A copy of the Terms and Conditions below will be sent to you via email for you to sign.
1. Definitions
“Appointment” means an appointment for Us to provide our Services or part of Our Services to You in person, whether at your business premises or elsewhere;
“Commencement Date” means the date specified in Item 4 of the Schedule;
"Contract" means this Contract including any schedules and annexures;
“Day” is a reference to a calendar day;
"GST" means the goods and services tax as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth);
“Fee” means the price for the Services set out in Item 2 of the Schedule;
“Proposal” means the proposal for our Services set out in Annexure A;
“Region” means the State of Queensland;
"Services" means the services which We provide, being leadership consultancy and coaching Services, and as more particularly described in the Proposal;
“Term” means the period set out in Item 3 of the Schedule;
"We/Us/Our" means Angela Michelle Koning (ABN 76 753 107 214) trading as “Equenti Leadership & Learning”;
"You/Your" means the person or organisation described in Item 1 of the Schedule.

2. Basis of Contract
2.1 By signing this Contract, You agree to be bound by its terms.
2.2 This Contract applies to all Services provided by Us to You.

3. Services
3.1 We will provide you with the Services from the Commencement Date until the expiry of the Term, unless otherwise agreed or extended.
3.2 We will only provide You with the Services that are specifically set out in the Proposal. Should You require further or different Services other than those set out in the Proposal, You must inform Us as soon as possible, and You acknowledge that We may need to provide You with a revised Contract including a revised Proposal and Fee.
3.3 You acknowledge that We have provided You with a Proposal based on the information You have provided to Us, and that We are not responsible for incorrect or inappropriate Services being supplied to You because You failed to clearly or adequately communicate all relevant circumstances and requirements to Us, or because You failed to properly review or understand the Proposal.

4. Pricing and Payment
4.1 You agree to pay the Fee to Us upon receipt of an invoice.
4.2 Prices quoted exclude GST unless otherwise stated and are in Australian dollars.
4.3 Payment is accepted by credit card or electronic funds transfer to Our nominated bank account.
4.4 Banks or third-party merchant facilities may charge fees or surcharges which You remain fully liable for.
4.5 Our invoices are payable within seven (7) Days of the date of the invoice.
4.6 If an invoice remains unpaid fourteen (14) Days after You receive it, We may, in Our discretion, suspend Services and/or charge You interest at a rate of twelve (12) per cent per annum accruing on a simple basis from the Day the invoice became overdue and ending on the Day payment is received in full by Us.
4.7 You further agree to reimburse Us for Our reasonable costs, charges and expenses incurred in the collection of outstanding debts owing by You to Us.

5. Our Responsibilities
5.1 We will use acceptable care and skill in providing the Services to You.
5.2 We will use Our best endeavours to provide the Services in the time frame agreed to between You and Us.
5.3 We may delegate part or all of our Services to Our agents, representatives, employees or contractors.

6. Cancellation Policy
6.1 When You book an Appointment with Us, You understand that the Appointment is reserved exclusively for You. As such, please let Us know immediately, but at least 24 hours prior to Your Appointment, if you need to cancel or reschedule.
6.2 Cancellations made less than 24 hours before your Appointment or missed Appointments will incur a cancellation fee of $500.

7. Insurance
Both parties agree to hold and maintain the insurances relevant or required by law, including public liability insurance and public indemnity insurance.
8. Termination
8.1 This Contract may be terminated in the following circumstances:
(a) on thirty (30) Days’ written notice to the other party;
(b) where one party has breached a term of this Contract, notice of the breach has been provided to that party by the other party and the breaching party has failed to remedy the breach in the manner specified;
(c) where a party has committed a material breach of this Contract that is incapable of remedy;
(d) where either party becomes bankrupt, insolvent, under administration or an externally administered body corporate.
8.2 If this Contract is terminated, all fees, costs and expenses payable under this Contract, including the Fee for the month of termination, will be immediately due and payable.
8.3 No refunds for payments already made by You to Us will be provided except as required by law.
8.4 You cannot terminate this Contract if:
(a) the problem was outside of Our control;
(b) You changed Your mind;
(c) You insisted on having the Services provided in a particular way against Our advice; or
(d) You failed to clearly explain Your needs or requirements to Us.

9. No Set Off
You are not entitled to set off any fees or rates owing to Us against any amount which is owed, or You believe is owed, to You by Us.

10. Limitation of Liability and Indemnity
10.1 We make no guarantees or warranties regarding the profitability, or success of Your business or Your team as a result of our Services.
10.2 You agree to indemnify and hold Us harmless from all Claims arising in connection with a breach by You of this Contract, out of Your negligence or the negligence of Your employees, agents, representatives or contractors, or (to the extent permitted by law) in connection with the implementation of any recommendation or strategy provided by Us in connection with Our Services.

11. General
11.1 Without affecting the rights of either party at law, any dispute in connection with this Contract must be resolved, at first instance, by discussion between the parties.
11.2 If the parties fail to resolve the dispute, the dispute shall be referred to mediation. The parties agree to equally bear the costs of the mediator.
11.3 If any provision of this Contract is void, voidable, unenforceable, illegal, prohibited or otherwise invalid, then that provision shall be severed and the remaining provisions of this Contract shall remain operative.
11.4 Failure or delay in performance of any obligation by either party shall be deemed not to be a breach of this Contract if that failure or delay is due to an event that is not caused or contributed to by that party's fault or negligence, but due to an event that is outside the reasonable control of that party, which event may include an act of God, outbreak of hostilities, riot, civil disturbance or acts of terrorism, strikes, lock outs, fire, flood or drought.
11.5 The rights and obligations of either party may not be assigned without the prior consent of the other party.
11.6 Nothing in this Contract constitutes or establishes an employment, partnership or franchise relationship between the parties.
11.7 Nothing contained in this Contract shall create a contractual relationship or a cause of action in favour of a third party against either party.
11.8 This Contract may only be varied by agreement between the parties.
11.9 This Contract may be signed by hand or electronically and returned to Us by email, hand or post.
11.10 The laws of the State of Queensland, Australia from time to time governs this Contract and the parties agree to submit to the non-exclusive jurisdiction of the courts of the State of Queensland, Australia and of courts entitled to hear appeals from those courts.
11.11 Neither party will use the other party’s name or trademarks in any publicity without the other party’s written permission.
11.12 We value Your privacy and will process Your personal information in accordance with Our privacy policy, which forms part of this Contract.
11.13 This Contract constitutes the entire agreement between the parties with respect to its subject matter. Neither party has placed any reliance on any representations made before signing the Contract, whether orally or in writing, relating to the provision of the Services other than those expressly incorporated or referred to in the Contract (or its recitals), which has been negotiated on the basis that its provisions represent their entire agreement relating to the Services and supersede all such representations. This clause does not apply to any representation made fraudulently.