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Aha! Consulting Pty Ltd


STANDARD TERMS AND CONDITIONS OF SALE



By accepting our Quote or instructing us to proceed with the services, you agree to be bound by these Terms and Conditions.



Part A: General Terms (Applies to all services)

1. Engagement & Fees
  • Scope: Services are limited to the scope and hours specified in the Quote. Additional work will be charged at our standard hourly rate of $250 + GST, plus any associated expenses (e.g., travel, accommodation), unless otherwise agreed.
  • Quote Validity: Quotes are valid for 30 days from issue and subject to our scheduling availability at the time of acceptance.
  • Payment Terms: All invoices are due within 30 days.
  • Suspension: Aha! Consulting reserves the right to suspend work or withhold certification/reports if there are unsafe practises or if invoices are unpaid past the due date.
2. Intellectual Property (IP)
  • Background IP: Aha! Consulting retains ownership of all methodologies, frameworks, training materials, and models ("Background IP"), even if used or improved during this project.
  • Client/project deliverables: Upon full payment of fees, the Client owns the specific Project Outputs (e.g., final reports, strategic plans) for their internal use.
  • Restrictions: You may not resell, license, reproduce or distribute our Background IP or training materials to third parties without our prior written consent. Training materials are for the personal use of the participant.
3. Confidentiality & Privacy
  • Both parties agree to keep confidential all non-public information obtained during this engagement. We will handle all personal information in accordance with the Privacy Act 1988 (Cth).
4. Liability & Insurance
  • Limitation: To the extent permitted by Australian law, Aha! Consulting’s total liability to the Client for any claim (including negligence) is limited to the total fees paid by the Client under this engagement.
  • Exclusions: We are not liable for any indirect loss, consequential loss, or lost profits.
5. General
  • Relationship: We are an independent contractor, not an employee. We are responsible for our own taxes, insurance, and superannuation.
  • Client Obligations: To ensure the project stays on track, the Client agrees to provide timely access to necessary information, personnel, and feedback. Aha! Consulting is not responsible for delays or additional costs caused by the Client’s failure to provide these in a timely manner.
  • Force Majeure: Neither party is liable for delays or failures to perform (excluding payment obligations) caused by circumstances beyond their reasonable control, including natural disasters, pandemics, transport strikes, or government restrictions. We will work together to reschedule affected services.
  • Subcontracting: We may use suitably skilled subcontractors to deliver services. In this event, we remain fully responsible for the quality of their work.
  • Promotion: We may identify you as a client and use your logo in our marketing materials and tenders, subject to your brand guidelines. We will not disclose specific project details without your permission.
  • Dispute Resolution: If a dispute arises, both parties agree to attempt to resolve it through good-faith negotiation or mediation before commencing any legal proceedings.
  • Jurisdiction: This agreement is governed by the laws of Western Australia.
Part B: Service Specific Schedules ​ ​ ​ ​ ​


Schedule 1: Consulting & Facilitation Services
1. Payment Schedule
• Milestones will be agreed at the start of the project.
• Default Schedule: If no schedule is agreed:
      - Projects under $5,000: 100% on completion.
      - Projects over $5,000: 30% Commencement, 30% Mid-point, 40% Completion.

2. Cancellation Policy (Consulting)
• Any time spent or materials purchased prior to cancellation will be payable by the Client.
• Facilitated session notice period:
    - Cancellation of facilitated sessions within 10 working days of a booked event/workshop: 50% of the fees allocated to that session are payable.
    - Cancellation of facilitated sessions within 5 working days of a booked event/workshop: 100% of the fees allocated to that session are payable.

Schedule 2: Training & Certificate Courses

1. Participant/Client Cancellation Policy (Training)
  • Less than 10 working days notice: 25% of the course fee + any out-of-pocket expenses incurred.
  • Between 10 and 5 working days notice: 50% of the course fee + any out-of-pocket expenses incurred.
  • Less than 5 working days notice: 100% of the course fee + any out-of-pocket expenses incurred.
  • A booked participant may transfer their place to another eligible person by giving us written notice before the course starts. The original participant remains liable for the course fees, if the substitute does not attend.

2. Aha Consulting Cancellation or Trainer substitution
  • If the scheduled Trainer becomes unavailable for reasons such as illness, emergency, travel disruption, or other reasonable cause, Aha! Consulting may provide a suitable replacement Trainer.
  • Aha! Consulting will notify the Client or participants of any change as soon as practicable and ensure the replacement delivers the course content to the same standard. The course or travel fees will not increase as a result of the substitution.
  • If Aha! Consulting cancels a course; we will either (1) offer a full refund of the course fee (2) offer an alternative date. If the alternative date is not suitable for the participant, they will be eligible for a refund of the course fee.
  • Aha! Consulting is not liable for any travel, accommodation, or other out-of pocket expenses incurred by the participant or their organisation as a result of Aha! Consulting cancelling a course.

3. Engagement Institute (IAP2) Courses - Certification & Attendance
  • Attendance: Full attendance is required for certification. If a participant misses more than 45 minutes of content, they must complete additional assessment work (at their own cost) or repeat the course. This decision is at the Trainer’s discretion.
  • Certificates: Are issued by the Engagement Institute, once Aha! Consulting has submitted a monthly report to the Engagement Institute. Participant fees must be paid in full to be included in the report. Certificates are managed by the Engagement Institute; as such, participants are responsible for keeping the Engagement Institute informed of any changes to their contact details.
  • Changes: Certificates are produced based on the information provided by the participant in the sign-in sheet. A $50 administration fee applies for re-issuing certificates due to participant error in the information provided.

4. External Participants (Host Organisations)
  • Approval: Host organisations may invite external participants, subject to Aha! Consulting’s "Fair Use Policy" (max 3 per organisation) and with prior approval of Aha! Consulting.
  • Logistics: These external participants would be invoiced separately by Aha! Consulting and we will reimburse the Host for reasonable catering costs for these attendees.
  • Fill-in Spots: Occasionally, Aha! Consulting may request to place a student in your course to make up a missed module. This is at your discretion and catering costs will be covered by us.