PD4PTs – Membership Terms and Conditions
This is a membership form under which you agree to become a member of PD4PTs. When you sign this form, you are entering a legally binding agreement
This agreement (your membership) is made up of terms contained in this form including membership details plus any special conditions and the attached Terms and Conditions.
This form sets out your rights to use our services and the obligations you have to comply with as a member. Your responsibilities under this agreement, including payment of membership fees, are outlined below. If you believe at any time that you may not be able to comply with your obligations under this agreement including the payment of fees, you must notify us immediately so we can discuss options with you
Your PD4PTs Membership is a 12 month agreement. This agreement is bound to minimum terms as outlined in your Direct Debit Request.
Your membership is Ongoing, it is a periodic agreement that will continue after the Minimum Term until either you or we terminate it in the way described in the agreement. If an automatic direct debit agreement is in place, membership fees will continue to be debited from your credit card or account until you or Results in Motion cancels the agreement. If you terminate the agreement or stop the automatic debit arrangement in a manner not described in the agreement, then you may be liable for damages for breach of contract.
This agreement is subject to a 7 Days Cooling Off Period
PD4PTs DIRECT DEBIT TERMS AND CONDITIONS
Welcome to PD4PTs. To ensure that PD4PTs is able to provide a safe and comfortable learning environment for all members and staff please assist us by ensuring that you comply with the following conditions. We advise you to only sign the membership agreement if you understand and agree with these conditions. The information outlined in these terms and conditions can/will be used in the event of a discrepancy
By signing the agreement you are agreeing to have been given a copy of this agreement and agree to abide by the rules of the membership. You also acknowledge and agree that you are medically sound to undertake a normal course of learning, which may involve exercise; you utilise the CEC Course timetable at your sole risk and responsibility and you are aware that exercise is physically demanding and participation in some activities may pose a risk to your health. The agreement also relates to the member’s authority to Ezidebit/Stripe to directly debit the nominated bank account or credit card for any instalments or fees due under the terms and conditions of the Agreement and Direct Debit Request. The terms are stated below.
In this Agreement unless the contrary intention appears:
a. The singular includes the plural and vice versa
b. The reference to a party includes the party’s legal personal representative heirs and assigns
c. “Member” includes the parent or guardian of the Member if the Member is under 18 years
d. “Member” refers to the name in which the membership account has been created, which at times may differ to the party paying for the membership
e. “PD4PTs” means “The Trustee For The Erin Splatt Trust, trading as Results in Motion PTY LTD and PD4PTs” (ABN 95 816 967 337)
f. “Ezidebit” refers to “Ezidebit PTY LTD (CAN 096 902 813). All queries and comments about the services provided under this Agreement should be directed to PD4PTs via firstname.lastname@example.org. All queries and comments about the direct debit billing service should be directed to Ezidebit and/or Stripe. The Member acknowledges that Ezidebit and/or Stripe has been engaged by PD4PTs to collect the fees due under this agreement if paying by way of direct debit, and acknowledges that all rights of PD4PTs under this Agreement are able to be enforced by Ezidebit and/or Stripe as if it were the business without any involvement on the part of PD4PTs or the consent of the member
Direct Debit Personal membership with PD4PTs entitles you to:
a. 1 CEC Course per month
b. Additional half price course
c. Exclusive member-only events
d. Discounted mentoring with a PD4PTs business coach
e. Weekly e-newsletters with professional development content
f. Email support with upskilling, business and vocational training needs
Direct Debit Corporate Membership with PD4PTs entitles you to:
a. Full access to our exciting course calendar
b. Up to 5 CEC Courses per month total placement for your team members (valued up to $1995)
c. Exclusive member-only events
d. Business networking opportunities with other PD4PTs corporate members
e. Discounted mentoring/business coaching with a PD4PTs business coach
f. Weekly e-newsletters with training and development content
g. Email support with upskilling, business and vocational training needs
Direct Debit membership with PD4PTs requires you to:
a. Update your contact details if they change so we can keep in touch
b. Pay all agreed fees, ensure sufficient funds are available to cover all fees and advise us if your bank account or credit card is closed or changed
c. Inform us in advance if there are risks to your health if you participate in fitness services and if required seek approval from your doctor or General Practitioner
d. Acknowledge that it is your responsibility to cancel direct debit facilities in respect of your membership when this agreement is either terminated or expires
3. SPECIAL CONDITIONS REGARDING MEMBERSHIP ENTITLEMENTS
a. There are various CEC Courses provided at different PD4PTs venues. To ascertain exactly what a course are provided in a calendar month, please visit www.pd4pts.com.au.
b. PD4PTs reserves the right to make changes to the CEC Course Calendar at any time – this includes and is not limited to course type, times and presenter
c. All entitlements and access to any PD4PTs courses are revoked if a personal member’s account is in arrears of excess $100, and if a corporate account is in arrears of excess $200
d. If your automatic direct debit reverses or is returned to us by your financial institution we will attempt to contact you about retrying the debit. If the debit remains outstanding, it will be processed within 14 days of the reversal with any reversal and late fees that apply. If you fail to pay the fees by the due date, we are entitled to refuse you access to the PD4PTs course calendar. If unpaid fees remain outstanding and after attempts by us to rectify the arrears, your membership may be forwarded to a collection agency for further action
4. CHANGES TO CONDITIONS
PD4PTs reserves the right to change any of the conditions contained under “entitlements” by providing you with one month advance written notice of any changes
5. CANCELATION AND TERMINATION
This agreement is subject to a cooling off period. A cancellation request should be directed to PD4PTs Head Office in writing – email@example.com
During Cooling Off Period:
Your membership is subject to a 7 day cooling off period. The cooling off period starts from the date the agreement is entered and ends at close of business 7 days later and may be terminated on the following conditions:
a. PD4PTs requires a written request to terminate the membership within the time frame specified as the cooling off period from signing the membership agreement
b. All monies paid will be refunded with the exception of any administration fees
c. PD4PTs may request an additional payment to recover costs in relation to any course delivery or services provided to a member within this period
Outside Cooling Off Period BUT inside Minimum Terms:
Your membership may be terminated under the following conditions outside the cooling off period:
1. Permanent sickness or physical incapacity:
a. PD4PTs requires a written cancelation request advising the nature of the illness or physical incapacity, outlining specifically how this prevents you from utilising any of the CEC Course timetable that PD4PTs is able to provide
b. PD4PTs requires a medical certificate stating that you cannot utilise any fitness based courses (vocational learning) because of your permanent illness or physical incapacity
c. PD4PTs may agree to cancel the membership upon payment of a cancelation fee of 10% of the minimum membership fee or $75 (whichever is less)
2. Cancelation for any other reason within minimum term:
PD4PTs requires that a written cancelation request must be directed to firstname.lastname@example.org. The minimum fee amount is payable at the time of cancelation request
The member may terminate this Agreement before the expiry of their minimum term (or payment amount) if all the instalments and fees due up to the date of termination are paid and the relevant cancelation fee is paid in full at the time of cancelation request.
The cancelation fee, for a PD4PTs personal membership, if more than 6 months remaining is $300, and if there is less than 6months remaining on the minimum term of the agreement, is $200.
The cancelation fee, for a PD4PTs corporate membership, if more than 6 months remaining is $1200, and if there is less than 6months remaining on the minimum term of the agreement, is $800.
a. Cancelation after completion of Minimum Term
There will be a period of notice of 7 days, unless otherwise specified, from the date of the cancelation request to the date of termination, during which any payments that fall due must be paid in full. Any instalments/fees due at the date of termination (including instalments/fees which fall due during the notice period) remain a debt owed and recoverable by PD4PTs and/or Ezidebit. The member shall not consider that this Agreement has been terminated until such time as this is confirmed in writing to the member by PD4PTs.
b. Ongoing Membership Agreements
Your membership is Ongoing, it is a periodic agreement that will continue after the 12 months Minimum Term until either you or we terminate it in the way described in the agreement. If an automatic direct debit agreement is in place, membership fees will continue to be debited from your credit card or account until you or PD4PTs cancels the agreement. If you terminate the agreement or stop the automatic debit arrangement in a manner not described in the agreement, then you may be liable for damages for breach of contract
c. Termination by PD4PTs
PD4PTs reserves the right to terminate this membership agreement in accordance with the following conditions:
Action upon a complaint by either a PD4PTs member or an employee (or contractor) of PD4PTs
DAMAGE AND PERSONAL INJURY
To the extent permitted by law, PD4PTs and Ezidebit excludes any liability to the Member in the Agreement, tort, statute or in any other way for any injury, damage or loss of any kind whatsoever (including, without limitation, any liability for direct, indirect, special or consequential loss or damage) sustained by the Member, and/or any other person, or for any costs, charges, or expenses incurred by the Member, arising from or in connection with this Membership Agreement, and/or the services/products provided by PD4PTs and/or Ezidebit, and/or any act of omission of PD4PTs and/or Ezidebit
SAFETY, MAINTENANCE AND SERVICE DEMAND
From time to time PD4PTs may be required to make changes to the CEC Course Timetable, these may include:
a. Changing the course operating hours to suit demand
b. Changing presenter delivering the course
c. Changing CEC course timetable and/or rescheduling a course
When this occurs, PD4PTs will provide reasonable notice via email contact, phone and/or social media
a. Suspensions are available for a minimum period of 4 weeks and a maximum period of 8 weeks.
b. Members are entitled to a maximum of 2 suspensions annually
c. A request in writing must be submitted to email@example.com at least 7 days before the period requested and cannot be back dated.
d. Membership suspension time does not contribute to the minimum membership term, and any time taken under suspension will be added to the contractual minimum term
NOTE: Membership suspension cannot be requested or authorized if the account is in arrears – all owed dues must be paid in order to enable a suspension.
PAYMENTS BY DIRECT DEBIT
When paying by Direct Debit the Member agrees to pay the instalment amount at the agreed payment frequency until this Agreement is terminated in accordance to clause 5 under “Membership”. Should there be any arrears in payments the Member authorizes Ezidebit to debit the outstanding balance in order to bring the account back to balance.
A customer’s “personal information” will only be used by PD4PTs or Ezidebit to provide you with the services contemplated by this Agreement.
INCREASE IN FEES
If paying by Direct Debit, PD4PTs may at any time AFTER the end of the minimum term, upon sending written notice to the member’s last known address and giving 30 days’ notice, increase the instalment amount. If the Member wishes to terminate this Agreement as a result of the increase in the instalment amount, the Member must notify PD4PTs / Ezidebit in writing within 14 days of the date of the written notice sent by PD4PTs / Ezidebit. The Agreement will be terminated upon receipt of this notice. If the Member does not notify PD4PTs/Ezidebit of the intention to terminate this Agreement within such specified time period, then this Agreement will remain in force and the increase in the instalment amount will be deemed to be accepted by the member
This Agreement, and the DDR Service Agreement (if paying by Direct Debit) constitute the entire agreement, understanding and arrangement (express and implied) by the Member, PD4PTs and Ezidebit relating to the subject matter of this Agreement and supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral