NSW AMES Terms and Conditions

NSW AMES Terms and Conditions

PUBLICATIONS ORDERS

Payment policy

  • All payments must be made in Australian dollars.
  • All prices listed are in Australian dollars. GST of 10% applies to purchases within Australia. Purchases outside Australia are GST free. We accept payments over 128-bit SSL encryption.
  • Payment of invoices is due within 30 days of despatch. Invoices will be sent separately on despatch of goods.

Shipping
Depending on your location, NSW AMES will ship your goods using Australia Post or a courier service. Orders are usually processed and despatched within 2 working days. NSW AMES takes no responsibility for delivery times by Australia Post or the courier services it uses. We will advise you within 2 working days if goods are not available or delayed in delivery.

Current freight rates for orders in Australia are: $9.00 for orders of 1 item; $16.00 for orders of two or more items. Freight for international orders is based on weight. These prices are exclusive of GST, and 10% GST will be added where GST is applicable.

It is the client’s responsibility to provide the correct address details for delivery. If goods are shipped to an address that is provided incorrectly by the client, NSW AMES will not be held responsible for the replacement of those goods. The delivery fee for the replacement goods will also be at the customer expense.

Returns policy
All goods are sold on a ‘firm sales’ basis.

A claim for damaged, short supplied, misbound or incorrectly supplied goods by NSW AMES must be made in writing within seven days of receipt of goods to Email: publications@ames.edu.au.  NSW AMES will despatch the correct items within two working days of receipt of written notice, provided all items are in stock.

The incorrectly supplied goods must be returned in re-saleable condition to NSW AMES. The cost of returning goods in any of the above circumstances will be incurred by NSW AMES. All returns must be authorised by NSW AMES Publications before the goods are returned, and they must be received within 30 days of written notice. NSW AMES will provide reply paid address details for these goods. Goods received without authorisation will be returned at the customer’s expense. Goods received in a non-saleable condition will not be credited and the cost of freight will be charged to the customer.

Goods ordered incorrectly by the customer are eligible for a full refund minus freight costs if:

  • the error is reported in writing within three days of receipt of goods to Email: publications@ames.edu.au AND
  • the goods are returned in new/re-saleable condition to NSW AMES.

Note: Items for return reported between four and 30 days of receipt will receive 80% refund of the item price minus freight costs, pending receipt of the returned goods in new/re-saleable condition to NSW AMES. No refund is available after 30 days of receipt of goods.

All returns must receive authorisation from NSW AMES Publications before the goods are returned. Items returned to NSW AMES must be made using a trackable shipping service and must be received by NSW AMES within 30 days of written notice. If the order is valued at $100 or more, you must insure the shipment for the value of the merchandise. If a package doesn’t arrive and you haven’t used a trackable shipping method to return the goods, the replacement value of the goods is at the customer’s expense.

Copyright

The Australian Copyright Act 1968 allows for a maximum of one chapter or 10% of a purchased publication, whichever is greater, to be copied by an educational institution for its educational purposes provided that that educational institution (or the body that administers it) has given a remuneration notice to Copyright Agency Limited (CAL) under the Act. For details of the CAL licence for educational institutions, contact Copyright Agency Limited. Inquiries regarding copying for other purposes should be made to the publisher,

ONLINE COURSES AND ONLINE RESOURCES

Individual purchases of online products

Where an individual or organisation purchases up to 99 individual licences for access to one or more NSW AMES Online Courses or online resources, a refund will be available if the location in which the nominated user (s) resides does not have internet service of sufficient strength for the online course(s) to be accessed. In this case, notice should be provided to AMES Online Unit via email within 3 business days of licence purchase.  There is no refund available for change of mind.

Organisations purchasing licences for online products

The terms and conditions for the purchase of 100 or more online product licences in one transaction are contained within the licence agreement entered into between NSW AMES and the licensee at the time of purchase.

 VOCABLUARY BUILDER

The authorised licensed holder of copyright and intellectual property rights in the Vocabulary Builder materials is NSW AMES. A Site Licence entitles the licensee to install and use the software on computers or workstations that are located within the boundaries of the specified geographical site.

No original components, trademarks or reproductions of any components of the software may be passed to or used in any site that has not purchased a Site Licence.

No attempt may be made to adapt, translate, disassemble or create derivative materials based on any components of the software.

CURRICULUM LICENCES FOR CERTIFICATES IN SPOKEN AND WRITTEN ENGLISH

All curriculum licences are sold on a ‘firm sales’ basis. There is no refund of licences, including where an organisation purchases a licence prior to its registration as a Registered Training Organisation (RTO).

You must agree to all the terms and conditions of this Licence Agreement (“Licence”) for the Licence Certificate(s) to be issued. Once payment of the Fee(s) has been processed, NSW AMES will dispatch your Licence Certificate(s), curriculum document(s) and your receipt to your email address.

  1. The Licensor grants the Licensee a revocable, unrestricted licence to broadcast, transmit or communicate the Certificates in Spoken and Written English (CSWE) course(s) for which the licensee purchases a licence, as set out at clause 5.
  2. The Licensee is a Registered Training Organisation (RTO) in Australia. This Licence will terminate if registration is suspended or ceases.
  3. The Licensee will add the CSWE course(s) for which the Licence Certificate(s) have been purchased to their scope of registration with the Australian Skills Authority (ASQA) or equivalent body, prior to conducting training or assessment leading to an accredited qualification.
  4. The Licensee must ensure that the course is taught only at the site(s) specified on the Licence Certificate. For the purposes of this Licence, a site is defined as an educational centre at which continuous tuition is offered, inclusive of any outreach/community site which does not offer continuous tuition but which is serviced/ administered from the educational centre at which continuous tuition is offered.
  5. The Licensee must in the use of the course Licensed by this agreement:-
  • not sub-license the Licensed material.
  • comply with the requirements of the Copyright Act 1968 (Cth) in respect of all material in the curriculum.
  • provide ongoing professional support and moderation processes for teachers engaged in teaching the curriculum and ensure satisfactory course completion
  • ensure that at least 80% of teachers delivering the course participate in moderation and quality control workshops conducted at least once each year throughout the accreditation period.
  • securely store the electronic PDF copy on the Licensee’s intranet
  • Provide accessibility only for the designated curriculum manager or equivalent and English as a second language teachers using the CSWE curriculum to print up to 100% of the PDF electronic files for internal use only.
  1. The Licensor will provide the Licencee with an electronic PDF copy of the curriculum document(s) and assessment grids upon payment of Licence fees.
  2. The Licensor does not warrant that the electronic PDF copy will meet the Licensee’s requirements. The Licensee acknowledges that use of the electronic PDF copy is at its own risk and accepts the risks relating to satisfactory quality, performance and accuracy.
  3. The Licence is granted for the period stated on the Course Certificate, commencing on the date of the signature and terminating on the date of expiry of course accreditation.
  4. The Licensee must ensure that courses taught within the CSWE framework are delivered by trained teachers and assessors whose minimum teaching qualifications must be the following:

Teachers

Teachers must be trained teachers with the following teaching qualifications:
a.) A recognised bachelor degree – a formal qualification awarded by an Australian university or tertiary institution, or its onshore or overseas equivalent, that is at least three years full‐time in length or its part‐time equivalent and a recognised postgraduate TESOL qualification at AQF 8 or higher – resulting from a course of study in which course content of no less than 100 contact hours (or distance learning equivalent) covers the grammar of the English language, language learning and TESOL methodology and includes a *practicum

or

A Bachelor of Education with a TESOL major or equivalent that includes a *practicum and

b.) All delivery must be undertaken by trainers who meet the requirements stated to apply under the Standards for NVR registered Training Organisations or the Australian Quality Training Framework (AQTF) in effect at the time at which training is conducted. This includes the necessary training competencies determined by the National Skills Standards Council (NSSC) or its successors in effect at the time of assessment.

*NOTE:
The practicum must be at least 60 hours, which includes, for example, supervised teaching, observation, field visits, resources evaluation, team teaching, volunteer tutoring etc.
If a course undertaken has less than 60 hours practicum, teachers must demonstrate teaching experience equivalent to 60 hours, or must make up the difference in duration by individually organising a supervised practicum. Appropriate documentation of such a practicum should be kept.

Assessor competence

Assessors must be trained teachers with the following teaching qualifications:

a.) A recognised bachelor degree – a formal qualification awarded by an Australian university or tertiary institution, or its onshore or overseas equivalent, that is at least three years fulltime in length or its part-time equivalent and a recognised postgraduate TESOL qualification at AQF 8 or higher – resulting from a course of study in which course content of no less than 100 contact hours (or distance learning equivalent) covers the grammar of the English language, language learning and TESOL methodology and includes a *practicum

or

b.) A Bachelor of Education with a TESOL major or equivalent that includes a practicum. All assessment must be undertaken by assessors who meet the requirements stated to apply under the Standards for NVR registered Training Organisations or the Australian Quality Training Framework (AQTF) in effect at the time at which assessment is conducted. This includes the necessary assessment competencies determined by the National Skills Standards Council (NSSC) or its successors in effect at the time of assessment.

*NOTE:

The practicum must be at least 60 hours, which includes, for example, supervised teaching, observation, field visits, resources evaluation, team teaching, volunteer tutoring etc. If a course undertaken has less than 60 hours practicum, teachers must demonstrate teaching experience equivalent to 60 hours, or must make up the difference in duration by individually organising a supervised practicum. Appropriate documentation of such a practicum should be kept. It is desirable for assessors and teachers delivering programs that focus on the development of numeracy skills through the elective numeracy modules, to have training and professional development in numeracy teaching.

  1.  The parties must settle any dispute arising out of this agreement, except where urgent relief is required, as follows:-

a.)  a party claiming that a dispute has arisen must send a notice to the other party giving details of the dispute;
b.) after a dispute notice has been sent the matter will be referred to senior executives of each party who must attempt to resolve the dispute in good faith; and
c.)  if the dispute is not resolved by them within 14 days, the parties agree to try and settle the matter by a mediation through the Australian Commercial Disputes Centre in accordance with its then current guidelines for commercial mediations (these set out the rules for choosing a mediator, costs etc).

  1. Miscellaneous

a.) This Licence is created, and is to be performed, interpreted and enforced in accordance with the laws applicable in New South Wales, and the Parties submit to the non-exclusive jurisdiction of the Courts of that place.
b.) The Parties acknowledge that they have received legal advice or have had the opportunity of obtaining legal advice prior to agreeing to these Terms and Conditions.
c.) This Licence constitutes the entire agreement between the Parties and no variation will be binding unless agreed in writing by the parties.