Client Agreement
Terms & Conditions
The purpose of this Client Agreement is to clarify the roles and expectations for our relationship moving forward so we can both be in alignment during out time working together
My name is Lauren Stratford (ABN 98 651 329 581) and I am the owner of Seriously Sorted®. I am a certified IECL coach and HBDI® (Herrmann Brain Dominance Instrument) profiling practitioner.
My service Seriously Sorted® provides business efficiency and business management coaching and consulting services to small business owners. We help you to develop systems and processes to allow you to run your business with more ease and take control of your precious time.
This Agreement contains the entire agreement between you and Seriously Sorted® with respect to the services you have engaged us for and this agreement supersedes and prevails over any prior agreement or understanding (if any) between you and us.
Please take some time to read through the information below carefully. The purpose of this Agreement is to clarify the roles and expectations for our relationship moving forward so we can both be in alignment during our time working together.
To request amendments to, or to gain clarification about, this agreement, contact Lauren Stratford at lauren@seriouslysorted.com.au.
You are deemed to have read and accepted the Terms and Conditions (T&Cs) contained in this Agreement when you:
sign and return any hard copy version of these T&Cs;
sign and submit any electronic version of these T&Cs;
acknowledge and accept these T&Cs when booking an appointment;
AND by continuing to accept and engage the services of Seriously Sorted®.
1. Duration of offer
The services and prices as set out in this agreement remain valid for a period of fourteen (14) days from date contract is sent.
2. Contracted services
Seriously Sorted® offers 4 core services:
1. Get Seriously Sorted® - Refer to the Get Seriously Sorted service page for inclusions and fee details.
2. Stay Seriously Sorted® One-Off Consults - Refer to the Stay Seriously Sorted service page for inclusions and fee details.
3. Stay Seriously Sorted® Ongoing Program - Refer to your Client Proposal for inclusions and fee details as this service is tailored to individual client needs and a customised consulting program is developed.
4. Customised Programs & Workshops - Refer to your Client Proposal for inclusions and fee details as this service is tailored to individual client needs and a customised consulting program is developed.
Delivery of all services is location dependent. You can access Seriously Sorted® services face to face where locations permit, by phone or video conferencing.
3. Expectations
As a client, there are a number of expected tasks and responses expected from you so that the best outcomes are achieved for you. You agree:
to communicate any questions or concerns that may arise for you to Seriously Sorted® so they may be resolved as quickly as possible;
that Seriously Sorted® is not and will not be liable for any actions or inaction, or for any direct or indirect result of any services provided by Seriously Sorted®.
HBDI Profiles (if included in your program)
to complete the HBDI® survey 7 working days prior to the Debrief Session;
to provide disclosure of accurate and honest information requested by Seriously Sorted® about your business to ensure advice and strategies provided are useful and applicable.
Travel Expenses (if included in your program)
pay for pre-approved travel expenses (flights, accommodation, and taxis) for consultant travel required in the conduct of the contracted services;
that receipts for travel expenses will be provided in the monthly invoice for payment.
4. Excluded services
Unless otherwise agreed, Seriously Sorted® is not required to supply any excluded services.
Excluded services include but may not be limited to:
Management of employees, external contractors
Business administration
Financial advice or service
Human resource management
5. Disclaimer
Seriously Sorted® makes no guarantees and you accept that given the nature of the services provided by Seriously Sorted® the results experienced by every client will differ. You accept responsibility for any such variance.
6. Intellectual property, design, and ideas
Seriously Sorted® owns all Intellectual Property in designs and content including but not limited productivity and systems management plans and reports developed or conceived in the course of, or arising out of, Seriously Sorted® carrying out the contracted services.
Where applicable Seriously Sorted® permits an irrevocable, exclusive, unlimited, worldwide, royalty-free license to the client for continued use of any productivity or systems management plans and reports created by Seriously Sorted® during the fulfillment of the contracted services.
Drafts, ideas, designs, and concepts not used by the client remain the Intellectual Property of and belong to, Seriously Sorted®. Seriously Sorted® reserves the right to use such drafts, ideas, designs and concepts with other Clients.
7. Confidentiality
In working together, it is extremely important that the relationship is built on trust. As such Seriously Sorted® is committed to the utmost confidentiality. All information (written or verbal) that the Client shares with Seriously Sorted® and vice-versa, as part of this relationship will be kept confidential unless disclosure is required for staff, external parties or sub-contractors to fulfill services as part of this agreement, or if required by law (such as fear for your or another person’s safety or through a court order or subpoena).
Seriously Sorted® agrees to keep details of all sessions, strategies and plans, content, ideas, passwords, logins, client information, and associated data that is shared for purposes required to complete the contracted services confidential during and after the period of this agreement.
While Seriously Sorted® will do their best to maintain security and confidentiality of all information shared, no responsibility for the security of information shared via third-party applications such as email providers or social media platforms which may be accessible to third-parties.
Seriously Sorted® may share the nature of the meetings or service requests with another professional for the purpose of Seriously Sorted® seeking advice or guidance on how to best be of service.
If meetings are being recorded, Seriously Sorted® will inform the Client of this fact. The recordings will not be made public, in any way at any time.
The Client may not transfer or disclose the details of this agreement to any third-party.
8. Payments & refunds
Get Seriously Sorted® - Upfront payment is required for this service at the time of booking. Payment methods accepted are Credit Card, Debit MasterCard or Debit Visa.
Stay Seriously Sorted® One-Off Consult - Upfront payment is required for this service at the time of booking. Payment methods accepted are Credit Card, Debit MasterCard or Debit Visa.
Stay Seriously Sorted® Ongoing Program - Custom package payments are negotiated with each Client. Refer to your Client Proposal for terms. Payment methods accepted are Credit Card, Debit MasterCard, Debit Visa or PayPal.
Customised Programs & Workshops - Custom package payments are negotiated with each Client. Refer to your Client Proposal for terms. Payment methods accepted are Credit Card, Debit MasterCard, Debit Visa or PayPal.
Payment Plan
Payment plans apply to customised services only and may be negotiated on a case by case basis and at the complete discretion of Seriously Sorted®.
Where a payment plan is negotiated, payments are required to be paid in full by expected conclusion date of the customised program, for example, if your program runs for 3 months then a maximum of 3 installments may be agreed to.
Negotiated Payment Plan details including agreed payment amounts, due dates for payment and payment methods will be provided in your proposal or invoice.
Non-Payment
Seriously Sorted® is not obliged to begin or deliver services until the fees are paid as agreed.
Currency & Tax
All invoices from Seriously Sorted® are issued in Australian Dollars. Invoices include Goods & Services (GST) for Australian businesses only.
Pricing and service offering is valid for the term of the agreement. Seriously Sorted® is not under any obligation to maintain the same offer or pricing should the Client wish to extend the term of service unless otherwise noted.
Refunds and Cancellations
Due to the nature of the services provided, refunds do not apply to services that have been fulfilled as outlined in this agreement.
For any cancellations, Seriously Sorted® requires 48 hours’ notice in writing.
For programs that include a HBDI® Profile, due to the digital nature of this product, a full refund is not available. You may cancel this service by emailing your request for a refund less cancellation fee (see below) lauren@seriouslysorted.com.au.:
cancellation prior to commencing the survey will incur a cancellation fee of $60 per person.
cancellation of the service after commencing the service will incur a cancellation fee of $220.
9. Late Fees
The Client is responsible to ensure payments are made on time.
Please note that a seven-day’s grace period is allowed, at which point a 5% (five percent) late penalty will apply.
Seriously Sorted® reserves the right to withhold service provision until such time as the due fees are paid in full.
If a Client’s account is beyond 30-days overdue and services have been delivered, Seriously Sorted® reserves the right to turn the account to collections, at which time this agreement will be terminated and no further works will be completed.
10. Works & completion
In consideration of the client paying the due fees, Seriously Sorted® will perform the works referred to in this agreement. Seriously Sorted® agrees to complete the works outlined in the contract within 30 days of invoice, or dates agreed to, subject to any amendments by the Client.
The Client must provide requested information in sufficient detail so as to adequately define the Client’s requirements. Where the Client fails to provide instructions to Seriously Sorted® in a timely manner and in so doing prevents or otherwise hinders Seriously Sorted® in achieving completion of the works in the allocated time frame, Seriously Sorted® is not liable to the Client for failure to complete works on time.
11. Program amendments and expansion
At any time, the client is welcome to upgrade their program or adjust program inclusions depending on Seriously Sorted® availability.
Additional consultations or service requests will incur additional fees. Any additional fees that may apply will be presented to the Client in writing prior to commencement and will require agreement to changes in writing via email.
12. Role
Seriously Sorted® and associated staff and contractors are not employees or servants of the Client, but an independent contractor.
Seriously Sorted® may sub-contract any of its obligations to the Client as part of this agreement.
13. Cancellation & termination
Seriously Sorted® or the Client may terminate this agreement at any time. Project termination from either party must be completed in writing via email.
In such an event, any fulfilled services will not be refunded.
Where Seriously Sorted® terminates the agreement, any pre-paid services that have not been fulfilled will be refunded to the Client within 14 days of cancellation.
Where the Client terminates the agreement, the Client is liable to pay out the remaining due fees of the contract term within 14 days of cancellation.
All outstanding fees must be paid by the Client in full within 14 days of agreement cancellation.
14. Warranty & indemnification
Seriously Sorted® warrants that the contracted services will at all times be carried out:
diligently;
with proper care and skill; and
in accordance with the terms of this agreement.
The Client indemnifies Seriously Sorted® against all claims for any kind of legal relief whatsoever arising in any way out of or in connection with:
the carrying out of, or failure to carry out the contracted services; or
any breach of this agreement.
The indemnity does not apply to the extent that any claim is caused by the negligence or a breach of this agreement by Seriously Sorted® .
15. Dispute resolution
Subject to the provisions of this agreement, any dispute arising out of, or in connection with, this agreement must be resolved in accordance with this clause. A dispute, as referenced in this agreement, is classified as an issue that cannot be resolved between the two parties amicably.
Should any issue arise between the parties, the first process is to attempt friendly discussion and negation to attempt to come to an agreed resolution.
If an agreement cannot be made, the parties must refer the dispute to mediation by a Law Society of Victoria Approved Mediator agreed upon by the parties. Mediation commences when any party gives written notice to the other specifying the dispute and requiring its resolution under this clause.
Any mediation under this clause will be held at offices in Victoria, Australia nominated by the Law Society of Victoria, Australia unless the parties otherwise agree.
Any information or documents obtained as part of the reference under this sub-clause must not be used for any purpose other than the settlement of the dispute under this sub-clause.
If the Dispute is not resolved within thirty (30) days of the commencement of the reference under this clause either party may then, but not earlier, commence proceedings in any court of competent jurisdiction.
Each party will continue to perform this Agreement (other than in respect to the matters which are in dispute) notwithstanding the existence of a Dispute or any proceedings under this clause.
Unless a party has complied with the mediation procedure provided for in this clause for resolution of disputes that party may not commence court proceedings relating to any dispute, except where that party seeks urgent interlocutory relief.
Where a party fails to comply with the mediation procedure provided for in this clause any party in a dispute with the party so failing to comply with this clause need not comply with this clause before commencing court proceedings relating to the Dispute.
16. Limitation of liability
Liability for the services provided by Seriously Sorted® is governed solely by Australian Consumer Law and this agreement. Nothing in these Terms removes your Statutory Rights as a consumer under Australian Consumer Law.
Except for your Statutory Rights, all materials and services are provided to you without warranties of any kind, either express or implied.
To the extent permitted by law, Seriously Sorted® excludes all express or implied representations, conditions, guarantees, warranties and terms relating to any services except those set out in this Agreement, including but not limited to implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in this agreement.
Seriously Sorted® guarantees all services and advice are supplied to the Client with due care and skill.
17. Governing law
The Terms and Conditions in this Agreement are governed and construed in accordance with the laws of Victoria, Australia.
18. Waiver
No failure or delay on the part of a party to exercise any right power or remedy operates as a waiver nor does any single or partial exercise of any such right power or remedy preclude any other further exercise of them or the exercise of any other further exercise of them or the exercise of any other right power or remedy.
Thank you for reading this document.
Please note: You are deemed to have read and accepted the Terms and Conditions (T&Cs) contained in this Agreement when you:
sign and return any hard copy version of these T&Cs;
sign and submit any electronic version of these T&Cs;
acknowledge and accept these T&Cs when booking an appointment;
AND by continuing to accept and engage the services of Seriously Sorted®.