Agreement for the provision of professional services
Terms and Conditions

Thank you for registering to use our services. This website is owned and operated by Entwined Epiphanies Pty Ltd (ACN 166 921 688) trading as Fossickpoint. By receiving services from us, or services available via the website and related services, you agree to these Terms and Conditions, which include our Privacy Policy (available at https://www.fossickpoint.com.au/privacy-policy). (Terms).

You are taken to have accepted our Privacy Policy when you accept these Terms. These Terms constitute an agreement between you and us. You should review our Privacy Policy and these Terms carefully and immediately cease using our services if you do not agree to these Terms.

We may change our Terms from time to time by publishing changes to them on the website. We encourage you to check the website periodically to ensure that you are aware of our current Terms.

In these Terms:

'us', 'we' and 'our', ‘Consultant’ means Entwined Epiphanies Pty Ltd (ACN 166 921 688) trading as Fossickpoint and our related bodies corporate; and
‘Client’, ‘you’ or ‘your’ means you as the person that is receiving our services.

By registering for our services you acknowledge that you have read and understood these Terms.

BACKGROUND

A. The Client wishes to receive the Consultancy Services from the Consultant.

B. The Consultant has the skills, background and experience in providing the Consultancy Services.

C. The Consultant is willing to provide the Consultancy Services and the Client is willing to appoint the Consultant to provide the Consultancy Services, all in accordance with the provisions of this agreement.

OPERATIVE PROVISIONS

1. Definitions and interpretation

1.1. Definitions

In this agreement, the following words have the following meanings.

Claims means all demands, claims, proceedings, penalties, fines and liability (whether criminal or civil, in contract, tort or otherwise).

Client Rights and Responsibilities means the specific Client Rights and Responsibilities set out in schedule 2 to this agreement.

Confidential Information includes any information marked as confidential and any information received or developed by the Consultant during the term of this agreement, which is not publicly available and relates to processes, equipment and techniques used by the Client in the course of the Client's business including all information, data, drawings, specifications, documentation, source or object code, designs, construction, workings, functions, features and performance notes, techniques, concepts not reduced to material form, agreements with third parties, schematics and proposals and intentions, technical data and marketing information such as customer lists, financial information and business plans.

Consultancy Services has the meaning given to the term in schedule 1.

Fees means the fees set out in schedule 1.

GST Law means the same as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Intellectual Property includes trade marks, patents, copyrights, processes know-how, registered designs or other like rights or any right to apply for registration of any of the former.

Information includes information provided directly or indirectly in oral, electronic or documentary form or by way of models, biological or chemical materials or other tangible form or by demonstrations and whether before, on or after the date of this agreement.

Losses means all losses including financial losses, damages, legal costs and other expenses of any nature.

Parties means the Consultant and the Client, and Party means either one of them.

1.2. Interpretation

In this agreement unless the context otherwise requires:

(a) words importing any gender include every gender;

(b) words importing the singular number include the plural number and vice versa;

(d) references to numbered clauses, paragraphs and schedules are references to the relevant clause or paragraph in or schedule to this agreement;

(e) reference in any schedule to this agreement to numbered paragraphs relate to the numbered paragraphs of that schedule;

(f) any obligation on any Party not to do or omit to do anything is to include an obligation not to allow that thing to be done or omitted to be done;

(g) the headings to the clauses and schedules of this agreement are not to affect the interpretation;

(h) any reference to an enactment includes reference to that enactment as amended or replaced from time to time and to any subordinate legislation or byelaw made under that enactment; and

(i) the word "including" (and related forms including "includes") shall be understood as meaning "including without limitation".

2. Consultancy Services

2.1. Services provided by the Consultant

(a) The Consultant will provide the Consultancy Services according to schedule 1 to the Client. This is in consideration for the Client paying the Fee to the Consultant, subject to the provisions of this agreement.

(b) The Consultant and the Client will agree the time and place for the performance of the Consultancy Services.

2.2. Professional bodies

(a) Because of the Consultant's membership of The Australian Sociological Association and the Australian Counselling Association, the Consultant provides the Consultancy Services subject to the requirements and obligations of those bodies. These may limit or override any provisions of this agreement or anything else agreed by the Parties.

(b) The Consultancy Services call for the provision of opinions and advice and assistance. The Parties acknowledge and agree that the Consultant may give an opinion or an interpretation on a set of facts or an issue provided by the Client which is fully in accord with its obligations under this agreement and in accordance with his obligations as a member of relevant professional bodies. However, another member of the same professional body may give a different opinion or interpretation on the same facts or issue.

3. Location

The Consultant will provide the Consultancy Services in such places and locations as agreed by the Parties from time to time, including by any electronic means, such as Skype or videoconferencing. The Consultant cannot guarantee the security of third party applications or programs such as Skype or any other mode of electronic communication that the Parties may utilise in relation to the Consultancy Services.

4. Fees

(a) In consideration of the provision of Consultancy Services in accordance with this agreement, the Client will pay the Consultant the Fees in accordance with this clause and Schedule 1, or as otherwise notified by the Consultant to the Client from time to time.

(b) The Fees are exclusive of any GST that may be charged by the Consultant to the Client, and therefore, the Consultant will be entitled to add on GST.

(c) If the Client does not make a payment by the date stated in an invoice or as otherwise provided for in the agreement, the Consultant is entitled:

(i) to charge interest on the outstanding amount at the rate of 5% per year above the base lending rate of the Commonwealth Bank of Australia, accruing daily;

(ii) to require the Client to pay, in advance, for any Consultancy Services (or any part of the Consultancy Services) which have not yet been performed; and

(iii) not to perform any further Consultancy Services (or any part of the Consultancy Services).

5. Client's obligations

(a) The Client acknowledges and agrees that the Consultant may need collect and record personal information from the Client that is relevant to the Client’s situation, and without this information, the Consultant may not be able to provide the Consultancy Services.

(b) If requested by the Consultant, the Client will provide the Consultant with consent or other assistance in relation to obtaining information from the Client’s other service providers.

6. Provision of reports

(a) If the parties agree, the Consultant will may provide a report in relation to the Client.

(b) In the event that a report is provided, unless otherwise agreed by the parties:

(i) the Client will be entitled to 1 copy of any report provided by the Consultant;

(ii) the Client will be entitled to use any reports only in connection with the Consultancy Services;

(iii) the Client will not be entitled to publish any reports (or sell or make the reports available to third parties), or allow any other person to do so; and

(iv) the copyright and database right (and all other Intellectual Property rights) in the reports (or any other material created or prepared, whether or not provided to the Client, by the Consultant in performing the Consultancy Services) will belong to the Consultant.

7. Confidentiality

(a) The Consultant’s Privacy Policy applies in relation to the Consultancy Services. The Consultant’s Privacy Policy is available on the Consultant’s website at https://www.fossickpoint.com.au/privacy-policy

(b) The Consultant must keep the Client's Confidential Information confidential and not deal with it in any way that might prejudice its confidentiality.

(c) The Client and the Consultant acknowledge that information resulting from the activities of the Consultant pursuant to this agreement will also be regarded as Confidential Information and the Consultant agrees that the Consultant's obligations in clause 7(a) extend to this category of information.

(d) The Parties agree that they will under no circumstances record any session between them (whether held in person or via electronic means) without first obtaining the express, written consent from the other party.

(e) The Consultant may discuss details of the Client’s case with the Consultant’s supervisor in a de-identified manner to retain the confidentiality of the Client’s personal information.

(f) The Confidential Information does not include information which:

(i) is generally available in the public domain otherwise than as a result of a breach of paragraph 7(a) by the Consultant; or

(ii) was known by the Consultant prior to the Client disclosing the information to the Consultant.

8. Warranties, liability and indemnities

(a) The Consultant warrants that it will use reasonable care and skill in performing the Consultancy Services to the standard generally accepted within the industry, sector or profession in which the Consultant operates for the type of Consultancy Services provided by the Consultant.

(b) The Consultant provides no warranty that any result or objective can or will be achieved or attained at all or by a given completion date, or any other date, whether stated in this agreement or elsewhere and provides not warranty in relation to suggested resources or third party providers.

(c) The Client must indemnify and hold harmless the Consultant from and against all Claims and Losses arising from loss, damage, liability, injury to the Consultant, its employees and third parties, infringement of third party intellectual property, or third party losses by reason of or arising out of any information supplied to the Client by the Consultant, its employees or consultants, or supplied to the Consultant by the Client within or without the scope of this agreement.

(d) Each of the Parties acknowledge that, in entering into this agreement, it does not do so in reliance on any representation, warranty or other provision except as expressly provided in this agreement, and any conditions, warranties or other terms implied by statute or common law are excluded from this agreement to the fullest extent permitted by law.

9. Termination

(a) Notwithstanding anything in this agreement to the contrary, either Party may terminate this agreement by notice in writing to the other if the Party notified fails to observe any term of this agreement and fails to rectify this breach, to the satisfaction of the notifying Party, following the expiration of 7 days’ notice of the breach being given in writing by the notifying Party to the other Party.

(b) Notwithstanding anything in this agreement to the contrary, either Party may terminate this agreement by giving at least 7 days’ notice by one Party to the other Party of the intention to terminate this agreement;

(c) On termination of this agreement, the Client must pay for all Consultancy Services provided up to the date of termination, and for all expenditure falling due for payment after the date of termination from commitments reasonably and necessarily incurred by the Consultant for the performance of the Consultancy Services prior to the date of termination.

10 General

10.1 Force majeure

(a) Neither Party has any liability under or be deemed to be in breach of this agreement for any delays or failures in performance of this agreement which result from circumstances beyond the reasonable control of that Party.

(b) The Party affected by such circumstances must promptly notify the other Party in writing when such circumstances cause a delay or failure in performance and when they cease to do so.

(c) If such circumstances continue for a continuous period of more than 6 months, either Party may terminate this agreement by written notice to the other Party.

10.2 Assignment

(a) The Client may not assign, delegate, subcontract, mortgage, charge or otherwise transfer any or all of its rights and obligations under this agreement without the prior written agreement of the Consultant.

(b) The Consultant may assign and transfer all its rights and obligations under this agreement to any person to which it transfers all of its business, provided that the assignee undertakes in writing to the Client to be bound by the obligations of the assignor under this agreement.

10.3 Entire agreement

(a) This agreement contains the whole agreement between the Parties in respect of the subject matter of agreement and supersedes and replaces any prior written or oral agreements, representations or understandings between them relating to such subject matter.

(b) The Parties confirm that they have not entered into this agreement on the basis of any representation that is not expressly incorporated into this agreement.

10.4 Waiver

(a) No failure or delay by the Consultant in exercising any right, power or privilege under this agreement will impair the same or operate as a waiver of the same nor will any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right, power or privilege.

(b) The rights and remedies provided in this agreement are cumulative and not exclusive of any rights and remedies provided by law.

10.5 Further assurance

Each Party to this agreement must at the request and expense of the other execute and do any deeds and other things reasonably necessary to carry out the provisions of this agreement or to make it easier to enforce.

10.6 Severance

If any provision of this agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this agreement and rendered ineffective as far as possible without modifying the remaining provisions of this agreement. It will not in any way affect any other circumstances of or the validity or enforcement of this agreement.

10.7 Notices

A notice or other communication connected with this agreement has no legal effect unless it is in writing. In addition to any other method of service provided by law, the notice may be sent by pre-paid post to the address of the addressee as set out in this agreement, or sent by facsimile to the facsimile number of the addressee.

10.8 Work, health and safety

The Consultant shall comply with all relevant work, health, safety and welfare standards and regulations determined by the Company or as prescribed by legislation.

10.9 Law and jurisdiction

This agreement takes effect, is governed by, and shall be construed in accordance with the laws from time to time in force in Victoria, Australia. The Parties submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

SCHEDULE 1

Consultancy Services and Fees

Consultancy Services

(a) Counselling sessions, Coaching sessions, Individual and group Consultations, Online courses and webinars, packaged video training materials, Packaged Coaching, consultation sessions

Fees

(a) As advertised online at the time of purchase.

(b) As per special promotions or packages advertised at the time of purchase or offered in writing.

(d) Cancellation fees: you will be charged 50% of the booked fee if you cancel or postpone your appointment with less than 24 hours’ notice and 100% of the booking fee for no-shows or cancellations within 3 hours of the scheduled appointment time.

Fees are subject to change. In the event that this occurs, you will be notified in writing prior to your session.

SCHEDULE 2

Client Rights and Responsibilities

Fossickpoint believes that every person is a unique individual and should be treated as one.

Clients have the right to:

Considerate and respectful support of the highest standard, regardless of their social status, age, race, gender, culture, language, sexuality, spirituality, or political belief.  
Adequate information to make an informed choice about participation in services and programs.  
Appropriate and comprehensive information about services and treatments.  
Make the decision to accept or refuse services and/or support.  
Choose what information they disclose about themselves.  
Involve a support person or advocate at any time.  
Contribute to decisions regarding their care and support.  
Expect that personal information will be handled in accordance with relevant privacy  laws.  
Expect that your privacy and confidentiality will be protected in line with relevant laws.  
Access information contained in their client record file, in line with relevant laws.  
Voice their concerns or formally complain about the service they are receiving.

Clients have the responsibility to:

Be respectful and courteous of others, including staff and other clients.  
Respect the rights, opinions and needs of others involved in any group programs.  
Take responsibility and accept the consequences of their own informed decisions.  
Provide accurate information about oneself to receive the best service and/or care.  
Maintain confidentiality regarding information about other clients.  
Be respectful of the centre’s property.  
Understand that the counsellor may disclose information when there is an imminent  risk to someone’s life.  
Attend the service in a fit state (not under the influence of illicit drugs or alcohol)  
Keep your scheduled appointment time. If you need to cancel or reschedule, please  contact me 24 hours before the appointment.  
Pay scheduled fees on the day of the appointment by card or cash if at the centre, or  48 hours before the services are provided by bank transfer such as in the provision of a Zoom appointment or any other similar arrangement.

Agreement for the provision of professional services Terms and Conditions

Agreement for the provision of professional services
Terms and Conditions