Terms of Service
These terms of service are designed to facilitate clear and productive working relationships.
1. Parties.
These terms and conditions form the basis of an agreement between The Impact Factory ABN 32 448 710 528 (“the consultant/we/us”) and the client organisation (“the client/you”). These terms and conditions are deemed to be accepted by the client by virtue of them engaging The Impact Factory’s services (“the services/services”).
2. Payment Terms.
Payment terms will be clearly laid out in advance in our proposal. In the main these terms will be either ‘up-front payment’ or ‘7 day payment’. Information products purchased from our website(s) are paid COD.
Impact Factory accepts the following methods of payment;
• EFT, Cheque or Cash
• Credit Card (1.7% surcharge applies)
3. Assignment Related Expenses.
Impact Factory will charge at cost or at industry standard for outlays incurred in providing the services including payments to third parties on your behalf. These may include but are not limited to;
• Printing
• Travel, mileage and accommodation
• Postage, couriers
• Meals
4. Assignment Related Travel
If travel is required as part of the assignment it is preferred that the client make the arrangements for flights and accommodation.
5. Refunds and Cancellations.
In-house workshops and conferences. Once booked these cannot be cancelled though they may be transferred to a later day by mutual agreement.
Public workshops and webinars. Cancellation 7 days prior will result in a full refund. Cancellation 3 days prior will result in a 50% refund. Cancellations within 24 hours will not receive any refund.
Consulting services can be cancelled with one month’s notice in writing. Unless otherwise stated, refunds do not apply to consulting services.
Information products and educational materials our backed by our guarantee and usually are refundable. The marketing materials for each product (or package) will clearly explain individual refund arrangements.
6. Independent Contractor Status.
The parties agree that this Agreement creates an independent contractor relationship, not an employment relationship. The Impact Factory acknowledges and agrees that the client will not provide the it with any employee benefits and that income tax withholding is Consultant’s responsibility. In addition, the parties acknowledge that neither party has, or shall be deemed to have, the authority to bind the other party.
7. Confidential Information.
The Impact Factory and the Client agree that during the course of their relationship and at all times thereafter, Impact Factory and the Client shall hold in the strictest confidence, and shall not use for either parties’ personal benefit, or disclose, duplicate or communicate to or use for the direct and indirect benefit of any other person, firm, corporation or entity, any Confidential Information without the prior written consent of the other party.
8. Intellectual Property and Copyright.
The methodologies, systems and information used by used in the project remain the intellectual property and copyright of each respective business. Each party shall recognise and respect the intellectual property and copyright of each other’s’ businesses.
9. Privacy.
The Impact Factory understands the importance of protecting the privacy of individuals and is committed to complying with the Privacy Act 1988, and associated National Privacy Principles, to ensure the confidentiality of any personal information collected. Our entire Privacy Policy can be obtained by contacting The Impact Factory or at www.impactfactory.com.au.
10. Access.
Training and consulting Clients will provide all reasonable access to resources such as staff, information, telecommunications, internet and other resources as required by Impact Factory to perform the Services.
11. Disputes.
In the unlikely event that a dispute arises that can’t be solved by the parties themselves a qualified independent and mutually agreed third party mediator shall be engaged to help with resolution. The costs associated shall be shared equally between the parties.
12. Liability.
Impact Factory will make every effort to deliver the highest quality service. Impact Factory makes no other warranties, whether written, oral, or implied. In no event shall Impact Factory be liable for special or consequential damages, including but not limited to, loss of profits, revenue, data, personnel or clients.
The Impact Factory will not accept liability for any actions or behaviour of The Client resulting in any loss, damage or expense however incurred. Nor does The Impact Factory accept any liability resulting from any negligence, dishonesty, misconduct, lack or skill or lack of information on the part of the client, their staff or contractors.
