellation to enquiries@agsm.edu.au . If the client or participant cancels more than 42 days before the commencement date of the program and neither the client nor the participant has made a substitution pursuant to clause 2a. above or a transfer pursuant to clause 2b. above in respect of that program, the client shall not be required to pay the School any fees in connection with the program and any fees, including the program fee or any part thereof, already paid by the client to the School shall be refunded to the client by the School. However, if the client or participant has already made a substitution pursuant to clause 2a. above or a transfer pursuant to clause 2b. above in respect of that program, the client must pay the program fee in full and shall not be entitled to a refund of any fees already paid.

Cancellation fees:

• 42 days or more prior to program commencement date - no fee
• 28 to 41 days prior to program commencement date - 20% of the program fee
• 14 to 27 days prior to program commencement date - 50% of the program fee
• 0 to 13 days prior to program commencement date - 100% of the program fee

(b) The program fee shall be payable in full if the client or participant cancels the contract on or after the program commencement date.

3. Cancellation by the school

If circumstances necessitate, the School reserves the right to cancel a program and will endeavour to give participants as much notice as possible. Each participant in the cancelled program will be given the opportunity to transfer, at no additional cost, to the next scheduled session of the program, or to a later equivalent program, if one exists, and unfilled places are available on one of those programs. Otherwise, the School will refund any program fees already paid by the client to the School but shall not refund any administration fees already paid by the client to the School. For the avoidance of doubt, the School will not be liable for any costs or expenses incurred by a participant or a client which arise out of or are related to the School’s cancellation of a program.

4. Contract cancellation

The School may cancel the contract at any time if:

(a) The client fails to pay any sum due and owing to the School in connection with the program within 14 days after the due date for payment;

(b) The client or the participant breaches the contract or the School’s rules and regulations contained in the  dated 1 December 2009 or

(c) The client or participant behaves in a manner that, in the opinion of the Dean of the Australian School of Business or the Director of UNSW Short Courses, is prejudicial to the interests of the School.

5. Effect of cancellation

If either party cancels the contract:

(a) The School shall be entitled to require the participant to stop studying on the program and to leave the School’s premises immediately; and

(b) The participant shall immediately return to the School all property in the participant’s possession, custody or control that belongs to the School.

6. The participant’s obligations

The participant must:

(a) At all times behave with honesty and integrity and show courtesy, consideration and respect for others;

(b) Prepare for the program as required by the School (by way of non-exhaustive example only, by completion of a 360-degree survey);

(c) Attend all classes, lectures, tutorials and other activities which form part of the program (subject to absence because of sickness, injury, or other reasons agreed with the School prior to the participant’s absence) and participate fully in group work where required;

(d) Telephone or email the UNSW Short Courses office (enquiries@agsm.edu.au) if unable to attend any class, lecture, tutorial or other activity forming part of the program because of sickness or injury;

(e) Be adequately prepared for any activity that the participant is required to undertake as part of the program outside the School (by way of non-exhaustive example only, morning exercises);

(f) Fully acknowledge the use of materials referred to or copied from other sources and comply with the provisions of the Copyright Regulations 1969 pursuant to Part VB of the Act;

(g) Abide by any special conditions relating to the program set out in the School brochure or otherwise notified to the participant by the School;

(h) Respect the confidentiality of all confidential information that the participant acquires during the course of his/her participation in the program; and

(i) Comply with all other relevant rules and regulations of the School which are communicated by the School to the participant, as amended from time to time.

7. Client obligations

The client shall procure that the participant complies with clauses 5 and 6 above.

8. Alumni membership & communications

Completion of any Short Course offers the participant invitation to exclusive events and special offers, by accepting these Terms & Conditions participants agree to receive these initial communications.

9. Amendments to the program

The School will make all reasonable efforts to deliver the program as described in the School brochure and on the School’s website. However, the School must manage its resources efficiently and may in its absolute discretion:

(a) Alter the timetable, location, number and size of sessions and method of delivery of the program; and

(b) Make reasonable variations to the content, syllabus and presenters or coaches of the program without prior notification to the client or participant.

10. Learning support

The School will make available to participants such learning support, IT and other facilities it considers appropriate, but may vary what it provides from time to time, provided such variations are reasonable in the opinion of the Dean of Lifelong Learning or the Director of UNSW Short Courses.

11. UNSW Short Courses scholarships for charities

In order to encourage the development of executives and managers in charities, the School offers scholarships for a range of Open Programs. Scholarships are awarded on the basis of merit and are based on each applicant's management experience, management potential and potential to influence the organisation's future performance which shall be determined in the absolute discretion of the Director of UNSW Short Courses. Only one scholarship per organisation is available in any given year. Please telephone the UNSW Short Courses client services team for scholarship applications on +612 9385 0330.

12. Disclaimer

The School does not accept responsibility for, and expressly excludes liability for, any loss or damage, however such loss or damage is caused, to clients’ or the participants' property that occurs while the participant is participating in a residential program or a non-residential program. participants should take particular care not to leave mobile telephones or laptops unattended at any time.

13. Governing law & jurisdiction

The contract is governed by the laws of New South Wales and the parties submit for all purposes connected with the contract to the exclusive jurisdiction of the courts of New South Wales.

14. Inconsistency

To the extent that there is any inconsistency between the application form completed by the client or the participant (whether completed online or in hard copy) and these terms and conditions, the application form shall take precedence.

15. Notices

Any demand or notice to be served upon the client may be served upon the client personally or sent by post or by email transmission to the address stated on the participant’s application form. Any demand or notice to be served upon the School shall be delivered by hand or sent by post or email transmission to the UNSW Short Courses office.

Any demand or notice delivered personally shall be deemed to have been received immediately upon delivery. Any demand or notice sent by post shall be deemed to have been received at the opening of business on the first business day following the day on which it was posted, unless sent by international mail, in which event it shall be deemed to have been received at the opening of business on the fifth business day following the day on which it was posted. Any demand or notice sent by email transmission shall be deemed to have been received when the transmission is completed, except that service shall not be deemed to have taken place if the sender's email provider indicates a malfunction in transmission or the recipient notifies the sender of an incomplete transmission. If the transmission is not completed before 5.00 pm (addressee’s time) on a normal business day, service is regarded as having taken place at 9.00 am on the following business day.

16. Definitions

In these terms and conditions:

“Act” means the Copyright Act 1968��(��ٳ�).
“AGSM Executive Alliance” means the network of previous participants in a program.
“UNSW Short Courses” means the executive education business carried on by UNSW.

“client” means the person named as the invoicee on the participant's application form for the program, or, where no person is named as the invoicee on the participant’s application form, the participant himself or herself.

“commencement date” means the date a program is scheduled by the School to commence.
“contract” means the contract between the School and the client in respect of a participant’s participation in a program and comprises the application form completed by the client or participant in hard copy or online and these terms and conditions.

“GST” has the same meaning as it has in section 195-1 of the GST Act.

“GST Act” means the A New Tax System (Goods and Services Tax) Act 1999��(��ٳ�).
“Open Program” means a course offered by the School which is open to an individual or group of individuals.

“participant” means an individual who has applied to participate in a program and whom the School has agreed to admit to the program.
“program” means an Open Program at the School.
“program fee” means the fee payable by the client to the School in relation to a participant’s participation in the program inclusive of GST.
“residential program" means any program requiring the participant to reside at the program's designated venue for the program's duration.
“non-residential program” means all programs that do not require the participant to reside at a designated venue for the duration of the program.
“School” means the University of New South Wales (ABN 57 179 195 873) carrying on the business of a business school under the name Australian School of Business at UNSW.