HITO QbyE Terms & Conditions

If you are a Learner or an Employer, when you sign up to a training agreement with HITO, you agree to abide by the terms and conditions listed below. Any changes to the terms and
conditions will be advised to you in the email address you provide to HITO 30 days before the changes take effect.

Between (the Parties):

• The Learner (enrollee, apprentice, Trainee)
• The Employer
• Hair Industries Support Opportunities Trust (HISO)
  T/A HITO

1 Provisions
1.1 This Agreement outlines the responsibilities,
expectations, and conditions under which the Learner undertakes formal training and workplace learning.

1.1.1 The provisions of the HITO Training Requirements dated October 2025, and any amendments, are incorporated into this Agreement. These Requirements are available at: hito.org.nz/corporate-documents

1.1.2 The Agreement forms part of the employment arrangements between the Parties and should be read in conjunction with the employment agreement entered into between the Parties.

1.1.3 The Agreement allows the Learner to participate in a work-based training programme. The Programme allows the Learner to achieve unit standards, or components to a prescribed NZQA qualification.

2 Term and Duration
2.1.1 The Agreement will commence on the date an authorised signatory of HITO signs, and ends when the Learner gains their qualification, unless terminated earlier under Clause 9.

2.2.2 The employment agreement between Learner and Employer must cover at least the full term of this training agreement and provide the Learner a minimum of 20 hours of work per week.

3 Obligations of the Learner
3.1 The Learner agrees to learn the skills of the industry as set down in the Training Requirements, and shall be responsible for:

3.1.1 Providing all documents necessary for HITO to process the enrolment in the Training Programme(s), including proof of New Zealand citizenship/residency and other eligibility requirements required by TEC for the Learner to participate in formal industry training; and

3.1.2 Enrolling for assessments and attending if directed.

3.1.3 Completing the Training Programme(s) within the specified timeframes confirmed by HITO; and

3.1.4 Ensuring all assessments and units are completed within designated timeframes; and

3.1.5 Ensuring you have internet access to complete assignments and access training resources; and

3.1.6 Ensuring you meet any prerequisites for the training programme; and

3.1.7 Paying all required fees and Programme costs by their due date; and

3.1.8 Returning the original document to HITO as soon as possible to allow for enrolment.

3.1.9 Notifying HITO in writing within 20 business days of any matter arising which may affect or alter the terms of this Agreement.

3.1.10 Taking reasonable care of their own health and safety, and ensure that their actions do not affect anyone else’s safety during training or assessment.

3.2 Code of Conduct

3.2.1 Learners must uphold professional behaviour, respect, and integrity.

3.2.2 Misconduct may result in disciplinary action or termination of the Agreement and/or employment agreement.

3.2.3 HITO’s Learner Code of Conduct is available at: hito.org.nz

3.2.4 Learners must notify HITO and their Employer of any break or postponement in their training.

4 Obligations of the Employer

4.1 The Employer agrees to:

4.1.1 Ensure the Learner meets the necessary entry requirements to be a Learner under the Agreement; and

4.1.2 Provide a workplace that is both safe and healthy, in full compliance with the Health and Safety at Work Act (2015) and its associated regulations. This environment shall also be supportive, actively encouraging Learners to successfully complete their chosen training program and/or qualifications; and

4.1.3 Provide a full range of work tasks and services relevant to the qualification. If key equipment or services are not available on-site, the Employer will assist the Learner in finding an alternative location or sourcing the necessary resources; and

4.1.4 Understand how unit standards are achieved in work-based training. This involves both theory and practical components; and

4.1.5 Pay all required fees by the due date. Any costs related to the collection of overdue accounts will be added to the Employer’s account; and

4.1.6 Returning the original document to HITO as soon as possible to allow for enrolment; and

4.1.7 Notifying HITO immediately where

• 4.1.7.1 The Learner’s employment is interrupted (maternity, sickness etc), or
• 4.1.7.2 The Learner’s employment agreement ceases, or
• 4.1.7.3 The Employer’s business is sold

4.1.8 Cooperate with HITO audits and provide access to facilities and records, if and when necessary; and,

4.1.9 Complete a Training Capacity Evaluation prior to entering this agreement and should circumstances change advise HITO. HITO reserves the right to audit the workplace to ensure that the correct tools, equipment or services are available to enable the Learner to complete the qualification.

5 Obligations of HITO
5.1 HITO will:

5.1.1 Provide assistance and guidance to the Learner and the Employer in relation to the Training Programme(s) that lead to the award of the
Qualification(s); and

5.1.2 Provide the Learner and the Employer with training resources relevant to the Training Programme(s) that lead to the award of the Qualification(s).

5.1.3 Monitor Learners progress to ensure completion of all Programme components.

5.1.4 Ensure it holds current NZQA accreditation and consent to assess for the awarded Qualification.

5.1.5 Process any assessment results and send to NZQA and the Learner.

5.1.6 Ensure that any changes to accreditation status will be notified to Learners and Employers within 10 working days.

5.1.7 Upholds the Education (Pastoral Care of Tertiary and International Learners) Code of Practice 2021.

5.1.8 Deliver training that reflects Te Tiriti o Waitangi obligations and Te Hono o Te Kahurangi principles where applicable.

5.1.9 Coordinate training and assessment activities and co-operate with its Providers, Assessors, Employers and Learners, so all can meet their
responsibilities.

5.1.10 Regularly monitor its contractor’s performance to ensure all providers and assessors fulfil their responsibilities under the Health and Safety at Work Act.

6 Fees

6.1 All fees are non-refundable and inclusive of GST.

6.2 Learners Programme fees cover all regular Programme fees, which includes training resources, materials, assessments, HITO support and administration.

6.3 HITO invoices are provided annually and cover a 12-month period, starting from the Learner’s start or anniversary date of their Programme.

6.4 Fees are capped at the recommended Programme timeframe.

6.5 Additional fees may apply as and when they are incurred. A list of additional fees includes but not limited to, more than two Employer transfers, extra assessments due to fault of the Learner, and assessment appeals.

6.6 Failure to pay Programme fees may result in debt collection and delay the completion of the Qualification.

6.7 HITO complies with NZQA’s Student Fee Protection Rules. In the event of programme closure or insolvency, prepaid fees will be protected through an approved mechanism (trust account).

7 Withdrawal

7.1 A Learner may withdraw from the programme at any time by submitting a request in writing to either their Sales and Training Advisor or HITO Support.

7.2 Withdrawal up to the end of the 8th working day after the date this Agreement was signed HITO will deduct 10% of any fees paid, up to a maximum of $500.00, to cover enrolment and administration costs.

7.3 No refund will be provided for withdrawals after the 8th working day from the programme start date, unless exceptional circumstances apply.

8 Intellectual Property

8.1 All training materials provided by HITO, whether in physical or digital form, remain the sole intellectual property of HITO. These materials are supplied exclusively for the purpose of delivering, supporting, or participating in training under HITO approved programmes.

8.2 Any breach of this clause may result in disciplinary action, withdrawal of access, or legal recourse as deemed appropriate by HITO.

9 Termination

9.1 The Agreement may be terminated in accordance with the provisions of the employment agreement between the Parties. Termination of the employment agreement will automatically result in termination of this Agreement.

9.2 HITO reserves the right to terminate this Agreement by providing four (4) weeks’ written notice to the Learner and Employer if any of the following
conditions apply:

• 9.2.1 Programme fees remain unpaid beyond the due date.
• 9.2.2 Where HITO does not receive sufficient funding to support continued training of the Learner.
• 9.2.3 HITO has determined that the Learner has failed to abide by the Learner Code of Conduct.
• 9.2.4 The Learner’s progress is deemed insufficient to complete the programme within the scheduled timeframe.
• 9.2.5 Where the Employer no longer meets Training Capacity requirements.

9.3 The Employer or Learner may terminate this agreement by giving written notice at any time. On receiving written notice of termination, HITO will complete the Termination form, and the agreement will terminate on the date an authorised signatory of HITO signs the same.

9.4 Termination under this clause does not affect any accrued responsibilities or debts incurred prior to the termination date.

10 Disputes

10.1 Any dispute between the Parties relating to the question of whether a Learner has satisfactorily demonstrated competence in the skills required in the training programme or satisfactorily met the requirements for the completion of a level of training, shall be determined by HITO, which may appoint an independent assessor for the purposes of assessing
a Learner’s competence.

10.2 All other disputes arising under this Agreement – including those related to training delivery, obligations, or conduct – shall be referred to HITO for resolution. Such disputes will be managed in accordance with HITO’s Complaints Policy, which outlines the process for investigation, mediation, and escalation where necessary.

11 Privacy and Information Use

11.1 The Parties declare that the particulars given in the Agreement are correct and authorise HITO to collect information from, and/or exchange information with the Tertiary Education Organisation (TEC), HISO or other relevant Government Agency (e.g. New Zealand Qualifications Authority (NZQA).

11.2 Learners authorise HITO to share information, where applicable, with the Employer, HITO Subcontractor(s) and any Private Organisations, you enrol/visit/communicate with during this Agreement. The information shared may include, but is not limited to, our Record of Achievement, and Literacy and Numeracy Assessment reports. Please refer to the Privacy Act 2020 for further guidance in this area.

For more information about HITO Privacy Policy, go to hito.org.nz/privacy-policy

12 Legal Advice

12.1 HITO recommends that Learners seek independent advice before entering into any training or employment agreement. Trainees under 18 will need a guardian to sign before entering into this agreement. Any agreement missing guardian signature will be void.

13 Miscellaneous

13.1 The Learner and Employer understand that the Agreement is subject to approval and registration by HITO.

13.2 The Parties agree that they may not assign or sub-contract their obligations under the Agreement except with the prior written consent of HITO.

13.3 By enrolling in a HITO Programme the Learner and Employer will be subscribed to the HITO Newsletter. Learners and Employers can unsubscribe from this at any time by contacting HITO Support.

13.4 The Agreement may only be varied by agreement in writing between all parties.

13.5 The Agreement replaces all previous written or oral agreements or understandings between the Parties about the subject matter of the Agreement, excluding the employment agreement between the Parties.

13.6 The Agreement will be construed in accordance with and governed by the laws of New Zealand. The Parties agree to submit to the exclusive jurisdiction of the courts of New Zealand.

13.7 HITO has a transparent appeals process. If a Learner wishes to appeal an assessment decision this can be done by following the Appeals Policy outlined online, or available from a Sales and Training Advisor.

13.8 HITO will not be liable for any loss arising from the actions or inactions of the Learner which may result in, or cause, any third-party property damage or third party bodily injury.