By purchasing a coaching or training program with the HR Experts (International) Pty Ltd (HREI) (ACN No. – 18 664 121 833) (“HREI”) will provide coaching and training services as outlined in this agreement and any specific proposals or outlines. The parties agree to the following terms and conditions:
HR Experts (International) will:
- use reasonable efforts to provide the coaching and training services of this agreement at the times scheduled;
- ensure with best endeavours that all services are performed in a proper and efficient manner;
- ensure all confidential information of the client is kept secure and confidential. Confidential information includes all information, data, accounts, customer or employee identity and details or other documents, processes or things which the HREI may become aware of or learn as a result of carrying out the duties here-under;
- HREI will issue a tax invoice upon request;
- make known immediately to the client any potential for conflict of interest in respect to any of its other clients and shall to the best of its ability operate always in the best interests of the client;
- be responsible for ensuring adequate professional indemnity insurance.
The client will:
- comply with notification the terms and conditions;
- agrees to ensure the confidentiality of other participants on a training or coaching program;
- Agrees to sign a non-disclosure agreement;
- acknowledges that all information, data, specifications, drawings, reports, programs, policies, processes, frameworks and systems and any other documentation provided or developed by the HREI shall remain the property of HREI. The material may NOT be used by the client unless express written permission and any intellectual property created by the HREI (e.g. documentation or methodology) created by HREI in the performance of the services shall be owned by HREI;
- During the term of this agreement and for a period of five years after termination of this agreement, the Client will not:
(a) disclose any Confidential Information without HREI prior written approval; or
(b) use or allow any person to use the Confidential Information for any purpose
except to the extent the disclosure or use is required by law.
- shall pay for the provision of services as per scheduled pricing.
The client acknowledges:
- Other terms and conditions may apply and HREI will notify the client prior.
- That coaching is a collaborative, solution-focused, results-orientated and systematic process, in which the coach facilitates the enhancement of work performance, self-directed learning and personal and professional development and growth of the coachee. Throughout the coaching relationship the coach will engage in direct, personal and often challenging conversations. The client understands that successful coaching requires an active collaborative approach between the client, the coachee and the coach.
- The coach plays the role of a facilitator of change. It remains the responsibility of the client’s and coachee to enact change.
- Coaching is not therapy or counselling and thus does not aim to treat psychological problems. The client and coachee agrees to disclose details of past or present psychological or psychiatric treatment. If such issues become salient during the coaching relationship the coach may recommend referral to an appropriate and qualified specialist.
- Coaching and training is most effective when the parties are open and honest about the need for coaching. Coaching never replaces a strong performance management approach and is not a substitute for performance management.
- The client agrees to indemnify the HREI for any legal suits that arise from coaching of its employees.
- The client understand that coaching notes and program will be discussed and reviewed by the Master Coach at HREI from time to ensure the most appropriate coaching interventions.
- All information about the coach/client relationship and any written notes will remain strictly confidential, except in rare cases (detailed below) or unless otherwise agreed between the parties. The content of what will be revealed to a client organisation whose employee is the coachee will be agreed up front with all parties prior to the commencement of coaching.
- Rare disclosure cases include if the client directs HREI to disclose information to someone else (for example a manager), the coach determines that the coachee is a danger to themselves or others or where directed to by a court to disclose information. The coach may also from time to time discuss methodology and certain details of coaching with a coaching supervisor/master coach, to ensure coachee’s are given the best possible coaching. Where the coach discusses your details, the coach will ensure your identity remains confidential.
- Training is a participation exercise and participants are expected to contribute and complete action-learning tasks with their buddies or in the workplace as required.
Training and Coaching is facilitated online as per product schedule. This may include third party webinar facilities or online training course facilities.
Booking, Cancellation, and Change of Service:
- The Client agrees that once the booking is made, payment is required immediately.
- f the client needs to cancel the training event once booked, the following will be charged:-
- If cancellation occurs up to 15 working days prior to the event, a 50% cancellation fee, plus any profile and administration costs are payable
- If cancellation occurs within 15 working days prior to the event, 100% cancellation fee, plus any profile costs are payable.
- In exceptional circumstances (where the client can provide required evidence), HREI, may agree to allow the client to transfer to an alternative course without charge. However, additional fees will apply.
- To the full extent permitted by law, we expressly exclude all warranties, conditions, guarantee and representations (whether express or implied) under statute, law, equity, trade custom, prior dealings between you and us or otherwise in respect of goods and/or services that may be provided by us to you under these Terms;
- To the full extent permitted by law, our sole liability to you in respect of the services we provide is limited to the amount of the fees and charges paid by you to us under these Terms for the particular service the subject of our liability;
- To the full extent permitted by law, under no circumstances will we, any related entities or any third party provider engaged by us be liable to you or any other person for any direct, indirect, incidental, special or consequential damages, expenses, costs, profits, lost savings or earnings, lost or corrupted data, or other liability arising out of, or related to, the services or goods provided by us or a third party service provider engaged by us;
- Some warranties and guarantees are implied by law, and cannot be excluded by us, except to a limited extent. To the extent we can limit such liability, we limit our liability to (at our election):
- Supplying the services again; or
- The payment of the cost of having the services supplied again
- Nothing in these terms excludes or modifies any liability either party may have to the other for fraud or deceit or for death or personal injury caused by the negligence or the wilful misconduct of either party;
- HR Experts (International) works on the basis that participants are fully responsible for their actions and decisions. HR Experts (International) makes no representation or warranty to you that the training sessions, or activities will work for your particular circumstances and in no way guarantee any results.
- You acknowledge that the training sessions may be personally and emotionally challenging and that there may be occasions on which people may feel such challenges, including but not limited to frustration, annoyance and stress. You acknowledge that HR Experts (International) is not liable for any loss or costs incurred in the event of mental, physical, financial, emotional stress or distress caused directly or indirectly by the training sessions. You shall indemnify HR Experts (International) in the event of any such claim, including associated with you, including but not limited to your customers.
- Anything said by your facilitator, verbally or in writing shall not be constituted as advice of any kind, including, but not limited to medical, psychological, legal, financial, counselling or business advice.
- This agreement constitutes the entire agreement between the parties for the supply of specified services and supersedes all previous agreements, correspondence, representations, proposals and undertakings whether oral or in writing;
- No variation of this agreement shall be valid unless in writing and signed by the client and HREI;
- HREI will not be liable for failing to perform its obligations under this agreement as long as the failure is triggered by something beyond its reasonable control. This clause does not excuse the payment of monies due.
- This agreement shall be governed by the laws from time to time, in force in Australia;
- The invalidity, illegality or unenforceability of any provision of this agreement shall not in any way affect or impair the validity, legality or enforceability of the remaining provisions.