ACCOUNTING CAREERS – SCHOOLS & INDUSTRY CONNECTION PROGRAM
PARTICIPATING FIRM TERMS AND CONDITIONS
Parties
Program Owner
Make Accounting Great Again Pty Ltd
ABN 36 679 225 908
Unit 34, 49-51 Mitchell Road,
Brookvale NSW 2100 (Program Owner)
and
Participating Firm
The accounting firm subscribing to participate in the Program.
(Participating Firm)
Background
A. The Program Owner has developed the Accounting Careers – Schools & Industry Connection Program (Program) to strengthen connections between the accounting profession, secondary schools and students across Australia.
B. The Program promotes awareness of accounting careers and pathways, including university, vocational education and training, work experience, traineeships and employment.
C. The Program operates through the five-stage framework: Explore -> Engage -> Experience -> Connect -> Launch.
D. The Participating Firm wishes to participate on the terms of this Agreement.
1. Definitions
In this Agreement:
Agreement means these Participating Firm Terms and Conditions and any schedule or document expressly incorporated into them.
Business Day means a day other than a Saturday, Sunday or public holiday in New South Wales.
Commencement Date means the date the Participating Firm accepts this Agreement and the first monthly participation fee is successfully processed, unless otherwise agreed in writing.
Confidential Information means confidential, proprietary, commercially sensitive or non-public information disclosed by or relating to either party.
Partners means the equity partners, salaried partners, directors, principals or other persons holding an
equivalent senior ownership, management or leadership position within a Participating Firm, regardless of their
formal title or legal status.
Program means the Accounting Careers – Schools & Industry Connection Program developed and operated by the Program Owner.
Program Materials means the frameworks, presentations, scripts, templates, guides, documents, methodologies, processes, branding materials and other resources supplied or made available by the Program Owner in connection with the Program.
School means a secondary school participating in or engaging with the Program.
Student means a school student participating in or affected by activities undertaken in connection with the Program.
2. Term
2.1 This Agreement commences on the Commencement Date and continues for an initial 12 months, unless terminated earlier under this Agreement.
2.2 After the initial term, this Agreement continues month-to-month unless terminated in accordance with clause 14.
2.3 Participation is non-exclusive as to any School, geographical area, market or education sector unless separately agreed in writing.
3. Nature of the Program
3.1 The Program facilitates engagement between the accounting profession, Schools and Students through:
(a) Explore – introducing Students to accounting careers;
(b) Engage – direct interaction with members of the profession;
(c) Experience – exposure to accounting workplaces and activities;
(d) Connect – developing relationships between Students, Schools and the profession; and
(e) Launch – helping interested Students identify education, training, work experience, traineeship and employment pathways.
3.2 Participation is flexible. The Participating Firm need not participate in every stage or activity and may determine its level of participation according to its resources, location and capacity.
4. Program Owner Responsibilities
4.1 The Program Owner will use reasonable endeavours to:
(a) maintain and develop the Program;
(b) provide relevant Program Materials and practical resources;
(c) provide a School careers presentation framework or script which the Participating Firm may reasonably adapt;
(d) where reasonably practicable, facilitate connections with Schools, careers advisers, education sectors and other relevant organisations, including introductions where Departmental or other education sector approval is required;
(e) promote the Program and recognise the Participating Firm’s involvement; and
(f) develop resources, relationships and approaches supporting School engagement.
4.2 The Program Owner may reasonably modify, update, expand or refine the Program and Program Materials, provided the change does not materially reduce the Participating Firm’s overall benefits or materially increase its financial obligations during the agreed term.
5. Participating Firm Responsibilities
5.1 The Participating Firm must participate in good faith consistently with the objectives and reputation of the Program.
5.2 It may participate through School presentations, classroom discussions, workplace visits, work experience, Vocational and Educational Training (VET) placements, mentoring, webinars, careers events, traineeships, cadetships and employment pathway initiatives.
5.3 The Participating Firm is responsible for:
(a) selecting suitable personnel;
(b) managing its relationships with Schools;
(c) determining whether it can accommodate workplace activities, placements or other opportunities;
(d) ensuring representations to Schools and Students are accurate;
(e) complying with applicable laws, professional obligations and School requirements; and
(f) ensuring its activities and personnel do not bring the Program or Program Owner into disrepute.
6. Employment and Other Opportunities
6.1 Participation does not require the Participating Firm to provide employment, work experience, internships, traineeships, cadetships or other positions.
6.2 Any such arrangement is separate from this Agreement and is the responsibility of the Participating Firm and the relevant individual, School or organisation.
7. Participation Fee
7.1 The Participating Firm must pay the applicable monthly participation fee:
|
Firm Size |
Monthly Participation Fee |
|
1-5 partners |
$450 plus GST |
|
6-10 partners |
$600 plus GST |
|
11-15 partners |
$750 plus GST |
|
16-20 partners |
$900 plus GST |
|
More than 20 partners/multi office/network firms |
Tailored fee agreed in writing |
7.2 Firm size is the number of partners, principals or equivalent owners at the Commencement Date.
7.3 Participation is a minimum 12-month subscription, payable monthly.
7.4 The Participating Firm authorises the Program Owner or its nominated payment provider to automatically charge each monthly fee to its nominated credit card and must maintain valid payment details.
7.5 A tax invoice will be issued for each monthly payment.
7.6 If payment is declined or not received when due, the Program Owner may reattempt payment and, after reasonable notice, suspend access to the Program and Program Materials until outstanding amounts are paid. Suspension does not affect fees payable for the balance of the initial term.
7.7 A material change in firm size will affect the fee from the next renewal period.
7.8 After the initial 12-month term, the participation fee may be changed by mutual agreement between the Program Owner and the Participating Firm. Any agreed change must be confirmed in writing before it takes effect.
8. Recognition and Branding
8.1 During the term, The Program Owner may recognise and promote the Participating Firm’s involvement through Program websites, social media, communications and other reasonable promotional activities.
8.2. Each party grants the other a limited, non-exclusive licence during the term to use its name and logo solely in connection with the Program.
8.3 The Participating Firm may engage with Schools and Students under its own brand and need not use the Program Owner’s corporate branding unless otherwise agreed.
8.4 Where the Participating Firm develops or contributes educational materials, presentations, resources or other Program content, it may be appropriately recognised on those materials, including by name and logo, in a form and placement agreed by the parties.
8.5 Neither party may materially alter the other’s branding, imply an unrelated endorsement or issue a media release specifically concerning the other without reasonable prior approval.
8.6 The Participating Firm must not represent that it owns or controls the Program, has exclusive participation rights, or is generally endorsed by the Program Owner, a School, government department or education organisation.
9. Intellectual Property
9.1 All intellectual property rights in the Program, Program Materials, five-stage framework, presentations, templates, guides, documented methodologies, branding and confidential Program know-how remain the Program Owner’s property.
9.2 The Program Owner grants the Participating Firm a limited, non-exclusive and non-transferable licence during the term to use the Program Materials solely for participation in the Program.
9.3 The Participating Firm may reasonably adapt presentation materials for its brand, people, services and opportunities, provided the Program’s fundamental purpose and integrity are not materially altered.
9.4 Without prior written consent, the Participating Firm must not:
(a) sell or commercially exploit Program Materials;
(b) provide confidential Program Materials to another accounting firm or third party;
(c) reproduce or distribute them except as reasonably required for participation;
(d) use confidential Program Materials or know-how to establish or assist a substantially copied or competing initiative; or
(e) represent Program Materials as developed by the Participating Firm.
9.5 Each party retains ownership of its pre-existing intellectual property.
10. Confidentiality
10.1 Each party must keep the other’s Confidential Information confidential and disclose it only as reasonably required to perform this Agreement, to personnel or professional advisers who need to know it, with consent, or as required by law.
10.2 These obligations survive termination or expiry.
11. Students, Child Safety and School Requirements
11.1 The parties acknowledge that Program activities may involve persons under 18.
11.2 The Participating Firm is responsible for determining and satisfying all requirements applying to its activities and personnel, including:
(a) child safety laws;
(b) Working with Children Check requirements, where applicable;
(c) School policies, procedures and reasonable instructions;
(d) privacy requirements; and
(e) workplace health and safety and other applicable legal requirements.
11.3 Unless expressly agreed otherwise, the Program Owner does not supervise Students in activities conducted by the Participating Firm or determine whether its personnel satisfy Working with Children Check or other School requirements.
11.4 The Participating Firm must ensure workplace visits, work experience, placements and similar activities it conducts or controls are appropriately supervised and safe.
12. Privacy
12.1 Each party must comply with applicable privacy laws.
12.2 Student personal information may only be collected, used, stored or disclosed where lawful, reasonably necessary for the relevant activity and consistent with applicable School requirements and consents.
12.3 The Participating Firm must not use Student information obtained through the Program for marketing databases or unrelated marketing or commercial purposes without any consent required by law.
12.4 Unless otherwise agreed with the relevant School, the School should remain the primary contact for communications involving Students under 18.
13. Compliance and Insurance
13.1 Each party must comply with laws and regulations applicable to its activities under this Agreement, and the Participating Firm remains responsible for its professional, ethical and regulatory obligations.
13.2 Nothing in the Program Materials constitutes legal, taxation, employment, education or other professional advice.
13.3 The Participating Firm must maintain insurance reasonably appropriate to its activities and responsibilities, including insurance required by law, and determine whether additional insurance is required for workplace visits, placements or similar activities.
13.4 At the Program Owner’s reasonable request, the Participating Firm must provide evidence of relevant insurance.
14. Cancellation, Suspension and Termination
14.1 The Participating Firm may cancel its subscription through the applicable online cancellation process.
14.2 Cancellation during the initial 12-month term prevents renewal but does not end the minimum 12-month commitment. Monthly fees remain payable and will continue to be automatically charged to the nominated credit card for the balance of that term.
14.3 After the initial 12-month term, the Participating Firm must cancel its subscription before the due date of the next monthly payment to avoid that payment being automatically charged.
14.4 Either party may terminate this Agreement immediately if the other party commits a material breach that cannot be remedied or fails to remedy a material breach within 14 days after receiving written notice requiring it to do so.
14.5 The Program Owner may immediately suspend the Participating Firm’s participation, to the extent reasonably necessary, if it reasonably considers that continued participation may create a material child-safety, legal, regulatory or reputational risk to the Program, a School, a Student or the Program Owner.
14.6 Following a suspension under clause 14.5, the Program Owner must conduct a reasonable investigation and, as soon as reasonably practicable, either reinstate the Participating Firm’s participation or terminate this Agreement if the circumstances reasonably justify termination.
14.7 The Program Owner may terminate this Agreement on 30 days’ written notice if the Program is discontinued or materially restructured so that participation cannot reasonably continue. Fees are payable only up to the effective termination date, and any fees paid for a period after that date must be refunded.
14.8 The Program Owner may, at its discretion, agree to an earlier termination or waive or reduce any remaining fees in exceptional circumstances.
15. Effect of Termination or Expiry
15.1 On termination or expiry:
(a) the Participating Firm’s right to use Program Materials ends;
(b) it must cease representing itself as a current Participating Firm;
(c) each party must cease using the other’s branding, except in historical records;
(d) the Program Owner may remove the Participating Firm from Program promotional channels; and
(e) accrued payment obligations and provisions intended to survive continue.
15.2 Fees paid for periods before the effective termination date are not refundable except where required by law.
16. Independent Parties
16.1 The parties are independent contracting parties. Nothing in this Agreement creates a partnership, joint venture, employment, fiduciary, franchise or agency relationship or authorises either party to bind the other.
17. No Guarantee of Outcomes
17.1 The Program Owner does not guarantee any particular School introductions or access, Student engagements or interest, presentations, placements, traineeships, recruitment or employment outcomes, media exposure, website traffic, social media reach, commercial benefit or return from participation.
17.2 Outcomes depend on matters including School participation, Student interest, location and the Participating Firm’s level of engagement.
18. Liability
18.1 To the maximum extent permitted by law, neither party is liable to the other for indirect, special or consequential loss arising in connection with this Agreement.
18.2 The Program Owner is not responsible for acts or omissions of Schools, Students, education departments or organisations, careers advisers, other Participating Firms or other third parties.
18.3 The Participating Firm is responsible for its activities and personnel.
18.4 To the maximum extent permitted by law, the Program Owner’s aggregate liability arising out of or in connection with this Agreement, whether in contract, tort (including negligence), statute or otherwise, is limited to total participation fees paid or payable by the Participating Firm during the 12 months immediately preceding the event giving rise to liability.
18.5 Nothing excludes, restricts or modifies any guarantee, right, remedy or liability that cannot lawfully be excluded, restricted or modified, including under the Australian Consumer Law.
19. Indemnity
19.1 To the extent permitted by law, the Participating Firm indemnifies the Program Owner against loss, liability, damage, cost or expense reasonably incurred arising from:
(a) negligence or unlawful conduct by the Participating Firm or its personnel;
(b) injury or property damage arising from an activity conducted or controlled by the Participating Firm;
(c) breach of obligations concerning Students, child safety, privacy or applicable law; or
(d) unauthorised use of the Program Owner’s intellectual property.
19.2 The indemnity is reduced proportionately to the extent the loss was caused or contributed to by the Program Owner’s negligence or unlawful conduct.
20. Reputation and Conduct
20.1 Each party must act reasonably to protect the Program’s reputation and integrity.
20.2 The Participating Firm must not make misleading or unsupported statements about government, School or education sector endorsement, Program outcomes or the Program Owner.
20.3 Nothing prevents a truthful statement required by law.
21. Feedback
21.1 The Participating Firm may provide feedback and suggestions. The Program Owner may use them to develop and improve the Program without payment or other obligation, but ownership of the Participating Firm’s pre-existing intellectual property is unaffected.
22. Dispute Resolution
22.1 A party claiming a dispute must notify the other in writing with reasonable details.
22.2 Senior representatives must attempt in good faith to resolve it within 14 days.
22.3 If unresolved, the parties may agree to mediation before court proceedings.
22.4 Either party may seek urgent interlocutory or injunctive relief.
23. Events Beyond Our Control
23.1 Neither party is liable for delay or failure to perform caused by circumstances beyond its reasonable control, including natural disasters, public health emergencies, government restrictions, industrial disruption, School closures, technological failures or other events materially preventing or disrupting Program activities.
23.2 This does not excuse or delay payment of an amount due before the relevant event occurred.
24. Notices
24.1 Notices must be in writing and may be emailed to contact details supplied in connection with the subscription or otherwise notified in writing.
24.2 An email is received on the day sent if before 5.00 pm on a Business Day, otherwise on the next Business Day, unless the sender receives an automated delivery failure notice.
25. Assignment
25.1 The Participating Firm must not assign, transfer or novate this Agreement without the Program Owner’s prior written consent.
25.2 The Program Owner may assign or novate this Agreement to an entity acquiring or assuming responsibility for the Program, provided that entity assumes the Program Owner’s obligations and the Program Owner gives the Participating Firm written notice of the assignment or novation.
26. General
26.1 This Agreement is the entire agreement concerning participation in the Program and supersedes prior discussions, proposals and communications. If inconsistent with a proposal or promotional document, this Agreement prevails.
26.2 Except where expressly permitted, a variation must be in writing and agreed by both parties.
26.3 Failure or delay to exercise a right is not a waiver.
26.4 If a provision is invalid or unenforceable, it is to be read down where possible and otherwise severed without affecting the remaining provisions.
27. Acceptance of Agreement
27.1 By subscribing and ticking the relevant acceptance box, the Participating Firm confirms it has read, understood and agrees to be bound by this Agreement. Ticking the box constitutes electronic acceptance and execution.
27.2 The person accepting on behalf of the Participating Firm represents that they have authority to bind it.
27.3 The parties may also execute this Agreement separately, including by electronic signature. Either method constitutes valid acceptance and execution.
28. Governing Law
28.1 This Agreement is governed by the laws of New South Wales, Australia.
28.2 Each party submits to the non-exclusive jurisdiction of the courts of New South Wales and courts entitled to hear appeals from them.