Our Terms and Conditions

The following terms and conditions apply to all services, including athlete profile development and the necessary services during the recruitment process, (the Services) provided by AC College Recruitment to the Client, in conjunction with any relevant quotation provided to the Client by AC College Recruitment (Terms). Acceptance of a quote, purchase and/or use of the Services shall be considered acceptance of the Terms.

1. Charges

Charges for the Services are defined in “The Services and Packages” page on AC College Recruitment or through the quotation that the client receives from AC College Recruitment via email or zoom. Quotations are valid for a period of 30 days. AC College Recruitment reserves the right to alter a quotation or decline to provide the relevant Services after expiry of the 30 days.

Unless agreed otherwise with the Client, all services require an advance payment of a minimum of $1,500 before the work commences. Ongoing payments will be discussed with the Client to come to arrangement that is suitable for both AC College Recruitment and the Client.

All Charges are inclusive of tax and are in AUD.

2. Invoicing and Payment

AC College Recruitment shall submit invoices in line with the timescales above, unless otherwise stated in writing. Invoices are normally sent via email, but hard copy invoices are available on request. Payment is due on receipt of the invoice by the Client.

Payment for services are due by Bank Deposit or PayPal. Details will be made available on invoices.

If the Client fails to make any payment due to AC College Recruitment by the due date for payment, then, without limiting AC College Recruitment’s remedies under or in connection with these terms and conditions, the Client shall pay interest on the overdue amount at the rate of 0.35% per annum above the National Australia Bank base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Client shall pay the interest together with the overdue amount.

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on AC College Recruitment’s web space, AC College Recruitment will, at its discretion, remove all such material from its web space. AC College Recruitment is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Clients with accounts in default agree to pay AC College Recruitment reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by AC College Recruitment in enforcing these Terms.

Refunds: Refunds are only available where AC College Recruitment has received all the necessary information from the Client and hasn’t been able to offer a scholarship to a Client. If the Client does not provide the necessary information set out in the Services and/or over email within the timeframe set out, then all monies paid will be retained by AC College Recruitment and if applicable, all owing money shall be paid by the Client. Refunds are not available for change of mind, once a scholarship has been offered, Client’s not meeting the necessary SAT requirements (or other requirements) to get into a college and/or loss of scholarship due to poor grades, performance or breaching a contract in the USA.

3. Client Review

AC College Recruitment will provide the Client with an opportunity to review the appearance and content of their online profile during all stages of the process. At the completion of the recruitment stage, such materials will be deemed to be accepted and approved unless the Client notifies AC College Recruitment otherwise.

4. Turnaround Time and Content Control

AC College Recruitment will install and publicly post the Client’s online profile within the first week of the initial payment, subject to the Client providing the relevant details to AC College Recruitment.

In return, the Client agrees to provide AC College Recruitment promptly with all necessary co-operation, information, materials and data, and timely decision-making which may be reasonably required by AC College Recruitment for the performance of the Services. This shall include arranging a suitable highlight video, obtaining the necessary information for the client’s online profile, scheduling the SAT exam, all other necessary appointments such as Visa appointments, passport appointments, or meetings with college coaches’ and any other services that are listed under “Our Services” on accollegerecriutment.com.

Failure to provide this information to AC College Recruitment within the timeline set will result in the Refund term becoming void. As such, AC College Recruitment will not be liable to pay the refund, as stated above, as the necessary information to do so wasn’t completed by the Client.

5. Failure to Provide Required Necessary Information

To remain efficient and to be able to secure the Client a scholarship, we must ensure that the Services applied to the Client are carried out within particular timeframes.

This is why we ask that the Client provides all the required information promptly. On any occasion where progress cannot be made with the Client’s process because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to void the Refund policy.

If the Client agrees to provide us with the required information and subsequently fail to do within four weeks of their process commencement, we reserve the right to terminate the agreement and the balance remaining becomes payable immediately. Simply put, do not give us the go ahead to start until you are ready to do so.

6. Termination

Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. Email or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced the remainder of their balance which becomes payable immediately.

Termination by AC College Recruitment is possible if the Client does not uphold their responsibilities and/or misrepresents AC College Recruitment.

Responsibilities include all tasks listed under “Services” on accollegerecruitment.com and/or any tasks AC College Recruitment asks the Client to complete, as well as responding promptly to emails by AC College Recruitment. If AC College Recruitment does not hear from a Client for four weeks, we reserve the right to Terminate the Agreement.

Misrepresentation includes vulgar language to AC College Recruitment and/or Coaches, any type of lie or false statement that is provided to AC College Recruitment and/or Coaches and ignoring emails and/or messages sent to you by College Coaches.

7. Confidentiality

Any confidential information provided by the Client to AC College Recruitment and vice versa during the term of the Agreement must be kept confidential unless the disclosure is required pursuant to process of law.

Disclosing or using this information for any purpose beyond the scope of the Agreement, or beyond the expectations set forth above, is expressly forbidden without the prior consent of the Client and AC College Recruitment.

The Client’s obligation to maintain confidentiality will survive termination of this services and will remain in effect indefinitely.

8. Standard Media Delivery

Unless otherwise specified in the quotation, this Agreement assumes that any text, videos and/or photos will be provided by the Client in electronic format (Word or Google Docs delivered via USB drive, e-mail or Social Media).

9. Third Party Servers

AC College Recruitment designs and tests online website pages to work on its own servers and cannot guarantee correct functionality if the Client wishes to use a third-party server. In the event that the Client is using a third-party server, it is the responsibility of the Client and any third-party host to ensure that the server is compatible with the website.

If the Client’s website is to be installed on a third-party server, AC College Recruitment must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP.

10. General

These Terms constitute the entire agreement between the parties and supersedes all previous representations, promises, assurances, warranties, understandings and agreements between them, whether written or oral, relating to their subject matter.

A failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy.

No variation of these Terms shall be effective unless it is in writing and signed by the parties (or their authorized representatives).

A notice given to a party under or in connection with these Terms shall be in writing and in English, by email or next working day delivery service. Notices to the Client shall be sent to the email address or address last notified to AC College Recruitment. Notices to AC College Recruitment shall be sent to the email address or address set out at www.accollegerecruitment.com.

11. Liability

Nothing in these Terms shall operate to exclude or limit either party’s liability for: (a) death or personal injury caused by its negligence; (b) fraud; or (c) any other liability which cannot be excluded or limited under applicable law.

The entire liability of AC College Recruitment to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

12. Severability

In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired, and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the original provision.

13. Governing Law and Jurisdiction

These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the law of Australia.

Each party irrevocably agrees that the courts of Australia shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation.