Curated Advice - Terms & Conditions

BUSINESS COACHING SERVICES

1.0 Definitions

The following definitions apply to these Terms and Conditions:

Business Day means any day that is not a Saturday, Sunday, or public holiday in Sydney, Australia.

Coach means the Curated Advice representative assigned to provide the Coaching Services to You and the Executive.

Coaching Services means the coaching sessions delivered by Curated Advice to the Executive.

Confidential Information means all confidential or proprietary information disclosed, communicated, learned, or accessed by a party in connection with these Terms and Conditions or the Proposal, in any form. This includes, without limitation, information relating to a party’s business dealings, financial details, products or services, customers, employees, internal policies, intellectual property, or any other proprietary materials. Confidential Information excludes information that is or becomes publicly available other than through a breach of this Contract.

Contract means the agreement under which Curated Advice provides Coaching Services to You, including these Terms and Conditions and the Proposal.

Curated Advice, Our means Curated Advice ABN 62 578 313 368.

Executive means the individual receiving the Coaching Services.

Expenses means out-of-pocket costs payable by You, including approved travel costs and incidental expenses.

Fees means the fees payable for the Coaching Services, including any reimbursable expenses.

Force Majeure Event means any circumstance beyond a party’s reasonable control, including but not limited to natural disasters, extreme weather events, civil disturbance, terrorism, war (declared or undeclared), pandemics, strikes, labour disputes, transport delays, or third-party damage.

Organisation, You, Your means the party requesting the Coaching Services.

Proposal means the proposal issued by Curated Advice outlining the scope and structure of the Coaching Services.

Terms and Conditions means this document, including any schedules or annexures.

2.0 Executive Coaching Objectives

The objective of the Coaching Services is to establish a professional relationship between the Executive and Curated Advice, supporting the creation and development of personal, professional, or business goals and the strategy required to achieve them.

3.0 General

3.1 These Terms and Conditions apply to all Coaching Services provided by Curated Advice. The Contract constitutes the entire agreement and replaces all prior proposals, correspondence, or communications, whether written or oral. Curated Advice does not accept Your terms and conditions unless expressly agreed in writing.

3.2 If there is any inconsistency between these Terms and Conditions and the Proposal, these Terms and Conditions will prevail.

3.3 Any variation to the Contract must be made in writing and signed by both parties.

4.0 Coaching Services Structure

The number, duration, and frequency of sessions are as set out in the Proposal. Coaching Services will continue for a minimum of 3 months and will then continue on an ongoing basis until terminated in accordance with the termination provisions.

5.0 Fees and Payment

5.1 Coaching Services are charged at $500 per week (plus GST) per person unless otherwise stated in the Proposal.

5.2 Curated Advice may adjust the Fee at the end of the contracted period or annually (whichever occurs first) by providing 10 Business Days’ written notice.

5.3 Fees are exclusive of GST and all applicable taxes. GST will be added to all invoices where applicable.

5.4 Fees are invoiced weekly in advance and payable no later than the period specified in the Proposal or the invoice. Expenses will be invoiced monthly.

5.5 Payments must be made in Australian Dollars via bank transfer to a nominated Curated Advice account. Any objection to an invoice does not suspend Your payment obligation.

6.0 Your Obligations

6.1 The Executive is solely responsible for their progress and results. Curated Advice does not guarantee any particular outcome and does not provide therapy or counselling.

6.2 Coaching Services are not a substitute for professional legal, medical, financial, or other advice. The Executive and Organisation must seek independent advice where relevant. All decisions remain the sole responsibility of the Executive and the Organisation.

6.3 You warrant that You will:
(a) provide all required information and access necessary for Curated Advice to deliver the Coaching Services; and
(b) promptly inform Curated Advice of any relevant facts or circumstances affecting delivery of the Coaching Services.

6.4 If Coaching Services are provided at Your premises, You must ensure a safe working environment and comply with applicable workplace health and safety laws.

7.0 Our Obligations

7.1 The Coaching Services are designed as a 12-month program, with reviews at 3, 6 and 9 months. High-level review reports will be provided as agreed.

7.2 Curated Advice warrants that Coaching Services will be delivered professionally by appropriately skilled personnel. If specific staff are named in the Proposal, Curated Advice will make reasonable efforts to ensure their availability.

7.3 Curated Advice may replace staff providing the Coaching Services in consultation with You. At the Executive’s request, Curated Advice may provide a replacement coach within a reasonable timeframe.

8.0 Limitation of Liability

8.1 For all claims:
(a) all parties agree that any claim is subject to the limitations and exclusions set out in the Contract; and
(b) the Organisation and Executive’s sole remedies are:
    (i) at Curated Advice’s discretion, resupply of the Coaching Services or payment for their resupply; or
    (ii) compensation up to the liability cap in clause 8.2.

8.2 To the fullest extent permitted by law, Curated Advice’s total liability arising from the Contract is limited to an amount equal to 6 months of Fees immediately preceding the event giving rise to the liability.

8.3 Curated Advice is not liable for any delays or failures caused by a Force Majeure Event.

8.4 Curated Advice is not liable for any indirect, incidental, special, or consequential loss, including loss of income, profit, business, savings, data, goodwill, or reputation, regardless of foreseeability.

9.0 Intellectual Property

Curated Advice retains all intellectual property rights in material developed before or during the Coaching Services, including documents, reports, methodologies, and know-how.

10.0 Cancellation

If a rescheduled session cannot reasonably be arranged within an appropriate timeframe, Fees may be reimbursed on a pro-rata basis. Sessions cancelled by You or the Executive with less than 48 hours’ notice will not be refunded. Additional sessions required to replace a cancelled session will be charged at $500 per hour plus GST.

11.0 Termination

11.1 The Contract may be terminated as follows:
(a) Either party may terminate after the initial 3-month period by giving 30 Business Days’ written notice.
(b) Either party may terminate immediately if the other party:
    (i) commits a material breach and does not remedy it within 10 Business Days of notice;
    (ii) commits a material breach that cannot be remedied; or
    (iii) becomes or is likely to become insolvent.
(c) Curated Advice may terminate if any overdue amount remains unpaid more than 10 Business Days after the due date.

11.2 Upon termination, each party must immediately return all documents, materials, and property belonging to the other.

11.3 All Fees up to the date of termination remain payable.

11.4 Any clauses intended to survive termination will continue to apply.

11.5 You agree that during the Contract and for 12 months after its termination, You will not directly or indirectly employ or attempt to solicit any Curated Advice personnel involved in the Coaching Services without written consent.

12.0 Confidentiality and Privacy

12.1 The Contract and all Coach–Executive conversations constitute Confidential Information.

12.2 Each party must:
(a) not disclose Confidential Information without the other party’s written consent;
(b) disclose Confidential Information only to authorised personnel who need to know and understand their confidentiality obligations;
(c) treat any breach by its authorised personnel as its own breach; and
(d) ensure all authorised personnel protect the confidentiality of the information.

12.3 Confidentiality obligations do not apply where information:
(a) becomes public through no breach;
(b) was lawfully held without confidentiality restrictions before disclosure;
(c) must be disclosed by law; or
(d) is independently developed or acquired without breaching the Contract.

12.4 Curated Advice complies with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. You must comply with all applicable Privacy Laws relating to personal data You provide. Curated Advice accepts no liability for Your non-compliance.

13.0 Notices

13.1 Notices must be in writing and delivered, posted, or emailed to the addresses listed in the Proposal (or as updated in writing).

13.2 A notice is taken to be received:
(a) when delivered in person;
(b) two Business Days after posting; or
(c) by email, 24 hours after sending if no bounce-back is received, or when a read receipt is received.

A party may update its contact details by giving 3 Business Days' written notice.

14.0 Governing Law

These Terms and Conditions are governed by the laws of New South Wales.