Terms and Conditions
Important Note: Services performed by Step Up Leadership Management are Subject to these Terms and Conditions. Please review them carefully before engaging us. If you direct us, either verbally or in writing, to undertake services, you will be deemed to have accepted these Terms and Conditions..
Conditions of Engagement
These conditions of engagement, which together with any proposal by Step Up Leadership Management to perform services (referred to here as "Agreement") apply to all services carried out by Step Up Leadership Management for our clients (referred to as "you"). Unless agreed to in writing, these terms shall apply to the exclusion of any inconsistent term, which may appear on any order form or other document issued by you. They shall apply to any variations that may be agreed or ordered in the scope of the services and to any supplementary services that may be the subject of any written or verbal agreement.
Step Up Leadership Management’s proposals will specify the services for a lump sum or a fee calculated by a schedule of rates. When schedule of rates or multiple project stages are proposed, Step Up Leadership Management may give an estimate of the total cost.
The estimate of total cost and the lump sum are based on Step Up Leadership Management’s understanding of the required scope of services. Step Up Leadership Management will endeavour to provide the services within the estimate or sum provided. If undisclosed or unexpected conditions are encountered, or the scope or services changes, then additional services may be required at an additional fee. Under these circumstances, Step Up Leadership Management will endeavour to advise you and seek your approval before undertaking work which exceeds the estimate or sum or is outside the original scope of services.
If any services are required that is outside the scope, Step Up Leadership Management will charge for such additional services at the current standard hourly rates for personnel and equipment. Hire of outside services, if necessary, will be charged at cost plus 10% for procurement.
Unless otherwise stated, Goods and Services Tax has not been included in our proposal and will be charged when applicable. Any proposal issued by Step Up Leadership Management is valid for a period of 14 days from the date it was issued, after which time Step Up Leadership Management Pty Ltd reserves the right to withdraw, review and revise the proposal for the provision of services.
Terms of Payment
At Step Up Leadership Management’s discretion, invoices will be rendered monthly or on completion of the work and are due for payment in full, without set-off, within 14 days unless separate terms have been agreed in writing. If you dispute any part of an invoice then a written schedule of the items disputed must be given to Step Up Leadership Management within ten (10) business days of receipt of the invoice.
In the event you are in default of your obligation to pay and the overdue account you will be responsible for all costs incurred by us (including legal costs on an indemnity basis) and will reimburse us for such costs on demand. Further, you agree that interest will be charged on the outstanding amount at the rate of 15% per annum.
Reports and documentation are provided for your exclusive use ,at the specific time, for a specific purpose and project; as outlined in the proposal. They should not be relied upon for other projects or purposes on the same site, or by a third party, without written agreement from Step Up Leadership Management ‘s Chief Executive Officer. This is because project details, such as statutory requirements and site conditions, may change with time affecting our recommendations and conclusions.
Step Up Leadership Management retains any intellectual property in its services.
Written reports will be provided on completion of the work. This will provide a statement of procedures and field and laboratory results (excluding asbestos works where a Certificate of Analysis for samples or a Clearance Certificate will be issued for visual clearances). Interpretations and analysis of results, and applicable comments, will be provided in accordance with our proposal. The reports will be based on normally accepted theory and practice and on the limits of information available to Step Up Leadership Management. Step Up Leadership Management will not be responsible for the adequacy of its recommendations when they are used in the field without Step Up Leadership Management being retained to observe their implementation.
One copy of the report will normally be provided and supplementary copies can be made available if required for a fee. Step Up Leadership Management can confirm the applicable fee on your request.
In Australia, statutory consumer protection laws, including the Competition and Consumer Act 2000 (Cth), give you rights which cannot be excluded. This section "Liability" is subject to the rights you have under that law and apply notwithstanding any other term of this Agreement.
Whilst Step Up Leadership Management will use its best endeavours to ensure the accuracy of its services, Step Up Leadership Management provides no warranty and makes no representation in respect of the accuracy or completeness of the services provided; or the suitability of their use for your specified purpose or any other purpose.
You acknowledge that you use Step Up Leadership Management ‘s services at your own risk and act on the basis of any service provided by Step Up Leadership Management at your own risk and Step Up Leadership Management accepts no liability in respect of any loss or damage (including consequential loss or damage) which you may suffer or incur or which may arise directly or indirectly in respect of the services supplied or in respect of a failure or omission Step Up Leadership Management 's part to comply with its obligations under this Agreement.
You will at all times indemnify and hold harmless Step Up Leadership Management and its officers, employees, suppliers and agents (referred to as "those indemnified") from and against any loss or liability incurred or suffered by any of those indemnified, arising from this Agreement or the services provided. Should, for any reason, notwithstanding this Agreement, those indemnified be liable to you under this Agreement, or for the services, then you agree that such liability will be limited to either the supply of the services again or the payment of the cost of having the services supplied again.
In the event that you wish to cancel/postpone a previously booked course; a 25% cancellation/postponing fee will apply to the cost of the proposed course or a fee of $600 may be applicable, whichever is the lesser amount. This ancellation/postponing fee will only apply in the event that you don't contact us within 5 working days of the confirmed date for the course to be undertaken.
Public Training Session
In the event you wish to cancel/postpone when previously booked onto one of Step Up Leadership Management 's public training sessions; five days' notice is required to avoid any cancellation fees. Failure to give this required notice will incur a 50% fee of the course charge.
If Step Up Leadership Management cancels a training course, Step Up Leadership Management will refund you the fee amount in full.
You must notify Step Up Leadership Management of any matter that may affect the services immediately once you become aware of it; and cooperate with Step Up Leadership Management and not interfere with or obstruct the proper performance of the services.
Step Up Leadership Management may assign, transfer or otherwise deal with its rights and obligations under this agreement by giving you written notice. You may do so with the written consent of Step Up Leadership Management.
If because of any fact, circumstance, matter or thing beyond the control of Step Up Leadership Management, it is unable to perform in whole or in part any of its obligations, Step Up Leadership Management shall be released of that obligation and shall not be liable to you whatsoever.
Changes to the Terms
Any indulgence or allowance or relaxation of these terms shall not constitute a waiver of the rights of Step Up Leadership Management under this Agreement. This Agreement is subject to change by Step Up Leadership Management upon giving you 30 days written notice.
Step Up Leadership Management may terminate the Agreement immediately if you have breached any term in any way. Step Up Leadership Management will not be held liable for loss or damage arising from exercising its rights. Any indemnities given by you and limitations on our liability will survive such termination.