From $45 per week – 3 months free!
From $45 per week – 3 months free!
1.1 Is not, and does not claim to be, a school.
1.2 Is an educational resource.
1.3 Is not responsible for a child’s full education.
1.4 Is designed as a resource to assist parents/guardians home school or extend children’s education.
1.5 Is not a Government body.
2.1 The Provider will deliver the educational services (Services) under the following terms and conditions:
a. The Provider utilises independent educational contractors (Educators) to deliver the Services.
b. Educators are responsible for creating the educational content required to deliver the Services.
c. The Australian Curriculum is used only as a guide by the Educators.
d. Internet materials are utilised extensively.
e. Educators can be contacted via the Seesaw platform to assist with lesson content only
f. Educators endeavour to reply to questions and comments made by parents and/or students within the Seesaw platform within a reasonable timeframe
g. Applications and reports for home schooling through the Department of Education are the responsibility of the Parent.
h. Advice or assistance offered by the Provider may not be right for individual circumstances. Parents must decide if the Provider’s advice or assistance is right for their child based on their child’s individual needs. The Provider is not liable for any reliance placed on said advice and assistance.
i. All Educators are contractors of the Provider.
j. The Providers’ flyers and promotional material may vary from time to time and are subject to change without notice.
k. The Provider will provide course materials exclusively for the use by the Parent to assist in the education of the Parent’s child and does not permit the resale of the course materials.
l. Student work submissions are permanently deleted upon subscription cancellation. Student work submissions are permanently deleted when a customer terminates student enrolment with State of the Heart.
3.1 The Provider takes no responsibility for any content sourced from the Internet, including content that may offend or otherwise cause a Parent or their child any offence.
3.2 The Provider takes no responsibility in the unlikely event the Seesaw platform goes ‘off-line’, is hacked or otherwise is not available at any time due to unforeseen circumstances.
3.3 The Provider is not liable for an Educator’s misconduct. The Provider will terminate an Educator upon becoming aware of any serious misconduct (subject to an internal investigation) by a contracted educator toward The Provider’s clients.
4.1 The Provider may terminate this Agreement at any time due to proven harassment / misconduct or other general misconduct by a Parent towards any associated staff, contractor or client of the Provider.
4.2 Parents agree to their children’s photos and/or videos being uploaded to the Seesaw platform for educational purposes. Photos and videos of children will only be uploaded if they are part of an educational task such as, but not limited to, the demonstration of a dance routine or posing within a piece of work.
4.3 Parent’s email addresses may appear in ‘group’ emails sent to the Provider’s Educators and/or families enrolled or interested in the Providers’ Services.
5.1 The parent/legal guardian/customer is responsible for payment of all fees.
5.2 This Agreement may be terminated, or, Enrolled Students may be placed onto a waiting list, at the Provider’s discretion, if invoices are not paid by the due date.
5.3 Invoices not paid by the due date are subject to varied pricing, at the discretion of the Provider, and may attract increased costs.
5.4 No Refunds will be given after the day of commencement for each school term.
5.5 Any Refunds given before the commencement of each school term may attract an administration fee the equivalent of two weeks’ fees.
5.6 Payment grants access to the homeschooling program for the applicable billing period, regardless of actual usage by the Parent or child. Access cannot be deferred, transferred, or applied to a later month or term.
5.7 Upon formally cancelling enrolment with State of the Heart’s curriculum delivery, any overdue invoices are to be paid. Formal cancellation is to be via email with 4 weeks notice or payment in lieu.
5.8 State of the Heart reserves the right to remove access to, and delete lesson submissions within the user’s account as the result of unpaid fees.
All educational content created by Educators is delivered by the Provider with express permission of the relevant Educator. Educational content shall remain the exclusive property of the Educator, including, but not limited to, all patents, trademarks and copyrights in the course materials, program structure and courses. Parent’s must not, without prior written permission from the relevant Educator, record, copy, screenshot or make any other audio/visual image of the educational content for public or private use, other than for the purposes of educating the Enrolled Student or submitting material to the relevant state Education Department.
Except as may otherwise be required by law, each party will hold confidential, during and after the term of this Agreement, any confidential information disclosed to it or its representatives, and, will not disclose any such confidential information to any third party.
The Provider does not guarantee a student’s technical or academic competence as a result of the delivery of the Provider’s Services, or that the student will pass the requisite State minimum educational competencies.
9.1 This Agreement shall commence on the date it is entered into, with the Services commencing during the immediate term following the commencement date
9.2 The term of this Agreement is two (2) years. However, will automatically renew until written notice is given by the paying Parent/Guardian to the Provider, or, the child completes Year 10 of education.
10.1 In the event that either party defaults under this Agreement, the non-defaulting party may send written notice to the defaulting party of said default. If the defaulting party fails to correct said default within fourteen (14) days of receipt of written notice, then the non-defaulting party may terminate this Agreement and shall be entitled to seek any remedy available at law or in equity in addition to this Agreement.
10.2 This Agreement may be terminated upon mutual consent of Provider and the Parent.
If any provision, paragraph, sentence, or word of this Agreement is declared void by a court of competent jurisdiction; then the provision, paragraph, sentence, or word will be severed from this Agreement, and the remainder of the Agreement will remain in effect.
This Agreement, and the obligations arising under it, will be governed by the laws of Queensland, Australia.
It is taken that the Parent agrees to the terms and conditions upon execution of this Agreement.
These are the Terms and Conditions on which State of the Heart Education (ABN: 82 688 630 140) will carry out work for you. They will apply each time that you ask us to do work for you or carry out a Service. They set out our Services and what you can expect from us. Please read them carefully. It is a condition of your use of our Services that you comply with these Terms and Conditions.
These Terms and Conditions are subject to change without notice and may be superseded. State of the Heart Education may modify these Terms and Conditions by general notice on a page of our website, by email or by any other method of communication.
14.1 You may engage us to carry out a Service for you by:
a. electronically accepting a quoted fee or invoice from us; or
b. signing a quoted fee or invoice from us; or
c. providing an authorised Purchase Order; or
d. making a payment, or part-payment against a quoted fee or invoice; or
e. Purchasing a service offered by State of the Heart Education on this website or purchasing a service using a subscription link referencing these Terms and Conditions
f. verbally or electronically asking us to commence services in which case any work commenced by State of the Heart Education is deemed an acceptance of these Terms and Conditions. Unless State of the Heart Education notify you otherwise, State of the Heart Education will accept that engagement, subject to these Terms and Conditions
14.2 Your approval may be required for a number of items presented to you:
When State of the Heart Education provides you with any Approval Item, you must notify us in writing whether you do or do not accept the completed Approval Item. Your acceptance of the completed Approval Item means that the Approval Item is complete, and no further amendments are necessary.
There may be Additional Costs in having to reschedule services, staff or facilitate continuance due to unplanned delays in obtaining approval. If unable to perform continuance, the Client may have to pay a shutdown and subsequent restart fee commensurate to the labour and resource costs incurred.
14.3 In reference to access to online curriculum, monthly recurring services shall be invoiced in advance as a monthly recurring fee throughout the contractual period, with a minimum term of 1 month. Renewal of all subscription contracts shall occur automatically for the same minimum term upon expiration of the initial term, unless 30 days written notification is provided. Any modifications to the subscriptions shall prompt a repricing of services and shall automatically extend the minimum term to 1 month following the modification.
14.4 a.Payment for these services must be made by credit card (Visa, Mastercard) and monthly or termly (according to our timetable) recurring payments will be debited from the nominated card on the monthly anniversary of the subscription commencement date.
b. Specific Terms related to access to online curriculum: A minimum of 4 weeks’ notice for all enrolments and/or subscriptions is required if the Customer wishes to cease access to our online curriculum. Failure to provide this notice will result in the automatic extension of your monthly or termly subscription/invoice. Refunds or credit notes are not available.
14.5 Regarding external (external from State of the Heart Education) registrations, audits and reporting, you must supply to us all required completed work samples and all other required information that State of the Heart Education reasonably request in a timely manner. All required materials are to be made available to State of the Heart Education via text, email, or via the Seesaw app or website via the login we supply you.
14.6 If during the course of our engagement there are changes in the specifications of the services, the changes will be treated as a variation and may incur additional fees.
14.7 Unless otherwise agreed, State of the Heart Education will utilise their professional account/s to engage the appropriate third-party providers. You acknowledge that State of the Heart Education source providers, but the terms and conditions of those are governed by the providers. You explicitly agreed that the sole responsibility for passing external registrations, audits, and reporting procedures falls on you, the parent/guardian of the child/student and revokes State of the Heart Education for any failures to pass external registrations, audits or reporting procedures.
14.8 All recurring services are non-refundable and non-cancellable for the term of the contract. Unused hours/access to online curriculum may not be accrued and refunds will not be issued; a credit note may be issued at State of the Heart Education’s sole discretion or if required by law. Payments will continue to be charged to a card held on file in the event of a payment default.
14.9 To the fullest extent permissible by law, State of the Heart Education is not liable (whether in contract or tort) for:
To the fullest extent permissible by law, in no event will State of the Heart Education’s liability in contract, tort (including negligence and breach of statutory duty) or otherwise arising out of, or in connection with, this agreement exceed the amounts actually paid by the Client to State of the Heart Education for the specific part of the Service;
State of the Heart Education makes no warranties regarding the likelihood of success passing external registration, auditing or reporting processes/procedures.
Without limiting the above, State of the Heart Education will use its reasonable endeavours to optimise your success to pass the aforementioned processes/procedures.
You acknowledge that:
To the fullest extent permitted by law, the liability of State of the Heart Education for a breach of a non-excludable condition is limited to:
in the case of the provision of services:
in relation to goods:
To the full extent permitted by law, State of the Heart Education excludes all liability for:
State of the Heart Education’s total aggregate liability for all claims relating to the agreement is limited to the price for the specific Services payable under this agreement. Either party’s liability for any claim relating to the agreement will be reduced to the extent to which the other party contributed to the damage arising from the claim.
15. You indemnify, defend and hold harmless State of the Heart Education in respect of all actions, claims, proceedings, demands, liabilities, losses, damages, expenses and costs (including legal fees on a full indemnity basis), in connection with any of the following:
16.1 Before court or arbitration proceedings other than for urgent interlocutory relief may be commenced, the following steps must be taken to attempt to resolve any dispute that arises out of or in connection with this contract (including any dispute as to the validity, breach or termination of the contract, or as to any claim in tort, in equity or pursuant to any statute).
16.2 Notice (the notice of dispute) must be given in writing by the party claiming that a dispute has arisen to the other party (or parties) to this contract specifying the nature of the dispute.
16.3 Upon receipt of the notice of dispute, the parties must attempt to agree upon an appropriate procedure for resolving the dispute.
16.4 If within 10 business days of receipt of the notice of dispute the dispute is not resolved or an appropriate alternative dispute resolution process is not agreed, then the parties shall refer the dispute to the Queensland Government Dispute Resolution Centre, for facilitation of a mediation
16.5 The parties must co-operate with the Queensland Government Dispute Resolution Centre, Dispute Resolution Branch (DRB) mediator as facilitator.
16.6 This clause will remain operative after the contract has been performed and notwithstanding its termination
