Service Terms and Conditions

These are the terms and conditions of services provided by Kathleen Ferguson

Privacy and Confidentiality

Kathleen Ferguson will not, at any time, disclose to any third party any information that is identified as confidential by the Client. If we do, we let you know who it is with beforehand.

Kathleen Ferguson will treat such information and treat it as strictly confidential.  This provision shall continue to be effective after the termination of this Agreement.  This clause shall be binding on any employees, agents or subcontractors of Kathleen Ferguson.  

The Client is not to, at any time, disclose any proprietary or intellectual property information or anything that is confidential regarding the operations, methods, tools or systems of Kathleen Ferguson.  This provision shall continue to be effective after the termination of this Agreement. 

This clause shall be binding on any employees, agents or subcontractors of the Client.

Payment For Services

Coaching services and subscriptions and memberships are automatically charged to your nominated credit card by our payment processor, such as Stripe or Square.

Invoices or receipts for these payments will automatically be Emailed to you.

For all other services Invoices / Receipts will be sent approximately 15th and/or 30th of each month, with payment due strictly in 7 days. Payments can be made via Stripe or Direct Deposit.  The client will make the payments as invoiced, until the services cease and all outstanding amounts are paid in full for the agreed Coaching term or Program purchased.

The client realises if payment is made for invoiced amounts in advance of the payment due date, they may receive a discount, as detailed on the said invoice.

Any client who has an amount outstanding 14 days past due the date will services immediately suspended until outstanding amounts are paid.  Any outstanding amounts owing after that will incur a fee of 2.6% per month on the amount owing at the beginning of each month (therefore fees will compound). If past payments have ever been overdue for more than one month then all future services will only be provided via a pre-payment arrangement.  

Kathleen Ferguson reserves the right to discontinue services permanently, without notice or limitation, to any client who has an account amount outstanding 30 days past due the date, and attempts have been made to collect the outstanding payments.  And outstanding amounts may be reported to be marked against your credit rating.    Any payments made that are returned due to insufficient funds or the said account being closed will also incur a penalties fee of $45 per incident.

Information

The term Coach, Mentor and Consultant are both used in this document to mean the same thing.  The term product refers to products and/or services.Your Coach does not prescribe anything, although they may make suggestions for you to consider regarding your overall personal and business health and wellbeing. 

Aspects mentioned or suggestions made by your Consultant are specifically for you and are not appropriate for anyone else.  Your Coach uses their knowledge and experience of various areas of business, corporate experience, years of business management and development and over 20 years of Business Coaching / Mentoring experience to benefit you and your business.  The aim is to assist you and your business to grow and achieve its goals and all efforts will be made to that end. We only work with people who are committed.  

There is no grace or leeway for people who don’t want to or won’t get into serious action and who don’t want to move forward.  If you don’t do what you say you’re going to do things will not work out well for your business, you or Coach, you may be penalised or may cease (stop) providing services to you. Please be aware if you don’t complete your Agreed Actions by the dates you have stated, then your progress will be hampered.  If this happens, it sometimes means that actions need to be completed in the session because it is a pre-requisite for the next step.  This has a cumulative effect of considerably slowing the progress of your business and personal growth.  It also results in dissatisfaction for both you and your coach / consultant.  For this and various other reasons your results and outcomes are not guaranteed and therefore the consultant is free of any responsibility or liability for adverse reactions or outcomes.

If your consultant ever says or does anything that you don’t feel comfortable with, or if you have any concern with the way you are working, please let them know as soon as possible.  For our work together to be effective, you have to be completely honest with your Coach and they will always be completely honest with you. This agreement also includes information recorded in the initial forms and notes taken in your initial free session and subsequent sessions.

Your Objectives and Success Measures

The Client states their Agreed Objective in their priority order (these are the things you want coaching to help you achieve) through the services of Kathleen Ferguson. The coach will assist to guide the client to the things that need to be done. Examples -

*      Priority 1 - Organisational Structure for 10 year goals

*      Priority 2 - Gaining staff buy-in for Organisational Standards

*      Priority 3 - Documented Financial Action Plan

Additional Assistance is Available

Any additional assistance is available if you require or desire it.  The services available are nominated below and are charged at a different fee rate than Coaching/Mentoring services.  These are calculated for the time required / involved, with the minimum time interval being 30 minutes.  This will be invoiced each fortnight after services have been delivered and payment is to be made via the nominated payment method for Coaching/Mentoring fees, within 7 days of the invoice date.

Please select your desired one on the service agreement form those, by ticking the box next to it on your proposal or agreement.  If you do decide any of these after you have commenced your program, please just let your Coach know and they will be arranged for you.

If there are services you feel you need but not listed here (such as Project Management, Social Media Management, Administration, etc) we suggest contacting at our Sister Company - Platinum Business Teams (www.platinumbusinessteams.com).

Session Details

Please let your consultant know directly, if you are running more than 10 minutes late or need to postpone a session.  If you are wanting to postpone a session at least 24 hours’ notice must be provided to your consultant.  If you, the client decide services will not be used for any session (i.e.:  cancelled) all fees are due and payable, as if services were provided. 

If the actions you have agreed to complete are not completed by the agreed date, you will still be charged in full.  If this has occurred 3 or more times your consultant has the right to cease providing services to you and charge any remaining fees until the minimum agreement period has ceased. 

If you are a member of one of our My Vitality or groups and you fail to attend 4 or more times in any 6 month period, you are out of the group and there will be no refund on fees paid, and you may be charge any remaining fees until the 6 month period has ceased.

All services are charged on basis of the Agreed Objective, Success Measures, Milestones, starting position and session frequency and will be charged at the frequency stated in the Session and Payment Details section of this document.  There is a specific amount of time for each session with your Coach and the time will commence when we contact you or your organisation. 

There is an allowance in the quoted service fee for the review of some documents discussed and any additional bonuses stated in the Your Inclusions section of this document.  Any extra services or time taken outside the given session (other than that just mentioned) and the listed inclusions may be charged for as extra time at the rates nominated for Additional Services.

If any invoices are outstanding by the due date, the next appointment maybe postponed until payment is made. 

This agreement remains active until the nominated outcome has been met, and/or a new outcome has been achieved (which has been agreed on by both parties).

Your use of our services constitutes acceptance of the terms and conditions of this agreement.  If any details of this agreement are unacceptable then do not use the services of Kathleen Ferguson.  Kathleen Ferguson has no liability to you or your business.

Our Commitment

It is important for us to work together with integrity, it is important for us to hold all our conversations in confidence.  All sessions are conducted with privacy and all information shared will be kept confidential.  Your personal details will not be forwarded to any other parties.  Your details may be used by Kath Ferguson and associated businesses to inform you about business events/products and other things that may interest or benefit to you.  At anytime you may request to be removed from our mailing list.

Our commitment is to your success and, as with any business, including yours, our business success rests on clients giving referrals to others.  If you are happy with the services you receive, as we trust you will be, then please refer us to your friends, associates and fellow network members.  We will give you and the person you refer to us a free coaching session or credit toward our services.  The only exception to this clause is information that is regarding illegal or criminal activities.

Your Commitments

You (the Client) realise that the processes, context and aspects of my sessions are to be kept confidential and will not disclosure of the methods and tools used, sharing of this must have prior approval from Kathleen Ferguson.  The steps, exercises, processes and practices used by Kathleen Ferguson are copyright/licensed;  this and the format and the content is proprietary and forms part of their intellectual property, therefore covered by these and Copyright and Intellectual Property laws and cannot be used by other persons or organisations without express written authority from Kathleen Ferguson before their use.  If you wish to describe anything to others please use formal Kathleen Ferguson produced literature and general information.

The day prior to each session I will email Kathleen Ferguson my personal Preparation Form, which contains business Good News for the period, the actions that have been completed and not completed, etc;   and any updates to the progressive document(s) being created.I agree and realise that it is my responsibility for my business and the outcomes it achieves.  You understand that the Coach providing the service is not responsible for the outcome of the session(s) in any way at all.  You agree the Consultant is not responsible or accountable for the results of my actions or lack thereof, or consequences of my actions, in any way at all, therefore no legal action can be sought against Kathleen Ferguson, now or in the future.

You accept that by my full participation in the sessions, you may experience various emotions to varying degrees and that this may be uncomfortable or difficult to deal with at times and this may include (but not be limited to) excitement, elation, joy, sadness, lethargy, being sceptical, anger, resentment, boredom, anxiousness, frustration or discouragement.  You accept that this is a normal part of the growth and development process.  Often extreme or extended emotional feelings are because I am changing the old patterns of my beliefs and facing my obstacles or fears, they are happening due to breaking through my cocoon.  You realise my Coach understands these experiences and is there for me to call on if these happen or you need them.

You agree to make the payments as described in these terms and conditions, until all outstanding amounts are paid in full.