Short Course Partner Pricing Terms and Conditions

Partner Pricing Terms and Conditions for AIM Short Course Partnerships.

General Terms

AIM Partner Pricing

Refer to the Commercial Details for the one applicable to this agreement. Specifically: 

1. Short Courses Partner - provides the Client with access to AIM Short Courses limited to the number as defined by the Partner Pricing Inclusions outlined in the Commercial Details.
2. Immersive Online Learning Series  Partner - provides the Client with access to courses offered under AIM Immersive Online Learning Series and is limited to the number as defined by the Partner Pricing Inclusions outlined in the Commercial Details. 

Bookings

1. AIM reserves the right to change the scope of available AIM Programs at any time.
2. AIM may determine which AIM Programs are available as part of the AIM Partner Pricing and how many seats in a scheduled AIM Program are available based on occupancy capacity and mix of cohort.
3. Partner Pricing bookings are available for courses that commence prior to the Expiry Date outlined in the Commercial Details. Any AIM Programs not consumed within the Expiry Date are forfeited and non-refundable.
4. Group bookings can be accommodated subject to availability. Bookings can be made through the AIM customer service team by email partnerpack@aim.com.au.  
5. All booking amendments or cancellations for a particular AIM Program can be made through the AIM customer service team up until (10) business days before the commencement of the relevant course date.  
6. If an AIM Program booking is cancelled within 10 days of course commencement or the booked participant fails to show, the booking will be deemed as delivered and one AIM Program consumed.
7. If an AIM Immersive Online Learning course is cancelled and the student has already accessed the learning materials, the booking will be deemed as delivered and one Immersive Online Learning course consumed. 

Exclusions/Restrictions

1. Complimentary Courses are not included within AIM Partner Pack subscriptions
2. Academy Xi Elevate Online programs are not included within AIM Partner Pack subscriptions
3. Mini MBAs, Micro Credentials, VET Qualifications and IECL courses are not included within AIM Short Course or Immersive Online Learning Series Partner Pricing subscriptions.
4. Immersive Online Learning Series provides access only to the courses included within the designated Series. Access to any other AIM courses offered online is not included.
5. Courses offered under the Immersive Online Learning Series are not included in the AIM Short Course Packs. 

Fees and Payments

1. The Client agrees to pay AIM the AIM Partner Pricing Fee as outlined in the Commercial Details before AIM Programs can be booked.
2. AIM will issue a Tax Invoice to the Client and the Client will pay the Fees set out in the invoice, in accordance with the Payment Terms.  
3. AIM Partner Pricing payments are non refundable unless AIM is found to be in breach of clause 6.1.
4. If the Client wishes to extend the Expiry Date of the Agreement, a Fee of 10% of the total AIM Partner Pricing Fee per month of extension will apply. A Change Order will be issued and the customer will be invoiced for the adjusted Expiry Date. 

Obligations

AIM will ensure that the AIM Programs:

1. are performed with due care and skill and in a timely and professional manner consistent with generally accepted industry practice; and
2. comply with all applicable laws, regulations and professional standards. 

Liability 

1. Exclusion of consequential loss
   1. Neither party will be liable to the other party, its Personnel or any other person for consequential or indirect loss, loss of profit, loss of goodwill, loss of opportunity or exemplary or punitive damage suffered or incurred by the other party either directly or indirectly in connection with this agreement.  
2. AIM’s Liability
   1. To the maximum extent permitted by law, the aggregate liability of AIM to the Client under or in respect of this agreement whether in contract, tort (including negligence), statute or any other cause of action is limited to the total Fees payable by the Client. 

Termination 

1. Termination by Either Party
   1. Either party may terminate this agreement immediately by written notice to the other party:  
      1. if the other party has committed a material breach of this agreement and has failed to remedy the breach within thirty (30) days of receipt of written notice requiring the breach to be remedied; or
      2. if an Insolvency Event occurs in relations to the other party.
2. Survival
   1. Without limiting the above, clause 8 and any other clause intended to survive termination or expiry of this agreement will continue in effect after the termination or expiry of this agreement.

Intellectual Property 

1. AIM Materials
   1. The parties agree that all Intellectual Property Rights in the AIM Materials (including any improvements or modifications) are owned by AIM.
   2. Nothing in this agreement transfers to the Client or its Personnel any Intellectual Property Rights of AIM (including in the AIM Programs).  

General

1. Governing Law and Jurisdiction
   1. This agreement is governed by and construed in accordance with the laws of New South Wales, Australia.  
2. Entire Agreement
   1. This agreement sets out the entire agreement between AIM and the Client in relation to the supply of AIM Partner Pricing and AIM Programs and supersedes all previous agreements, understandings and negotiations on that subject matter.  
3. Severance
   1. Any provision of this agreement that is illegal, void or unenforceable will be severed without affecting the other provisions.
4. Relationship
   1. AIM is engaged as an independent contractor by the Client and neither AIM nor its Personnel or any subcontractors are an employee of the Client or its related bodies corporate. Nothing contained or implied in this agreement creates any relationship of partnership, trust, agency or joint venture between the parties, and the Client does not have authority to bind AIM in any way.
5. Assignment
   1. Neither party may assign any right or novate any obligation under this agreement without the prior written consent of the other party.  

Definitions 

The following words have these meanings in this agreement.  All other capitalised terms have the meaning set out in the Commercial Details:

AIM Partner Pricing means the AIM Partner Pricing program providing access to a definitive number of AIM Programs.

AIM Program means one of the below course groups relevant to the Partner Pricing Inclusions:

• Short Courses and Mini MBA offered by AIM; or
• Virtual and Self-Paced Online Learning offered by AIM; or
• Qualifications offered by AIM.

Business Day means a day on which banks are open for general banking business in Sydney (not being a Saturday, Sunday or public holiday in that place).

Dollars or $ means Australian dollars.

Fees means the fees for the AIM Partner Pricing outlined in the Commercial Details and any Additional Fees.

GST has the meaning it has in the GST Act.

GST Act means the A New Tax System (Goods and Training Services Tax) Act 1999 (Cth).

Insolvency Event means any of the following events:

1. liquidator, provisional liquidator, administrator, receiver or trustee is appointed in relation to any of the property or assets of a party or any action is taken for such appointment; or
2. an application is made to or an order is made for the winding up of a party.

Intellectual Property Rights means all intellectual property rights including current and future registered and unregistered rights in respect of copyright, trade marks, designs, circuit layouts, trade secrets, know-how, confidential information, plant breeders rights, patents, invention and discoveries and all other intellectual property as defined in article 2 of the convention establishing the World Intellectual Property Organisation 1967.

Late Payment Fee means any fee payable in respect of late payment of any Tax Invoice calculated in accordance with the Commercial Details.

Participant(s) means Personnel of the Client who are booked to attend an AIM Program.

Personnel means all employees, agents, consultants and contractors of a party or its related bodies corporate.

Tax Invoice has the meaning given to it in the GST Act.