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(‘Agreement’)
This Agreement is made between:
Any individual or business ("Client”) who purchases either: Money Coaching Services; OR Public Speaking or Workshop facilitation Services; OR Financial Transformation Services; OR Money Couples Coaching Services.
And: Keley FT t/a Women Talking Finance ABN 32 496 563 438 (“Coach”)
PURPOSE OF THIS AGREEMENT
The purpose of this document is to formalise agreement for the Services to be provided on the terms set out in this Agreement (‘the Terms’). The Client will be providing certain confidential information which is proprietary to the owner to enable the Coach to provide the Services, which the Coach agrees to keep confidential. The Client agrees to make payment for the Services in accordance with the Terms. The terms of this Agreement outline and govern the parties arrangement for these Services as follows:
2. DEFINITIONS:2.1 “Confidential Information” means any written or oral information that is provided by or disclosed directly or indirectly through any means that is not already in the public domain, and may include information about business structures, methods, procedures, financial and personal information.
2.2 “Materials” means newsletters, reports, advertising, audio, promotional, literature, written documents, questionnaires, videos, specifications or other material which may be required to assist and enable the Services to be performed.
2.3 “Proposal” means the most recent document titled Proposal or Client Agreement which includes a detailed description of the Client Services and may include variations to this Proposal from time to times
2.4 “Services” means the financial coaching services as outlined in item 1 of the Schedule, which mayinclude resources, discussions, education and tools to help you learn to manage your own finances, budget, information and strategies on how to achieve yourfinancial goals and other services as listed in Item 1 of the Schedule and asmay be requested from time to time.
SERVICES:
3.1 The Client appoints the Coach for the Services as specified in the Schedule to this Agreement.
The Client accepts the Services and is bound by these Terms when the Client instructs the Coach to proceed, by making a payment, or by confirming acceptance via email or other written means.
3.2 The Coach agrees to provide the Services described in Item 1 of the Schedule in accordance with the Terms. The Coach agrees to provide the Servicesin a professional manner and in accordance with generally accepted industry practice and standards and will ensure any contractors or consultants or representatives that the Coach may employ from time to time will have the relevant qualifications and are under the same standards requirements.
3.3 Any specific terms and requirements relating to the Services required by the Client will be agreed in writing and notified to the Coach i advance.
3.4 The Coach is not a licensed financial adviser, is not providing any financial, legal, investing or other advice. The Coach is merely providing life coaching services and educating the Client on how to manage, financial behavioural strategies or budget techniques, understand finances, offer information on options to consider but is at no time providing financial advice.
3.5 Services may be provided face-to-face or via web-based means (such as Zoom or similar) or as otherwise agreed in the Schedule. The Client is responsible for ensuring they have the appropriate facilities available as agreed in the Schedule.
3.6 If a Client is unable to attend or wishes to reschedule their appointment, a minimum of twenty four (24) hour notice is required to permit the Coach to offer this session time to another Client. Any sessions that are not notified to the Coach for cancellation or rescheduling prior to this twenty four (24) hour requirement may be forfeited and may not be rescheduled.
3.7 In the event the Coach is required to cancel any session or appointment, the Coach will either reschedule at a time convenient to the Client, the session will be transferred to another date or another qualified representative may provide the Services.
4.0 WARRANTIES AND PROVISION OF SERVICES
4.1 Legislation may confer certain rights, warranties and guarantees and remedies relating to the provision of the Services which cannot be excluded, restricted or modified, including but not limited to the Australian Consumer Law (‘ACL’). At no time are these statutory rights sought to be excluded.
4.2 The Coach represents and warrants:4.2.1 in providing the Services, they will comply with all law and industry standards;4.2.2 the work performed to provide the Services will be done to a high standard in accordance with best practice; and4.2.3 the scope of the Services will be limited to the description provided in this Agreement, the Proposal and as agreed in writing from time to time. Similar or equivalent Services may be substituted from time to time if, in the sole opinion of the Coach, it would benefit the Client or be required to meet the terms of this Agreement.
4.3 The Client represents and warrants:4.3.1 they will provide all relevant information required for the Coach to carry out the Services in a timely manner; 4.3.2 they are 18 years of age or older;4.3.3 they will at all times be respectful, considerate and will at all times keep the information of others who may be attending group sessions, confidential. The Coach reserves the right to remove and ban the Client from attending, for any reason, if they believe the Client is negatively impacting the group, progress or otherwise is not acting in the spirit of the group objectives (for Money Coaching Circles).
4.4 The Client acknowledges and agrees that:4.4.1 they will provide all relevant information required for the Coach to carry out the Services in a timely manner; 4.4.2 the Coach is reliant on the information provided by the Client in provision of the Services including but not limited to any financial figures,reports, analysis and other information (together ‘the Information’). The Coach cannot be held responsible for any errors in the Information provided by theClient;4.4.3 they undertake the Services at their own risk and any are not a substitute for any professional financial, legal,medical, psychological or other professional advice and is not intended to take the place of individual advice from a fully qualified professional practitioner; 4.4.4 results vary from individual to individual and the Coach does not guarantee any particular result including but not limited to any increase in wellbeing, income, profit, productivity or success. Results vary and are dependent on both internal and external factors which may be out of the Coach’s control. All r recommendations by the Coach are based on experience and are dependent on the information provided by the Client and results may be driven by the Client’s own situation and participation; and 4.4.5 results of Services vary from individual to individual. For this reason, performance, progress and success of any particular Services is reliant on the Client and individual to meet their own requirements. The Client acknowledges that participation is encouraged and necessary for any progress. The Coach cannot and does not guarantee any particular or any results and the Client is solely responsible for their progress. If any time during the Services the Client feels their progress is not as expected, it is the responsibility of the Client to advise the Coach immediately of any concerns in order to give the Coach an opportunity to address and assist. The Coach will use reasonable efforts to resolve the concerns, however at no time does the Coach guarantee or warrant any increase or altered progress or performance.
5.0 DISPUTES
5.1 If at any time any aspect of the Services are not reasonably acceptable to the Client, or both parties disagree on the quality, substance, or the parties disagree for any reason on the Services, the Client will immediately notify the Coach of any such reason, the specifics and will give a reasonable opportunity for the Coach to respond and address any concerns.
5.2 If a dispute arises, both parties agree that confidentiality is paramount to the reputation of both the Client and the Coach. At no time will any communications or discussions be made public, including but not limited to any social media websites of either party. Any public discussion or comments about either party are considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.
5.3 In the event of any dispute on the work, quality or ownership that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each of us agrees to pay our own costs.
6.0 RELATIONSHIP
6.1 The relationship under this Agreement is that of principal and independent contractor. This Agreement does not make either party a joint venture, partner, employee or agent of the other. No act or omission of either party is to bind the other party except as expressly set out in thisAgreement.
6.2 The Client is not responsible for withholding or remitting any payment for an impost such as tax or superannuation in respect of the Coach or any of the Coach’s employees, independent contractors, sub-contractors, agents or consultants.
7.0 TERM AND OWNERSHIP OF INTELLECTUAL
Term: This Agreement is for the period agreed in writing. All Services must be provided
between the commencement start date (‘Effective Date’) and the final date as notified and agreed.
7.2 Confidentiality is Paramount: The confidentiality provisions survive the termination of this Agreement remain until the Confidential Information becomes part of the public domain.
7.3 Ownership of Intellectual Property and Confidential Information: Materials and work may be provided to the Coach from time to time during and to enable the provision of the Services. Materials, worksheets and resources may be provided to the Client from time to time during and to enable the provision of the Services. All materials and work are provided without warranties of any kind,both express and implied. Any materials, analyses, processes, discussions and other intellectual property, both tangible and intangible, which may be provided or may be developed as a result of or during the Services is and will remain the property of the Coach at all times. No materials may be reproducedor used for any purpose other than the personal private use of the Client. At no time may it be reproduced and provided to third parties without the express written permission of the Coach.
8.0 INFORMATION PROVIDED TO PERFORM THE SERVICES8.1 Confidentiality:
8.1.1 The Coach agrees that they will:
1. keep confidential and secure;
2. not use directly or indirectly; and
3. not disclose directly or indirectly,
8.1.2 this Agreement and all personal information relating to, arising under or acquired under or as a consequence of this Agreement and the Services, except:1. as required by law or any regulatory authority; or2. with the Client’s express written consent.
8.1.3 The Coach will not at any time disclose or allow access by any person or third party to any of the Confidential Information unless permission is received verbally or in writing from the Client, the Coach will ensure they are under the same duty of confidentiality as the Coach is under this Agreement.
9.0 PAYMENT, REFUNDS, PRIVACY AND DELIVERY
9.1 In consideration of the Services provided by the Coach to the Client under this Agreement, the Client agrees to pay the Coach fees in accordance with the invoice issued to the Client by the Coach.
9.2 Any late, overdue or unpaid invoice amounts will incur interest at a rate determined in accordance with the Penalty Interest Rates Act 1983.
9.3 In the event that the Client fails to pay in advance for the Services in accordance with the Terms or does not perform its obligations under this Agreement, the Coach may refuse to continue to provide the Services and may terminate this Agreement immediately without notice. The Coach may also commence proceedings to collect any outstanding debts owed.
9.4 Any non-refundable deposits are advised at the time of payment andare to secure the session with the Coach. As the Coach has blocked out time for the session to the exclusion of other potential clients, the deposit is non-refundable. Any other fees for Services that have not been performed may be refunded Pro-rata less an administrative fee, in the sole discretion of the Coach.
9.5 All payment and personal information will be kept in a secure manner in accordance with Australian privacy requirements. Please refer to the Coach’s Privacy Policy for details on how Client information will be kept secure.
9.6 Default: Failure to make a required payment when due under this Agreement shall constitute a material default under this Agreement.
10.0 TERMINATION AND CANCELLATION
10.1 For any breach of any of the obligations of this Agreement, the person who has committed the breach will immediately remedy or rectify the breach promptly.
10.2 In the event of any termination by the Client, payment for all Services becomes immediately due and payable, up to and including the work in progress by the Coach.
10.3 Confidentiality survives and continues in the event of any dispute or termination and, in any event, after the delivery of the Services.
11.0 LIMITATION OF LIABILITY AND INDEMNITY
11.1 The Coach and their representatives are in no way liable for any loss or damages whether direct, indirect or consequential which the Client may suffer in reliance directly or indirectly on all or any part of the Services. The Client shall indemnify and hold harmless the Coach from and against any and all actions, claims, liabilities, proceedings or demands which may be brought against them in respect of any loss or damage (including loss of income, revenue, or profits in addition to reasonable legal fees and expenses).
11.2 Certain legislation including the Australian Consumer Law (‘ACL’)and similar consumer protection laws and regulations may confer the Client with rights, warranties, guarantees and remedies relating to the provision of Services by the Coach to the Client which cannot be excluded, restricted or modified (Statutory Rights).
11.3 The liability of the Coach is governed solely by the ACL and the terms of this Agreement. Any other conditions and warranties which may be implied by custom, law or statute are expressly excluded except for the Client’s Statutory Rights. Except for your Statutory Rights, all material and work is provided to the Client without warranties of any kind, either expressor implied; and the Coach expressly disclaims all warranties of any kind including but not limited to warranties of merchantability and fitness for a particular purpose.
11.4 The Coach does guarantee that the Services supplied will be rendered with due care and skill, fit for the purpose advertised or that the Client has told the Coach they are acquiring the Services for, unless the Coach advises that this purpose is not achievable; and will be supplied within are are reasonable time. To the extent that the Coach is unable to exclude liability; their total liability for loss or damage suffered or incurred from the Services is limited to re-supply of the Services to the Client or, at the Coach’s option, refunding the amount the Client has paid for the Services to which the Client’s claim relates.
11.5 The Client acknowledges and agrees that they use the Services at their own risk. In engaging the Services, the Client agrees they are liable for and agrees to indemnify and hold the Coach harmless for and against any and all claims, liabilities, actions and expenses which may result either directly orindirectly from a breach of these Terms, use or misuse of the Services or in connection with any of the Services.
11.6 In any case, the Coach’s liability is limited at all times toamount of the last invoice or package fees paid by the Client.
11.7 Both parties agree that the Effective Date nominated in theSchedule is the date the Services began and that to the extent that any and all clauses in this Agreement may be lawfully deemed to apply retrospectively to the Services, both parties agree to apply them.
12.0 GOVERNING LAW
12.1 This Agreement is governed by the laws from time to time in force in the state of South Australia. Both parties agree to unconditionally submit to the exclusive jurisdiction of the Courts of South Australia for determining any dispute concerning this Agreement.
12.2 This agreement shall be effective when ‘Client’ makes a purchase of services through the website www.womentalkingfinance.com.au or via invoice payment.
Schedule 1: Financial Transformation Coaching Services - 6 sessions
Item 1: Services to be Provided
Personal Coaching services over 6 x 60 minutes sessions that will explore topics such as
Personal Money
Biography Origin of financial traits and patterns
Financial literacy and education
Personal management strategies
Money management Strategies
Item 2: Effective Date As agreed between the ‘Coach’ and ‘Client’
Item 3: Payment and Fee Schedule (rates excluding GST)
Personal Coaching 6 Sessions: $2,500+gst upfront or in either fortnightly or monthly instalments of $458.33 for a period of 6 fortnights or $916.66 over 3 months; Requests to cancel the coaching contract will receive a pro-rata refund for prepaid sessions less administration fee of $75.Schedule 2:
Adhoc Coaching - 2 Sessions
Item 1: Services to be Provided
Personal Coaching services over 2 x 60 minutes sessions covering topics such as
Money Mindset - patterns and behaviours, strategies to repair financial trauma
Cashflow & Cost of Living - learning how to manage and master your cash flow;
or suddenly single and need to understand what life costs in preparation for mediation/ legal proceedings.
Financial literacy
Learn the foundational concepts of investment and how to get started
Item 2: Effective Date As agreed between the ‘Coach’ and ‘Client’
Item 3: Payment and Fee Schedule (rates excluding GST)
Personal Coaching 2 Sessions: $700 paid in full or via 2 instalments of $350. Requests to cancel the coaching contract will receive a pro-rata refund for prepaid sessions less administration fee of $75;
Client cancellation’s with less than 24 hours notice may incur a $50 late cancellation fee.
Item 1: Services to be Provided
Personal Coaching services over 6 x 120 minutes sessions that will explore topics such as:
Personal Money Biographies (Money Story)
Origin of financial traits and patterns
Communication strategies for couples
Personal and family goals & values
Financial literacy and education Personal management strategies
Money management Strategies
Item 2: Effective Date As agreed between the ‘Coach’ and ‘Client’
Item 3: Payment and Fee Schedule (rates excluding GST).
Personal Coaching 6 Sessions: $3,500+gst upfront or in two instalments of $1,750 Requests to cancel the coaching contract will receive a pro-rata refund for prepaid sessions less an administration fee of $75.
Item 1: Services to be Provided
Item 2: Effective Date As agreed between the ‘Coach’ and ‘Client’
Item 3: Payment and Fee Schedule (rates excluding GST)
Keynote Speaker: Costs range from $600 - $2,000 depending on the duration and content required.
Travel costs will also be payable if interstate or further than 20 km distance from office located in Mile End, South Australia.
This Website is provided “as is,” with all faults, and Women Talking Finance makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.
In no event shall Women Talking Finance, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and Women Talking Finance, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
You hereby indemnify to the fullest extent Women Talking Finance from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
Women Talking Finance is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.
Women Talking Finance shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, .you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Women Talking Finance and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
These Terms will be governed by and construed in accordance with the laws of the State of South Australia and you submit to the non-exclusive jurisdiction of the state and federal courts located in South Australia for the resolution of any disputes.
