Integral Development Terms and Conditions
Your use of the relevant products and services constitutes your agreement to these terms and conditions.
Currency of Quotation: A quotation remains current for three months from issue, after which we may update it.
Payment Terms: 50% of the contract fee will be invoiced on receipt of your signed client agreement, and the remainder after completion of the first coaching session, in the month of delivery unless otherwise agreed. Payment is due within 14 days of the invoice date. A late payment fee of 5% applies to invoices unpaid after 44 days. Credit card payments attract an additional 1.8% processing fee. Payment for public workshops and programs is due on the date of the first session of the program.
Cancellation: We charge a cancellation fee of 50% of the program fee for work cancelled or postponed within 10 working days of scheduled delivery, and 100% for work cancelled within five working days. All associated non-refundable costs, such as travel, catering, etc, will be charged to the client at full cost if the supply cannot be cancelled.
Withdrawal of 360° Survey Participants: Changes to the number of 360° survey participants must be advised to us prior to the commencement of the online feedback process. If participants are withdrawn after the survey process begins but before it ends, 50% of the total cost will be charged, and if participants are withdrawn after the survey ends the full cost will be charged. All variations to participants must be advised in writing.
Cancellation of Coaching Sessions: Cancellations or changes to scheduled coaching appointments must be made at least 48 hours in advance, failing which the full cost will be charged.
Travel Time: Where consultants travel outside the Perth CBD (>100km) to deliver training, Integral Development will charge for that time, at a minimum of half a day. Mileage will be charged if applicable.
Copyright and Permissions: Integral Development asserts exclusive copyright for all materials designed, produced and provided while conducting work for clients, whether or not an explicit copyright assertion appears on the relevant items. Copyrighted material may not be re-branded under any circumstances.
Intellectual Property: For the purposes of this Agreement, “Intellectual Property Rights” means any and all registered and unregistered intellectual property rights anywhere in the world including without limitation, all copyright, trade secrets, patents, patent applications, trade marks, domain names, business names and design rights, and all neighbouring or proximate rights in such things. This agreement: (a) does not transfer to the client any or any part of Integral Development’s Intellectual Property Rights, and (b) confers a licence to use materials to which such rights attach only for the purpose of the activities contemplated by this Agreement. The client acknowledges and agrees that Integral Development owns all the Intellectual Property Rights in course materials which are in existence as at the date of the agreement or come into existence after the date of the agreement through the efforts of Integral Development; or which are developed with the participation of the client during the course of the agreement.
Privacy & Confidentiality: We will keep all personal information confidential, but may use your contact details for future contact; and will not sell or pass on your details to other parties, except where they act as consultants or coaches for us and the information is required to deliver our goods or services to you. We will maintain the confidentiality of information received from the client organisation, participants and 360˚ raters. Unless agreed to at the commencement of the 360˚ process, information about nominated raters, participant results, survey data and the content of coaching sessions will be confidential, and we will provide copies of reports only to the participant. Paper questionnaires will be destroyed one month after reports are returned to participants. You consent to Integral Development retaining and using anonymised data harvested from participant responses, and, to the fullest extent permitted by law, you hereby consent to such action on behalf of the participants representing your organisation or company.
Safety and Health: To ensure the safety and health of all employees, consultants and others involved in the provision of our services, you must provide a safe and healthy environment when they persons visit premises for which you are responsible. You must implement effective OSH policies and procedures and hold adequate public liability insurance cover.
Warranty and Indemnity. You warrant that all participants will act at all times in a responsible manner taking care for the safety of other persons and their property. You indemnify us and will continue to indemnify us against all loss, damage and liability to any person arising from any breach of this warranty.
(a) GST: We and you will comply with the GST laws in every respect in relation to invoicing and payments under this agreement.
(b) DISPUTES: Neither we nor you may resort to litigation to resolve a dispute under this agreement, except for urgent injunctions, unless we and you first make a bona fide attempt to resolve the dispute by negotiation, and, if negotiation fails, by mediation before a mutually acceptable mediator, or one appointed by the President of the Law Society of Western Australia. We and you will continue to perform this agreement pending the resolution of any dispute.
(c) ENTIRE AGREEMENT: These Terms and Conditions represent the whole of the agreement between we and you on the subject matters dealt with here, and that all other discussions, representations and understandings are excluded.
(d) GOVERNING LAW & JURISDICTION: This agreement is governed by the laws of Western Australia, and is subject to the exclusive jurisdiction of the courts of that State.
(e) SEVERABILITY: If any provision or term of this agreement becomes or is declared by a court to be illegal, invalid or unenforceable for any reason, that provision or term will be deemed to be severed and the remainder of the agreement will remain in force and be binding on we and you.
(f) VARIATION: This agreement may be varied only by a writing signed by both us and you.
(g) CONTINUING OBLIGATIONS: All payment obligations, warranties and indemnities will survive the termination or expiry of this agreement.
(h) WAIVERS: The failure, delay or omission by we or you to exercise any power or right conferred upon that party by this Agreement will not operate as a waiver of such power or right, nor will any single exercise or failure to exercise any such power or right preclude any other future exercise of the same power, or the exercise of any different power or right under this Agreement.
Business Name: Integral Development
ABN: 41 008 738 672
Telephone: +61 8 9242 8122
Postal: PO Box 5766, St Georges Terrace, WA, 6831
Address: Level 3, 88 William Street, Perth, Western Australia 6153