We’re Well Education and we’re excited to provide you with various counselling and coaching services to help. These terms and conditions outline our agreement for the coaching or counselling (“Services”) that Laura Collison t/as Well Education Services [ ABN 82865708629] (“Well Education” “us”/ “we”/” our”) will be providing.
Firstly, you agree to pay the Fees for the Services. We will invoice you weekly, and all invoices are due and payable within 7 days. If any payments are made late, interest will be accruing at the rate of 13% per annum calculated monthly. Any debt recovery fees will be billed to you.
Promises you make for us
It’s important that you provide us with all Information we need so that we can perform the Services. You promise that:
- all Information you provide is true, correct, current, and to the best of your knowledge;
- you have adequate technology set up including internet access to enable us to conduct any conferences online;
- for all home visits, you must provide a safe environment (e.g., free of known symptoms/signs of infectious disease, pets/animals put away, no known aggressive persons on site (DV); you will notify us of any delays;
- you will not divulge any Confidential Information you come across during the Services, including from the Materials to any third party; and
- you will attend your child’s appointments with your child, unless prior arrangements have been made.
Acknowledgements and agreements you make
It’s also important for you and your child to meet or call at the scheduled time, and participate fully during each Services session with accountability, honesty, integrity and respect for the process.
You are expected to provide transparent and accurate information during each Services session. You are also expected to:
- commit to doing any actions that are determined in the Services sessions;
- be on time to all Services sessions; any late attendance will not entitle you to an extended session, and we may cut short the session time.
You acknowledge and agree that since Services are so dependent on your and your child’s actions and implementation, we cannot guarantee any results. We cannot guarantee that any plan will be successful.
Counselling and Coaching services involve different types of physical and mental evaluation and treatment and there are risks and benefits involved, including a risk that a plan may aggravate a condition or cause discomfort.
What we agree to do
We agree to:
- provide the Services as per Package during the Period from the Commencement Date;
- keep you informed of your progress;
- keep all the documents you provide secure and return all documents at the termination of this Agreement;
- at all times keep your Confidential Information confidential, and will also not divulge the fact that we are in a Services relationship unless you do; in which case we will confirm as such; and
Reliance on Services
We are not medical doctors, psychiatrists or psychologists. We strongly recommend that you obtain independent professional health advice before you make decisions or take steps that rely on any health or medical information we may provide. For example, do not use any health information to treat any mental disorder or disease.
Where you wish to reschedule, cancel or seek a refund
Please do notify us if you wish to re-schedule a Services session. Where we have 48 hours prior notice, we may be able to re-schedule. Only one re-scheduling is permitted per month to a mutually convenient time. We cannot guarantee that if you miss a session, we will be able to re-schedule.
Any refunds for cancelled Services sessions are made at our sole discretion and will only be made for the current month. Any cancellations with less than 24 hours prior notice will incur the full fee for the session. Any cancellations with more than 24 hours but less than 48 hours prior notice will incur the Cancellation Fee. To the extent permitted by law, any refunds for any cancellations of the Services Package are at our absolute discretion. We do not provide refunds for your change of mind, where you fail to provide us with adequate information or clearly explain your needs, or where you fail to act on our advice.
Our obligations under the Australian Consumer Law
Our services come with guarantees that cannot be excluded under Australian Consumer Law. For major failures with a service, you are entitled to cancel your service contract with us and to a refund of unused portion, or to compensation for its reduced value.
You are also entitled to be compensated for any other reasonably foreseeable loss or the damage. If the failure does not amount to a major failure you are entitled to have problems the service rectified in a reasonable time, and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
Intellectual Property and publicity
We own or have a license to use all Intellectual Property Rights in any Materials we may provide you throughout the performance of the Services. You must not use any Materials for any purpose other than your sole personal use and development. Any Materials we provide you must not be reproduced or resold without our prior written permission which will be given at our absolute discretion and will be the subject of license fees.
You permit us to use any photos, videos and testimonials you provide to us for marketing and information purposes, or publications, exhibitions and professional awards. Where we take photos or videos of you, we will seek your consent to use them. You must seek our prior written consent before any publication of information about the Services.
You acknowledge and agree that we are not liable for any Loss or damage which may result from the Services. To the extent permitted by law, our liability is limited, at our option to:
- the replacement of the services or the supply of equivalent services; or
- the payment of the cost of replacing the services or of acquiring equivalent services.
In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent invoice we have sent you that has been paid.
You acknowledge and agree to indemnify us and keep us at all times fully indemnified from and against any Claims whatsoever arising directly or indirectly as a result of any breach by you of this Agreement and any third-party claims.
Where we can terminate
We may either suspend the Services, or terminate the Services Package where:
- we are unable to agree on required actions during the Services session; or
- there is a conflict of interest.
Where we determine, at our sole discretion, that you need more qualified assistance, we may immediately terminate this agreement. We may also, at our option and without prejudice to any of our rights, immediately terminate this Agreement where you default on any invoices, breach this Agreement, or commit an act of bankruptcy. Upon termination, you must pay all accrued Services Fees owing up to the date of termination.
If there is a dispute
If at any time any aspect of the Services is not reasonably acceptable to you or we disagree on the quality or substance of the Services you will immediately notify us of any such reason, the specifics and will give us a reasonable opportunity to respond and address any concerns.
If a dispute arises, you acknowledge and agree that confidentiality is paramount to our reputation. At no time will any communications or discussions be made public, including but not limited to any social media websites. Any public discussion or comments considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim. In the event of any dispute 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 party agrees to pay their own costs.
THE GOVERNING LAW AND OTHER MATTERS
This Agreement completely states the agreement of the parties as to its subject matter. It supersedes, and its terms govern all previous communications, representations, inducements, undertakings, agreements and arrangements between the parties in respect of its subject matter. This Agreement may not be modified or amended except in writing signed by both parties. The failure by us to exercise any right or enforce any provision in these Terms does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. This Agreement must not be transferred or assigned without the prior written consent of the other party. This Agreement is governed by the laws from time to time in force in the state of NSW, Australia. Both parties agree to unconditionally submit to the non-exclusive jurisdiction of the courts of NSW for determining any dispute concerning this Agreement.
“Agreement” means these terms and conditions, and the Proposal.
“Claim” means any claim under statute, tort, contract or negligence, any demand, awards or costs.
“Confidential Information” means any sensitive personal information and/ or any of your including but not limited to personal information as defined under the Privacy Act 1988 and any sensitive business information, including any business staff and system knowledge.
“Information” means any information you provide to us during the Services.
“Intellectual Property Rights” means all trademark, copyright, design rights, patents, trade secrets, confidential information and all other intellectual property rights whether registered or unregistered.
“Loss and Damage” means any direct, indirect, consequential or incidental loss or damage. This includes, but is not limited to any loss, personal injury, death, negligence, loss of profits, revenue, salary, property damage, loss of enjoyment, virus or damage to your systems, or reliance on our Services.
“Materials” means any books, diagrams, PDFs, documents, information, and includes any Services program documents or concepts.
All other capitalised terms are defined in the Proposal.