Terms & Conditions
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Effective Date: 6th June 2024
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1. Introduction
Welcome to The Evolve Academy Pty Ltd (referred to as "we," "us," "our," or "The Evolve Academy"). We provide leadership training and development services to organisations in-house across Australia. By engaging our services, you (the "client") agree to be bound by the following terms and conditions:.
2. Services
2.1 Scope of Services: We offer various leadership training and development programs tailored to the needs of organisations. The specific details of the services provided, including duration, content, and deliverables, will be outlined in a separate agreement or proposal.
2.2 Modifications: We reserve the right to modify the scope of our services if necessary. Any changes will be communicated in writing and agreed upon by both parties.
3. Fees and Payments
3.1 Fees: The fees for our services will be specified in the agreement or proposal provided to the client. All fees are quoted in Australian Dollars (AUD) and are exclusive of GST unless otherwise stated.
3.2 Invoicing: We will invoice the client according to the schedule specified in the proposal agreement. Payment terms are 14 days from the date of the invoice.
3.3 Late Payments: Late payments will incur interest at the rate of 1.5% per month from the due date until payment is received in full.
4. Client Responsibilities
4.1 Cooperation: The client agrees to provide all necessary information, access, and cooperation required for us to deliver the services effectively.
4.2 Attendance: The client is responsible for ensuring that its employees attend the scheduled training sessions. We will make all relevant content available, should there be personal reasons employees that are unable to make the scheduled sessions, we are not responsible for any employees who fail to attend the scheduled sessions.
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5. Cancellations and Rescheduling
5.1 Cancellation by Client: If the client wishes to cancel or reschedule a training session, they must provide at least 14 days written notice. Cancellations within this period may incur a fee of 50% of the program package fee.
5.2 Cancellation by Company: We reserve the right to cancel or reschedule a training session due to unforeseen circumstances. In such cases, we will provide as much notice as possible and offer alternative dates or a full refund.
6. Intellectual Property
All materials provided during the training sessions, including but not limited to presentations, handouts, workbooks, and digital content, are the intellectual property of The Evolve Academy Pty Ltd. The client is granted a non-exclusive, non-transferrable licence to use these materials for internal purposes only, specific to the program contracted for, and must not distribute or share them without our prior written consent.
Our website: You must not:
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Reproduce or use any material on the website for commercial purposes, including for sale;
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Modify any material on the website in any way;
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Frame or embed any material from the website into another website without written approval.
In summary, you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit, or distribute the content of the website in any manner except as expressly provided or authorised in writing by us.
7. Confidentiality
Both parties agree to keep confidential all information obtained from the other party that is designated as confidential or would reasonably be considered confidential. This obligation continues beyond the termination of this agreement.
8. Liability
8.1 Limitation of Liability: To the extent permitted by law, our liability for any claims arising out of or in connection with our services is limited to the amount paid by the client for the services. We are not liable for any indirect, incidental, or consequential damages.
8.2 Indemnity: The client agrees to indemnify and hold us harmless from any claims, damages, or expenses arising out of or in connection with the client’s breach of these terms and conditions.
9. Termination
Either party may terminate this agreement by providing 14 days of written notice. Upon termination, the client will pay for all services rendered up to the termination date.
10. Dispute Resolution
In the event of a dispute, both parties agree to first attempt to resolve the issue through good faith negotiations. If the dispute cannot be resolved, it will be referred to mediation in accordance with the laws of Australia.
11. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of Australia. Any legal action or proceeding arising under these terms and conditions will be subject to the exclusive jurisdiction of the courts of New South Wales.
12. Amendments
We reserve the right to amend these terms and conditions at any time. Any amendments will be effective immediately upon posting on our website or otherwise notifying the client.
13. Contact Information
For any questions or concerns regarding these terms and conditions, please contact us at:
The Evolve Academy Pty Ltd
PO Box 3042
Allambie Heights
NSW 2100, Australia
info@theevolveacademy.com.au
0431353040
Acknowledgment
By engaging our services, the client acknowledges that they have read, understood, and agreed to be bound by these Terms and Conditions.