Any Applicant must read, and agree to be bound by, these Terms and Conditions. An Applicant confirms their acceptance of these Terms and Conditions by making the necessary declarations and duly executing the Application Form.
The CEC reserves the right to modify these Terms and Conditions at any time. An Accredited Person will be deemed to have accepted and agreed to any such modified terms and conditions upon that Accredited Person making an application for renewal of Accreditation subsequent to those modified Terms and Conditions having been published by the CEC on its website and/or provided to the Accredited Person as part of the renewal application materials.
Agreement to be bound
Each Applicant or Accredited Person agrees to at all times comply with these terms and conditions, including the CEC Accreditation Code of Conduct (Code of Conduct).
Code of Conduct
Each Accredited Person acknowledges and agrees that installing insulation under the Accreditation Scheme, they will be subject to, and must comply with, the Code of Conduct.
The Code of Conduct forms part of the Terms and Conditions and any failure of an Accredited Person to comply with the Code of Conduct is a breach of these Terms and Conditions.
The CEC reserves the right to modify the Code of Conduct at any time.
Use of information
By agreeing to these Terms and Conditions the Applicant agrees to allow information on the Applicant and the Applicants Regulated Works to be shared by government bodies and the CEC.
Grounds for CEC to take action in respect of accreditation status
The CEC has the right to take action in respect of an Accredited Person's accreditation status, or in respect of an Applicant's application for accreditation as the case may be, in any of the following circumstances:
where an Accredited Person or Applicant has failed to comply with these Terms and Conditions, including the obligations reflected in this section 4 of the Terms and Conditions
an Accredited Person has obtained accreditation as a result of fraud or misrepresentation
an Applicant or Accredited Person has failed to continue to meet or maintain compliance with all applicable accreditation criteria
where there has been a failure by an Applicant or Accredited Person to pay any applicable fees under clause 6 or fees specified on the Application form
就申请人或认可的人违反行为准则
where there has been a failure by an Applicant or Accredited Person to co-operate with the CEC on matters relating to or arising from Accreditation, including where there has been a failure by an Accredited Person to comply in a timely manner with reasonable requests made by the CEC of that person for the provision to the CEC of information or documentation in relation to any issue relating to or arising from the performance of Regulated Works or compliance with these Terms and Conditions
where the Accredited Person provides or offers to provide services which are Regulated Works but outside the scope of the accreditation held by the Accredited Person
where the Applicant or Accredited Person engages in conduct which is of a lesser standard or of a nature other than that which might reasonably be expected of an Accredited Person by members of the public or by the Accredited Person's peers
the Accredited Person is unable to provide the services for which the person is accredited to provide by reason of impairment, injury or other factor affecting the Accredited Person's physical or mental health (including alcohol or drug use)
申请人或认可的人被破产,或者是一个实体的官员,或者成为破产或被局部受到破产
the Applicant or Accredited Person refuses to allow examination by the CEC on reasonable notice of documents and records in the possession or control of the Applicant or Accredited Person and which are relevant to matters relating to or arising from Accreditation or the conduct of Regulated Works
any wrong or misleading representations made by the Accredited Person as to the scope of accreditation held by the Accredited Person
wrong or misleading statements or reporting of facts by an Applicant or Accredited Person
申请人或认可的人的任何行为或活动,或者可能合理地逮捕潜在的人,将CEC带到荒唐
在尚未解决的认可的人中有一个严重的自然的投诉
申请人或认可的人被判有罪by a court of having committed an offence punishable by a term of imprisonment of two years or more
where there has been any fraudulent behaviour by the Applicant or Accredited Person
where the Applicant or Accredited Person has failed to maintain with the CEC up-to-date contact information for that person (including a street address, mailing address, and where applicable, facsimile and e-mail contact details)
where the Applicant or Accredited Person has not responded to or made contact within a reasonable time after the CEC has made reasonable attempts to contact that person using the most current contact information provided by that person to the CEC, and
where an Applicant or Accredited Person has failed to immediately advise the CEC of any change in that person's circumstances which may impact on that person's ability or entitlement to obtain or maintain accreditation or undertake Regulated Works in accordance with the conditions of accreditation and these Terms and Conditions.
Rights of the CEC
CEC有权采取以下任何行动或任何组合,申请人或认可的人违反了这些条款和条件,包括行为守则:
降级认可的人的认证到临时
暂停认可的人的认证一段时间,而认可的人会解决任何故障或经历额外的培训,则可以由CEC指导
put an Accredited Person on probation for a period of one year or such other period of time as the CEC deems fit
cancel the accreditation of an Accredited Person with immediate effect, and, where the CEC deems fit, on the basis that the person may not ever re-apply for accreditation
refuse re-instatement of the accreditation of a person who was previously an Accredited Person
对认可的人的认证进行了变化,限制,状况或认可
take steps to investigate the conduct of, or work undertaken by, an Accredited Person, or
stop processing the application of an Applicant.
费用
CEC可以对任何申请或与认证有关的任何申请费,包括续签,升级或重新安排(费用)的任何申请。 The Applicant or Accredited Person agrees that their application for accreditation, including any application for renewal, upgrade, or re-instatement, is subject and conditional upon the timely payment of the Fees by that person.
In addition to their obligation to pay the Fees, the Applicant or Accredited Person agrees to bear all other costs, taxes and other charges incurred by the CEC or otherwise payable in connection with that person’s accreditation or any application in relation to that accreditation.
CEC保留更改或更改费用的权利。
Representation and Warranties
The Applicant or Accredited Person represents and warrants to the CEC on an ongoing basis that:
they will comply with all applicable laws, ordinances, regulations, standards and codes
all information submitted by them or on their behalf to the CEC under or in relation to the Accreditation Scheme is true, complete, accurate and not misleading
the Applicant or Accredited Person holds all necessary licences, authorisations and training to design or install renewable energy systems, and to undertake Regulated Works and any ancillary work, and
to the best of the Applicant or Accredited Person's knowledge, there is no legal, regulatory, contractual or other restriction upon the Applicant or Accredited Person performing the Applicant or Accredited Person's obligations under these Terms and Conditions.
Liability for damages or any other relief
CEC excludes all liability (in contract, tort including negligence, under statute, or otherwise arising)
For an action or other proceeding for damages or other relief for, or in relation to, an act or matter in good faith done or omitted to be done:
在表现或声称的任何功能的表现中,或
in the exercise or purported exercise of any power in connection with these Terms and Conditions of the Accreditation Scheme.
或者没有在这些条款和条件限制cludes liability that cannot, by law, be limited or excluded.
Indemnities
The Applicant or Accredited Person indemnifies and will keep indemnified the CEC, its employees, officers and agents against any and all loss, cost, damage, claim, liability or expense (including any professional costs on a client paying basis) whether in law, tort, contract or otherwise, which any of them may suffer or incur in connection with:
any transaction or arrangement of whatever nature (whether for value or not) between the Applicant or Accredited Person and the Claimant or any other person relating to or in connection with the Accreditation Scheme.
any negligent or unlawful act or omission or willful misconduct on the part of the Applicant or Accredited Person in connection with these Terms and Conditions
any breach by the Applicant or Accredited Person of these Terms and Conditions, or
any misleading or fraudulent information submitted by the Applicant or Accredited Person.
The right of the CEC to be indemnified under clause 7 is in addition to, and not exclusive of, any other right, power or remedy provided by law, but the CEC is not entitled to be compensated in excess of the amount of the relevant cost, liability, loss, damage or expense.
Incorrect information
Incorrect or incomplete information submitted by an Applicant may lead to the delay or rejection of an application and may cause the CEC to prevent the Applicant from applying for accreditation in future.