Contract Terms 2018-09-06T01:10:22+00:00

CONTRACT AGREEMENT

Terms and Language

1. Code of Conduct

2. Use of Media

3. Access to restricted materials, websites, and copyright of printed materials distributed during the course of the services.

4. Disclaimer

5. Payment & Consumer Rights

6. Data Protection

7. Transfer of rights and obligations

8. Events outside our control

9. Termination

10. Severability

11. Agreement

– END –

Terms and Language

In this agreement the terms ‘Client’, ‘you’, ‘your’, ‘they’, ‘their’, ‘them’, ‘student’ shall mean the purchaser of any ‘Products’ or ‘Services’ provided by Local Smart Connect Website Design and and Development Services, who has completed the order form electronically or in person or purchased the ‘Services’ over the telephone, online or other method of ordering, thus entering into this contract and agreement.

‘us’, ‘our’, ‘we’, ‘the Organisation’ shall mean the trading names Local Smart Connect Website Design and and Development Services (Eagles IV Pty Ltd ATF Jet Family Trust), and NOT any individual.

‘services’ shall mean the website design, management, website development, video training, meetings, phone calls (recorded or not), suggestions via any forum and through any other means including email, and training support, all other services provided and educational information and know how delivered in any way.

‘Experts’ shall mean any experts/special guests/advisors that are introduced or bought in to offer value during the course of the Services.

The terms ‘contract’, ‘terms’, ‘agreement’ shall mean this entire writing from the word “START” above to the word last word “END”.

1. Code of Conduct

1.1 The Client agrees to behave with professionalism during and after the Services are provided. This includes participation at events. The Client agrees not to undertake any activity or behaviour that would be considered offensive or prejudice toward staff, Mentors, fellow Clients, helpers, programmers, writers and experts. If the Client has any issues, the Client will raise them in a professional and discreet manner by speaking with the any member of the Client Experience team via telephone: (AUS) +61 (0) 3 6248 5037  Mobile: (AUS) +61 (0) 428 581 183 or by emailing eaglesiv@dodo.com.au

1.2 The Client also agrees to uphold the privacy of his fellow Clients and keep discreet any private and personal information learned in the sessions. Proven breach of this clause will result in the Client being removed from access to all restricted areas, and the Client being permanently expelled from Services without any refund or financial remedy, and all outstanding fees payable within seven days.

2. Use of Media

2.1 We may record by both video and audio in order to provide some media to our clients via post, Internet and restricted access websites – run and or owned by The Organisation. The Client agrees that in order for them to be recorded, their expressed desire to do so will be sought in verbal and written format prior to their being recorded during the course of the Programme for the purposes mentioned above, and agrees that The Organisation may use pictures taken during the course of the Programme for marketing purposes only with that expressed permission. The Client understands, in these circumstances, that all or part of the Programme (including pictures and recordings) may form part of a product in the future, which will be solely owned by The Organisation or its partners/assigns.

2.2 The Client understands that they cannot secretly record any part of the counselling, training or support, without the expressed permission of the counsellor, trainer or support person, and that if they do record such contact sessions, that it is used solely for the client’s personal use, and not distributed in any form. Breach of this term may result in legal action – and such a recording will constitute breach of copyright.

2.3 The Organisation may use testimonials provided by the Client on our website, via email, or by post, for promotional purposes without permission of the Client without limitation in time. All reasonable attempts to remove identifying information pertaining to the client will be assigned prior to making such testimonials public. If you do not wish to have your testimonial used, you must inform the client experience department. Email info@clarissaleary.com

2.4 THE CLIENT AGREES NOT TO PLAUGURISE OR PERMIT TO BE PLAGURISED ANY OF THE CONTENT TAUGHT; THIS INCLUDES REVEALING ANY STRATEGIES OR TRAINING TO THRID PARTIES AND PASSING IT OFF AS YOUR OWN. YOU ALSO AGREE THAT SHOULD YOU WISH TO TEACH THE CONTENT YOU HAVE ACQUIRED/LEARNED THROUGH US, YOU WILL DO SO UNDER LICENSE WITH OUR ORGANISATION ONLY. BREACH OF THIS INTELLECTUAL PROPERTY CLAUSE WILL RESULT IN LEGAL ACTION AGAINST YOU.

3. Access to restricted materials, websites, and copyright of printed materials distributed during the course of the services.

3.1 The Client agrees not to duplicate in part or full any material provided through the services without permission. The Client also agrees not to provide access to restricted websites to any individual. The Client also agrees not to breach the copyright of any materials by re-writing or reproducing content. The Client is forbidden to resell any content without prior permission from The Organisation.

3.2 Save as required by law or in respect of information which is already in the public domain through no breach by you of the provisions of this clause, you shall keep in strict confidence all technical and commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to you by us (or our employees, agents, consultants or sub-contractors) and any other confidential information concerning our business or the services or materials which you may obtain.

3.3 You shall not use any such information for any purpose other than to attend, participate and, where capable, complete the relevant services.

4. Disclaimer

4.1 The Services are provided as educational information and intended as guidance only. The Client agrees that they will use their own judgment and confirm all suggestions given to them by the Organisation are right for them using legal, moral, accounting and any other third party consultation chosen by the Client external to the Services.

4.2 Suggestions and guidance provided during the course of the Services should not be deemed explicitly advisory. The Client is advised to seek professional advice before acting upon any educational information.

4.3 Experts invited into the Services to participate are invited to add value and impart technical expertise. Nevertheless, they are invited for educational purposes only and listed solely for the Clients reference. You should check experts for their suitability to your objectives.

4.4 The Client nominates to indemnify The Organisation indefinitely, from any legal suits or action resulting from any actions The Client or their associates take following suggestions and guidance provided in the services.  The Organisation or any employees or its management will not be held responsible, under any circumstances, for any loss, injury, accident or death resulting from any actions taken during and after or during use of the services.

4.5 The Organisation will make every effort to ensure that we accurately represent the products and services and their potential for life change. Life and Relationship Transformation statements made by our Organisation and its customers are estimates of what we think you can possibly achieve. There is no guarantee that you will achieve these levels of change and you accept the risk that the personal and relationship change differs by individual.

4.6 As with any relationship, your results may vary, and will be based on your individual capacity, personal experience, expertise, willingness, and level of desire. There are no guarantees concerning the level of success you may experience. The testimonials and examples used are exceptional results, which do not apply to the average purchaser, and are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s success depends on his or her background, dedication, desire, motivation and personal commitment. It is the Clients responsibility to implement the strategies provided with our educational Services.

4.7 For the avoidance of doubt, there is no assurance that examples of past successes can be duplicated in the future. We cannot guarantee your future results and/or success. There are some unknown risks in relationships, business and on the internet that we cannot foresee which can reduce results. For the avoidance of doubt you agree that we are not responsible for your actions.

4.8 The use of our information, products and services should be based on your own due diligence and you agree that our Organisation is not liable for any success or failure of your relationships or business that is directly or indirectly related to the purchase and use of our information, products and services.

5. Payment & Consumer Rights

5.1 Any deposit for the Services is non-refundable. Equally any fees paid towards the Services are also non-refundable irrespective of whether the Client decides not to utilise the services. The Client accepts that their payment to The Organisation is made in good faith (where The Organisation should have no reason to believe that the Client shall pay partially or fully for the Services only to seek a refund or action a charge-back).  Each Client is given a place on the Services usually at the expense of another client not being able to join. Therefore cancellation would result in a loss that The Organisation is within its rights to pursue.

5.2.1 Where a Monthly Instalment Plan is agreed, the Client agrees to pay each month as agreed by cash, cheque, money order, direct debit or credit/debit card, on an uninterrupted monthly basis, without break, missed payments or avoidance to pay.  The payment should reach us on the exact date agreed whether by automated or other payment means. If payment is not received after 1 day of the date it is due, the Client authorises The Organisation to deduct the amount from any card details we have on file at any time to minimise breach of this agreement and fines, without the need for announcement that the funds will be deducted. The Client agrees not to charge-back any payments, which are within the scope of the fees agreed for deduction or in the scope of this agreement. The Client agrees to ensure at least one valid credit/debit card is provided to be kept on file by the Company at all times.

5.2.2 The Client agrees to pay an administration fee for each missed date, payment attempt, or other declined payment with a maximum of one fee per day. This fee for default in payment is in addition to the actual instalment due. The scale of fees for default of payment is as follows:

  • Due $1 – $499 the fee is $20.00,
  • Due: $500 – $1,000 the fee is $30.00,
  • Due: $1,000 – $10,000 the fee is $125.00,
  • Due: $10,000+ the fee is $250.00
  • A further additional 3.5% interest will be charged on over due amounts per calendar month so long as the amount remains outstanding and unpaid.

Legal action may be taken for the full balance after 7 days. The Client agrees to cover all costs for legal action including but not limited to The Organisation’s Further Action Administrative Costs ($500.00), court fees, debt recovery fees and solicitors fees.

5.3 The Client agrees not to action any third party remedy to complaints (including charge-back’s, court action or any other remedy) without first informing us that they are unhappy that any aspect of the service they were sold is not being provided in accordance with the offer of sale; and allowing The Organisation up to fifty (50) working days to fully remedy the matter to the level of service sold. The client agrees to continue paying as agreed for The Services during any dispute in accordance with clause 5.2.1. A dispute does not remove the obligations of either party in this agreement.

5.4 The Client agrees that should the Services start within 7 working days or less, the 7-day cooling off period offered by Consumer Regulations is not applicable, and therefore there is no option of cancellation of the Services once we have taken the Clients payment/deposit.

5.5 The ‘Start of the Services’ is deemed as the payment being taken followed by the  initial welcome email being sent from our system, which may or may not include an online video for you to start/watch (even if you do not watch or complete this or start using any of The Services within those 7 days).

5.6 Should it take longer than 7 days before you start using the Services, and you are contracting as a consumer, you will be entitled to a cooling off period of 7 days within which you may cancel your Services and receive a refund of all monies.  The provisions of this clause 5.6 do not affect your statutory rights. Should the client wish to cancel the services the client must pay the remaining and any outstanding monies and forfeit the provision of the Services.

5.7 To cancel this Contract, you must inform us in writing, before you receive the Welcome Email. And we must confirm your cancellation is accepted.  The Client must also return all course materials immediately by registered mail, in the same condition in which you received them, and at your own cost and risk. You must not have watched any of the course content online (we can track this). You have a legal obligation to take reasonable care of the course materials while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

5.8 The Client agrees that cancellation of a direct debit/standing order, a granted charge-back or cancellation of his or her bankcard does not constitute a cancellation of the Services. Neither does avoidance to pay. The client also agrees that if they make any request to the bank to remove authority for The Organisation to take payments from any card on file this request will not need to be upheld by The Organisation in accordance with this agreement and they authorize the bank to uphold the payment.

5.9 The Client is cautioned that due to the very nature of emails, the internet and postal systems being unreliable, the Services and their obligations to this agreement shall stay in force until the Client receives a confirmation of cancellation letter from the Organisation. You agree that if you have not received a Confirmation of Cancellation letter or email within 21 days of sending a cancellation request, the request shall be deemed denied and the Services and your obligations shall continue as herein agreed.

5.10 The Client agrees that without giving prior notice, The Organisation at it’s discretion, may use an intermediary management company to support the provision of The Services or a third party to process payments due to The Company for the services. Any such company will comply with any regulations concerning privacy, confidentiality and management of client information in an agreement with The Organisation.

5.11 You agree to keep the Organisation informed of any change of phone number, email address and postal home address during your Service provision.

6. Data Protection

6.1 The Organisation will treat all confidential information of The Client at the utmost confidentiality. All staff and suppliers are held to a confidentiality agreement. We ensure any means of transmitting private information are within secure formats.

6.2 All information provided by the Client to The Organisation is entered into The Organisation’s secure online database. The Organisation’s online database is managed by a non-EU supplier and this will result in data being transmitted securely through multiple servers globally.

6.3 The Organisation will not sell your data to any third party. We respect your privacy – and we are anti-Spam compliant. The Organisation may send you promotional information but will not sell your details to any third party.

7. Transfer of rights and obligations

7.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.

7.2 You may not transfer, assign, charge or otherwise dispose of this Contract, or any of your rights or obligations arising under it, without our prior written consent.

7.3 We may transfer, assign, charge, sub-contract or otherwise dispose of this Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

8. Events outside our control

8.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (each being a Force Majeure Event).

8.2 A Force Majeure Event, without limitation, includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (but without limitation) strikes, lockouts or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; the acts, decrees, legislation, regulations or restrictions of any government.

8.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period unless we decide that the Contract should be terminated. Should we decide to terminate the Contract we will notify The Client in writing. The fees paid prior to such termination will not be refundable and The Client agrees to settle any outstanding monies or other obligations.

9. Termination

We reserve the right to terminate the Contract immediately without liability if:

9.1 subject to clause 9.2 below, you fail to complete by non or limited activity or co-operation the relevant Services within 16 weeks of the end date of the Service Term; or

9.2 In our opinion you cause disruption on any Service that negatively impact Staff, Contractors, other Clients or potential Clients or take any action that brings us (or any of our employees, agents, consultants or sub-contractors) into disrepute or adversely affects our goodwill or reputation. In this case The Client agrees to pay damages of $25,000 within 7 days of the infraction or such infraction being discovered by The Company. Or other amount agreed plus any legal costs for the remedy to be rectified.

9.3 The Client agrees that they have no right of termination of this contract save for the provisions of clause 5.6 above.

9.4 The Company reserves the right to employ the services of a mediator if there has been a breakdown in communication or the relationship. The purpose of this mediation is to bring the parties back to a working relationship so that the Services may be resumed. Both parties agree to this process if there is a problem; after all other methods of communication/resolution have been exhausted and before any legal action have been taken.

10. Severability

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

11. Agreement

11.1 By registering for, or starting, or continuing the Services, The Client agrees to be bound by these terms, which are enforceable in the jurisdiction where the client lives or other jurisdiction decided by The Organisation.

11.2 In the event of the Organisation being held legally liable in any respect, the Client agrees that our highest liability will be limited to the 10% of the fees paid which will be settled by cheque within 45 days.

11.3 The Organisation reserves the right to revise these terms and conditions without prior notice or the need for announcement. The client agrees to be bound by any such changes in the terms and conditions and agrees to periodically check our websites –

https://www.clarissaleary.com/contract-terms/

for amendments and agrees to be bound by any changes to these terms.

11.4 All notices or correspondences should be sent to the address:

Eagles IV Pty Ltd ATF Jet Family Trust

Po Box 470 | Rosny Park | Tasmania | 7018

In the event that we may move or change address the Client agrees to check https://www.clarissaleary.com/contact-clarissa/ for the up to date address before sending any correspondences.

11.5 This clause constitutes the end of the agreement.

12. Additional Information

Local Smart Connect – Contract Conditions

If you also request work from our Website Development and Marketing Services, please read below:  (Eagles IV Pty Ltd ATF Jet Family Trust, ABN: 24 059 620 032)

Here are your contract conditions:

  • If we are doing a new website for you, it is your responsibility to give us all information that is needed to complete your website within an appropriate timeframe, if you do not provide logo’s, content, approvals on theme’s and headers, within 30 days of accepting our contract to start work, you will be required to pay in full any contract that you have agreed too, and your monthly service will start automatically after the 30 days.
  • Your monthly contract will still be in force until expiry, even if you request your site to be placed into Maintenance Mode or you do not provide us with the relevant information.
  • It is your responsibility as the client to do the Final Check of all website changes, content/image/video adding and proof reading of content on your website.  While we try to ensure that we have followed your instructions accurately, your final approval is your responsibility.
  • If we are writing content for you, it if your responsibility to provide as much information about your business as you can.  You will have 3 days to approve the content.
  •  Payment terms for works are: – Deposit 60%, part payment 30%, final payment 10%.  Payments are to be made within 14 days of acceptance of the contract or after completion of all works.
  •  Monthly Services are paid at the beginning of each month (no later than 3rd) and are due in advance.
  •  Any Hosting or Domain Services ordered through us are to be paid for the contract term agreed being 12 months, 2 years etc.

The Client is personally liable with respect to costs associated with the work performed.  That failure to make payment in accordance with the agreed incurs a 3.5% per month and each and every month that the account is unpaid.  Our terms are 14 days from the date of the invoice.  That if due to failure by the client to make payment in accordance with the terms of agreement results in the consultant/business engaging a collection agency incurring costs with respect to that engagement, the consultant/business is entitled to recover those costs from the client.

This agreement is part of the Contract Agreement and you are agreeing to all terms and conditions set out online: https://www.clarissaleary.com/contract-terms/

The Client is required to download this part of the document and sign and return to info@clarissaleary.com before commencement of work with your deposit.

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