Sales Terms and Conditions

These are the Terms and Conditions which govern the supply of business mentoring products (including online courses and webinars, resources and templates) and services (including individual and group coaching and Website and Branding Services) by SOLOSTART CONSULTING (ABN 26277653303) (SOLOSTART CONSULTING, Us, we) to you.

Please read these terms and conditions carefully, as they can only be waived or varied in writing by us. By proceeding to purchase and/or commit to receiving products or services from us, you’re indicating to us that you’ve read, understood and agreed to enter into a binding agreement with us on these terms and conditions. You also warrant that you are at least 18 years of age.

If you have any questions or concerns about our terms and conditions, please don’t hesitate to get in touch with us.

PRODUCTS AND SERVICES COVERED BY THESE TERMS

Scope of Products and Services

Our business mentoring products and services are described on our website located at www.solostartconsulting.com

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The scope of any business coaching/mentoring products (including webinars), is as set out on the relevant product information page on the Website. That writing (as at the date of this agreement) forms part of this agreement between us.

The scope of individual business mentoring services is as agreed between us in writing (including via email or package prospectus). That writing forms part of this agreement between us.

The scope of website design and branding services is as set out on the services page on the Website. That writing (as at the date of this agreement) forms part of this agreement between us.

The scope of software setup services is as set out on the services page on the Website. That writing (as at the date of this agreement) forms part of this agreement between us.

International Users

You understand that we located within Australia and our content, products and services are informed by our Australian training and experience. We make no warranty, guarantee or representation that any content, product or service will be available or suitable for use outside of Australia. You understand that you are fully responsible for compliance with local laws. You agree not to access our content, products or services in any country or in any manner prohibited by local laws.

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Individual Business Coaching Sessions  

If you purchase individual business mentoring services, an appointment time will be agreed between us in writing via email. Individual business mentoring sessions may be rescheduled provided you give us at least 48 hours’ notice.

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We will agree to reschedule an individual business mentoring session provided that:

1. you give us at least 48 hours’ notice,

2. you can commit to completing the session within the following 7 days

3. you have not previously rescheduled the session, and

4. you are not otherwise in breach of this agreement.

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If you fail to attend a pre-agreed appointment time, you will be deemed to have waived your right to receive the session.

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Group Calls

If you purchase a product or service which includes access to attend a group call (for example, a live webinar or group coaching session), the call will be held via Zoom, or such other platform as we nominate from time to time.

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Group calls are held on the date and at the time specified by us and are subject to change by us on reasonable notice to you. You must conduct yourself on group calls in accordance with our Community Guidelines, located at the bottom of this page.

If you breach the Community Guidelines, we may (without limiting our other rights under this agreement) turn off your microphone or video input or remove you from the group call for part or the entire duration of the call. Serious breaches may result in you being prevented from attending or participating in future group calls.

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Digital Products

If you purchase a digital product or a service which includes a right to receive a digital product (such as a workbook or template), the following terms apply:

1. Access – Digital products are delivered by email, or otherwise accessed via an online portal. Once you have completed your purchase, your product or online access details will be emailed to you. If you do not receive your product or are unable to access it, please contact us at hello@solostartconsulting.com. 

2. Delivery Address – It is your responsibility to make sure that your email address details are correct. You will be solely responsible  for any incorrect or failed delivery if you don’t supply current, accurate email address details. If after a failed delivery you do not respond within 30 days to a request for an alternative email address for delivery, you will be deemed to have waived your right to receive the product.

3. Not redeemable – Products are non-transferable and are not redeemable for cash or credit.

4. Liability for charges – You are responsible for any charges you may incur from your internet provider for downloading or accessing digital products.

5. Refunds – If your product is defective on delivery so that it is unable to be accessed (for example, because the file is corrupted), please contact us at hello@solostartconsulting.com.

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Please note that you are required to inform us of any fault with the goods in the period from delivery until the fault or problem would reasonably be expected to appear. Based on the nature of our products, we estimate this period to be approximately 7 days.

Nothing in this clause limits your rights under the ACL.

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OTHER TERMS AND CONDITIONS

Platform Terms and Conditions 

We utilise online platforms to help deliver our products and services to you. It is essential that you agree to their Terms of Use to access and/or interact with our products and services which utilise these platforms. We will not be responsible if you are not able to access any product or service (or any component or any offering) caused by any failure by you to agree to any platform provider’s terms or any breach of their terms by you.

These platforms are as follows:

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Zoom

Individual mentoring sessions, live webinars

https://explore.zoom.us/en/terms/

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Facebook

Solo private practice community support

https://www.facebook.com/terms.php

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Stripe

Payment processing

https://stripe.com/au/legal/checkout

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PayPal

Payment processinghttps://www.paypal.com/au/webapps/mpp/ua/useragreement-full

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EXCLUSION OF COMPETITORS

If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor. We expressly exclude and do not permit you to use or access the Website, to download any documents or information from the Website or obtain any such documents or information through a third party. If you breach this term, then we will hold you fully responsible for any loss that we sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. We reserve the right to exclude and deny any person access to the Website, products and services in our sole discretion.

PRICING AND PAYMENTS

eCommerce

While we take every care to make sure our Website is accurate and up to date, from time to time mistakes may occur (for example, a pricing error or inclusions error).

Please note that when you submit an order to purchase a product or service, no agreement is formed until we process and accept your order and send you a confirmation. If there’s been an error leading to your order (such as a pricing or availability error), we may choose not to complete the order, but we’ll be sure to contact you to discuss your options (for example, placing an order at the correct price, or delaying your order).

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Payment

You agree to pay the specified price for the product or service you purchase as listed on the Website checkout page or package prospectus at the time of submitting your order (subject of course to the proviso above, in the case of accidental errors and omissions) and at the intervals specified (if applicable, for example, if we agree to a payment plan for an individual mentoring package).

If we agree to accept payment by instalments, you agree to pay the entire amount, even if you fail to access the product or service, in full or in part.

Prices are listed in Australian dollars (AUD) and are exclusive of GST. If GST is applicable, it will be displayed at checkout. Please note that you will be responsible for any foreign currency charges or conversions charged by your financial services provider.

We currently use Stripe, PayPal or Bank Transfer to accept payments online. We may offer other ways to pay from time to time, such as through other third-party payment gateways or processors. You agree to pay any third-party merchant fees or charges as notified at the time of payment.

In making a payment, you warrant to us that you’ve read and agreed to the terms of any other third-party payment gateway or processor we use from time to time, which are available on their websites – including at https://stripe.com/en-au/checkout/legal. You understand that these payment facilities are provided by third parties and are made available to you for convenience only. Payment details are stored by the processor in accordance with their terms. We cannot view your payment details, however we can process payments using them. We are not responsible for any issues, loss or damage arising out of those facilities. If you have an issue with a third-party provider, please contact them directly.

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Failure to Make Payment

If you fail to make a scheduled payment, or if any such payment is returned or denied for any reason, we may, without prejudice to any other rights we have at law or under this agreement, suspend or cancel your access to any product or service, in our absolute discretion, unless or until payment is received. You also agree to indemnify us from and against all costs and incurred by us in pursuing overdue amounts, including payment processing charges, legal costs on a full indemnity basis and collection agency costs which we become liable to pay.

Discounts
We may offer discounts from time to time. Please note that discounts are not available in conjunction with any other offer (for example, if we have two promotions on offer at the same time, you can only apply one discount to a purchase, not both).

Discounts are available for the stated time, or else for a period of seven (7) days from the date that the offer was first made (whichever occurs first).

We reserve the right to revoke any discount offer at any time without notice.

Refund Policy

If you book an individual business mentoring session with us (other than in a multi-session package) and cancel it in accordance with these terms, we will refund the session fee (less any payment processing fees).

For all other products, services and circumstances we do not offer refunds otherwise than in accordance with your entitlements under the ACL. To submit a claim under the ACL, please email us at hello@solostartconsulting.com

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ACCESS AND CONDUCT

Access

Once we’ve received your payment and confirmed your order, you’ll receive an email with either your product or your login details and instructions to access your product or service. You are responsible for using access details to access included content, products or services in a timely manner. We will not be responsible for any delay in accessing the content on your part.

All individual mentoring sessions are held online using Zoom or a similar platform. You’ll receive an email confirmation of your session time, followed by a video link via email. You must ensure you have a stable internet connection for the session. You are responsible for any charges you may incur from your internet provider for attending online sessions. If the call is unstable, the session will be conducted by telephone. We will call you from our business number on the mobile phone number you provided at booking. If you have any technical problems accessing a product or service, please contact us for assistance at hello@solostartconsulting.com.

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If you have purchased a product or service which includes access to online content (such as webinars or a Facebook community), you will have access in accordance with the scope of the product or service unless or until terminated, suspended or altered in accordance with these terms and conditions.

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You will be required to register for an account to access some products and services. It is your responsibility to keep the details of your account, including username and password, strictly confidential. You will be responsible for all activity on your account, including all purchases, downloads and bookings made using your account details. We may at any time request a form of identification to verify your identity.

The duration of access will be for the period specified on the relevant sales page on the Website at the time of submitting your order. We do not offer “lifetime” access to any product or service.

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Conduct

You agree to read and abide by our Community Guidelines, as updated from time to time, for the term of this agreement.

If you have purchased a product or service which includes access to any interactive platform, you must not post any comment or content that is defamatory, offensive or otherwise inappropriate, or which might bring us or my products or services into disrepute. You must not use any product or service we make available to you to harass, threaten or menace any person or send unsolicited messages. You must not gather personal information or contact information from other participants for marketing or other purposes.

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You must not do anything that is unlawful, commit any breach of another person’s privacy or any other legal rights or interfere with any user. You must not tamper with our Website or any online platform we use to make products or services available to you or any content (such as by transmitting viruses or other programs).

You warrant that all information you submit to us is true and correct, to the best of your knowledge and information, and that you are the rightful owner of all intellectual property rights in such information.

In addition to other rights we have if you breach this clause, we may, in our absolute discretion, delete or modify content you post, or fully or partially, temporarily or permanently restrict your ability to interact on or in relevant platforms.

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Confidentiality 

You agree to keep all confidential information accessed by you in the course of accessing any of our products or services strictly confidential. For the purposes of this clause, confidential information means any information concerning us or another participant’s business, practice, profession, finances, technology or affairs which is not in the public domain (other than by a breach of this clause).

If you have purchased access to an educational webinar, you agree not to take or share screen captures of any group content (such as within a Facebook group).

You agree that if you document your participation in a group program (such as by taking a photograph of yourself participating in a group call), you will de-identity any other identifiable participant.

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INTELLECTUAL PROPERTY

Intellectual Property Ownership

All content in every product and service is subject to copyright and is protected by copyright under the laws of Australia and through international treaties. Unless we say otherwise, all rights (including copyright) in each product, service and the Website (including text, graphics, logos, button icons, video, images and audio clips) is owned or controlled by us and reserved by us.

If you purchase a service which includes group online education, including access to our Facebook community, you agree to transfer all intellectual property rights in any works you deliver to us through your participation in the program or community (such as comments, posts, questions, videos and the like) to us, except where we have agreed in writing prior to the delivery that such rights will be retained by you. All such rights immediately become our property on delivery or transmission to us.

You acknowledge and agree that all intellectual property rights owned by us or to which we are entitled before and after this agreement with you is formed will remain our sole property and that nothing in this agreement transfers any ownership in any intellectual property rights to you.

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Intellectual Property Licence
We have invested, and continue to invest, significant time, energy and resources into our products and services and require you to adhere to a strict intellectual property protection clause.

As a purchaser of a product or service, we grant you a worldwide, non-exclusive, non-assignable, royalty-free, revocable license to:

1. access all intellectual property works included in the product or service you have purchased in accordance with, and for the period anticipated by, these terms, and

2. if you purchase a template, use the intellectual property works in the template document for the intended purpose in the course of operating your current business.

We DON'T grant you any other rights whatsoever in relation to any intellectual property works which form part of the product or service, or which are contained in our Website or other platform owned or controlled by us. Specifically, you are prohibited from:

1. copying (including by screen recording), re-using, repurposing or publishing any intellectual property works included in the product or service, our Website or other platform owned or controlled by us for commercial use; and

2. sharing, or attempting to share, such works with any other person (including by sharing access details), whether or not for commercial purposes.

We can revoke the license given by this clause immediately and without notice if you use our intellectual property other than strictly in accordance with this license.

This license is revoked automatically on termination of this agreement becoming effective.

In addition to any other rights we have at law, and to the maximum extent permitted by law, you agree to indemnify us on a full indemnity basis for any breach of this clause including for any costs we incur in seeking legal advice on the breach and in taking legal proceedings against you.

Promotion
We may ask you for your consent to publish your name and any trade mark associated with your business to promote our business. You agree to provide such consent in writing if it is reasonable to do so. Such consent will be taken to include a worldwide, royalty-free, non-assignable, revocable licence of your intellectual property rights in any such trade mark. You may revoke this licence by giving me 30 days’ notice to us in writing by email to hello@solostartconsulting.com.

We may ask you for feedback or a testimonial about our products or services. We may also ask for your consent to us publishing your feedback or testimonial to promote our business. You agree to provide such consent in writing if it is reasonable to do so.

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DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY

General Content Disclaimer

All content (including any information, recommendations, resources, instruction or assistance we give you) is provided for educational purposes only. We have developed the content by applying due care and skill and our knowledge, experience, study, research, training and professional qualifications, and believing it to be accurate and up-to-date at the time, but we don’t give any warranty of accuracy, appropriateness or reliability. We make all content available to you, however it is up to you to decide if, how and when to apply anything you learn to your own circumstances and/or clients.

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No Medical Advice

You understand that we do not provide medical advice and our products and services are not a substitute for medical treatment. This agreement does not form a doctor-patient relationship between us.

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While we are registered psychologists, we are not providing you with counselling, therapy, clinical or treatment services through the provision of our business mentoring products or services. You must not use any of our products or services for any diagnostic or treatment purposes.

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If you are unsure or concerned about how purchasing a product or participating in a service may affect your health, you should consult your doctor prior to purchase.

Any recommendations or instructions given are general in nature and are not intended to constitute or substitute for professional or medical advice. You should seek appropriate professional advice suitable for your personal circumstances if necessary.

No Compliance or Legal Advice

While we understand the regulatory environment for psychologists in Australia by virtue of our registration as a psychologist with the Psychology Board of Australia and our experience in private practice in Australia, we do not provide legal or compliance advice as part of any of our products or services (including individual business mentoring), or on our Website.

Any recommendations or instructions given (including compliance tips) are general in nature and are not intended to constitute or substitute for legal or professional compliance advice. You understand that all such content contained in products and services is general and does not take into account your personal circumstances or situation, and as such it should not replace or be considered to replace individual consultation, supervision, or professional advice.

It is your sole responsibility to ensure ethical and regulatory compliance in your own practice and in any products and services you provide to your clients. You should seek appropriate professional advice suitable for your personal circumstances to ensure you are meeting your compliance obligations, including under the Health Practitioner Regulation National Law, standards and guidelines provided by the Psychology Board of Australia and the Australian Health Practitioner Regulation Agency (AHPRA) and AHPRA’s Code of Ethics. Do not delay seeking personalised advice because of any information gathered through any of our products or services (including member-generated content). 

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Member Content Disclaimer

If you purchase a product or service which involves member interaction and contributions, you acknowledge that other persons who purchase the product or service may contribute content (such as text, videos or links to external resources) from time to time. You understand and acknowledge that we do not endorse, approve or verify member-contributed content and you should not rely on the content in any way.

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Electronic Transmission Risks

You understand we communicate with you electronically, including by delivering products by email. You acknowledge and agree as follows:

There are some delivery risks in using email and you accept the risk of interception of the email by third parties or of non-receipt or delayed receipt of the message; and

Computer viruses and similar damaging items can be transmitted through emails and by introducing data storage devices into your system. We use virus-scanning software to reduce these risks and ask that you do the same. However, it is not possible to eliminate the risk of introducing viruses altogether.

To the maximum extent permissible by law, you release us from all claims, losses, expenses and liabilities caused by any of the risks referred to above and arising directly or indirectly out of any electronic communication between us.

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External Links

We may include links to third-party websites or providers from my Website or within my products or services. Provision of links to or information about these third parties is not in any way an endorsement of such third party. It is your responsibility to conduct your own due diligence before purchasing a product or service from any third party, or in fact visiting the webpage of any third party.

You understand we may include affiliate links on our Website or within a product or service, and if you purchase a product or service from such third party, we may receive compensation or reward from such third party.

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No Reliance

We won’t accept any liability or responsibility (including liability for negligence) for any loss suffered because of your or any other person’s reliance on content contained in a product or service, unless otherwise required by law.

It is your responsibility to ensure that you can meet your own legal obligations with respect to goods and/or services you provide to your clients. To the maximum extent permitted by law, you indemnify us and hold us harmless against any and all third-party claims arising out of your or any other person’s reliance on any content (including but not limited to information, advice, documents, templates or other tools) contained in or provided by a product or service purchased from us.

Exclusion of Warranties and Guarantees

We make the product or service available to you, however you use it (including all content and interactive features) at your own risk. Everything is provided “as is” and “as available” – We don’t make any representations or warranties of any kind.

We make no guarantees as to results or success (financial or otherwise) which may be achieved as a result of participating in any product or service. If reviews or statements from past or current clients are displayed on the Website or in other material, these are examples only and are not intended to represent or guarantee achievement of certain results or outcomes.

We make no guarantees or promises that our products or services meet your professional development or training requirements. It is your responsibility to understand your professional development requirements and seek independent advice or the advice of your professional or certifying body. If you self-assess that my products or services meet your professional development requirements, you are solely responsible for that assessment.  

Nothing in these terms excludes any right, guarantee or warranty you’re entitled to by law, including any guarantee that cannot be excluded under the Australian Consumer Law, which forms Schedule 2 to the Competition and Consumer Act 2010(Cth) (ACL), however we do exclude all other guarantees, conditions and warranties to the maximum extent permitted by law.

Limitation of Liability

Our liability to you arising out of this agreement with you and the supply of any product or service to you will be limited to the maximum extent permitted by law and as set out in this clause.

To the maximum extent permitted by law, we exclude all liability to you, however arising (except for liability arising out of a failure by us to comply with a consumer guarantee set out in Part 3-2 of the ACL, where applicable), including by negligence.  

If we are liable to you for a failure to comply with a consumer guarantee set out in Part 3-2 of the ACL, my liability to you for that failure is limited under section 64A of the ACL to (at my option) providing the product(s) or service(s) again or the cost of providing the product(s) or service(s) again.

We won’t be liable for any consequential loss or damage or other indirect loss or damage including loss of business profits or reputational damage, except where we are unable to limit or exclude such loss under the ACL (for example, if we are unable to exclude or limit liability for consequential loss arising out of a breach of a consumer guarantee).

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If we are not otherwise able to exclude or limit our liability to you as set out above, then our liability to you (except for liability arising out of our failure to comply with a consumer guarantee set out in Part 3-2 of the ACL, if applicable) will be limited to the amounts paid by you to us for the relevant product or service.

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CHANGES

Variations
We may vary these terms and conditions at any time by updating this document and giving notice to you in writing. The variations will take effect 30 days after the date of notice, unless otherwise specified in the notice. Your continued access to and/or use or acceptance of our product or service will indicate your acceptance of the variations.

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Term

The term of this agreement will commence once your order is confirmed by us and will expire once the product or service you purchased has been fully delivered or the time for delivery or access (as set out in the scope of the product or service) has ended.

Each time you purchase a product or service from us, a new agreement is formed between us on these terms and conditions. 

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Service Cancellation Procedure

You can cancel an individual business mentoring session by giving us 48 hours’ notice in writing. To cancel a session, please contact us at hello@solostartconsulting.com.

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Transfer Policy

This agreement is personal to you and you may not assign your rights and obligations under this agreement to any other person without our prior written consent, which we may withhold in our absolute discretion.

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ENDING THIS AGREEMENT

Termination
We may terminate this Agreement in the following circumstances:

1. at any time in our sole discretion on 14 days’ written notice to you;

2. on written notice to you, if an event beyond our control prevents us from meeting our obligations for an extended period as described in the Force Majeure clause;

3. immediately, by giving notice in writing to you if there is an Event of Default;

4. on written notice to you, if you have committed a material breach of these terms and conditions and fail to remedy such breach within 7 days of written notice.

If we terminate this agreement with you pursuant to clause (a) or (b) above, we will refund you a proportionate amount of any fees paid for any services not received at the time termination becomes effective.

We will not provide any refund, credit or other compensation for change of mind, or if we terminate this agreement pursuant to clauses (c) or (d) or otherwise due to your breach or repudiation of this agreement.

For the purposes of this clause, Event of Default means:

1. you fail to make a payment as provided in these terms and conditions and do not remedy such failure within 3 days of us giving you notice to remedy; or

2. We form the reasonable belief that you have breached or intend to breach a term of this agreement relating to confidentiality or intellectual property;

3. any of the following events occurs: the death, bankruptcy or winding up of a party.

All obligations of confidentiality, intellectual property rights created by these terms, disclaimers, exclusions and limitations of liability will survive termination. Any accrued rights or remedies to which either party is entitled will not be affected.

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DEALING WITH ISSUES

Force Majeure

We will not be liable for any loss caused by any failure to observe these terms and conditions, where such failure is occasioned by causes beyond our reasonable control including, but not limited to, by fire, flood, other extreme weather event or natural disaster, riot, strike, act of war, terrorist attack, nuclear event, pandemic, epidemic, widespread contagion, quarantine restriction, critical infrastructure failure, severe disruption to virtual infrastructure, restriction or prohibition or any other action by any government or semi government authority, or major injury or illness of key personnel.

If we are unable to meet our obligations under these terms for an extended period (beyond what we consider to be reasonable in the circumstances), we may choose to terminate this agreement on notice to you.

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Dispute Resolution

If a dispute arises between the parties, the party claiming the dispute must not commence any court or arbitration proceedings (except where they seek urgent interlocutory relief), unless they have first complied with this clause.

The party claiming the dispute must first inform the other party in writing of the following:

1. the nature of the dispute;

2. the outcome they desire to resolve the dispute, and

3. the action they believe will settle the dispute.

On receipt of the notice by the other party, both parties will make every effort to resolve the dispute by mutual negotiation within 2 weeks.

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If the parties are unable to resolve the dispute in that time, the parties must agree on selection of a mediator (if the parties are unable to agree, they agree to request that the President of the Law Society of Queensland appoint a mediator). The parties agree to participate in virtual mediation unless virtual mediation is not available or it is impracticable or unreasonable for a party to attend virtually, in which case the mediation must be held in Brisbane, Queensland, unless otherwise agreed between the parties in writing. The parties will be equally liable for the fees and reasonable expenses of the mediator and the cost of the venue of the mediation (if applicable), to be paid in advance. The parties must each pay their own costs associated with attending the mediation.

All communications made by the parties arising out of this dispute resolution clause are confidential and to the maximum extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

This clause survives termination of this Agreement.

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MISCELLANEOUS

Sub-contracting and Assignment by Provider

We may license, sub-contract, transfer or assign all or any part of my rights and obligations under this agreement without your consent.

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Waiver

A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right. The exercise of a power or right does not preclude its future exercise or the exercise of any other power or right.

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Jurisdiction
As we are based in Queensland, these terms and conditions will be governed by the laws of Queensland. If we do end up in court, you agree that the non-exclusive venue for resolving any dispute will be in the courts of Queensland.

Severance

If any part of these terms and conditions is found to be void or unenforceable by a court of competent jurisdiction, that part will be severed, and the rest of the agreement will remain in force.

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Entire Agreement

The contents of this Agreement constitute the entire agreement between the parties and supersede any prior negotiations, representations, understandings or arrangements made between the parties regarding the subject matter of this Agreement, whether orally or in writing.

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CONTACT

For questions and notices, please contact us at:

Solostart Consulting ABN: 26277653303

1/261 Given Terrace, Paddington QLD 4064

hello@solostartconsulting.com.

Last updated: 29 August 2023

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