Terms and Conditions

Enever Consulting Coaching Service Terms 

This is the agreement we use for delivering our services and to define our working relationship with you. If there is any part of the Proposal that you do not understand, please let us know before agreeing to these terms.

These terms apply from the date we start working with you, and cover all services you ask us to provide, whether or not you sign anything.  

Our services are offered by Enever Consulting Pty Ltd ABN 22 120 424 535 of 9 Ausfeldii Drive, Spring Gully, Victoria 3550 and any reference in these terms to ‘Coach’, ‘us’, ‘we’ or ‘our’ means that business. Any reference to ‘you’ or ‘your’ means you, our valued client. 

1. Coaching Services

1. We provide one session coaching services such as brainstorming sessions and plan reviews, through to longer term coaching programs. Our Proposal covers the service you have asked us to provide on this occasion.
2. We will ask you to tell us your business goals and objectives before commencing any coaching program. Throughout the course of the coaching program, other goals and objectives may be identified. We will provide coaching services in line with these goals and objectives. 
3. We provide a wide range of coaching services in the following areas:

• Marketing planning;
• Forward business planning;
• Branding Advice;
• Policy creation and implementation;
• Troubleshooting;
• Customer and client liaison and negotiation;
• Identifying and implementing efficient work practices;
• Contract sourcing and negotiation.  

1. What we will provide

1. We will provide the coaching services in a competent and professional manner.
2. The extent of the coaching and its content will depend on your business needs, which we will assess during initial meetings between ourselves.
3. Coaching programs will be carried out with regular meetings over the course of the period in the package selected, with you which will be held via phone or internet meeting.
4. We may extend the number of meetings necessary to complete a coaching program, at our option, to ensure that key objectives are achieved. 
5. We may suggest you view a variety of offline or online resources during the coaching program. It is your responsibility to make a note of those resources, we won’t necessarily send them to you.  
6. We do not guarantee the success or otherwise of your business as a result of your participation in the coaching program.
7. We are not qualified to provide legal, tax, accounting, or financial advice, and the information provided to you is not intended as such. You should refer all legal, tax, accounting, or financially related enquiries to appropriately qualified professionals.

1. What is expected from you? 

1. Enthusiasm, willingness to learn and a positive attitude.
2. You agree to do all things reasonably requested of you during the coaching program and to take the actions necessary to progress and develop through the program.
3. To pay our costs on time and in full.
4. Attend all agreed meeting times and dates or give us at least 3 business days’ notice if you need to reschedule a meeting. We cannot guarantee that a new meeting time will be available if you miss a meeting time.

1. What is not included

We do not do it for you. For example, we do not write a business plan for you. You must write it yourself. When reviewing plans etc, we will provide comments and feedback to you and it is up to you to make any changes you believe are needed based upon our feedback. 

1. Fees and payment 

1. Our fees for providing the services are set out in the attached Proposal.
2. All one session coaching services are paid in advance at the time of booking. 
3. All coaching programs are paid in advance
4. Payment is accepted through Direct Deposit, Credit Card and PayPal. 
5. If you do not wish to commence with a coaching program, you must give us at least 5 days’ written notice before we start. 
6. If you end this coaching agreement before completion of the full coaching program you are still obliged to pay our coaching program fee in full.
7. Fees are not refundable simply because you have changed your mind about participating, or missed a scheduled meeting time. Please be sure of your commitment before you start.
8. If you fall into arrears with your payments, the coaching services may be suspended until all fees have been paid.
9. Interest may be charged on any overdue payment, accruing daily from the date when payment becomes due, until the date of payment, at a rate of 8% per annum (and such interest may compound monthly after as well as before any judgment.
10. If any payment is dishonoured for any reason you may be liable for any dishonour fees incurred by us, as well as any costs and disbursements incurred by us in pursuing the debt (including legal costs and debt collection costs).

1. Confidentiality 

1. Where confidential information is disclosed to you during mentoring it is done so for your personal benefit or learning and you agree not to disclose that confidential information to any other person or entity. 
2. Some of the information that you provide to us will be information that is clearly important and confidential to you or your business. We will only use that information to provide services to you and will not share it. 
3. These obligations of confidence will cease to apply in relation to information that either party is required to disclose by any law, or which becomes part of the public domain other than as the result of a breach by the disclosing party of its obligations under this agreement.

1. Promotion

You consent to our use of your name, business name and logo, and any testimonial provided by you for the ongoing promotion of our services.

1. Intellectual Property Rights

We retain the intellectual property rights in any materials that we have developed and provided to you in the course of the coaching program.  You may use those materials for your own purposes and are not authorised to share, distribute or resell, in part or in full, those materials without our prior written permission. 

1. Third-party services

If we make any third party recommendations, we do so because to the best of our knowledge they are professional and successful service providers. You are still required to do all due diligence to protect yourself and your business. If you enter into an agreement with a third party as a result of our recommendation it is still your responsibility to understand and negotiate your own agreement with them.

1. Limitation of Liability

1. You agree that the total aggregate liability to us for any claim by you in respect of any service we provide to you is limited to the amount actually paid by you to us. 
2. To the fullest extent permissible by law, and without limiting the application of Australian Consumer Law, in the event of any fault in the services, our liability will be limited at our choice to:

1. the supplying of the services again;
2. the repair of any fault in the services caused by us. 

1. This limitation of liability applies to the fullest extent permitted by law, and survives any termination or expiration of this agreement, or your use of our services.

1. General  

1. Privacy – Any personal information collected by us in the course of providing services will only be used to provide services to you and for no other purpose. 
2. Relationship – We are providing services to you as an independent contractor and nothing in this agreement should be interpreted to suggest otherwise. 
3. Assignment – Coaching is personal to you and cannot be assigned to any other person.  
4. No Waiver – Any time or other indulgence granted by us will not in any way amount to a waiver of any of our rights or remedies under this agreement. 
5. Governing law – This agreement is governed by the laws of Victoria, Australia, and you agree to be subject to the jurisdiction of the courts of Victoria, Australia if there was a serious dispute between you and us. 
6. Severability – If for some reason a clause of this agreement turns out to be unenforceable, the rest of this agreement will continue unaffected and that term will be severed. 
7. Entire agreement – Whatever ends up in this document or the attached Scope of Work is the agreement between us and anything else discussed beforehand or afterward is not part of the agreement or fees charged unless it was included. 

End.

SETTING UP AN ACCOUNT AND DIRECTORY LISTINGS

Opening an account or setting up a directory listing

Some of our products and services will require you to create an account with us. In creating an account with us, or setting up a directory listing you agree that you:

• Will pay any fees, charges or commissions associated with your account or directory listing when they are due;
• Will provide accurate, complete and current information and will notify us if your contact details change;
• Will keep your account information secure including your username and password. We recommend that you change your password at least once every six (6) months;
• Will not impersonate or misrepresent your credentials or affiliations with particular businesses and the products and services they provide;
• Will cooperate fully with us to investigate any suspected unlawful, fraudulent or improper activity on your account;
• Will immediately contact us if you believe that your account may be subject to an unauthorised transaction, account takeover or other type of fraudulent activity or security breach;
• Agree to receive regular newsletters and other communication from us. You can unsubscribe at any time by clicking on the unsubscribe link in each of our communications;
• Authorise us to disclose card-related profile and purchase behaviour information to third parties (including without limitation Visa, MasterCard and American Express) for the purpose of assisting in eliminating fraud and illicit behaviour.

You acknowledge that failure to comply with any of the above requirements may result in your account being disabled or removal of your listing and any content that you have submitted, from our website.

You are solely responsible for the activity that occurs on your account, whether authorised by you or not, and may be liable for any loss to us or third parties caused as a result of the use of your account, whether by an authorised person or not.

ADVERTISING WITH US

Advertising / Contributors

From time to time, we may offer you the opportunity to advertise on our online services or produce content for our online services. Without limiting anything else in these terms and conditions, as an advertiser or contributor you:

• Agree to pay any fees for advertising on our online services as and when they are due;

• Agree to provide us with copies of your advertising material in a manner and timeframe that we specify;

• Agree to ensure that the advertising material complies with all relevant laws and regulations and does not contain any content that is prohibited or restricted by Australian law;
• Will not advertise on our online services in a way that is misleading or deceptive or contains defamatory statements or content;
• Agree to ensure any links or uploads are free from worms, viruses or other types of malicious or harmful programs or code;

• Agree that users may rate your business, products or services and provide reviews on our online services;

• Agree to ensure that advertisements or content do not contain anything that infringes upon or violates the rights of any third party, including copyright, trademark, privacy, or other personal or proprietary rights;

• Irrevocably grant to us a world-wide, non-exclusive, royalty-free and perpetual licence and right to use your content and allow us to display your business name and trademarks on our online services;

• Warrant that you hold the necessary rights and interests to use any material you add to our online services or social media pages (your content) and that all of your content does not infringe any third party intellectual property rights, including copyright and trade mark rights; and

• Agree that we may remove or disable your advertisement or content, at our sole discretion, if we believe your content to be in violation of our terms and conditions.

We will use all reasonable endeavours to maintain your advertisement on our online services in accordance with your instructions and specifications. Note that positioning and placement of the advertisement on our online services will be at our discretion.

We reserve the right to reject, approve, remove or require the amendment of any advertisement for any reason, in our sole discretion, including advertisements that negatively affect our relationship with our users or that promote content, services, or activities, contrary to our competitive position or interests.

Cancellation of any advertisement or content must be received in writing from you no less than 10 business days prior to the date that it was scheduled to be displayed on our online services. 

Validity

If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions will continue in effect.

These terms and conditions together with our privacy policy form the entire agreement between you and us in respect of your use of our online services.

PROMOTIONS AND COMPETITIONS

Promotions

We may run competitions, free prize draws and/or other promotions on our online services. Any promotion will be subject to Victorian legislation and additional terms and conditions that will be made available when the promotion is launched. We will publish the names of competition winners on the website running the promotion.

By entering a Promotion you:

• Agree that there may be separate terms and conditions for that Promotion, and they may not be listed here;
• Agree that Promotions are as advertised on our online services and cannot be exchanged or redeemed for cash;
• Agree that we reserve the right to verify your identity, age and place of residence and disqualify any individual that we believe has breached these terms and conditions (or any other separate terms and conditions relating to the Promotion), or has engaged in improper conduct that jeopardises fair and proper conduct of the Promotion.

Third Party Promotions

We may also allow third parties to run Promotions through our online services. It will always be clear whether a promotion is offered by us or someone else.

Third Party Promotions will be run by third parties not affiliated with us and will not be under our management or control. By entering or participating in a Third Party Promotion, you agree to be bound by the relevant terms and conditions. We do not endorse, sponsor or administer any Third Party Promotion.

We are not responsible for the provision of any prizes or winnings in a Third Party Promotion. Any complaint, prize claims, notices or other communication you have with respect to any Third Party Promotion must be directed to the applicable third party managing that promotion.

We have no obligation to provide a third party with any claims or notices which you may send to us. We specifically retain the right, at any time and without notice, to remove any Third Party Promotion from our online service at any time and for any reason, without any liability to you or any third party.

Games of Skill – General Terms and Conditions of Entry

1. Promotions commence on the date set out in the competition details.
2. Entries close on the date set out in the competition details.
3. By entering the competition, all entrants will be deemed to have accepted and agreed to be bound by these rules.
4. Chance plays no part in determining the winner in a game of skill. Each entry will be individually judged, based upon individual creative merit.
5. All entries must be an independent creation by the entrant and free of any claims that they infringe any third party rights. Entries must not have been published previously and/or have been used to win prizes in any other competitions.
6. Entrants in a competition must be 18 years old and over and residents of Australia.
7. Employees or associates of Enever Consulting Pty Ltd and their immediate families and third parties associated with Promotions are ineligible to enter the competition.
8. To enter, entrants must complete the task required for entry into the competition. Only one entry is permitted per person unless otherwise stated. We reserve the right to verify the validity of entries.
9. The judges reserve the right to disqualify any entrant submitting an entry which, in the opinion of the judges, includes objectionable content, including but not limited to profanity, nudity, potentially insulting, scandalous, inflammatory or defamatory images or language. The judges’ decision will be final and no correspondence will be entered into.
10. All entries become and remain our property. We may use the entrant’s names and entries for any commercial purpose, including future promotional marketing and publicity purposes.
11. We reserve the right to withdraw or amend the competition as necessary due to circumstances outside our control.
12. Any prize is non-transferable and non-redeemable for cash. A prize cannot be exchanged for another. If for any reason whatsoever a winner does not take a part of the prize at the time stipulated by the promoter, then that part of the prize will be forfeited by the winner and cash will not be awarded in lieu of that part of the prize.
13. We reserve the right to substitute any component of a prize for a similar item of equal value at our discretion.
14. We will not be liable for any loss or damage suffered, or for personal injury which is suffered or sustained, in connection with the prize, except for any liability which cannot be excluded by law.
15. Any information you are asked to provide for entry into a promotion may include personal information protected by Australian privacy laws. We will not disclose that information to other parties other than in accordance with applicable legislation and in accordance with our Privacy Policy.
16. You are responsible for obtaining independent financial advice about the tax implications of accepting a prize.
17. If for any reason a winner does not accept the prize within three months of the date of drawing, then the prize will be forfeited by the winner.
18. Entries will be judged at the offices of Enever Consulting Pty Ltd in Victoria, Australia on the day that is two business days after the date of close of entries. The winner’s name will be published on the website making the promotion within thirty (30) days of the draw.
19. The winner will be notified in writing by email within thirty (30) working days of the conclusion of the competition.
20. If we are unable to contact the winner within thirty (30) days of the draw and have made every effort to contact them with the information provided in their entry, then we will award the prize to another valid entrant.

Affiliate Terms & Conditions

Enever Consulting Pty Ltd ABN 22 120 424 535 of 9 Ausfeldii Drive, Spring Gully, Victoria, Australia 3550 is a company incorporated and existing under the laws of the State of Queensland, Australia, (hereinafter “Enever Consulting”, “we”, “us”, and “our”) and we are providing various business supportive services for our clients via our Enever Group https://www.enevergroup.com.au/ website

(hereinafter “Enever Consulting Services”).

Enever Consulting Affiliate Program is initiated to entice bloggers, affiliates, and freelancers to promote Enever Consulting Services. This Affiliate agreement (hereinafter the “Agreement”) stipulates the terms and conditions, under which you may become an Affiliate under the Enever Consulting Affiliate Program and start sending traffic to an Enever Consulting website using your tracking link in exchange for a commission.

The terms “Affiliate”, “you”, “your” and “yours“, refer to any legal person who has signed up as an Affiliate and who has accepted these terms and conditions. By accepting the Agreement, you confirm having carefully read the Agreement. Upon accepting the Agreement, the terms you agree the terms are a binding agreement between you and us.

 

1. Overview of Enever Consulting Affiliate Program and Getting Started

 

• By signing up to the Enever Consulting Affiliate Program, you undertake to perform actions aimed at increasing traffic on Enever Consulting’s website. For that purpose, you undertake to create quality content related to Enever Consulting and Enever Consulting Services for your audience, publish the content together with your tracking link in your social media account, blog, or any other medium you use for communicating with your audience (hereinafter the “Post”). Subject to the Agreement, Enever Consulting shall pay to you the commission as stipulated in the Agreement when your customer link drives sales for Enever Consulting. You hereby also confirm that your activities under this Agreement are ancillary to your other professional activities and you do not obtain a greater part of your income from the activities under this Agreement.

 

• To become an Affiliate, you must submit an application and accept this Agreement. By submitting the application and accepting the Agreement, you confirm that:

 

(a)   the data provided by you upon registration are true, accurate, and full,

(b) you agree to act in accordance with the Agreement,

(c)   you have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement.

 

• If you sign up as a:

• natural person, you confirm that you are at least 18 years of age and you have full active legal capacity; or
• as a legal entity, you confirm the legal entity is duly incorporated, with full legal capacity.

 

• We reserve the right to reject any application or deactivate your tracking link at any time and without an obligation to justify our decision. We are entitled to deactivate your Affiliate status and your tracking link at any time if we determine that your Post and/or website is unsuitable for promoting Enever Consulting Services

 

• Upon acceptance of your application by us and entry into the Agreement, you will be provided with your own personal account to our Affiliate Dashboard and unique tracking link. The tracking link must be used every time you promote Enever Consulting and Enever Consulting Services to your audience. You understand that the tracking link enables us to identify any potential client directed by you to us. You also understand that if you do not use your unique tracking link or you use your unique tracking link contrary to the guidelines, we are not able to link a potential client with you. A failure in linking the client with you takes away your right to receive a commission for that client from us.

 

• You expressly agree and understand that you act as an independent contractor, and nothing in this Agreement is meant or shall be construed in any way or manner, to create between you and us a relationship of employer and employee, partners, agency, or any other relationship other than that of independent parties contracting with each other solely for the purpose of carrying out the provisions of this Agreement. In any case, you are not authorised and shall not have the power or authority to bind us to any legal relationship, or incur any liability or obligation, or act on behalf of us. For the avoidance of any doubt, the entry into this Agreement shall not constitute an agency agreement between you and us.

 

2. Affiliate Obligations

 

2.1.  While an Affiliate for Enever Consulting you must act with due diligence and make all reasonable efforts to direct potential clients with whom we could enter into a service agreement.

2.2.  For us to accurately keep track of all potential client and client visits, registrations, and sales from your posts on your social media channels or any of our websites, you must always use your tracking link.

2.3.  In providing content on your social media channels or any of our websites, you must not do anything harmful to Enever Consulting’s image and reputation. Content created by you must be truthful and a creative representation of Enever Consulting Services that, depending on the purpose of the post, educates followers and/or increases their curiosity about Enever Consulting. We fully respect your creative freedom to create Posts in a way that inspires your audience, but when creating a post, we expect from you and you agree to follow all promotion restrictions stipulated in this Agreement.

2.4.  Maintenance and updating of the information you share about Enever Consulting on your social media channels or any of our websites will be your responsibility. We may monitor your posts on your social media channels or any of our websites as we feel necessary to make sure that information contained therein is up-to-date and correct and notify you of any changes that we feel should enhance your performance.

2.5.  You are solely responsible to follow all applicable intellectual property and other laws that pertain to your posts on your social media channels or any of our websites. You must have express permission to use any person’s copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person’s copyrighted material or other intellectual property in violation of the law or any third-party rights.

2.6.  You will be responsible for any tax reporting and/or payment obligations applicable in respect to any commissions received from us under this Agreement as stipulated in clause 6.8.

2.7.  By accepting this Agreement, you understand that it is prohibited to:

(a) use your unique tracking link or any content made available to you by us in the course of Enever Consulting Affiliate Program for any unlawful purposes;

(b) solicit others to perform or participate in any unlawful acts;

(c) violate any international or local regulations, rules, and laws;

(d) harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(e) submit any false or misleading information;

(f)  upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our website;

(g) spam, phish, pharm, pretext, spider, crawl, or scrape;

(h) use your unique tracking link or Enever Consulting’s content for any obscene or immoral purpose;

(k) transfer or allow your account or unique tracking link to be used or associated directly or indirectly by another person.

 

3. Enever Consulting Rights and Obligations

 

3.1.  We have the right to monitor your posts on your social media channels or any of our websites at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes that we feel should be made, or to make sure that your advertisements, comments or material and Enever Consulting promotional content are appropriate, and to notify further you of any changes that we feel should be made.

3.2.  Enever Consulting has the absolute and unfettered discretion to decide whether and on what conditions we enter into a service agreement with any clients, who were directed to our website by using your unique tracking link. Enever Consulting will be also free to terminate the service agreements with any such clients at any time and according to its own discretion. In such cases, you will lose the right to commission as stipulated in clause 6.

 

4. Term and Termination

 

4.1.  The Agreement shall take effect from the date of acceptance by us as notified by us to you by our issuing you with an unique tracking link and is entered into for an unspecified term.

4.2.  Either party may unilaterally end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of an email. For the avoidance of doubt, Enever Consulting shall have the right to terminate this Agreement with immediate effect, by serving you a written notice if you have:

• committed fraud in your use of the Enever Consulting Affiliate Program or you abuse the Enever Consulting Affiliate Program in any way. If such fraud or abuse is detected, Enever Consulting shall not be liable to you for any commissions for such fraudulent sales;
• refused to make changes to your post/website which Enever Consulting has requested in accordance with clause 3 of this Agreement;
• breached any promotional restrictions stipulated in this Agreement.

4.3.  After the termination of the Agreement, regardless of the ground for the termination, we will delete your Affiliate account.

4.4.  Upon termination of the Agreement on any ground specified in clause 4.2 of this Agreement, you shall not be entitled to receive a commission even if the commission would still be subject to payment if the Agreement was in force.

 

5. Modification

 

5.1.  We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such an event, you will be notified by email. Modifications may include but are not limited to, changes in the payment procedures and Enever Consulting Affiliate Program rules. If you do not agree to the change of terms of this Agreement, you have a right to terminate the Agreement by notification via email. Your continued participation in Enever Consulting Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.

 

6. Commission and Payments

 

6.1.  In consideration of your promotional activities, we shall pay you a commission as stipulated in this clause 6 for each person who has been directed to our website by using your unique tracking link and with whom we enter into a service agreement. We shall not pay you a commission if any of the grounds stipulated in clause 6.4 preclude payment of the commission.

6.2.  When a person who has been directed to our website by using your unique tracking link becomes a Enever Consulting customer, your commission will be 10% of the revenue earned and distributed to Enever Consulting by the partnership created by the respective Enever Consulting customer and Enever Consulting company during every month this person is a paying customer to Enever Consulting services.

6.3. You will not receive the commission:

• if the person directed via your tracking link is already a client of Enever Consulting Services;
• if the person directed via your tracking link has already participated in the Enever Consulting Affiliate Program;
• should you be the client with Enever Consulting customer using your own Affiliate Program tracking link;
• if Enever Consulting terminates the services agreement with a client;
• if Enever Consulting is entitled to refuse to make the payment on any other ground expressly stipulated in this Agreement.

6.4.  The commission will be paid once per month via PayPal. The minimum pay-out sum per month is $50. If you earn less in any given month, the funds will be paid once the amount exceeds the threshold.

6.5.  Enever Consulting uses PayPal to handle all the payments. Please make sure you have the PayPal account and you have selected and set up PayPal as a payout method on Enever Consulting Affiliate Dashboard. Enever Consulting may require you to issue an invoice (if you are a legal entity and have an obligation to issue invoices in the country of your establishment) for the purpose of payment of a commission.

6.6.  We do not have to cover any of your additional costs. You confirm that the amount of commission is sufficient to cover any and all expenses connected with the provision of services under this Agreement.

6.7.  The amount of the commission payable to you is final and includes any and all applicable local and foreign taxes, state fees, tariffs, and charges. The commission also includes all and any bank transfer and currency exchange charges. You shall assume and pay, or cause to be paid, any and all such fees, expenses, taxes, and charges. If any of such payments should be paid by us, then we shall withdraw such payments from the amount of commission payable to you under this Agreement or we have the right to demand indemnification of such payment from you.

6.8. You as the Affiliate undertake to bear full responsibility for, and agree to hold Enever Consulting harmless in relation to withholding or paying any taxes (except our income tax and GST, if applicable) and other state duties and fees that are due in respect to the commission paid out to you under this Agreement.

6.9.  You acknowledge and understand that the relationship between Enever Consulting and its clients, including the terms of calculation and payment of service fees by clients to Enever Consulting, are strictly confidential and cannot be disclosed to you for the purpose of calculation of your commissions. Enever Consulting shall calculate the commissions payable to you strictly based on the information that is available to you in the Affiliate Dashboard. Thus, you hereby waive explicitly any right to demand any other commission calculation supporting documents.

 

 

7. Grant of Licenses

 

7.1.  We grant to you a limited, non-exclusive, non-transferable, non-assignable, revocable right to:

(a) access our websites through HTML links, tracing link, solely in accordance with the terms of this Agreement, and

(b) solely in connection with such links, to use our logos, trade names, trademarks, marketing, advertising and similar identifying material (collectively, the “Licensed Materials”) that we provide to you or authorize for such purpose.

You are only entitled to use the Licensed Materials during the term of this Agreement. You agree that all uses of the Licensed Materials will be on behalf of Enever Consulting and the goodwill associated therewith will insure to the sole benefit of Enever Consulting.

7.2.  Your right to use the rights arising from the Licensed Material shall commence as of the entry date to this Agreement and shall expire upon termination of the Agreement for any reason.

7.3.  Each party agrees not to use the other’s proprietary materials in any manner that is disparaging, misleading, obscene, or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights, and no right, title, or interest is transferred to the other.

 

8. Limitations of Liability and Indemnification

 

8.1.  Affiliate dashboard and content, or features made available in conjunction with this Agreement are provided “as is” and “as available” without any warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Enever Consulting disclaims all warranties. We do not provide any guarantees to you regarding the Affiliate dashboard. In particular, we shall not be responsible for the following:

(a) any interruption, discontinuance, suspension, or other types of unavailability of the Affiliate dashboard;

(b) any interruption or cessation of transmission to or from the Affiliate dashboard;

(c) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through Affiliate dashboard;

(d) deletion of, corruption of, or failure to store any content or data;

(e) the incompatibility of technologies used for accessing the Affiliate dashboard.

8.2.  We will not be liable to you with respect to any subject matter of this Agreement under any contract, negligence, tort, strict liability, or other legal or equitable theory for any indirect, incidental, consequential, special, or exemplary damages (including, without limitation, loss of revenue or goodwill or anticipated profits or lost business), even if we have been advised of the possibility of such damages. Further, notwithstanding anything to the contrary contained in this Agreement, in no event shall Enever Consulting’s cumulative liability to you arising out of or related to this Agreement, whether based in contract, negligence, strict liability, tort, or other legal or equitable theory, exceed the total commission fees paid to you under this Agreement.

8.3.  You hereby agree to and do indemnify and hold harmless Enever Consulting and its subsidiaries and Affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) are related to the provision of services under this Agreement, including but not limited, arise out of or are based on:

(a) any claim that our use of the Affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third part;

(b) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein; or

(c) any claim related to any post on any of your social media channels or on our websites, including, without limitation, content therein not attributable to us;

(d) breach of any law.

 

9. Confidentiality

 

9.1.  You undertake not to disclose to any third party any confidential information of Enever Consulting as defined in clause 10.2 below that becomes known to you in connection with the Agreement. You shall as well apply all reasonable measures to protect the confidential information of Enever Consulting. The confidentiality obligation shall be in force during the term of the Agreement and 5 years after its termination for any reason.

9.2.  Confidential information means the know-how, trade secrets, software, employees, business information, research information, information about business and cooperation partners, any pricing policy of Enever Consulting, IT systems, and any security measures (incl. cybersecurity measures) in use by Enever Consulting, Enever Consulting’s action plans and projects. Any kind of information that is not public and that can be deemed to be related to the business activities of Enever Consulting shall be considered confidential information and cannot be made available to any third party without the written consent of Enever Consulting except such information:

(a) that is at the time of disclosure of common knowledge, or which will, later on, be of common knowledge in such a way that it is not contrary to this Agreement; or

(b) that you are forced to disclose by law.

 

10. Miscellaneous

 

10.1.  You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Enever Consulting. You will have no authority to make or accept any offers or representations on our behalf.

10.2    Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.

10.3    This Agreement shall be governed by and interpreted in accordance with the laws of the State of Victoria, Australia without regard to the conflicts of laws and principles thereof. Any disputes arising from this Agreement shall be settled in a Court of the State of Victoria, Australia.

10.4    You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.

10.5. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.

10.6.   The headings and titles contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.

10.7    If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.

END.

This is the agreement we use for delivering our services and to define our working relationship with you. If there is any part of the Proposal that you do not understand, please let us know before agreeing to these terms.

These terms apply from the date we start working with you, and cover all services you ask us to provide, whether or not you sign anything.  

Our services are offered by Enever Consulting Pty Ltd ABN 22 120 424 535 of 9 Ausfeldii Drive, Spring Gully, Victoria 3550 and any reference in these terms to ‘Coach’, ‘us’, ‘we’ or ‘our’ means that business. Any reference to ‘you’ or ‘your’ means you, our valued client. 

1. Coaching Services

1. We provide one session coaching services such as brainstorming sessions and plan reviews, through to longer term coaching programs. Our Proposal covers the service you have asked us to provide on this occasion.
2. We will ask you to tell us your business goals and objectives before commencing any coaching program. Throughout the course of the coaching program, other goals and objectives may be identified. We will provide coaching services in line with these goals and objectives. 
3. We provide a wide range of coaching services in the following areas:

• Marketing planning;
• Forward business planning;
• Branding Advice;
• Policy creation and implementation;
• Troubleshooting;
• Customer and client liaison and negotiation;
• Identifying and implementing efficient work practices;
• Contract sourcing and negotiation.  

1. What we will provide

1. We will provide the coaching services in a competent and professional manner.
2. The extent of the coaching and its content will depend on your business needs, which we will assess during initial meetings between ourselves.
3. Coaching programs will be carried out with regular meetings over the course of the period in the package selected, with you which will be held via phone or internet meeting.
4. We may extend the number of meetings necessary to complete a coaching program, at our option, to ensure that key objectives are achieved. 
5. We may suggest you view a variety of offline or online resources during the coaching program. It is your responsibility to make a note of those resources, we won’t necessarily send them to you.  
6. We do not guarantee the success or otherwise of your business as a result of your participation in the coaching program.
7. We are not qualified to provide legal, tax, accounting, or financial advice, and the information provided to you is not intended as such. You should refer all legal, tax, accounting, or financially related enquiries to appropriately qualified professionals.

1. What is expected from you? 

1. Enthusiasm, willingness to learn and a positive attitude.
2. You agree to do all things reasonably requested of you during the coaching program and to take the actions necessary to progress and develop through the program.
3. To pay our costs on time and in full.
4. Attend all agreed meeting times and dates or give us at least 3 business days’ notice if you need to reschedule a meeting. We cannot guarantee that a new meeting time will be available if you miss a meeting time.

1. We work with you that means we will help you create a plan of action, provide feedback and at times provide assets for you to use. This work is done in consultation with you and therefore is approved by and requires your implementation. All work created for you is yours to use in your business.
2. Fees and payment 

1. Our fees for providing the services are set out in the attached Proposal.
2. All one session coaching services are paid in advance at the time of booking. 
3. All coaching programs are paid in advance
4. Payment is accepted through Direct Deposit, Credit Card and PayPal. 
5. If you do not wish to commence with a coaching program, you must give us at least 5 days’ written notice before we start. 
6. If you end this coaching agreement before completion of the full coaching program you are still obliged to pay our coaching program fee in full.
7. Fees are not refundable simply because you have changed your mind about participating, or missed a scheduled meeting time. Please be sure of your commitment before you start.
8. If you fall into arrears with your payments, the coaching services may be suspended until all fees have been paid.
9. Interest may be charged on any overdue payment, accruing daily from the date when payment becomes due, until the date of payment, at a rate of 8% per annum (and such interest may compound monthly after as well as before any judgment.
10. If any payment is dishonoured for any reason you may be liable for any dishonour fees incurred by us, as well as any costs and disbursements incurred by us in pursuing the debt (including legal costs and debt collection costs).

1. Confidentiality 

1. Where confidential information is disclosed to you during mentoring it is done so for your personal benefit or learning and you agree not to disclose that confidential information to any other person or entity. 
2. Some of the information that you provide to us will be information that is clearly important and confidential to you or your business. We will only use that information to provide services to you and will not share it. 
3. These obligations of confidence will cease to apply in relation to information that either party is required to disclose by any law, or which becomes part of the public domain other than as the result of a breach by the disclosing party of its obligations under this agreement.

1. Promotion

You consent to our use of your name, business name and logo, and any testimonial provided by you for the ongoing promotion of our services.

1. Intellectual Property Rights

We retain the intellectual property rights in any materials that we have developed and provided to you in the course of the coaching program.  You may use those materials for your own purposes and are not authorised to share, distribute or resell, in part or in full, those materials without our prior written permission. 

1. Third party services

If we make any third party recommendations, we do so because to the best of our knowledge they are professional and successful service providers. You are still required to do all due diligence to protect yourself and your business. If you enter into an agreement with a third party as a result of our recommendation it is still your responsibility to understand and negotiate your own agreement with them.

1. Limitation of Liability

1. You agree that the total aggregate liability to us for any claim by you in respect of any service we provide to you is limited to the amount actually paid by you to us. 
2. To the fullest extent permissible by law, and without limiting the application of Australian Consumer Law, in the event of any fault in the services, our liability will be limited at our choice to:

1. the supplying of the services again;
2. the repair of any fault in the services caused by us. 

1. This limitation of liability applies to the fullest extent permitted by law, and survives any termination or expiration of this agreement, or your use of our services.

1. General  

1. Privacy – Any personal information collected by us in the course of providing services will only be used to provide services to you and for no other purpose. 
2. Relationship – We are providing services to you as an independent contractor and nothing in this agreement should be interpreted to suggest otherwise. 
3. Assignment – Coaching is personal to you and cannot be assigned to any other person.  
4. No Waiver – Any time or other indulgence granted by us will not in any way amount to a waiver of any of our rights or remedies under this agreement. 
5. Governing law – This agreement is governed by the laws of Victoria, Australia, and you agree to be subject to the jurisdiction of the courts of Victoria, Australia if there was a serious dispute between you and us. 
6. Severability – If for some reason a clause of this agreement turns out to be unenforceable, the rest of this agreement will continue unaffected and that term will be severed. 
7. Entire agreement – Whatever ends up in this document or the attached Scope of Work is the agreement between us and anything else discussed beforehand or afterward is not part of the agreement or fees charged unless it was included. 

End.