Terms & Conditions

TLCH Consulting Pty Ltd ATF TLCH Trust T/A Trudy Heins an AUSTRALIAN Company, and {{ client.name }}, jointly as the “PARTIES”,

AGREE UPON THE FOLLOWING TERMS AND CONDITIONS:

1. NATURE OF THE AGREEMENT:
{{ client.name }} is engaging TLCH Consulting Pty Ltd ATF TLCH Trust T/A Trudy Heins for Business Coaching Services. The Services as stated at the time of purchase is complete, whole and current, and any modifications to past or future Services have no bearing on this agreement.

The intention of the Coaching Services is for {{ client.name }} to receive educational information and coaching from TLCH Consulting Pty Ltd ATF TLCH Trust T/A Trudy Heins on “best practices” for launching, growing and marketing their business.

2. TLCH Consulting Pty Ltd ATF TLCH Trust T/A Trudy Heins AGREES TO:

2.1 Provide a private learning environment. As a professional coach, TLCH Consulting Pty Ltd ATF TLCH Trust T/A Trudy Heins will act as the primary liaison with {{ client.name }} and will assist {{ client.name }} in the educational process throughout the ongoing duration of {{ client.name }}’s Coaching Services.

2.2 Provide Coaching calls or attend Coaching meetings as defined in the services contract. {{ client.name }} understands that the services agreed upon provide Coaching services with a trained business coach and could include other tele-calls, webinars and online materials in addition to the scheduled CLIENT sessions. Unless otherwise specified, {{ client.name }} will receive the number and duration of Coaching sessions shown in the “Coaching Services” outline received at the time of enrolment.

3. {{ client.name }} AGREES TO:

3.1 Be timely for all private meetings, and understands that a “no show” to any private meetings fully forfeits that meeting completely from the Coaching Services. There are no make-up sessions or refunds. Session meetings will take place in person, online in Zoom or via telephone – the time to be mutually determined by both {{ client.name }} and TLCH Consulting Pty Ltd ATF TLCH Trust T/A Trudy Heins via email before the first meeting. Telephone calls with a Coach during the Coaching are at {{ client.name }}’s expense. {{ client.name }} is responsible for initiating telephone calls to their Coach on the agreed upon communication platform. {{ client.name }} agrees to be ready and available ten minutes prior to meeting, and communicate as early as possible if they will be running late. For meetings that need to be cancelled or rescheduled ahead of time see “MEETING SCHEDULING AND CANCELLATION” section below.

3.2 Cover the Coaching Services Investment. {{ client.name }} agrees to pay for their coaching services investment via {{ client.name }}’s nominated credit card or their bank account via direct debit prior to the coaching services being delivered.

3.3 Be accountable and responsible for paying all monthly program ‘Access Fees’ whether {{ client.name }} participates in scheduled Coaching sessions or not. If {{ client.name }} misses any scheduled calls or meetings, there are no make-up calls/meetings or refunds.

3.4 Pay a $25.00 administration fee for each occurrence of a denied credit card authorisation and/or a late payment.

3.5 Be suspended from participation until all fees have been paid if {{ client.name }}’s account falls into arrears. {{ client.name }} will have 5 business days to arrange an alternative payment if at any time, current credit card on file, or current arranged payment method fails. After 5 days, all Coaching and Coaching services will be suspended until {{ client.name }}’s account is brought current.

MEETING SCHEDULING & CANCELLATION POLICY

1. MEETING SCHEDULING:
All Coaching sessions are scheduled in advance by direct agreement between {{ client.name }} and {TLCH Consulting Pty Ltd ATF TLCH Trust T/A Trudy Heins}. If for any reason you cannot attend a previously scheduled Coaching session, {{ client.name }} is fully responsible for informing the Coach at least 48 hours in advance of cancellation and arranging alternate times.
A notice shorter than 48 hours before the scheduled meeting will lead to cancellation and forfeit of the meeting.

To avoid any possible confusion regarding rescheduling a Coaching session, it is required that you provide a written email to your Coach about rescheduling any meeting and receive a reply to that email. Do not assume that just because you sent an email to your Coach, that the Coach received it. If {{ client.name }} calls their Coach to reschedule, the Coach will request a written documentation of the meeting change or cancellation. TLCH Consulting Pty Ltd ATF TLCH Trust T/A Trudy Heins is a business professional with many committed CLIENTs and committed schedules. Your understanding of this time commitment is appreciated. TLCH Consulting Pty Ltd ATF TLCH Trust T/A Trudy Heins has up to 30 days to reschedule their meeting or it will be seen as forfeited.

2. INITIAL CANCELLATION PERIOD

If you elect to cancel our agreement before your first Coaching session, you must do so by emailing {TLCH Consulting Pty Ltd ATF TLCH Trust T/A Trudy Heins. TLCH Consulting Pty Ltd ATF TLCH Trust T/A Trudy Heins will refund eighty percent (80%) of any payment you have made. Twenty percent (20%) is retained for administration and processing fees. No refunds are granted following your first Coaching service. Refunds may take up to 21 days to process following your written notice of cancellation.

3. CANCELLATION BY MUTUAL AGREEMENT

If at any time either {{ client.name }} or TLCH Consulting Pty Ltd ATF TLCH Trust T/A Trudy Heins believes that the Coaching Sessions and agreement are no longer serving the needs of {{ client.name }}, either one may initiate a discussion to rectify the situation prior to cancelling the program or sessions. Initial contact should be through email wherein {{ client.name }} or TLCH Consulting Pty Ltd ATF TLCH Trust T/A Trudy Heins detail their beliefs and reasons for such beliefs. Then a discussion will ensue to resolve any issues and determine a resolution between {{ client.name }} and {TLCH Consulting Pty Ltd ATF TLCH Trust T/A Trudy Heins}. If after this discussion both PARTIES agree the resolution to be termination of the agreement then a refund of any amount paid for unused services will be given to {{ client.name }} within seven (7) business days. No refunds will be made for any meetings maintained or scheduled where there was a CLIENT “No Show”.

4. NOTICE OF CANCELLATION

All notices of cancellation must be in writing and emailed to {TLCH Consulting Pty Ltd ATF TLCH Trust T/A Trudy Heins}. Voicemail, SMS and verbal correspondence do not constitute an acceptable cancellation notice. In the event of cancellation, you will forfeit any bonus offers and will be billed for any already received. Cancellation notice will be deemed to be the date on which the TLCH Consulting Pty Ltd ATF TLCH Trust T/A Trudy receive the written notification. Should {{ client.name }} fail to notify TLCH Consulting Pty Ltd ATF TLCH Trust T/A Trudy Heins in writing of any changes and not attend meetings, there will be no refunds, credits or transfers available.

5. NON-EXCLUSIVITY

This is a non-exclusive Agreement. {{ client.name }} understands and acknowledges that TLCH Consulting Pty Ltd ATF TLCH Trust T/A Trudy Heins shall be free to engage other CLIENTs within the same or overlapping geographic or industry specific market areas targeted by TLCH Consulting Pty Ltd ATF TLCH Trust T/A Trudy Heins in any of their programs.

6. TERMS OF PAYMENTS

The payments will be collected by automatic monthly billing to {{ client.name }}’s nominated credit card or bank account via direct debit from {TLCH Consulting Pty Ltd ATF TLCH Trust T/A Trudy Heins}’s billing division in Australia. While our billing division generally processes credit cards in the currency of the participant’s country, there may be times when cards will be processed in {TLCH Consulting Pty Ltd ATF TLCH Trust T/A Trudy Heins}’s currency. Due to currency fluctuation monthly payments might fluctuate slightly. Careful care on the side of the {TLCH Consulting Pty Ltd ATF TLCH Trust T/A Trudy Heins}’s finance team will be taken to minimise fluctuations. If any overages occur during the billing cycle, any small amounts over the expected payment terms for the {{ client.name }} will be refunded.{{ client.name }} will need to notify {TLCH Consulting Pty Ltd ATF TLCH Trust T/A Trudy Heins}’s finance team if any overages are incurred, and TLCH Consulting Pty Ltd ATF TLCH Trust T/A Trudy Heins will refund the overages within 14 days to {{ client.name }}. Overages should be expected to be very small if any at all. Overseas billing is not an exact science due to currency fluctuations and banks. TLCH Consulting Pty Ltd ATF TLCH Trust T/A Trudy Heins does its best it can to minimise any unexpected charges and will work with{{ client.name }} to make sure anything unexpected gets handled to {{ client.name }}’s satisfaction.

7. CONFIDENTIALITY

TLCH Consulting Pty Ltd ATF TLCH Trust T/A Trudy Heins shall hold all information and data supplied to it by {{ client.name }} in complete confidence, and will not disclose confidential information (information that is not already available to the public) without {{ client.name }}’s prior consent, in whole or in part to any person, other than to a person who is directly involved with {{ client.name }}’s program, and whose knowledge of such information or data is essential for such purposes. TLCH Consulting Pty Ltd ATF TLCH Trust T/A Trudy Heins will never sell or trade {{ client.name }}’s information.

8. COPYRIGHT & INTELLECTUAL PROPERTY

8.1 {{ client.name }} agrees that all of {TLCH Consulting Pty Ltd ATF TLCH Trust T/A Trudy Heins}’s program/service materials provided to {{ client.name }} are confidential and proprietary to TLCH Consulting Pty Ltd ATF TLCH Trust T/A Trudy Heins and cannot be used, disclosed or duplicated except for use within {TLCH Consulting Pty Ltd ATF TLCH Trust T/A Trudy Heins}’s business to engage with other private CLIENTs. {{ client.name }} agrees not to reproduce, publish or use in a group forum any of the material from the Coaching program. Some materials are unpublished works protected by International copyright laws and no unauthorised copying, adaptation, distribution or display is permitted.

8.2 {{ client.name }} agrees that all other materials provided directly to {{ client.name }} by TLCH Consulting Pty Ltd ATF TLCH Trust T/A Trudy Heins are confidential and proprietary to TLCH Consulting Pty Ltd ATF TLCH Trust T/A Trudy Heins and cannot be used, disclosed or duplicated except within {TLCH Consulting Pty Ltd ATF TLCH Trust T/A Trudy Heins}’s business to engage with other private CLIENTs. {{ client.name }} agrees not to reproduce, publish or use in a group forum any of the material from the Coaching program. Some materials are unpublished works protected by International Copyright laws and no unauthorised copying, adaptation, distribution or display is permitted.

8.3 At no time during or after the termination of this Agreement shall {{ client.name }} make any claim to the acquisition of the ownership of any of the intellectual property rights or use any of the intellectual property of TLCH Consulting Pty Ltd ATF TLCH Trust T/A Trudy Heins other than as allowed pursuant to this Agreement. The unauthorised use of any of the materials described in 8.1 and 8.2 above could cause TLCH Consulting Pty Ltd ATF TLCH Trust T/A Trudy Heins irreparable harm and damages will be sought pursuant to the laws in a court with competent jurisdiction in the State that TLCH Consulting Pty Ltd ATF TLCH Trust T/A Trudy Heins resides, in AUSTRALIA.

9. DISCLAIMER

9.1 {{ client.name }} acknowledges that {TLCH Consulting Pty Ltd ATF TLCH Trust T/A Trudy Heins}’s services are educational only and that {{ client.name }} bears the sole responsibility for the use and implementation of this information in {{ client.name }}’s business. {{ client.name }} also agrees to forever indemnify and hold harmless TLCH Consulting Pty Ltd ATF TLCH Trust T/A Trudy Heins and its shareholders, directors, officers, employees, contractors and Coaches from and against any actual or consequential loss, cost, expense or damage whatsoever resulting from the {{ client.name }}’s activities and related to the subject matter herein.

9.2 While TLCH Consulting Pty Ltd ATF TLCH Trust T/A Trudy Heins will be providing {{ client.name }} with a world class education and program materials, {{ client.name }} acknowledges that TLCH Consulting Pty Ltd ATF TLCH Trust T/A Trudy Heins provides no guarantees verbal or written to {{ client.name }} and {{ client.name }} is solely and primarily accountable for the results produced. TLCH Consulting Pty Ltd ATF TLCH Trust T/A Trudy Heins program/services, or any representatives of TLCH Consulting Pty Ltd ATF TLCH Trust T/A Trudy Heins are not responsible for generating results for {{ client.name }} – but rather {{ client.name }} is responsible for generating the results for themselves. {{ client.name }} agrees to communicate immediately if there is something that TLCH Consulting Pty Ltd ATF TLCH Trust T/A Trudy Heins can do to help facilitate a more suitable, professional or results driven environment/education for {{ client.name }}. Without any written feedback with actionable steps or communication on what may not be working for {{ client.name }} at any time – TLCH Consulting Pty Ltd ATF TLCH Trust T/A Trudy Heins cannot and will not be expected to make any modifications to the program/services for {{ client.name }}.

10. RESOLUTION OF DISPUTES.

If a dispute, controversy or claim: (i) occurs, in law or in equity; (ii) involves TLCH Consulting Pty Ltd ATF TLCH Trust T/A Trudy Heins or {{ client.name }}; (iii) arises out of, in connection with, or in relation to this Agreement and any amendments to this Agreement or a breach of this Agreement, the PARTIES agree to deliver a notice of submission of dispute to an independent arbitrator appointed pursuant to the laws of the State that TLCH Consulting Pty Ltd ATF TLCH Trust T/A Trudy Heins is registered, in AUSTRALIA.

11. FORCE MAJEURE.

11.1 Neither {{ client.name }} nor TLCH Consulting Pty Ltd ATF TLCH Trust T/A Trudy Heins shall be responsible, nor shall either be held liable for any failure to comply with any of the timetables or terms of this Agreement when that failure is caused directly or indirectly by earthquake, fire, flood, strike, union or other labour problems, declared or undeclared wars, riots, insurrections, government restrictions or other acts, or other causes beyond the control of or without the fault of {{ client.name }} or {TLCH Consulting Pty Ltd ATF TLCH Trust T/A Trudy Heins}.
11.2 Upon the occurrence of such event, the affected party shall give the other party prompt written notice thereof, together with a description of the event and the duration for which the affected party expects their ability to comply with the provisions of this Agreement to be affected. The affected party shall thereafter devote their best efforts to remedy to the extent possible the condition giving rise to that event and to resume the performance of its obligations hereunder as soon as possible.

12. MISCELLANEOUS PROVISIONS

12.1 Recording of Meetings. {{ client.name }} acknowledges that TLCH Consulting Pty Ltd ATF TLCH Trust T/A Trudy Heinsmay monitor and/or record meetings between {{ client.name }} and {TLCH Consulting Pty Ltd ATF TLCH Trust T/A Trudy Heins}. {{ client.name }} is welcome to record telephone/online meetings between {{ client.name }} and TLCH Consulting Pty Ltd ATF TLCH Trust T/A Trudy Heins so long as those recordings are made for the sole and exclusive purpose of review of ‘discussions had’ for {{ client.name }}’s own training purposes in the forum. {{ client.name }} acknowledges that any recordings made by {{ client.name }} are subject to the “copyright and intellectual property” provisions, as well as any other provisions pursuant to this Agreement.

12.2 Public Holidays. TLCH Consulting Pty Ltd ATF TLCH Trust T/A Trudy Heins will take leave and {{ client.name }} business development meetings will be rescheduled around public holidays based upon the country that either TLCH Consulting Pty Ltd ATF TLCH Trust T/A Trudy Heins or {{ client.name }} is domiciled in. The Coaching Services calls, meetings and deliverables can be, upon agreement with TLCH Consulting Pty Ltd ATF TLCH Trust T/A Trudy Heins spread out to accommodate for such holidays or special occasions.

12.3 Private Coach Replacement. TLCH Consulting Pty Ltd ATF TLCH Trust T/A Trudy Heinsmay, at its sole discretion and for whatever reason, decide to replace themselves with another Private Coach. TLCH Consulting Pty Ltd ATF TLCH Trust T/A Trudy Heins will use its best endeavours to ensure that no undue delays or setbacks will occur to {{ client.name }}’s meeting schedule. Due to TLCH Consulting Pty Ltd ATF TLCH Trust T/A Trudy Heins choosing to change their professional status, go on maternity leave, sabbatical or any other change that impairs hosting regular meetings, {{ client.name }} agrees that TLCH Consulting Pty Ltd ATF TLCH Trust T/A Trudy Heins make the change to a new Private Coach with complete discretion by {TLCH Consulting Pty Ltd ATF TLCH Trust T/A Trudy Heins}. Such replacement will not impact in any way the terms and conditions set out in this Agreement.

12.4 No Joint Venture, Partnership, or Management Role. Each party shall be deemed an independent of the other. Nothing in this Agreement shall imply any employer/employee relationship or the ability of one party to obligate the other in any manner other than for the terms described in this Agreement.

12.5 Capacity to Sign. Each party represents that s/he has the legal authority to enter into this Agreement, and that the entering into of such Agreement will not violate the terms of other contractual arrangements.

12.6 Governing Law. The PARTIES have entered into this Agreement in AUSTRALIA and agree that such State and Federal laws with respect to this Agreement govern its interpretation, rights and obligations of the PARTIES. The PARTIES service of process will be made pursuant to the laws of the State that TLCH Consulting Pty Ltd ATF TLCH Trust T/A Trudy Heins resides, in AUSTRALIA.

12.7 Testimonials. {{ client.name }} acknowledges a TLCH Consulting Pty Ltd ATF TLCH Trust T/A Trudy Heins representative might ask for, or attain a testimonial(s) from {{ client.name }} and {{ client.name }} agrees to the unencumbered use at {TLCH Consulting Pty Ltd ATF TLCH Trust T/A Trudy Heins}’s discretion in marketing or sales materials of video, photographs and audio recordings.