1.    In these Terms:

• (a)    Agreement means any order relating to our Program, together with these Terms.
• (b)    Customer or You means the person purchasing the Program.
• (c)    Program means the Beyond The Hourly Rate™ branded business coaching/ training program comprising online courses and other content, which is available for purchase on the Website. 
• (d)    We or Us means Sweet Spot Business Coaching Limited and its successors and assigns.
• (e)    Terms means these Terms and Conditions of Program.
• (f)    Website means the www.beyondthehourlyrate.com or http://www.sweetspotbusinesscoaching.com or www.sweetspotbusinesscoaching.com website all of which are operated by us

2.    PRICE

• 2.1    Programs are purchased via the Website. Each purchase accepted by us will constitute a separate contract on the terms of this Agreement.  
• 2.2    Prices stated on the Website are in U.S. Dollars (USD) and/or New Zealand Dollars (NZD). USD prices exclude Goods and Services Tax (GST). GST will be added for NZ residents.

3.    PAYMENTS 

• 3.1    Payments: Payments you make via the Website are processed by Stripe and its global affiliates (“Stripe”). Where you pay by credit card you agree to indemnify us against any default by your credit card company to make payment to us in full.  This includes where chargebacks are applied to your payment.
• 3.2    Contract payment plan: Your Program purchase is a fixed price for a fixed term, and we have agreed that you may pay the Price in monthly instalments by a contract payment plan.  For this reason you must complete payment of all monthly instalments, even if this agreement is cancelled prior to expiry of the term of the Program.
• 3.3    Defaults: If you fail to make payment in full of any amount payable pursuant to this Agreement on the due date that will constitute a default. In cases of default and without prejudice to any of our other rights or remedies, simple interest at 1.5% per month will be payable on demand from the due date until payment.
• 3.4    Recovery costs: You indemnify us against all loss, costs and expenses, including legal costs on a solicitor/client basis, which we may suffer or incur as a result of any failure by you to make due and punctual payment.
• 3.5    Deposit to secure place: If you have paid a deposit to secure your place on the next intake, this is non-refundable and cannot be deferred to a new intake date.

4.    CANCELLATION AND REFUND POLICY

• 4.1    Program: You may withdraw from the Program at any time but clauses 3.2 and 4.2 will apply.
• 4.2    No Refunds: We do not offer refunds except as required by law.  Even if you do not make use of your program you will not be entitled to a refund.

5.    LICENCE AND INTELLECTUAL PROPERTY

• 5.1    Copyright: We own all intellectual property rights in our Website and Program content.  Your purchase entitles you to personal use of the content you gain access to via your Program.  You acknowledge that you may not share, copy or distribute this content in any way to any other person.
• 5.2    Breach: We reserve the right to cancel your Program effective immediately if we find that you have breached these Terms.
• 5.3    Images release: You consent to us using images or videos that you share with us for the promotion of our business in any way we consider appropriate.
• 5.4  Image use: You understand that we may take photos and videos and use them for the promotion of our business.

6.    YOUR OBLIGATIONS 

• 6.1    Information and Participation: You will provide us with any relevant information required to enable us to offer you a positive experience in the Program. You are expected to participate honestly and fully in the Program, including completing your own work, as positive results depend on this.  You agree to respect our professional boundaries and comply with any terms we have set out for the Program.
• 6.2    Groups: You confirm that:
  • (a)    You will comply with our group Program rules, including confidentiality and privacy obligations as communicated to you at the beginning of the program. You must not share any information or Intellectual property of any other participant in the program. 
  • (b)    You understand that online access and login details are restricted to the individual who has been registered and must not be shared with third parties.

7.    LIABILITY

• 7.1    Limitation of liability:
  • (a)    We will have no liability for unsatisfactory services unless you notify us in writing of your claim within 7 days after performance of the particular services in question;
  • (b)    We will have the option, exercisable at our discretion, to replace or give credit for any services in respect of which any claim is made or proven or to refund a portion of the price paid for the Services, thereby fully discharging all our legal liability;
  • (c)    If either party is liable for direct losses arising from a breach of this Agreement or for negligence, the liable party’s obligation to pay damages or losses is limited to the Price paid for the services to which the liability relates.  This limitation does not apply to any loss or damage caused by fraud, willful breach or willful damage;
  • (d)    We are not liable for any loss caused by you, or any loss that results from your failure to take reasonable steps to avoid or minimize your loss;
  • (e)    Notwithstanding any other provision of this Agreement, neither party will be liable for indirect, special, consequential or similar damages or losses, including but not limited to loss of profit or revenues or other financial or economic losses of any kind and whether or not the other party has been advised of the potential for such damages.

   

• 7.2    Disclaimer: 
  • (a)    Our Program content includes advice and training that you and your personnel are best placed to implement in your organization.  For this reason we cannot guarantee that any particular changes we recommend will result in quantifiable improvements to your business;
  • (b)    You acknowledge that our services do not constitute legal advice. If you have any specific questions about any legal matter you should consult a legal advisor;
  • (c)    We do not take responsibility for your actions or behaviours outside our sessions or the program.  We do not advise specific actions and the choices you make as a result of the Program are your own;
  • (d)    We are not responsible for actions of other members of your coaching group, and you release us from any liability in relation to those third parties.

8.    GENERAL

• 8.1    Events outside our control: If any cause beyond our reasonable control including but not limited to order of a government or other authority, strike, lockout, labour dispute, delays in transit, difficulty in procuring components or ingredients, embargo, accident, emergency, inclement weather, natural event or other contingency interferes with our delivery of the Program or with the performance by us of any of our obligations under this Agreement then we may at our sole discretion suspend our performance of any such obligation or cancel this Agreement and will not be liable to you in any respect.
• 8.2    Severability: If any clause or provision of this Agreement is held illegal or unenforceable by any judgment of any Court or Tribunal having competent jurisdiction, such judgment will not affect the remaining provisions of this Agreement which will remain in full force and effect as if such clause or provision held to be illegal or unenforceable had not been included.
• 8.3    Variation to Terms: We may vary or replace these Terms from time to time by publication on our website.  Variations will only apply to future purchases.
• 8.4    Waiver: This Agreement remains in force notwithstanding any neglect, forbearance or delay in enforcement.  We may only waive a term or condition in writing, and such waiver will only apply to the particular transaction to which it refers.
• 8.5    Privacy Policy: Any personal information collected by us in connection with this Agreement will only be used or disclosed for the purposes of ensuring performance of this Agreement and any future like arrangement or arrangements. This may include disclosure within our organisation and to other parties involved in delivery of our goods and services including Stripe. We agree to comply with relevant privacy laws in respect of any personal information collected in connection with the supply of the goods and services and any future like arrangement or arrangements. Because we use Stripe to process payments you consent to and understand that your personal information may be sent to Stripe, and may be transferred, processed and stored outside of New Zealand.
• 8.6    Electronic Communications: You consent to receive commercial electronic messages from us.  If you wish to opt out of receiving these messages please use the “unsubscribe” function and we will remove you from the mailing list.
• 8.7    Governing law and jurisdiction: This Agreement is governed by and construed in accordance with the laws of New Zealand in English, and each of the parties submits to the non-exclusive jurisdiction of the courts of New Zealand.

If you have any questions in regard to the terms and conditions, please email team@sweetspotbusinesscoaching.co.nz

By ticking the box I confirm that I have read and understood the Terms and Conditions and Privacy Policy which govern my program. I am aware that the program is a fixed price. If I choose to pay it off in monthly installments,  I understand that I am committed by law to paying the full price of the program and I am agreeing to the monthly contract payment plan.