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These terms and conditions form the basis of an agreement (“the/this Agreement”) between The Consultant ABN 32 448 710 528 (“The Consultant/We/Us”) and the client organisation (“the Client/you”). These terms and conditions are deemed to be accepted by the client by virtue of them engaging The Consultant’s services (“the Services/Services”).
Roles and Responsibilities
The Consultant shall:
The Client shall:
Payment terms will be clearly laid out in advance in our proposal. In the main these terms will be either ‘up-front payment’ or ‘7 day payment’. Information products purchased from our website(s) are paid COD.
At our discretion interest on overdue payments shall be charged to the Client at the rate of 2% per month accruing monthly.
The Consultant accepts the following methods of payment;
The Consultant will charge at cost or at industry standard for outlays incurred in providing the services including payments to third parties on your behalf. These may include but are not limited to;
If travel is required as part of the assignment it is preferred that the client make the arrangements for flights and accommodation.
In-house workshops and conferences. Once booked these cannot be cancelled though they may be transferred to a later day by mutual agreement.
Public workshops and webinars. Cancellation 14 days prior will result in a full refund. Cancellation 7 days prior will result in a 50% refund. Cancellations within 3 days will not receive any refund.
Consulting services can be cancelled with one month’s notice in writing. Unless otherwise stated, refunds do not apply to consulting services.
Information products and educational materials our backed by our guarantee and usually are refundable. The marketing materials for each product (or package) will clearly explain individual refund arrangements.
The parties agree that this Agreement creates an independent contractor relationship, not an employment relationship. The Consultant acknowledges and agrees that the client will not provide him with any employee benefits and that income tax withholding is Consultant’s responsibility. In addition, the parties acknowledge that neither party has, or shall be deemed to have, the authority to bind the other party.
The Consultant and the Client agree that during the course of their relationship and at all times thereafter, The Consultant and the Client shall hold in the strictest confidence, and shall not use for either parties’ personal benefit, or disclose, duplicate or communicate to or use for the direct and indirect benefit of any other person, firm, corporation or entity, any Confidential Information without the prior written consent of the other party.
The methodologies, systems and information used by used in the project remain the intellectual property and copyright of each respective business. Each party shall recognise and respect the intellectual property and copyright of each other’s’ businesses.
Training and consulting Clients will provide all reasonable access to resources such as staff, information, telecommunications, internet and other resources as required by The Consultant to perform the Services.
In the unlikely event that a dispute arises that can’t be solved by the parties themselves a qualified independent and mutually agreed third party mediator shall be engaged to help with resolution. The costs associated shall be shared equally between the parties.
The Consultant will make every effort to deliver the highest quality service. The Consultant makes no other warranties, whether written, oral, or implied. In no event shall The Consultant be liable for special or consequential damages, including but not limited to, loss of profits, revenue, data, personnel or clients.
The Consultant will not accept liability for any actions or behaviour of The Client resulting in any loss, damage or expense however incurred. Nor does The Consultant accept any liability resulting from any negligence, dishonesty, misconduct, lack or skill or lack of information on the part of the client, their staff or contractors.
Force Majeure includes, without limitation: Acts of God, Industrial Action, war or civil disturbance, Government action or in-action, late or inadequate supply of goods or services by third persons, or other event beyond reasonable control of the parties to the Agreement.
If either party to this Agreement is unable to comply with its obligations as a result of Force Majeure then those obligations are suspended while the Force Majeure is in effect.
Each party shall use its best endeavours to overcome such Force Majeure without being bound to settle any event on unfavourable terms.
This Agreement may be terminated by either party at any time with 30 days notice in writing. It is acknowledged that work undertaken at time of termination will be paid for by the client. It is agreed that the following conditions are grounds for termination:
The following order of priority shall be used in resolving ambiguities in the contract documents:
Failure or neglect by The Consultant to enforce at any time the provisions hereof shall not be construed nor shall be deemed to be a waiver of The Consultant’s rights hereunder nor in any way affect the validity of the whole or any part of this Agreement nor prejudices The Consultant’s rights to take subsequent action.
The Agreement shall be governed by the laws of the State of Queensland and the parties shall submit to the jurisdiction of the Courts of the State of Queensland.
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