HyFlex Skills Training Terms and Conditions

 

Last modified 30 June 2021

 

By subscribing to HyFlex Skills Training (“HyFlex”) offered by Skills Generation Pty Ltd (“Skills Generation”) you or the entity you represent (“you” or “Client”) agree to the following terms and conditions, including all terms and conditions that are incorporated by reference into this Agreement (“Agreement”).

 

Skills Generation reserves the right to update and change this Agreement in accordance with the terms included in Section 12.2 and 14.7.

 

1.                  Background:

1.1.            Skills Generation is a Registered Training Organisation (RTO) providing vocational education and training.

1.2.            The Client wishes to subscribe to the HyFlex non-accredited training program and purchase nationally accredited training services from Skills Generation delivered under the HyFlex Model.

1.3.            Skills Generation has agreed to provide training services to the Client according to the terms laid out in this Agreement and consistent with the Standards for Registered Training Organisations (RTO’s) 2015, required for accredited training.

2.                  Subscription:

2.1.            To subscribe to HyFlex and obtain access to your account, you must execute the order form (“Order Form”) for HyFlex Skills and pay all fees (“Fees”) required as outlined in the Pricing Schedule (“Pricing Schedule”). The pricing will be made up of an annual subscription fee (“Subscription Fee”) and an annual user fee (“User Fee”). The accredited training component of HyFlex will also have an additional fixed fee cost for each qualification. 

3.                  Fees:

3.1.            The Client will pay the Fees as and when specified in the Order Form.

3.2.            The Client will be responsible for paying all fees associated with the supply of HyFlex to their school, including both non-accredited and accredited training.

3.3.            If the Pricing Schedule specifies that Fees are based on usage tiers, then except where the Pricing Schedule states otherwise, this Section 3.3, will apply to determine the usage tier that applies to a particular billing period.  Skills Generation will determine which usage tier will apply to each billing period based on the number of students included in the Order Form. This usage level will be reviewed on an annual basis at the start of the academic year and before the last business day of February each year.

3.4.            Unless otherwise specified on the Pricing Schedule, all fees are payable annually in advance of the billing period to which they apply. 

3.5.            Where the Client adds students to their subscription within a billing period, the cost for these additional students will be as per the Pricing Schedule. Additional cost will only apply where the number of additional students cause the Client to move to a higher usage tier.  

3.6.            Fees may not be adjusted within the Term unless agreed by all parties.

3.7.            For HyFlex Fees an invoice will be raised in the Client’s name and the Client will pay the fees as described in the Pricing Schedule. This includes making payment directly via the HyFlex Skills Online Learning Program (“HyFlex OLP”).

3.8.            The Fee payable under this Agreement has been fixed without regard to the impact of GST. 

3.9.            If GST is, or becomes, payable on a Taxable Supply made under or in connection with this Agreement, the party providing consideration for that Taxable Supply must pay an additional amount equal to the GST payable on the Taxable Supply.

3.10.        The additional amount payable under clause 3.9 must be paid at the same time as the consideration for the Taxable Supply or on a date on which the party making the supply delivers a Tax invoice, whichever is later. 

3.11.        For the purposes of this Agreement, the term “Active Student” means any student who has a full unexpired enrolment in HyFlex regardless of their participation.

3.12.        The Client will bear the costs related to class room supervision, Supplementary Assessments supervision and third-party reporting.

3.13.        VETiS funding cannot be used for accredited qualification/s delivered under the HyFlex Model.

4.                  Services:

4.1.            Training Services will be delivered as described in the attached Schedule.

4.2.            Variations to Training Services may be necessary from time to time and these will be advised to the Client prior to any changes being made.

4.3.            The Client will cooperate with Skills Generation to the extent needed to carry out the Training Services and to meet statutory requirements.

4.4.            Skills Generation will provide the Client with a HyFlex Skills School User Instruction Manual.

4.5.            Skills Generation will provide the Client with a HyFlex Skills Student User Instruction Manual. 

4.6.            For accredited training each student must comply with Skills Generation Policy and Procedures as outlined in the Learner Handbook provided on the Skills Generation website. 

4.7.            Skills Generation reserves the right to cancel a student’s enrolment in accredited training if there are reasonable grounds for doing so. Please refer to Skills Generation’s cancellation policy in the Learner Handbook for clarification.

4.8.            Skills Generation will liaise with the Client to ensure that students are able to enrol and participate in the Training Services.

4.9.            Skills Generation makes no guarantee that all students will successfully complete the course.

4.10.        Skills Generation will use its best endeavours to ensure students have every opportunity to succeed. Without a further negotiated agreement, Skills Generation has no requirement to re-enrol students in accredited training who do not successfully complete the course.

4.11.        Skills Generation will provide accredited Training Services that meet the requirements of the VET Quality Framework. Structure, content and assessment guidelines will meet the Standards for Registered Training organisations (RTOs) 2015.

4.12.        The Client will ensure the students are aware of and comply with the obligations of the Client. The Client is responsible for the acts and omissions of the students.

4.13.        Each student will be issued with a Statement of Achievement for each successfully completed HyFlex Learning Byte.

4.14.        Each student will be issued with a congratulatory completion letter, a nationally accredited qualification Certificate and a record of results if they successfully complete all units of competency for the accredited qualification.

4.15.        In the event of partial completion of the accredited qualification, the student will be issued with a congratulatory completion letter, a nationally accredited Statement of Attainment and a record of results.

4.16.        Certificates for accredited qualifications will not be issued if fees are outstanding. Full payment for the qualification must be finalised for the Certificate to be released.

5.                  Intellectual Property:

5.1.            The Client agrees that:

a)           This Agreement does not transfer to the Client ownership of the Skills Generation or its sub-contractors Intellectual Property

b)          during the Term, Skills Generation and its sub-contractors may:

i)             change, suspend or end the use of any of its own Intellectual Property;

ii)           introduce any new Intellectual Property;

iii)         change any of the Intellectual Property;

c)           Skills Generation or its sub-contractors are granted use of the Client’s Intellectual Property for the Term and for the purpose of delivering the Training Services.

5.2.            Either party’s use of the Intellectual Property is subject to: 

a)           the use being exclusive; 

b)          the rights being limited by the terms of this Agreement;

c)           any goodwill in the Intellectual Property belonging or reverting to the owner of the relevant item of Intellectual Property, is to the exclusion of the other party;

d)          any creation of or addition to the Intellectual Property made by the owner and its Personnel remains with the owner;

e)           on the expiry or the end of this Agreement, no compensation being payable to the Client in connection with the Intellectual Property.

5.3.            The Client must immediately notify Skills Generation of any infringement or potential infringement of the Intellectual Property by a third party and take all reasonably necessary steps to prevent further infringement.

5.4.            The Client must not: 

a)           endanger or infringe the Intellectual Property in any way;

b)          interfere with or delay the use or registration of the Intellectual Property by Skills Generation or anyone else in any way;

c)           register or attempt to register in the Client’s name any Intellectual Property of Skills Generation or its sub-contractors.

5.5.            Upon termination of the Agreement the Client must immediately or until all current students have been trained out:

a)           cease to use Skills Generation or its sub-contractors Intellectual Property in any way;

b)          return to Skills Generation all Intellectual Property and other associated materials;

c)           Skills Generation and its sub-contractor’s cease to use the Client’s Intellectual Property in any way;

d)          return to the Client all Intellectual Property and other associated materials.

6.                  Confidential Information:

6.1.            The Client must use best endeavours to maintain the confidentiality of and to prevent unauthorised disclosure of the Confidential Information.

6.2.             The Client must not disclose, or allow the disclosure of, any Confidential Information to a third party except:

a)           after first obtaining Skills Generation’s written consent; 

b)          for the purpose of seeking advice from lawyers, accountants or other professional advisors engaged by the Client; or

c)           if required by law.

6.3.             All Confidential Information provided by Skills Generation to the Client remains the property of Skills Generation unless Skills Generation agrees otherwise.

6.4.             If required by Skills Generation, the Client must ensure the Client’s Personnel each sign a confidentiality deed on terms acceptable to Skills Generation.

7.                  Breach and Termination:

7.1.             Termination of this Agreement will not prejudice any of Skills Generation’ accrued rights.

7.2.             Either party may terminate this Agreement immediately by notice in writing if:

a)           The other party breaches this Agreement, and where the breach is capable of remedy, the breach is not remedied within 30 days after written notice by the party;

b)          The other party becomes, threatens or resolves to become or is in jeopardy of becoming subject to any form of insolvency administration; or

c)           The other party ceases or threatens to cease carrying on business.

7.3.             Upon termination or expiration of the Agreement for any reason, the Client’s right to use Skills Generation Intellectual Property ends immediately.

7.4.             Upon termination or expiration of the Agreement for any reason, Skills Generation right to use the Client’s Materials ends immediately.

7.5.             Upon termination, the Client must immediately, at its cost:

a)           cease any use of the Skills Generation Intellectual Property in any manner whatsoever;

b)          return to Skills Generation all Materials, copies, summaries, and extracts of the Materials, and all other material containing any Intellectual Property to the operation of Skills Generation’ business and any copies, extracts, summaries of it, even if such copies, extracts or summaries were made in violation of this Agreement;

c)           pay all sums due to Skills Generation under this Agreement;

d)          not to use any reproduction, counterfeit, copy, or colourable imitation of Skills Generation Materials or Intellectual Property, either in connection with such other business or the promotion of it, that, in Skills Generation' sole and absolute discretion, may possibly cause confusion, mistake, or deception, or that, in Skills Generation' sole and absolute discretion, may possibly dilute Skills Generation' rights in or to the Intellectual Property or the Materials; 

e)           comply with each and all of the provisions in this clause 7 and the Agreement as a whole.

7.6.             Upon termination, Skills Generation must immediately, at its cost:

a)           cease any use of the Client’s Intellectual Property in any manner whatsoever;

b)          return to the Client all Materials, copies, summaries, and extracts of the Materials, and all other material containing any Intellectual Property to the operation of the Client’s operations and any copies, extracts, summaries of it, even if such copies, extracts or summaries were made in violation of this Agreement;

c)           not to use any reproduction, counterfeit, copy, or colourable imitation of the Client’s Materials or Intellectual Property, either in connection with such other business or the promotion of it, that, in the Client’s sole and absolute discretion, may possibly cause confusion, mistake, or deception, or that, in Clients' sole and absolute discretion, may possibly dilute the Client’s rights in or to the Intellectual Property or the Materials; 

d)          comply with each and all of the provisions in this clause 7 and the Agreement as a whole.

7.7.             The expiration or termination of this Agreement does not relieve the Client of any obligations to Skills Generation existing at the time of such expiration or termination, or terminate obligations that, by their nature, survive the expiration or termination of this Agreement. 

7.8.             If Skills Generation terminates this Agreement in the event of a breach, Skills Generation may, in addition to terminating the contract:

a)           Retain any monies paid;

b)          Charge a reasonable sum for work performed in respect of which no sum has previously been charged; and

c)           Pursue any additional or alternative remedies provided by law.

8.                  Relationship of Parties:

8.1.            The relationship between Skills Generation and the Client is that of independent contractor and contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. 

a)           Neither party may make any warranties or representations on behalf of the other party and neither party can bind the other.

9.                  Assignment:

9.1.            Skills Generation may assign its rights and obligations under this Agreement without first obtaining the Client’s consent. Upon assignment by Skills Generation it must give written notice to the Client of the details of the assignee. 

9.2.            The Client must not, without the prior consent in writing of Skills Generation assign its rights and obligations under this Agreement.

10.              Force Majeure:

10.1.         Neither party will be liable for any delay or failure to perform its obligations under this Agreement if such delay is due to Force Majeure.

10.2.         If a delay or failure by either party to perform its obligations due to Force Majeure occurs:

a)           that party must notify the other party of the full details of the nature and expected duration of the Force Majeure promptly and no later than 2 days after it begins; and

b)          the obligations of the notifying party so far as they are affected by the Force Majeure event, are suspended for 60 days or, the time period set out in the notice given pursuant to this clause, whichever is less; and

c)           the affected party must use its best endeavours to remedy the Force Majeure event expeditiously.

10.3.         If the Force Majeure event lasts longer than the period specified in this clause 10, either party may terminate the Agreement immediately by notice in writing to the other.

11.              Notices:

11.1.         All notices given under this Agreement must be in writing and may be delivered in person or by mail or by the medium specified in the address for service stated in the Schedule. 

11.2.         A party may change its particulars for service by notice in writing to the other parties.

11.3.         A notice sent by post will be deemed received three days after posting. 

11.4.         A notice sent by email will be deemed received at the time and on the date that it is sent, unless the sender receives notification that the delivery of the email was unsuccessful, in which case the email will not be deemed to have been received.

11.5.         For the purposes of clause 11.4, ‘delivery’ of an email means the time that an email reaches the recipient’s server.

12.              Term:

12.1.         This Agreement will commence on the first day of the initial term set out on the first Order Form, and will continue in effect until the earlier of a) the expiration of all Order Forms applicable to the Client (including any renewal periods unless notice of non-renewal is provided as set out in Section 12.2), and b) the termination of this Agreement in accordance with its terms (the “Term”).  

12.2.         The term of each Order Form will start on the first day of the term specified on the Order Form, and will continue for the specified term. Except as expressly stated otherwise in an Order Form, all Order Forms will automatically renew for subsequent one year renewal periods unless a party gives the other party written notice of non-renewal at least 90 days prior to the end of the then-current term. Skills Generation reserves the right to increase Fees for HyFlex and/or on renewal by providing you written notice thereof (which notice may be provided by email) at least 90 days prior to the end of the then-current term.

12.3.         The Client must renew their HyFlex subscription if at the end of the Term they have students enrolled who are still working toward an accredited qualification/s and until such time as those students have completed their qualification/s.

13.              Third Party Platforms and Tools:

13.1.        Skills Generation will, from time to time, provide the Client with access to, or integration with, platforms, tools or services provided by third parties (“Third-Party Tools”) Included, but not limited to this, is the HyFlex Skills Online Learning Platform (“HyFlex OLP”) Thinkific. Thinkific is a proprietary platform of Thinkific Labs Inc that hosts HyFlex under a licencing arrangement with Skills Generation. The Client acknowledge and agree that use of such Third -Party Tools is at the Client’s own risk and discretion and Skills Generation will have no liability whatsoever arising from or relating to such use or engagement. 

14.              General:

Governing law

14.1.         This Agreement will be construed in accordance with the laws in force in Queensland and the parties submit to the jurisdiction of the courts of Queensland.

Reference to a party

14.2.         Any reference to a party in this Agreement includes, and any obligation or benefit under this Agreement will bind or take effect for the benefit of, that party’s executors, administrators, successors in title and assigns.

Duty and legal fees

14.3.         Each party will bear its own legal and other costs and expenses relating to this Agreement. The Client must pay any duty.

Entire Agreement

14.4.         This Agreement represents the entire Agreement for HyFlex between the parties and supersedes all prior representations, agreements, statements and understandings between the parties. This Agreement exists in concurrence with any other Agreement in place between Skills Generation and the Client for other services.

Severability

14.5.         If any part of this Agreement is invalid or unenforceable, that part will (if possible) be read down to the extent necessary to avoid the invalidity or unenforceability, or alternatively will be deemed deleted; and this Agreement will remain otherwise in full force.

Amendments to be in writing

14.6.         No amendment to this Agreement has any force unless it is in writing.

Further assurances

14.7.         Each party will sign and complete all further documents and do anything else that may be reasonably necessary to effect, perfect or complete the provisions of this Agreement and the transactions to which it relates.

Joint and several

14.8.         An obligation of two or more persons under this Agreement binds them jointly and severally and every expressed or implied agreement or undertaking by which two or more persons derive any benefit in terms of this Agreement will take effect for the benefit of those persons jointly and severally.

Waiver

14.9.         The failure of a party to this Agreement to enforce a provision or the granting of any time or indulgence will not be construed as a waiver of the provision nor of a waiver of the right of the party at a later time to enforce the provision.

Counterparts

14.10.     This Agreement may consist of a number of counterparts and if so the counterparts taken together constitute one and the same instrument.

Publicity

14.11.     No public announcement or communication relating to the negotiations of the parties or the subject matter or terms of this Agreement will be made without the written approval of both parties.

14.12.    Skills Generation is able to use the Client’s logo and name for the purposes of advertising and promoting HyFlex Skills on the HyFlex Skills website, or for other purposes as negotiated and mutually agreed by both parties.

No merger

14.13.     The rights and obligations of the parties contained in this Agreement will not be extinguished by or upon completion.

Time of the essence

14.14.     Time will be of the essence as regards a date or period determined under this Agreement except that a date or period may be altered by agreement in which case time will be of the essence for date or period as altered.

Release

14.15.     The Client enters into this Agreement and operates in accordance with this Agreement at its own risk.

14.16.     Skills Generation is not liable to the Client for any Claim incurred by the Client no matter how it is caused.

 

 


 

Schedule 1:  HyFlex Skills Training Services Requirements

 

This Schedule forms part of the HyFlex Skills Training Services Terms and Conditions and forms a binding obligation between Skills Generation and the Client once accepted by the Client.

 

Contact Details:

 

Skills Generation Representative:

Ben McCormack

HyFlex Skills Coordinator

[email protected]

 

Training Service Requirements:

 

Non-accredited Training:             

HyFlex Learning Bytes

Accredited Qualification:              

BSB20120 Certificate II in Workplace Skills

ICT20120 Certificate II in Applied Digital Technologies

Fee:

Annual Subscription Fee*: $2,000 AUD per annum

Annual User Fee: $1,200 AUD per annum per 50 students**

Fee for Service Accredited Qualifications: $400 AUD for one qualification, $600 AUD for two qualifications***

All Fees will be paid by the Client to Skills Generation

* The Annual Subscription Fee includes access for the Clients first 50 students

** The Annual User Fee applies where a Client has over 50 students

*** VETiS funding is not applicable     

Delivery Method:

Blended:

·       Online Learning Bytes

·       Online and Third Party supervision for Supplementary Assessments

Training Materials:

Skills Generation will provide:

·       Theory learning and assessment resources for both in class and self-paced learning

Real time reports – Progression through Learning Bytes:

The Client will have access to the HyFlex OLP enabling them to extract data on an as needs basis to monitor the progress and achievement of enrolled students

Other Conditions:

Support Teacher:

The Client will provide Teachers as appropriate for supervision, classroom management and support of students undertaking HyFlex non-accredited training

 

The Client will ensure that all student details provided in the HyFlex Skills Student Subscription List Template are accurate and in accordance with the requirements for Student registration including:

·       Student’s full name (as recorded with the school) 

·       Student’s date of birth (as recorded with the school)

·       Student’s school email address (as allocated by the school) This will be used as the student’s username to access the HyFlex OLP

·       Year level the student is enrolled in

The client will provide Skills Generation with a list of all students choosing to enrol in the accredited qualification/s. The details of the students will be advised using the HyFlex Skills Student Enrolment List Template

 

The Client will support and facilitate Supplementary Assessments for students undertaking the accredited qualification/s

 

The Client will upload Third Party Observation Checklists and any other required evidence as described in the Supplementary Assessments booklet to HyFlex OLP when students have successfully completed the Supplementary Assessments.

 

Access to School Resources:

Training conducted in schools will require classrooms to be equipped with computers, software and internet capabilities compatible with the HyFlex OLP

 

Minimum technical requirements to access HyFlex OLP:

·       Browsers: Chrome, Firefox, Safari, Microsoft Edge

·       Bandwidth: > 5mbps

·       Operating System: 

o   Windows: XP Service Pack 2 or newer (2001)

o   Mac: OS X Version 10.5.6 or newer (2009) 

Students will be able to access the HyFlex OLP remotely subject to them being able to access a computer with the appropriate software and internet connection. 

Cancelling Subscription to HyFlex Skills Training :

The Client cannot cancel their HyFlex subscription while they 

have students enrolled in accredited qualification/s on HyFlex. The 

Client must continue their subscription until any students working

towards an accredited qualification have completed.

 

Conversion from non-accredited to accredited qualifications

The Client will provide Skills Generation with the required

details of the students converting from non-accredited to 

accredited training using the HyFlex Skills Student Enrolment List

Template.

 

The Client will provide the appropriate enrolment link to the 

student for the student to enrol.

 

Students must be enrolled in Year 10 or above to be eligible to 

enrol in the accredited training. Where students enrol in Year 12, 

the Client must ensure the student completes the Certificate by 

the end of Term 3 to ensure the qualification can be considered for 

QCE.

 

The Client will facilitate and observe the Supplementary 

Assessments for the student, using the Supplementary Assessment 

Handbook with detailed instructions and templates, and the full list 

of the Learning Bytes that need to be completed for the accredited 

qualification, as provided by Skills Generation.

 

The Client will report successful achievement of 

Supplementary Assessments by enrolled students to Skills 

Generation by uploading a Third-Party Observation Checklists and 

any other required evidence as described in the Supplementary 

Assessments booklet for each student. Supervising teachers must 

only upload third party reports when the student performance is 

deemed satisfactory.

 

By enrolling a Student in accredited training the Client is 

confirming the Student has successfully completed all Learning 

Bytes required for that qualification.

 

The Client will report successful achievement of all required 

Learning Bytes by enrolled students to Skills Generation by 

uploading a Learning Bytes report when the Student has 

successfully completed all required Learning Bytes.

 

A Skills Generation TAE Qualified Trainer will ensure that all 

required Learning Bytes and Supplementary Assessments have 

been completed and meet the required standard as confirmed in 

the Third-Party Observation Checklist and Learning Bytes report. 

 

When these requirements are met the Trainer will report the 

student as being competent.

 

Once the student is assessed as being competent, they will receive 

their Certificate II Qualification and Certification from Skills 

Generation.

 

QCE credits are ascribed by QCAA under QCAA policies and rules. 

The QCE credits a student earns through their Certificate II 

Qualification/s will be in accord with these rules, and eligibility for 

QCE credits will take into consideration each individual student’s 

learning account. Skills Generation does not guarantee all Students 

will be eligible for QCE credits.

 

Recognition of HyFlex Skills Learning Bytes: 

HyFlex Skills Learning Bytes are carefully mapped to 

elements within accredited units of competency and cover all units 

in the BSB20120 and ICT20120 training packages as delivered by 

Skills Generation.

 

HyFlex Learning Bytes are not transferrable outside of Skills 

Generation and will not be recognised by other RTO’s.

                                                                        

If a student commences a HyFlex accredited qualification with the Client and then transfers to a school that does not have HyFlex, the students non-accredited HyFlex Learning Bytes may not be recognised for continuation of accredited study with the new School / RTO.

 

If a student commences a HyFlex accredited qualification with the 

Client and then transfers to a school that does have HyFlex, the 

Student’s continuation of accredited study at the new school 

through Skills Generation will be at the discretion of the new 

school.

Refund Policy:

No refund is payable if the Client cancels their HyFlex subscription or where Students do not complete their accredited training. 

Remote Learning: 

HyFlex is not a “Home School Provider”. Clients may, however, find the program helpful in case-by-case student situations and as a backup during school closures resulting from pandemic and other circumstances.

 

 


 

Schedule 2:  Definitions:

 

Term

Meaning

Accredited Qualification

The course to achieve the Certificate II Qualification/s in the Schedule

Claim

In relation to a person, means a claim, demand, remedy, suit, injury, damage, loss, cost, liability, action proceeding, right of action, claim for compensation or reimbursement or liability incurred by or to be made or recovered by or against the person, however arising and whether ascertained or unascertained, or immediate, future or contingent

Confidential Information

Any trade secrets, inventions, information, data, processes, specification, reports, financial plans and data, technology, know-how, records, statistics, management systems, business plans, computer software, user or operational manuals or other things relating to the property or affairs of Skills Generation and includes the terms of this Agreement

Course

The course to achieve the Certificate II Qualification/s in the Schedule

Fees

The amount determined and calculated in accordance with the Pricing Schedule. 

Force Majeure

Circumstances beyond the reasonable control of a party which results in that party being unable to perform an obligation of this Agreement on time or at all, and includes but is not limited to:

           i.           acts of God, lightning strikes, earthquakes, floods, storms, explosions, fires and any other natural disasters;

         ii.           acts of war, acts of public enemies, terrorism, riots, civil commotion, sabotage and pandemic;

       iii.           strikes or other industrial action or disputes not involving employees, members or participants of the party seeking to rely on the Force Majeure event

GST Act

A New Tax System (Goods and Services Tax) Act 1999

GST, Tax Invoice and Taxable Supply

Have the meanings given to them in the GST Act

HyFlex

For the purposes of this Agreement the use of the term HyFlex also means HyFlex Skills and Hybrid Flexibility Skills Training Program. All terms can be used interchangeably for the same meaning for the purposes of this Agreement

HyFlex Skills

Hybrid Flexibility Skills Training Program

HyFlex OLP

HyFlex Skills Online Learning Platform, a proprietary platform of Thinkific Labs Inc

Intellectual Property

a)       any trade marks whether registered or unregistered

b)      copyright in and to all material (including the Manuals, Learning Bytes and any promotional material) supplied by Skills Generation to the Client under the terms of this Agreement or otherwise

c)       Learner Handbook

d)      Supplementary Assessments Guides and templates

e)      HyFlex Skills Online Learning Platform 

f)        Audit reports and recommendations

g)       Policies and procedures of Skills Generation provided to the Client

h)      The information, know-how and expertise comprising Skills Generation’s business

i)        Confidential information

j)        Materials owned by Skills Generation

k)       Website

Key Representative

The person named in the Schedule

Learner Handbook

The Skills Generation Learner Handbook as published on the website

Learning Bytes

Non-accredited interactive, online, auto-assessed study modules available via the HyFlex OLP

Material

Learning Bytes, templates, handbooks, instructions, information and content required to provide the HyFlex Skills Services to Students for both non-accredited and accredited study. Specifically, being the content required to be covered for successful completion of the accredited Qualifications

Services

The provision of training and assessment of Students in HyFlex Skills for non-accredited and accredited study 

Student

A person enrolled in HyFlex Skills

Supplementary Assessments Handbook 

Instructions and templates used by schools to facilitate, record and report on Supplementary Assessments for students transitioning from non-accredited study to accredited VET qualifications.

Term

The period for which the Client remains subscribed to HyFlex Skills

Third Party Observation Report

The report supplied to Skills Generation by the Client on successful completion by the student of the prescribed Supplementary Assessments

Website

Skills Generation website www.skillsgeneration.com.au

HyFlex Skills website www.hyflexskills.com.au