The Agreement between you (Client) and us (Service Provider) is made up of these General Terms and Conditions (T&Cs) and the accompanying Proposal, along with any subsequent Proposal as agreed upon from time to time.
The Proposal contains the specific information that is relevant to our unique arrangement with you, and is designed to be read alongside the T&Cs.
If there is any inconsistency between the T&Cs and the Proposal, the content of the Proposal will prevail to the extent of the inconsistency.
Any variation to the Proposal must be mutually agreed upon in writing.
The Agreement will come into effect on the Commencement Date and continue for the Term.
Subject to the nature of the Services being provided, additional special conditions may apply as set out in the Proposal.
Both parties will ensure that they hold appropriate insurance where applicable, and agree to comply with all Applicable Laws, both during and following the Term.
You acknowledge that you have read and understood the T&Cs and Proposal prior to signing the Agreement, and have sought professional and/or legal advice should you require clarification on any aspect of the Agreement.
We agree to perform the Services to the best of our ability and in accordance with the Key Dates.
You agree to provide us with all relevant Client Information we request from you, and any other information we reasonably require in order to be able to perform the Services.
The total scope of the Services is as set out in the Proposal, along with the Key Dates for delivery. If Services outside the scope are required, these will be quoted separately at our Hourly Rate.
You acknowledge that you are solely responsible for determining whether our Services are appropriate for you.
You further acknowledge that you:
are not to use the Services to diagnose or treat any mental or physical health concern or issue;
must not be under the influence of drugs or alcohol while the Services are being performed;
will provide accurate and complete information to the best of your knowledge and understanding;
will communicate honestly, be open to feedback and suggestions, and fully engage with the Services to the best of your ability;
are solely responsible for implementing any strategies and techniques discussed during provision of the Services; and
will ensure punctual attendance at all sessions that form part of the Services.
Full Payment or The first instalment of your Part Payment (if choosing to opt for the split payment option) is due on signing the T&Cs within the timeframe specified in the Proposal. The Services will not commence until the Payment has been paid. The Deposit is non-refundable regardless of Service delivery.
Payment secures a start date for us to commence the Services. If you wish to delay the start date, you must provide us with a minimum of 14 days’ notice, otherwise a Restart Fee may apply.
All Fees will be payable via electronic funds transfer or via Stripe to our nominated bank account on the Payment Dates set out in the Proposal. You will receive a Tax Invoice directly from Stripe prior to payment being due in each instance.
If you do not pay us any portion of the Fees within the stipulated timeframe, we may charge you interest at the Interest Rate set out in the Proposal. If unpaid Fees are recovered through an external agency, you acknowledge that you will be responsible for the costs involved in the recovery.
Part/Split Payment payer clients will be billed monthly in advance via Stripe.
CANCELLATIONS & REFUNDS:
We reserve the right to cancel the Services, or reschedule them at a mutually convenient time, for any reason. If the Services have been cancelled by us and not rescheduled, we will refund the Fees paid for the cancelled portion of the Services.
We will not be liable for any failure to perform the Services to the extent that it is caused by your noncompliance with your obligations under the Agreement.
If we are delayed or prevented from performing the Services or meeting the Key Dates, either due to your noncompliance with your obligations or a Force Majeure Event, we reserve the right to reschedule the Key Dates.
If we are unable to reschedule the Key Dates due to a Force Majeure Event, this shall not be deemed a breach of the Agreement.
If we are unable to perform the Services for any reason and are unable to reschedule the Key Dates, you are entitled to terminate the Agreement and receive a full refund of Fees paid, less deductions for Services already performed.
Where you cancel any Services, you must notify us via our nominated email address 14 days prior to any scheduled session.
If at least 14 days’ written notice is not provided, you will not be entitled to any refund and may incur a Cancellation Fee. You may also be prevented from rescheduling the Services.
If you have cancelled the Services and provided the requisite notice, you can either:
suspend the Services for a maximum of 3 months; or
obtain a refund on the Services that are yet to be used, which may incur a Cancellation Fee.
Refunds in lieu of money (such as credit for other Services) may be offered to you at our sole discretion.