Contract Terms and Conditions
1. From the date of the agreement, you have 12 months to complete the trainings specified on the front of this agreement.
2. Attendance priority - Priority for attendance of a particular training on a particular date will be given at the sole discretion of the Company.
3. Notices - All notice for requests to change the enrolment terms of this agreement must be given in writing by email to the Company's email address. Phone. personal, or other electronic requests will not be accepted.
4. Any instructions received by us from you for the supply of Services and/or your acceptance of Services supplied by us shall constitute acceptance of the terms contained herein.
5. Upon acceptance of these terms by you. these terms are irrevocable and can only be rescinded in accordance with these terms or with the written consent of the director of Company.
6. None of our agents or representatives are authorised to make any representations or statements, conditions or agreements not expressed by the director of the Company in writing nor is the Company bound by any such unauthorised statements. You hereby disclaim any right to rescind. or cancel this agreement or to sue for damages or to claim restitution arising out of any servant or agent of the Company and you acknowledge that you enrol with the Company relying solely upon your own skill and judgement and that we shall not be bound nor responsible for any term, condition or representation.
Cancellation, Transfer & Termination
7. Cooling off period - You may withdraw from this agreement without penalty or obligation by giving notice pursuant to clause 3 above within 7 days (inclusive of weekends and public holidays) of the date on the agreement.
8. You may request to transfer this agreement to another person by giving notice pursuant to clause 3 above. The Company has sole and absolute discretion in the granting or not granting of requests to transfer.
Payment/ Deposits/ Refunds
9. Unless otherwise agreed with the director of the Company, a deposit for the Services must be paid on the date this agreement is entered into. The deposit amount is decided at the sole discretion of the Company.
10. At the Company's sole discretion, payment by approved students may be made by way of payment plan (“payment plan”). If you enter into a payment plan:
I. You must pay the instalments in the amounts and frequency as stipulated on the overleaf.
II. Unless otherwise stipulated by the Company, a minimum deposit of 10% must be paid on acceptance of this agreement. If we do not receive a deposit on the date of acceptance, the agreement is immediately terminated.
III. Should you default on the payment plan as outlined on the overleaf, the full amount of the Services immediately becomes due and payable by you to the Company.
IV. In the event the overleaf has not been completed, you agree the Services must be paid within 12 months from the date of this agreement. You must make equal monthly payments of the total cost of the Services, ensuring the total cost of the Services is paid within 12 months.
11. Interest on any overdue or outstanding amounts shall accrue from the date when payments becomes due, daily until the date of payment, at a rate of 2.5% Compounding per calendar month and shall accrue at such a rate as an administration charge. You agree that this is a fair and reasonable charge and is directly relevant to the likely damage that the Company might suffer as a result of non-payment by you. Interest will be calculated on all outstanding amounts from the date of the outstanding amount became payable.
12. Any deposit paid with respect to the Services is not refundable, unless requested pursuant to clause 7 of this agreement. Any payments made with respect to the Services after the deposit is absolutely not refundable.
13. Should any of the Services be cancelled by the Company for any reason whatsoever, then refunds for the Services will be on a pro-rata basis in relation to the course length and calculated on the total cost of the Services less the deposit paid.
14. If you are paying for the Services by direct debit or credit card you acknowledge any cancellation of authorisation for direct debit or other automatic payment does not negate your responsibility to pay the full amount for the Services.
15. You acknowledge and agree that you will make full and complete payment of the Services as agreed under this agreement, even in the event you cannot attend any events in which you are registered to attend or utilise the Services of the Company for any reason.
16. If you do not pay your fees by the payment terms outlined in payment clause above, you will forfeit your rights as part of this agreement and be considered in default of this agreement pursuant to the default clauses.
17. If while attending an event your behaviour or actions are deemed inappropriate for the environment, you may be asked to leave. Depending on the severity of the behaviour, we reserve the right to consider you in default of this agreement pursuant to default clauses.
18. If you default in payment of any amount due and owing to the Company, you shall indemnify the Company from and against all the Company's costs and disbursements, including legal costs on an indemnity basis or on a solicitor and own client basis whichever is the higher and in addition all of the Company's nominees’ costs of collection inclusive of debt collection and agency fees and commissions.
19. Without prejudice to any other remedies the Company may have, if at any time you are in breach of any obligation (including those relating to payment), the Company may suspend or terminate the supply of Services to you and any of the Company's other obligations under these terms. The Company will not be liable to you for any loss or damage you suffer because the Company exercised its rights under this clause.
20. Warranties - You acknowledge that you are not relying on any warranties, promises, guarantees or representations made by us, or anyone acting or claiming to act on behalf of us unless it is in writing or made part of this agreement. All advertised material and all prior representations or agreements, if any, whether oral or written, are hereby superseded by this agreement. The agreement contains the entire understanding and agreement between you and the Company, and no addition or modification or any terms shall be effective unless set forth in writing and signed by you and us. No salesperson or employee of the Company has authority to modify the terms of this agreement.
21. Tax - For Company events occurring in locations that charge GST, Vat, Sales Tax, or other applicable tax, such taxes may be charged to the participant in accordance with local government tax regulations.
22. Subject to change - Dates, Locations, Times, Content and structure of events are subject to change. Please contact the Company's webpage for up-to-date information.
23. Right of Refusal - The Company reserves the right to send a participant home for any reason it deems appropriate. In such case. there will be no refund for meals, transportation, lodging or other relative incidental costs.
24. If any provision of these terms shall be invalid. void, illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected prejudiced or impaired.
25. The Company shall be under no liability whatsoever to you for any indirect loss and/or expense (including loss of profit; suffered by you arising out of a breach by the Company of these terms. In the event of any breaches of this agreement by the Company your remedies shall be limited to damages. Under no circumstances shall the liability of the Company exceed the price of the Services.
26. You shall not set off, deduct or reduce against the price of the Services, any amounts due from the Company.
27. Neither party shall be liable for any default due to any act of God. war, terrorism, strike. lock out, industrial action, fire. flood. drought. storm or other event beyond the reasonable control of either party.
28. This agreement is subject to the laws of New Zealand. You irrevocably submit to the jurisdiction of New Zealand and the Auckland Registry of the appropriate Court or Tribunal in the event of any dispute.
29. All of the Company's policies and procedures are available on the Company's website.
30. You agree that personal data provided may be used and retained by the Company for the following purposes and for other purposes as shall be agreed in writing between you and the Company or required by law from time to time.
I. Provision of Services and goods;
II. Marketing of Services and/or goods by the Company, its agents or distributors in relation to the Services and goods;
III. Analysing, verifying and/or checking your credit, payment and/or status in relation to provision of Services/goods;
IV. Processing of any payment instructions, direct debit facilities and/or credit facilities requested by you;
V. Enabling the daily operation of your account and/or the collection of amounts outstanding in your account in relation to the Services or goods.
Contact us if we can be of any assistance to you.
Our contact details are:
Kevin Harvey Coaching
Suite 10207, PO Box 106910
Auckland City 1143, New Zealand