Passive House Certification Package Agreement

Last updated: October 30, 2022

ALL AMOUNTS ARE EXPRESSED IN AUD. DOLLARS

Please read this agreement carefully before enrolling in one of our Passive House Certification Packages.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Passive House Certification Agreement:

• Account means a unique account created for You to access our Service or parts of our Service.
• Country refers to: New South Wales, Australia
• Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to SMART PLUS FAMILY PTY LTD ,PO BOX 481 Manly NSW 1655 Australia (trading as Smart Plus Academy, ABN: 36 644 265 412).
• Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
• Tuition means teaching that can be in person, online or as recording.
• Event means any course or part of the Passive House Certification Package online or in person
• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
• Orders mean a request by You to purchase Goods from Us.
• Service refers to the Website.
• Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
• Website refers to Smart Plus Academy, accessible from https://hub.smartplusacademy.com/
• Learning Platform refers to the Website
• Course Page means the Website page that has all the Course information and booking options on it.
• Course refers to the offered course by the Company on the Website.
• Package refers to the Live, Self-Paced or Bootcamp Passive House Certification Package or Ticket
• Ticket means a Package without a particular date
• Certification Course refers to the part of the Package that is the official Passive House Certification Course
• Certification Exam refers to exam offered by the Passive House Institute executed by the Company.
• Sessions mean learning units and Q&A sessions
• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

1. TUITION INFORMATION

You agree to pay the Company, the tuition amount indicated for the Package selected. The Package includes the admission to the following:

A. The Package Frontend Course:

a. Access will be granted 30 Days before or the day of Your enrolment whichever is closer to the Certification Course start date. Access will be provided until the first Certification Exam is completed. The Frontend Course includes preparations sessions, the printable course material and access to the flipbook. For the Live and Self-Paced Packages, You will have additionally, access to Your virtual live sessions.

B. The Package Backend Course:

a. Access will be granted on the Certification Course start date for the advertised period. The backend course contains full access to the recordings of the Certification Course sessions and access to the flipbook.

(Note: The Bootcamp Packages have the frontend and backend combined in one Course. Access will be grated as indicated on the Course Page)

C. The Passive House Exam Preparation Training:

a. Access will be grated from midway of the Passive House Certification Course for 90 days. It includes the tips and tricks, mock-up exams, exam like questions and the recordings of the teacher solving the questions.

D. The Passive House Exam

E. The PHPP Software (only with the Passive House Designer Course Packages)

F. Additionally, the Package program will further include access to a private online Facebook Group.

G. For in person events only, You are responsible for any and all other expenses for attending the event, including without limitation, travel to and from the event, accommodations and meals.

H. Depending on which specific subscription/program You have selected, You will receive various bonuses available only for this specific selection.

Access to the Package will only be granted if full payment is received, or otherwise agreed in writing and after this agreement is accepted.

2. CONTRACT TERM AND TRANSFER

A. From the date of this agreement, You have 24 months to complete both Your Certification Course and Certification Exam If You do not complete the Package within that timeline, the Company will terminate Your contract and You will forfeit all tuition paid to Us.

B. Transfer of Events to another person:

If You are unable to attend Passive House Certification Package for any reason, You may have someone substitute for Your participation in the Passive House Certification Package for which You are registered. Call or email Us at least 14 days prior to the beginning of the Passive House Certification Package starts for which You are registered to transfer Your enrolment. Previously transferred and complimentary Tickets are not eligible.

C. Transfer of Events to another date:

Subjects to applicable transfer fees, You may transfer one time; provided however that such transfer shall only be valid for an additional 12 months from the event start date from which You are transferring. You must do so by notifying Us by email. If You choose to transfer, You relinquish Your priority standing in the program for which You were enrolled, and Your transfer is subject to availability of the next event.

If You transfer within 60 days of Your scheduled program, because it would be extremely difficult and impractical to assess the actual damages suffered by Us because of Your transfer, then as liquidated damages, and not as a penalty, the following amounts apply, and in the cases other than forfeiture, will be added to any unpaid balance of Your tuition for the Package.

Transfer fee schedule

3. PAYMENT

Your tuition payment must be received in full by Us within 10 business days from the date of this agreement. If Your payment is received after 10 business days from the date of this agreement, The Company reserves the right to cancel any discounts granted.

If Your Full Payment is received by Us within 30 days from the date of Your purchase, then any Paid in Full bonuses will be applied to Your account. If any time after 30 days, You have not made the full payment, We shall in its sole discretion, cancel bonuses and/or charge You damage fees set below.

4. DEFAULT, CANCELLATION, TERMINATION, AND DAMAGES FEE

A. If You do not pay Your tuition by the agreed-upon payment terms, then You will be considered in default of this Agreement. You will forfeit Your enrolment. The Company will have the right, to terminate this contract, and upon such termination, You will be subject to the Damages Fee set below.

B. 72-Hour Cancellation: You may cancel Your transaction without penalty or obligation by submitting to Us, an email to welcome@hub.smartplusacademy.com
(Note: Refunds will take up to 6 weeks to post to Your account.)

C. Damages Fee: Because it would be extremely difficult and impractical to assess actual damages suffered by Us in the event You default or terminate Your Agreement You agree to be charged $995. This is a non-refundable, non-returnable Damages Fee.
(Note: If Your tuition fee included the PHPP licence and we already send You an access code to Your Licence key link, we will charge You additionally the regular amount as displayed on our Website, and You will maintain the licence created for You.)

D. No-Show Fee: If You do not attend the Passive House Certification Package (whether virtual or live event) without express written consent from the Company, You will forfeit Your tuition for the Package.

E. Discount Verification for Students, Concessions and other offered discount: Any discount from any of the Packages offered are subject to verification of eligibility of the discount by the Company. If after entering into the Agreement, the Company determines that You do not meet the eligibility qualifications for the discount offered, Your plan will revert to the full price of that plan as stated at the time of Your purchase.

F. If You have selected the finance plan and You subsequently cancel this Agreement for any reason (including without limitation, exercising The Company’s Satisfaction Guarantee as stated below), in addition to any other Damages Fees as described herein, You agree that all payments of interest made by You to the third-party financing company, shall not be credited to You by the Company in calculating a refund due (if any) because of such cancellation. The Damages Fee as provided, shall continue to apply in determining whether any refund is due to You.

5. GENERAL PROVISIONS

A. Warranties: You acknowledges that You do not relying upon any warranties, promises, guarantees or representations made by the Company or anyone acting or claiming to act on behalf of the Company unless it is in writing and made a part of these Terms. All advertising material and all prior representations or agreements, if any, whether oral or written, are hereby superseded by these Terms. These Terms contains the entire understanding and agreement between You and the Company, and no addition or modification of any of the terms herein shall be effective unless set forth in writing and signed by You and the Company. No Company representative has authority to modify any of these Terms.

B. Terms and Conditions: By signing up and registering for this Passive House Certification Package, You agreeing to be bound by these Terms, including all the Terms and Conditions herein. These Terms are governed by the laws of the State of New South Wales, Australia.

C. Dates, times, and structure of the Package are subject to change.

D. The Company reserves the right to terminate this enrolment for any reason it deems appropriate. Tuition credits and refunds will be reviewed on a case-by-case basis.

E. Assignment: This agreement may not be assigned to another individual or entity without express written approval of the Company.

F. Further Releases: At the Company’s sole discretion, the Company may require You to agree to additional terms and conditions to attend the Packages. Such additional terms shall be in addition to, and shall not supersede these Terms, and these Terms shall continue in full force and effect.

G. Personal Use and No Recording: You agree that by participation in or attending this Passive House Certification Package, You expressly agree not to record by audio, video, photography or any other means, any portion of this Passive House Certification Package, nor will You publish, post on the internet or otherwise make publicly available any recording or photograph of any portion of this Passive House Certification Event You also understand and agree that all written and/or electronic materials provided by the Company in connection with the Passive House Certification Package are protected by the copyright laws, and You agree not to use any and all such written/electronic materials in any form after this Passive House Certification Package, other than for Your personal use.

Certification Guarantee

We offer with our Live and Self-Paced certification Packages a Certification Guarantee.

To fulfil the certification guarantee, You need to score +80% on all quizzes in all parts of the Package and attend all sessions live or as recording.
If You full fill these requirements, You can sit the exam 3 times without additional cost.

Money Back Guarantee

If You fulfilled the requirements of the Certification Guarantee and failed Your 3 exams attempts, we will refund You as following:

Live Certification Packages: Two times the amount You paid to Us for Your Live Certification Package.

Self-Paced Certification Packages: One time the amount You paid to Us for Your Self-Paced Certification Package.