StudyLink Terms & Conditions

1. StudyLink Advertising

1.1 On receipt of the Booking Confirmation Form StudyLink will send to the Customer information about how to provide any required material. The Customer has 30 days to supply the required material. If the required material is not received within 30 days then StudyLink will source the required material from existing material, including but not limited to, the Customers web site and publicly availably promotional material.

1.2 StudyLink reserves the right to charge the Customer for any additional production work required to prepare the materials for publication on the StudyLink web sites.

1.3 StudyLink will issue an invoice to the Customer on receipt of the Booking Confirmation Form or on the start date of the advertising, whichever is later.

1.4 If payment is not received, StudyLink reserves the right to remove the Customers advertising from StudyLink, without any reduction in the amount the customer is still required to pay. The customer is still liable to pay for the full subscription amount.

1.5 There is no refund for any subscription or advertising contract cancelled before the end of the subscription or advertising period.

1.6 Unless otherwise stated, the duration of any advertising is 12 months from the start date of the advertising as notified on the Booking Confirmation Form or confirmed by a StudyLink representative.

1.7 StudyLink reserves the right to change the partners or marketing of any sites booked by the customer.

2. Right to Vary Format and Placement of any Advertisement

2.1 StudyLink reserves the right to vary the placement of Advertising within a particular Internet site.

2.2 StudyLink will endeavour to notify the Customer of any such changes, however, StudyLink will not be liable for any costs, expenses, losses or damages suffered or incurred by a Customer arising from StudyLink’s failure to publish Advertising in accordance with a Customer’s request.

2.3 If StudyLink varies the format and placement of any advertisement, the Customer can elect to terminate their advertising and receive a refund on the remaining term of the advertising contract.

2.4 StudyLink reserves the right to replace the contact details on any Customer supplied PDF or brochure that is distributed by StudyLink to contact details for StudyLink.

3. StudyLink Submit and AppManager

3.1 The following clauses apply to Customers who have purchased StudyLink Submit and/or AppManager (the ‘Services’).

3.2 Submitted application means an official application of the Customer containing all the information the Customer has specified to be mandatory that has been sent to the institution by StudyLink.

3.3 The Customer agrees to:

3.3.1 pay the amount per submitted application as indicated on the Booking Confirmation Form.

3.3.2 treat applications received from StudyLink with the same priority, urgency and authenticity as those received by the Customer directly.

3.3.3 not charge a lower application fee for applications submitted outside StudyLink. That is, it cannot be more expensive to submit an application to the Customer via StudyLink than by any other means.

3.3.4 in the case of AppManager, link to the branded student portal from its own website for the duration of this Agreement.

3.3.5 where the Customer agrees to pay a commission for an enrolled student the Customer agrees to update the final status of all applications within the StudyLink system within 30 days of reaching a decision on the application.

3.3.6 for the purposes of 3.3.5, an enrolled student is one who begins a course of study with the Customer. StudyLink will issue a statement for the agreed fee of all enrolled students and the Customer shall review and agree that statement within 30 days of receipt. If there is no response within this time the Customer is deemed to accept the list of enrolled students as specified by StudyLink and will be liable for the agreed fee.

3.4 StudyLink agrees to build an online application form according to the official application form supplied by the Customer.

3.5 The Customer agrees to supply an unprotected, electronic version of all relevant application forms to StudyLink, including all additional forms that may be required to be completed during the application process.

3.6 The Customer shall have 30 days to review and provide any required changes, including specifying any mandatory fields. If no response is received then StudyLink has the right to assume that the application is correct and will be accepted by the Customer.

3.7 StudyLink will issue an invoice for the Set Up fee upon receipt of the signed Booking Confirmation Form.

3.8 The Set Up fee covers:
- creating two customised online application forms and linking the fields from these to the official pdf or word application forms;
- importing an updated course list
- creating a version of the student portal in the Customers brand
- creating a version of the agent portal in the Customers brand
- supplying one log in account for the Customer
- customising the automatic email messages

Any further changes or additional application forms requested by the Customer will attract an additional charge. StudyLink will prepare a quote for the specified work and will not proceed until the Customer agrees.

3.9 Each quarter StudyLink will produce an invoice and statement for the prior 3 months and send it to the Customer for payment.

3.10 StudyLink hereby grants the Customer a non-exclusive, non-transferable, worldwide right to use the Services, solely for its own business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by StudyLink.

The Customer shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service in any way; (ii) modify or make derivative works based upon the Service; or (iii) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service.

You may use the Service only for your business purposes and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (v) attempt to gain unauthorized access to the Service or its related systems or networks.

3.11 In the case of AppManager, StudyLink does not own any data, information or material that is entered into AppManager in the course of using the AppManager ("Customer Data"). You, not StudyLink, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and StudyLink shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. In the event this Agreement is terminated (other than by reason of your breach), StudyLink will make available to you a file of the Customer Data within 30 days of termination if you so request at the time of termination. StudyLink reserves the right to withhold, remove and/or discard Customer Data without notice for any breach, including, without limitation, your non-payment. Upon termination for cause, your right to access or use Customer Data immediately ceases, and StudyLink shall have no obligation to maintain or forward any Customer Data.

3.12 The Customer grants StudyLink a licence to use the Customer Data for general usage, demographic and reporting purposes. No individual customer will be identified by StudyLink when reporting on the Customer Data.

3.13. StudyLink alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the StudyLink Technology, the Content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the StudyLink Technology or the Intellectual Property Rights owned by StudyLink. The StudyLink name, the StudyLink logo, and the product names associated with the Service are trademarks of StudyLink, or third parties, and no right or license is granted to use them.

3.14 Upon signing the Booking Confirmation Form, the Customer agrees to use the Service for a minimum term of 12 months, unless otherwise stated on the Booking Confirmation Form. Beyond the minimum term, the Customer agrees to use the Service until such time as it informs StudyLink of its decision to terminate the Service, giving 3 months notice in writing.

3.15 StudyLink agrees to operate the service according to the Service Level Agreement attached.

4. Customer Warranties

4.1 The Customer represents and warrants to StudyLink that it is fully authorised to publish the entire contents and subject matter of all advertisements (including, without limitation, all text, graphics, icons, photographs, materials provided to StudyLink for production purposes, URLs, and sites to which URLs are to be linked), and that all such contents and subject matter will comply with all applicable laws, regulations and relevant industry codes.

4.2 The Customer agrees unconditionally to indemnify StudyLink and hold StudyLink harmless (including all of its officers, agents, employees and subsidiaries) from and against any and all loss, damage, liability and expense (including all reasonable legal fees) suffered or incurred by reason of any claims, proceedings or suits based on or arising out the publication of, or any act or omission in relation to, the advertisements, including but not limited to claims related to defamation, contempt of court, rights of publicity and/or privacy, copyright infringement, trade mark infringement, misleading or deceptive conduct and any failure to comply with or fulfil any representations, warranties or agreements made in the relevant advertisement or on any website represented by a URL shown or embedded in the relevant advertisement or any object in such advertisement.

5. Termination for Cause

5.1 Any breach of the Customers payment obligations or unauthorized use of the StudyLink Technology or Service will be deemed a material breach of this Agreement. StudyLink, in its sole discretion, may terminate your advertising, password, account or use of the Service if you breach or otherwise fail to comply with this Agreement. You agree and acknowledge that StudyLink has no obligation to retain the Customer Data, and may delete such Customer Data, if you have materially breached this Agreement, including but not limited to failure to pay outstanding fees, and such breach has not been rectified within 30 days of notice of such breach.

6. Representations & Warranties

6.1 Each party represents and warrants that it has the legal power and authority to enter into this Agreement. StudyLink represents and warrants that it will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof and that the Service will perform substantially in accordance with the StudyLink help documentation under normal use and circumstances.

7. Limited Liability

7.1 During the term of the Agreement the Customer has the right to amend and update its information at any time, at no additional charge. As a result, StudyLink cannot be held liable if there are any inaccuracies or errors (even if information is imported by StudyLink on behalf of the Customer).

7.2 StudyLink do not censor comments posted by visitors to the site and therefore cannot be held liable for any comments about the Customer or its courses. However, if the Customer believes something is libellous or defamatory, please let StudyLink know and it will be investigated as soon as possible.

7.3 Any of StudyLink's services which are the subject of this Agreement are provided without warranties of any nature, and StudyLink disclaims all warranties, express or implied, including without limitation any implied warranties of merchantability and fitness for a particular purpose. In no event will StudyLink be liable for any form of loss, damage, liability or expense whatsoever including but not limited to consequential, indirect, incidental, or special damages, damages for loss of profits, business interruption, loss of or unauthorised access to information, and the like, even if StudyLink has been advised of the possibility of such damages, except for losses due to StudyLink’s negligence, breach of contract or violation of law.

7.4 StudyLink's liability (or the liability of any of its subsidiaries) for any breach of this Agreement, including any liability for consequential loss which the Customer may suffer or incur will be limited as StudyLink may elect in its sole discretion, in the case of services supplied or offered by StudyLink, to either (a) the supplying of the services again; or (b) the payment of the cost of having the services supplied again or, in the case of goods supplied or offered by StudyLink, (c) the replacement of the goods or the supply of equivalent goods, (d) the repair of such goods, (e) the payment of the cost of replacing the goods or acquiring equivalent goods, or (f) the payment of the cost of having the goods repaired. This does not limit liability for violations of law or Intellectual Properties infringement.

8. Internet Delays

8.1 STUDYLINK'S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. STUDYLINK IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

9. Taxes and Charges

9.1 The Customer will pay all taxes, duties and other government charges payable or assessed in connection with this Agreement whether applying as at the date of this Agreement or in the future including without limitation goods and services tax, other value added tax, sales or use taxes, stamp duty and turnover tax, but excluding taxes, duties and government charges assessed on the income of StudyLink or its related parties.

10. Invoice and Payment

10.1 By submitting a Booking Confirmation Form to StudyLink, the Customer agrees to be liable for all the relevant fees and costs indicated on the order form.

10.2 The Customer has 30 days to pay the invoice.

10.3 StudyLink reserves the right to charge a commercial rate of interest for any monies not paid within 30 days.

11. General

11.1 These Terms embody the entire agreement between the parties and supersede all prior and contemporaneous agreements, arrangements and understandings between the parties with respect to its subject matter.

11.2 This Agreement is governed by the laws of the state of New South Wales. The Customer consents to the non-exclusive jurisdiction and venue of courts of New South Wales for all disputes arising out of or relating to this agreement.

11.3 This agreement does not create a joint venture, partnership, employment, or agency relationship between StudyLink and the Customer.

11.4 StudyLink reserves the right to change these terms at any time and will publish its current terms on its web site for Customers to review.