Mentoring Program Terms & Conditions
These Terms and Conditions (Terms) govern the relationship between the Parties.
You are the client, and Your details are set out on the Proposal.
Powerful Steps Pty Limited (ACN: 61 504 900) t/a Powerful Steps of Level 2, 55 York Street Sydney New South Wales 2000 (‘Powerful Steps’).
Powerful Steps specialises in mentoring programs, tailored to the Client’s needs and requirements (the ‘Services’).
You have engaged Powerful Steps to provide the Services. By continuing to work with Powerful Steps after receiving these Terms, You accept the Terms and agree to the below.
These Terms are read in conjunction with the Proposal provided to You at the time of providing these Terms (the ‘Proposal’).
2. The Engagement
2.1. Powerful Steps agrees to perform the Services for You, for the Fees, as set out in the Proposal.
2.2. Powerful Steps agrees to commence the Services upon acceptance of the Proposal and these Terms, and upon payment of the required Fees as invoiced to You.
2.3. Powerful Steps will only provide You with a refund of the Fees in the event they are unable to continue to provide the Services (the ‘Refund’).
3. Fees and Invoicing
3.1. You agree to pay Powerful Steps the Fees set out in the Proposal.
3.2. You agree to make Payment of the Fees upon receipt of Invoices from Powerful Steps, by the method and due date in each Invoice.
3.3. In the event that any payment under these Terms is not made in full on the due date, Powerful Steps is entitled to charge You interest at the rate of 5% per annum, calculated daily.
3.4. You agree that if You default on any payments due and payable under this Agreement, any costs incurred by Powerful Steps for steps taken to enforce payment terms will be recoverable and payable by You.
3.5. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, exclusive amounts. Where the services are provided outside Australia, GST is inapplicable.
4. Intellectual Property Rights
4.1. You agree that any works, items, materials or information of whatever nature produced or developed by Powerful Steps or under Powerful Steps’ direction pursuant to or in the course of providing the Services will remain the sole and complete property of Powerful Steps, whether such property is tangible or is in the nature of industrial and Intellectual Property Rights (including copyright and rights of Confidential Information).
4.2. If You have fully complied with this Agreement and if the works, items, materials or information referred to in clause 4.1 have been produced by Powerful Steps as part of the Services, Powerful Steps grants You a non-exclusive and non-transferable license to use such works, items, materials and information for such purposes as the parties reasonably contemplate at the commencement date.
4.3. There is no assignment of Intellectual Property Rights by Powerful Steps to the Client pursuant to this Agreement.
4.4. Nothing in this Agreement affects the Moral Rights in any works, items, materials or information supplied pursuant to this Agreement.
5. Cancellation and Rescheduling
5.1. You must notify Powerful Steps of an intention to cancel the scheduled Services as soon as practicable in writing by email, in which case the following cancellation policy will apply (‘the Cancellation Policy’).
5.2. Both Parties agree to reschedule one-on-one sessions in writing.
5.3. Powerful Steps understands that things change, and therefore if you need to make a request to alter your one-on-one session time you agree to provide at least 2 business days’ notice. Unfortunately, if you have to make changes within 2 business days of your scheduled session, you will forfeit the session, and the Fees involved.
5.4. If Powerful Steps foresees being unable to undertake the Services on the agreed date and time, Powerful Steps will inform You as soon as practicable and will reschedule the Services.
6.1. You are solely responsible for creating and implementing Your business, career, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the mentoring relationship and Your interactions with Powerful Steps. As such, You agree that Powerful Steps is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any Services provided by Powerful Steps.
6.2. Powerful Steps will use its best efforts and take all reasonable steps to help You achieve the desired results. However, Powerful Steps makes no warranty that the Services will meet Your requirements or that all clients will achieve the same results.
6.3. You understand that in order to enhance the coaching relationship, You agree to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully.
Powerful Steps’ total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to You.
8. Force Majeure
8.1. If circumstances beyond Powerful Steps’ control prevent or hinder its provision of the Services, Powerful Steps is free from any obligation to provide the Services while those circumstances continue. Powerful Steps may elect to terminate this Agreement or keep the Agreement on foot until such circumstances have ceased.
8.2. Circumstances beyond Powerful Steps’ control include, but are not limited to, unavailability of materials or components, pandemics, strikes, lockouts, riots, natural disasters, fire, war, acts of God, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.
8.3. For the sake of clarity, if in Powerful Steps’ reasonable opinion, the provision of the Services will be affected by the covid-19 Pandemic, Powerful Steps may suspend the provision of the Services in part or in whole to You indefinitely. Additionally, Powerful Steps will not be liable for any losses or damage due to the covid-19 pandemic. If You choose to cancel an agreement due to the covid-19 pandemic, cl. 5 will apply.
9. Disclosure and Use of Confidential Information
9.1. All obligations of confidence set out in this Agreement continue in full force and effect after the completion of the Services.
9.2. Powerful Steps must not disclose any Confidential Information to any third party, including the customer and/or its agents, employees or servants, without Your prior consent.
9.3. This Agreement prohibits the disclosure of Confidential Information by Powerful Steps with exception to the following circumstances:
i. the disclosure is to a professional adviser for it to provide advice in relation to matters arising under or in connection with this Agreement has consented to the disclosure of such information to the professional adviser;
ii. the disclosure is required by applicable law or regulation; or
iii. if the confidential information is already in the public domain at no fault of Powerful Steps.
10. Dispute Resolution & Mediation
If a dispute arises out of, or relates to this Agreement, either party may not commence any legal proceedings in relation to the dispute, unless they attempt to resolve the disagreement in good faith, through an appropriate mediator to be appointed by independent third party, as agreed, or his or her nominee and attend a mediation.
11. No partnership or agency
Nothing contained or implied in this Agreement will create or constitute, or be deemed to create or constitute, a partnership between the parties. A party must not act, represent or hold itself out as having authority to act as the agent of or in any way bind or commit the other parties to any obligation.
12. Governing Law & Jurisdiction
This Agreement is governed by the laws of New South Wales, Australia. In the event of any dispute arising out of or in relation to the Services, Powerful Steps agrees that the exclusive venue for resolving any dispute shall be in the courts of Australia, situated in New South Wales, Australia.
Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such provisions in any other jurisdiction.
14. Entire Agreement and Modifications
Both You and Powerful Steps confirm and acknowledge that this Agreement and the Invoice constitute the entire agreement between You and Powerful Steps and shall supersede and override all previous communications, either oral or written, between the parties.