1. Our obligations

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We will provide our services to you with professional care and skill.

 

2. You agree to

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• a. Give us timely, complete, accurate, and proper instructions and all relevant materials for the services we are providing.

• b. Take responsibility for deciding if a transaction is financially viable, the good faith of other parties involved, and all financial, tax, and commercial matters concerning the transaction.

• c. Understand that we are not responsible for checking, validating, or verifying the suitability, accuracy, or correctness of any formula, calculation, or equation used in any document or otherwise related to the transaction or our services.

• d. Unless otherwise agreed with us in writing, it is your responsibility to perform necessary acts and deliver notices to affirm the exercise of any right, renewal, extension, variation, or termination, or to make any claim or start any action.

• e. Decide if the services we offer are suitable and appropriate for your needs and circumstances.

 

3. Our billing policy is

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• a. For consultancy services, to issue tax invoices on a monthly basis, but we may issue them more frequently depending on the work.

• b. For training services, to issue invoices in advance of the training. All tax invoices for consultancy services are due and payable 30 days from the date of the invoice. All tax invoices for training services are due and payable either 30 days from the date of the invoice or the business day immediately before the course starts, whichever is earlier. You agree to us sending our tax invoices to you electronically at your usual email address or mobile phone number.

 

4. You may accept this agreement by

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• a. Signing and returning this document to us.

• b. Continuing to instruct us.

• c. Accepting the services or training we provide.

• d. For training services, including online training, ticking the appropriate box signifying your agreement with these terms. When you accept, you agree to pay for our services on these terms.

 

5. Licence terms

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For online training services and online training modules from third parties that we resell, you must agree to the terms and conditions of any relevant license agreement before the online training is made available to you. You may accept the terms and conditions of any license agreement for online training services by:

• a. Signing and returning the license agreement to us.

• b. Accepting the training we provide.

• c. Ticking the appropriate box signifying your agreement with the terms and conditions of the license agreement.

 

6. Payment Methods

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• a. Approved credit.

• b. Ask for the client's credit card details

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7. Retention of Your Documents

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After we finish your work or our services are terminated by either party, we will keep your documents for 1 year. Your agreement to these terms gives us permission to destroy the file after 1 year, unless prohibited by law. You agree that the documents may be stored electronically and that the original hard copies may be destroyed, unless you instruct us otherwise. We may also make copies of the documents before returning them to you. You will be responsible for the cost of storing and retrieving documents in storage and our professional fees for this.

 

8. Our work product

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The advice and documents we prepare for you in relation to a matter are only for that matter and must not be relied on by you or any third party in connection with any other matter.

 

9. Liability

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We may share information with you that we consider relevant to your matter, but we are not responsible for any reliance you or any third party may place on that information.

 

10. Termination by Us

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We may stop acting for you or refuse to do further work for any of the following reasons:

• a. Any of our tax invoices remain unpaid.

• b. You do not pay an amount for disbursements or future costs within 7 days of our request.

• c. You do not give us clear and timely instructions.

• d. You refuse to accept our advice.

• e. You indicate to us or we believe that you have lost confidence in us.

• f. There are ethical grounds that require us to stop acting for you, such as a conflict of interest.

• g. There is any other reason outside of our control that affects our ability to do the work within the required timeframe.

• h. It is no longer appropriate for us to act for you in our sole discretion.

• i. Just cause. We will give you reasonable written notice if we stop providing consultancy services to you. You will need to pay our costs incurred up to the date of termination.

 

11. Cancellation of training services by us

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We may cancel training services by giving you notice if the training session is not fully subscribed, the training venue or trainer is not available, or for any other reasonable reason. If you have paid in advance for the training, you can choose to either get a refund of the fees you paid or a credit for training services with us worth the same amount.

 

12. Termination or Cancellation by You

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You may:

• a. End our consultancy services at any time with written notice.

• b. Cancel your attendance at a training session or online seminar by giving us written notice at least 30 days before the session or seminar.

However, if you do this, you will need to pay our costs, including payments we have made to third parties for services like facilitating training, up to the date of termination or cancellation. If you give us written notice of cancellation at least 30 days before the training session or seminar, you can choose to either get a refund of the fees you paid or a credit for training services with us worth the same amount. If you cancel less than 30 days before the session or seminar, you will not be entitled to a refund or credit. If you agreed to subscribe to online training modules from third parties that we resell, we will have already paid the supplier for those modules and you must pay the agreed fees, even if you do not use the modules. If we have not ordered the modules from the supplier or incurred any liability to them before we receive written notice from you that you do not want the modules, we will refund any payments we received from you for those modules.

 

13. Privacy

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We will collect your personal information when providing our services and may also get information from third parties. We will use your personal information only for the purposes for which it was collected or in accordance with the Privacy Act 1988. For example, we may use your personal information to give you advice and recommendations based on your personal circumstances. We will not disclose your information overseas unless our services require us to deal with parties located overseas. If your matter involves overseas parties, we may disclose some personal information to overseas recipients connected to the matter in order to provide our services to you. We will protect and manage your personal information according to our privacy policy, which you can request or find here. Our policy has information about how you can access and correct the personal information we have about you and how you can raise any concerns about our handling of personal information. You can contact us in writing for more information.

 

14. Program Changes:

 

Cyberwell reserves the right to make changes to the advertised program as needed. The instructors and speakers listed are accurate at the time of publication but may change without notice.

 

15. Sending Material Electronically

 

We can send and receive documents electronically, but this method is not secure and may be copied, recorded, read, or otherwise accessed by third parties during transmission. If you ask us to transmit a document electronically, you release us from any claims resulting from unauthorized copying, recording, reading, or interference with the document, delays or non-delivery, or damage to your system or files.

 

 

16. GST

 

If applicable, GST will be charged on our professional fees and expenses and will be clearly stated on our invoices. By accepting these terms, you agree to pay the GST on these charges.

 

17. Governing Law and Jurisdiction

 

These terms are governed by the law of the State of Western Australia and applicable laws of the Commonwealth of Australia and the parties submit to the non-exclusive jurisdiction of the courts of that State and courts which hear appeals those courts.