Expression of Interest Form – Voluntary Business Training Providers Program

By submitting an application for to become a Voluntary Business Training Provider, you agree to be bound by these terms and conditions.

These terms and conditions should be read in conjunction with any relevant information about the Voluntary Business Training Providers Program, e.g. your application, any information on Council’s website and any Council correspondence regarding the program.

1. APPLICANT

   The person submitting this application on behalf of the business is jointly and severally liable together with the business to ensure compliance with these terms and conditions.

2. ELIGIBILITY

   2.1 To be eligible to submit an application, the applicant must be a business that has a current, active ABN.
   2.2 Council staff, Councillors and their immediate families are ineligible to apply.

3. ASSESSMENT OF APPLICATIONS

   3.1 All applications will be assessed by Council officers.  Applicants whose proposed training is considered appropriate and relevant to the Wyndham business community may be selected to deliver their training. 

   3.2 Council reserves the right to request further information from an applicant prior to determining the outcome of their application.

   3.3 Applicants will be notified of the outcome of their application within 20 business days of submission.

4. SUCCESSFUL APPLICANTS

   Applicants who are selected by Council to become a training provider:

   4.1 agree to deliver their proposed training at Council’s Civic Centre, 45 Princes Highway Werribee 3030, or other location within Wyndham, on the date(s) and time(s) advised by Council;

   4.2 acknowledge and agree that the training may be moved online (e.g. via Microsoft Teams or Zoom) if it cannot be held in person; and

   4.3 agree to complete any additional forms or enter into any further agreements that Council may reasonably require in connection with the delivery of their training.

5. EQUIPMENT AND TRAINING MATERIALS

   5.1 Training providers must provide all of their own equipment and materials beyond those specified in their application form that they require to deliver the training.

   5.2 Training providers warrant that their training material does not infringe a third party’s copyright or intellectual property rights.

   5.3 At least 5 business days before the date of the training session, the training provider must provide their training materials to Council for approval.  Council may require reasonable amendments to the materials before approval is provided.  Training providers must not use any training materials which have not been approved by Council.

6. BUSINESS PROMOTION

   6.1 Training providers acknowledge and agree that they will have an opportunity to promote their business for a maximum of 5 minutes at the conclusion of their training session.  Training providers must have Council’s prior approval to display or distribute any promotional material at or after the training session.

   6.2 Training providers consent to Council photographing or otherwise recording their training session and further consent to Council using or publishing such photographs and/or recordings in any format whatsoever, acting in its sole discretion, for the purpose of promoting the program. 

7. POST-TRAINING EVALUATION

   Training providers acknowledge and agree that all participant evaluation of the training session will be conducted by Council and that they must not undertake any of their own post-training evaluation.  A de-identified copy of the participant evaluation will be made available to the training provider by Council.

8. INSURANCE

   Training providers must hold and maintain the following insurances and provide a copy of their certificate of currency for these insurances with their application and otherwise on Council’s request:

   (a) Professional Indemnity Insurance in a minimum amount of $2 million per single event; and

   (b) Public Liability Insurance in a minimum amount of $5 million per single event.

9. INDEMNITY

   Training providers release, indemnify and continue to indemnify Council, its Councillors, employees, agents and contractors against all claims arising in connection with a breach or potential breach of these terms and conditions, including, without limitation, any infringement or potential infringement of third party intellectual property rights.

10. COVID-19

    Training providers must comply with:

    (a) all State and Commonwealth Government directions, requirements and guidelines in relation to COVID-19, including checking in using the Service Victoria QR Code and maintaining social distancing;

    (b) Council’s COVID Safe Plan; and

    (c) any additional requirements in response to COVID-19 that Council may impose from time to time.

11. NO REPRESENTATION

    Council makes no representation as to the minimum number of new clients that training providers may enjoy following the delivery of their training.

12. NO RELATIONSHIP

    Nothing in these terms and conditions or in the conduct of the parties creates a relationship of agency, partnership, employer and employee or joint venture.

13. WITHDRAWAL AND CANCELLATION

    13.1 Training providers may withdraw from the program at any time by notifying Council by email to business@wyndham.vic.gov.au.

    13.2 Council reserves the right, acting in its entire discretion, to:

    (a) change the time(s) and/or date(s) of a training provider’s training session;

    (b) cancel a training provider’s session; or

    (c) cancel the program entirely.

    13.3 In the event of a change or cancellation by Council under condition 13.2, Council accepts no liability for any costs incurred by the training provider in anticipation of their training session.

14. GENERAL

    14.1 Training providers must comply with all laws, rules and regulations in connection with the delivery of their training.Z

    14.2 Council may amend these terms and conditions at any time, without prior notice.