Terms & Conditions

These Terms, subject to any variations agreed to in writing, apply to the purchase of Services by the client identified in the tax invoice  (Client or you) from Rebekah Joy Di Blasi trading as Design Your Best Work Life (ABN 65 520 549 112) (us/we/our). Where you are  purchasing the Services for access by your employees, you must ensure your employees agree to and comply with these Service  Terms & Conditions. 

(1) Definitions & Interpretation 

In these Terms: 

(a) Australian Consumer Law has the meaning given in the  Competition and Consumer Act 2010 (Cth). 

(b) Confidential Information means all information  regardless of its form exchanged between the parties but  does not include information which is or becomes public  knowledge other than by a breach of this Agreement or  which is received in good faith from a third party entitled to  disclose it. 

(c) Fees mean the costs payable for performance of the  Services as set out in a tax invoice provided by us.

(d) Intellectual Property Rights means all existing and future  intellectual and industrial property rights throughout the  world, whether conferred by statute, common law or  equity, including moral rights and rights in relation to  copyright, trademarks, designs, circuit layouts, plant  varieties, business and domain names, trade secrets,  patent rights and rights to require that know-how be kept  confidential (including the right to apply for registration of  any such rights) and other results of intellectual activity in  the industrial, commercial, scientific, literary or artistic  fields.  

(e) Services means any of the career coaching and  associated services provided by us and listed from time to  time at https://www.designyourbestworklife.com.  (f) Terms mean these terms and conditions.  

(2) Services  

(a) We will provide you with the Services as set out in the tax  invoice with due skill, care and diligence and in accordance with these Terms and all applicable laws and  regulations and in return you will pay the Fees.  

(b) This engagement is non-exclusive and either party is free  to enter into agreements to perform or receive services the  same or similar to the Services.  

(c) Without limiting any other lawful method of acceptance,  payment of the Fees is deemed to be acceptance by you  of these Terms.  

(d) Services will commence on the later of: 

i. receipt of payment of the Fees and/or proof of  purchase; and 

ii. all requested information and material being  provided to us. 

(e) Where you are a corporate client, we may provide  Services to your employees as agreed and described in  the tax invoice. Unless otherwise agreed in writing, access  by employees to the Services will be for 12 months from  payment of the tax invoice. 

(f) You acknowledge and agree that: 

i. the Services are for educational purposes only  and you are solely responsible for any progress and results you wish to achieve from the Services; 

ii. the coaching process is comprehensive and  may explore different areas of your life, including  work, finances, health and relationships, but it is  ultimately your decision how much you choose to share with us and how you incorporate any coaching into each aspect of your life; and 

iii. we rely on the information, documents and  material that you provide to be able to perform the Services in a satisfactory and timely manner.  Any delayed or incomplete information may affect the quality of the Services provided to you.

(3) Fees and payment 

(a) The price for each Service is as set out on our website at  https://www.designyourbestworklife.com, as updated from  time to time. The prices are subject to change and the  exact Fees will be confirmed at the time a tax invoice to  you. 

(b) Following a discovery call or request by you for Services,  we will issue a tax invoice for payment of the Fees. 

(c) You must pay us the Fees within 7 days by  electronic/online banking, credit/debit card via Stripe or  any other method agreed with us. All amounts are stated  in Australian dollars and are exclusive of GST (unless  otherwise stated).  

(d) You must not set off against the Fees any sums owed or  claimed to be owed to you nor withhold payment because  part of the tax invoice is in dispute.  

(e) Interest will accrue on overdue invoices daily from the due  date for payment at a rate of 2.5% per calendar month.  

(4) Refunds & Changes 

(a) We provide one-on-one career coaching and bespoke  professional writing services. A considerable amount of  time and effort goes into career coaching sessions and  researching, drafting, writing and proofreading your new  documents. It is this time that you are purchasing, rather  than a tangible product. 

(b) If you change your mind after payment but prior to your  phone consultation, we will refund the Fees paid minus a  $60 cancellation fee. This is to compensate us for  administrative costs and holding that time for you.  Following this, refunds are only permitted in accordance  with the Australian Consumer Law under clause 6.  

(c) We provide a 30-day ‘free changes’ period to all  professional writing jobs. This means you have 30 days  from receipt of your final documents to request any  reasonable changes/reviews. We will determine the scope  of reasonable modifications. If you require further changes  after this period, further charges may apply.  

(d) We reserve the right to not accept your request for  Services or postpone, cancel or reschedule performance  of the Services. Where we postpone or reschedule, we will  organise another mutually convenient time or if the  Services have been cancelled, we will refund any Fees  paid for those Services. 

(5) Intellectual Property 

(a) We retain ownership of all Intellectual Property Rights  (including moral rights) in the Services, programs, courses  or materials. They may not be used without our prior  written consent. 

(b) Any Service, course or materials provided to you by us  under this Agreement are copyrighted and original  materials that have been provided to you are for your  individual use only under a single-user license.

(c) You agree not to infringe any third parties’ Intellectual  Property Rights. 

(6) Liability 

(a) We care deeply about your success, but we make no  promises or guarantees regarding results that you’ll get  from the Services. Client testimonials are for information  and inspiration purposes only. 

(b) In Australia, goods and services come with guarantees  that cannot be excluded under the Australian Consumer  Law. For major failures with the Service, you are entitled: 

i. to cancel your service contract with us; and ii. to a refund for the unused portion, or to compensation for its reduced value.

(c) You are also entitled to be compensated for any other  reasonably foreseeable loss or damage. If the failure does  not amount to a major failure you are entitled to have  problems with the service rectified in a reasonable time  and, if this is not done, to cancel your contract and obtain  a refund for the unused portion of the contract. 

(d) Nothing in these Terms purports to modify or exclude the  conditions, warranties and undertakings, and other legal  rights, under the Australian Consumer Law. 

(e) Despite anything to the contrary, to the maximum extent  permitted by law:  

i. any and all other warranties or conditions which  are not guaranteed by the Australian Consumer  Law are expressly excluded where permitted, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition; 

ii. our maximum aggregate liability arising from or  in connection with the Terms and the Services will be limited to, and must not exceed, the portion of the Fees paid by you to us for the Services the subject of the relevant claim; and 

iii. we will not be liable to you for any loss of profit  (including anticipated profit), loss of benefit (including anticipated benefit), mis-delivery, delay in performance or non-performance of the  Services, loss of revenue, loss of business, loss  of goodwill, loss of opportunity, loss of savings  (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

(7) Termination 

(a) We may terminate this Agreement with immediate effect  by giving you written notice if you: 

i. do not pay the Fees by the due date; 

ii. do not provide (within a reasonable period of  request) the information or material required for us to perform the Services; or 

iii. breach any other obligation contained in these Terms.  

(b) Either party may terminate this Agreement if:

i. the other party commits a material breach and  fails to remedy such breach within 7 days of receipt of written notice or such breach is not capable of remedy; 

ii. the parties mutually agree to terminate; or iii. the other party becomes insolvent or bankrupt. 

(c) If this Agreement is terminated: 

i. you must immediately pay all Fees due for  Services provided up to the date of termination; 

ii. each party must return or destroy (at the other  party’s request) all Confidential Information; and 

iii. we are not obliged to carry out any further  Services for you.  

(d) In the unlikely event that we are unable to provide the  Services for any reason including illness, injury,  emergency, Act of God, any widespread illness, quarantine or government sanctioned ordinance or  shutdown, pandemic, epidemic, or other force majeure  event, and we are unable to reschedule, you may  terminate this Agreement and we will refund all Fees paid.

(8) Confidentiality & Privacy 

(a) The parties must keep confidential all Confidential  Information.  

(b) Neither party may, without prior written consent, disclose  or given to any third party any Confidential Information of  the other party except as required by law or to legal/financial representatives. You must not advertise, publish or release information (including Confidential  Information) to the media or public concerning these  Terms, the Services, Fees or us generally without our prior  written consent.  

(c) All Confidential Information must be returned or destroyed  on a party’s request. 

(d) You indemnify us in respect of all loss arising out of any  unauthorised use or disclose of Confidential Information by  you.  

(e) All personal information collected by us will be handled in  accordance with our Privacy Policy available at www.designyourbestworklife.com/privacy-policy.  

(9) General 

(a) Disputes: Neither party may commence court proceedings  relating to any dispute arising from, or in connection with,  these Terms without first meeting with the other party to  seek (in good faith) to resolve that dispute (unless that  party is seeking urgent interlocutory relief or the dispute  relates to compliance with this clause). 

(b) Notices: Any notice given under these Terms must be in  writing. Notices to us must be sent to rebekah@designyourbestworklife.com. Notices to you will  be sent to the email or postal address set out in the tax  invoice.  

(c) Relationship: We agree that we are independent  contractors and the relationship between us does not  constitute a partnership, joint venture, or relationship of  agent/principle or employer/employee.  

(d) Assignment: You must not assign any rights or obligations  under these Terms, whether in whole or in part, without  our prior written consent.  

(e) Electronic signing: Each party consents to the use of  electronic signatures in lieu of hard copy execution where  applicable and agree the electronic signatures of their  authorised representatives are valid and binding.  

(f) Entire agreement: The Terms, together with the tax  invoice, form the entire agreement between us and you in  connection with the Services. To the extent permitted by  law, any statement, representation or promise made in any  documentation, negotiation or discussion has no effect  except where expressly set out in writing. 

(g) Waiver: Failure by either party to enforce any provision of  these Terms will not be treated as a waiver nor will it affect  that party’s right to subsequently enforce that provision. If  any clause is deemed to be invalid, void or unenforceable  it will be severed from the Terms and the remainder of the  clauses will be unaffected.  

(h) Amendment: These Terms, once agreed by the parties,  can only be varied by written agreement of the parties. 

(i) Governing law: These Terms are governed by the laws of  Victoria. Each Party irrevocably and unconditionally  submits to the exclusive jurisdiction of the courts operating  in Victoria and any courts entitled to hear appeals from  those courts and waives any right to object to proceedings  being brought in those courts.