STUDENT AGREEMENT Agreement Partner Courses Partners Accepting this Agreement Agreement Date Your Obligations OC Student Policies and Procedures

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1 STUDENT AGREEMENT The following terms and conditions constitute the agreement between you (the undersigned) and Open Colleges Pty Ltd ACN (OC) for the provision of all courses (including each unit of study) you undertake with or through OC (Agreement). Partner Courses 1. In some cases, OC delivers courses in conjunction with other registered training organisations (Partners). Details of the Partners are available on the relevant course page on the OC website. Where a Partner assists to provide your course it may award your qualification. If you are enrolled in a course that involves a Partner you will still be bound by this Agreement. Accepting this Agreement 2. You have accepted this Agreement by: a. signing the enrolment form; or b. clicking Accept on the webpage; or c. clicking Accept in the EduPay online enrolment system. 3. In the case of 2.b and 2.c above, by clicking Accept you agree that OC can capture your IP address to verify your consent to this Agreement. 4. The date you sign the enrolment form or click Accept is the agreement date (Agreement Date). 5. OC enters into this Agreement with you when it confirms your enrolment. A copy of this Agreement is provided to you when OC confirm your enrolment. Your Obligations 6. By accepting this Agreement you: a. agree to comply with OC's student policies and procedures as published on the OC website (see and as amended by OC from time to time (OC Student Policies and Procedures); b. confirm that you fulfil all entry requirements and have the required equipment, as specified on the OC website, for each unit of study for each course in which you enrol; c. represent and warrant that all information you provided to OC at the time of enrolment was accurate and complete and not misleading and that you included all information that may impact on your ability to complete any unit of study you enrol in (such as a disability); d. agree to pay all fees associated with each unit of study plus GST if applicable (Unit of Study Fee); and e. agree to pay the Schedule of Administrative Fees as published on the OC website (see 7. You acknowledge that:

2 a. you must have access to a computer, computer equipment, computer software and internet (which meet OC's specifications from time to time) while you are completing each unit of study; b. some units of study require that you, at your own expense, provide additional equipment or materials or undertake additional studies or certifications (these requirements are set out on the OC website); and c. additional or supplementary learning materials for units of study may only be available through the online learning system (the online learning system is known as OpenSpace). 8. If you choose to defer your payment of the Unit of Study Fee through VET Fee-Help, you must have completed your Commonwealth Assistance Form (CAF) and have been issued a Commonwealth Higher Education Student Support Number (CHESSN) on or prior to the census date for the relevant unit of study. 9. The Unit of Study Fee does not include: a. postage of any assessments or other materials by you to OC; b. any materials that are listed as Computer Requirements or Additional Requirements for your particular unit of study on the OC website; or c. travel, accommodation or other personal costs (such as uniforms) associated with undertaking a work placement or workplace assessments. 10. You must inform OC in writing within seven (7) days of any corrections or changes to your personal details including name, residential or postal address, address, phone numbers, payment options and banking details. 11. You must retain a copy of all assessments submitted to OC for the duration of your course. Assessments submitted by mail to OC will not be returned to you. 12. You must maintain a current address for the duration of your course. 13. OC will communicate with you via and through OpenSpace. Open Colleges Obligations 14. While you are complying with this Agreement, OC will: a. supply to you materials for the first unit of study for your course; b. supply to you materials for the subsequent units of study for your course after OC have determined, in its sole discretion, that you have successfully completed the prior units of study for your course; c. provide you with access to OpenSpace from your computer where that computer uses computer equipment, computer software and internet (which meet OC's specifications from time to time); d. provide you with access to learning and administrative support; e. grade your assessments, or procure that a relevant Partner grade your assessments; and f. provide feedback and grades for your assessments through OpenSpace;

3 until the completion of each unit of study in your course or on the earlier termination or end of this Agreement. 15. Either OC or the Partner (whoever is most appropriate) will issue to you a result for each unit of study once you have successfully completed all assessments and paid all fees associated with that unit of study. 16. Either OC or the Partner (whoever is most appropriate) will issue to you an appropriate certification for your course once you have successfully completed all units of study and paid all fees associated with your course. Workplace Assessment Obligations 17. If your unit of study contains work placements, workplace assessments or other structured workplace learning (Structured Workplace Learning): a. you must find a suitable workplace or workplaces to undertake the Structured Workplace Learning components of your unit of study; b. OC will assess and determine, in its sole discretion, whether the workplace you identify is suitable for the particular Structured Workplace Learning (depending on the nature of the workplace and the assessment requirements); c. you may be required to travel to an appropriate workplace (at your own cost) if you are unable to locate an appropriate workplace within your local area; and d. OC may undertake workplace assessments in a range of ways, which may include: completion of a logbook; telephone interviews with you and your supervisor; and completion of a workplace assessment portfolio. 18. OC may undertake workplace assessments at approved workplaces. If you cannot attend the workplace on the assessment date you must notify OC in writing fourteen (14) days before the assessment date. Failure to attend the assessment or cancellation of the assessment less than 14 days from the assessment date may result in an Administrative Fee being incurred, which you must pay. 19. To complete the relevant unit of study (and your course), you must complete all mandatory workplace assessments which are part of some units of study. Paying Your Unit of Study Fees 20. Subject to this agreement, you must pay the Unit of Study Fees and Administrative Fees associated with the units of study in your course (Fees). 21. The Fees for each unit of study can be funded in three ways, namely: a. upfront, on or prior to the census date, via a credit or direct deposit; or b. on a deferred basis, through VET Fee-Help; or c. partially upfront, on or prior to the census date, and partially deferred through VET Fee-Help 22. If you fail to pay the Fees in accordance with clause 20 then OC may: a. withhold the provision of materials for units of study; and/or b. restrict access to OpenSpace; and/or

4 c. withhold the grading of assessments; and/or d. cease or suspend any other obligation OC or a Partner has under this Agreement; and/or e. withdraw you from the unit of study or course. 23. You must complete the units of study within the timeframe specified by OC, before the expiry date outlined in OC's confirmation of your enrolment (Unit of Study Duration). 24. If you require more time to complete the unit of study, you can apply to extend the Unit of Study Duration by requesting an extension from OC before the expiry date and properly completing and lodging any paperwork OC require to support your application. 25. OC will extend the Unit of Study Duration by up to two (2) months if: a. you satisfy clause 24; and b. there are no material changes to the training package for your unit of study and/or course; and c. the unit of study and/or course is not in a teach-out period. 26. If OC approve your extension, the Unit of Study Duration for your unit of study is adjusted accordingly. 27. If you do not complete the unit of study within the Unit of Study Duration (as extended by clauses 24 to 26), your enrolment will expire and you will not be entitled to any refund or partial refund of Fees. Deferring Studies 28. If you encounter difficulties or changed circumstances that are likely to impact on your ability to study you may wish to defer your study. You may apply to defer your study for up to 6 months. 29. To apply to defer your study, you must: a. have paid all Fees that are due at the time; b. submit a completed, written form to OC before the census date for unit of study you wish to defer; and c. advise OC of the date you expect to return to study. 30. If OC approve your application to defer your study, then OC may, without limitation: a. extend the duration of your Unit of Study and/or course; b. provide to you additional academic and learning support services. Changes During Your Studies 31. OC is a registered training organisation, as such it must comply with regulations. You acknowledge that OC may be required to make changes to courses (including units of study, learning materials and assessments) and the OC Student Policies and Procedures from time to time. 32. In addition to changes required under clause 31, OC may change the courses (including units of study, learning materials and assessments) and the OC Student Policies and Procedures from time to time.

5 33. If a material change is made pursuant to clauses 31 or 32, then OC will: a. give you 14 days notice (by ) before the change applies; and b. work with you to address any potential disadvantage you are concerned may arise from the change, by, for example: i. extending the Unit of Study Duration; ii. iii. giving you additional learning support services; giving you the option to complete your unit of study or course (subject to availability and compliance with relevant regulations). 34. OC may change the Fees in February each year. The change may include an increase to the Fees by up to 5% in a calendar year. OC will give you 14 days notice by of the change. Withdrawal from a VET unit of study / VET course of study 35. If you wish to withdraw from a VET unit of study or VET course you must do so by completing a withdrawal form specified by OC from time to time and by ing the completed form to Your withdrawal will be taken to be received on the day OC receives a completed withdrawal form from you. Refunds for VET FEE-HELP enabled courses 36. If you withdraw from a VET unit of study on or before the census date for that VET unit of study: a. 100% of tuition fees paid for that VET unit of study will be refunded; and/or b. you will not incur a VET FEE-HELP debt. 37. Subject to the Australian Consumer Law, if you withdraw from a VET unit of study after the census date for that VET unit of study: a. there is no refund; and/or b. you will incur a VET FEE-HELP debt. Special Circumstances 38. OC will consider special circumstances if you formally withdraw from a unit of study after the census date and apply to have your VET FEE-HELP balance re-credited and the VET FEE-HELP debt removed. You must submit your application within 12 months of your formal withdrawal from the unit of study. Guarantees under the Australian Consumer Law 39. Our services come with guarantees that cannot be excluded under the Australian Consumer Law. These guarantees are that the services: a. will be provided with acceptable care and skill or technical knowledge and taking all necessary steps to avoid loss and damage; b. be fit for the purpose or give the results that OC and the student agreed to; and c. be delivered within a reasonable time frame when there is no agreed end date.

6 40. You are entitled to receive the services again or a refund for a major failure in the service and you may also be entitled to compensation for any other reasonably foreseeable loss or damage. You are entitled to receive the services again if the service fails to be of acceptable quality and the failure does not amount to a major failure. 41. Where permissible Open Colleges' liability in relation to a failure to meet a consumer guarantee under the ACL is limited to: a. supplying the services again; or b. the payment of the cost of having the services supplied again. Special Consideration 42. To establish whether special circumstances apply, you must satisfy OC that the circumstances: a. were beyond your control; and b. did not fully impact you until on or after the census date; and c. made it impracticable for you to complete the unit(s) of study requirements. OC may require that you provide to it proof of the special circumstances (including by providing relevant documentary evidence) within 7 days of a request for proof. 43. Special circumstances do not include: a. a lack of knowledge or understanding of requirements for VET FEE-HELP assistance; or b. an incapacity to repay a VET FEE-HELP debt. 44. For more information on this process refer to the CSP and HELP Handbook at Other Terms 45. If your unit of study or course prepares you to undertake external examinations you are responsible for establishing your own eligibility and making arrangements to attend and pay for any fees and charges with respect to the external examination. OC make no representations regarding external examinations. 46. You may keep the material OC provides to you. The content of the material is copyright and all intellectual property rights in the material remains the sole property of OC or it's nominated third party. You may not reproduce any part of the materials or assessments without OC's prior written consent. 47. If you are under 18 years of age, your parent or guardian must sign this Agreement and complete the parent or guardian declaration form. Under this Agreement, the parent or guardian is responsible for payment of the Fees. 48. This Agreement is governed by and must be construed in accordance with the laws in force in New South Wales. The parties submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to this Agreement, its performance or subject matter.

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