AUSTRALIA CAREER COUNSELLING FOR FOREIGNERS (ACCF)
TERMS & CONDITIONS OF SERVICE
Dated 12 November, 2024

THIS CAREER COUNSELLING AGREEMENT (the Agreement):

Between:

AUSATRLIA CAREER COUNSELLING FOR FOREIGNERS ACCF

And: CLIENT (the "Client")

CAREER COUNSELLING AGREEMENT

A. The Client is of the opinion that ACCF has the necessary qualifications, experience and abilities to provide counselling services to the Client.

B. ACCF is agreeable to providing such counselling services to the Client on the terms and conditions set out in this Agreement.

IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and ACCF (individually the "Party” and collectively the "Parties” to this Agreement) agree as follows:

SERVICES PROVIDED

2. The Client hereby agrees to engage ACCF to provide the Client with the following counselling services (the "Services"):

Programs of training for career enhancement.

ACCF does not provide any type of Australian immigration or citizenship advice or services, or any support related to studying in Australia, or on visa matters of any sort.

TERM OF AGREEMENT

3. The term of this Agreement (the "Term") will begin on the date of this Agreement and will remain in full force and effect until the completion of the Services where ACCF determines the date of completion of the service.

PERFORMANCE

4. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.

CURRENCY & PAYMENT

5. Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in AU$ (Australian Dollars). Payment can be accepted in other currencies at ACCF discretion and prior to ACCF approval in advance (USD, SAR, AED, GBP, EUR etc.).

COMPENSATION

6. ACCF will charge the Client for the Services as follows (the "Compensation”):

The client will pay ACCF the amount required upon signing this agreement and submitting their documents, plus any other services that might arise as ACCF proceeds with the counselling services.

7. Invoices submitted by ACCF to the Client are due upon receipt. Failure to pay the invoices by the client might result of the agreement termination immediately upon ACCF discretion.

TRADE SECRETS

8. Trade secrets (the “Trade Secrets") include but are not limited to any data or information, technique or process, relating to the business of the ACCF, which are secret and proprietary to ACCF, and which give the business a competitive advantage where the release of that Trade Secret could be reasonably expected to cause harm to ACCF.

9. The Client agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Trade Secrets which they have obtained from ACCF. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this Agreement.

CAPACITY/INDEPENDENT CONTRACTOR

10. In providing the Services under this Agreement it is expressly agreed that ACCF is acting as an independent contractor and not as an employee. ACCF and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.

RIGHT OF SUBSTITUTION

11. Except as otherwise provided in this Agreement, ACCF may, at ACCF's absolute discretion, engage a third-party sub-contractor to perform some or all of the obligations of ACCF under this Agreement and the Client will not hire or engage any third parties to assist with the provision of the Services.

AUTONOMY

12. Except as otherwise provided in this Agreement, ACCF will have full control over working time, methods, and decision making in relation to provision of the Services in accordance with the Agreement. ACCF will work autonomously and not at the direction of the Client. However, ACCF will be responsive to the reasonable needs and concerns of the Client.

NOTICE

13. All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties using digital forms of communication.

INDEMNIFICATION

14. To the extent permitted by applicable law, the Client agrees to indemnify and hold harmless ACCF, and its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.

ENTIRE AGREEMENT

15. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.

TITLES/HEADINGS

16. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.

GOVERNING LAW

17. This Agreement will be governed by and construed in accordance with the laws of NSW, Australia.

SEVERABILITY

18. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.

WAIVER

19. The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.