echelon Service Terms
These terms and conditions apply to all services provided by echelon Leadership Psychology Pty Ltd (ABN 98 007 929 786) (we/us). They should be read alongside our email or proposal document (Proposal) which sets out the details of the services to be provided (Services). Together, the Proposal and these terms form the agreement between the parties.
1. Engagement
The organisation identified as the addressee of the Proposal (you/Client) appoints us to provide the Services on the terms and conditions set out below. You can accept these terms either by signing the Proposal or by instructing us to commence the Services (including booking a date for Services to be provided).
2. Scope of Services
a. The Services are limited to those expressly described in the Proposal. Any additional or adjacent services will be subject to additional fees. Any assumptions, exclusions or dependencies stated in the Proposal form part of the scope.
b. Our Services are professional consulting services, not medical or therapeutic services. We do not guarantee outcomes, behavioural changes, or performance improvements, as these depend on factors outside our control
c. Our Services are provided using our professional judgment based on the information available to us at the time. It is therefore important that you provide us with all relevant information.
3. Client Responsibilities
You must:
a. provide timely access to information, personnel and resources reasonably required for us to perform the Services;
b. ensure information you provide is accurate and complete (including promptly notifying us if you discover that it has become inaccurate or incomplete); and
c. inform your personnel that we may share information provided by them with you as appropriate and agreed with them (unless agreed otherwise, for example in the context of career advice).
We are not responsible for delays or impacts caused by your failure to meet these obligations.
4. Fees and Expenses
a. All references to “$” are in Australian dollars. Fees are exclusive of GST, which will be added where applicable.
b. Fees and any agreed disbursements are payable as set out in the Proposal. You also agree to reimburse our reasonable travel expenses incurred directly in relation to the Services (but not our travel to or within Melbourne CBD).
5. Invoicing and Payment
a. Fixed fees are invoiced at the commencement of the Services, or as agreed with you.
b. Non‑fixed fees are invoiced in arrears on a monthly basis.
c. Payment is due 21 calendar days from the invoice date.
d. We may suspend Services if invoices remain unpaid after the due date. You are responsible for our reasonable costs incurred in recovering overdue amounts.
6. Cancellations and Variations
a. We may update these terms from time to time by publishing the update on this page (here). You are bound by the version of the terms published at the time you enter into the agreement.
b. The scope of Services and applicable terms may only be varied by written agreement signed by both parties. Variations may result in changes to fees and timeframes.
c. If you require a variation after commencement, but do not agree to the revised fees or timeframes we propose, we may terminate the Services and invoice you for work performed up to termination.
d. We will use all reasonable endeavours to perform Services at agreed times; however, we may need to reschedule due to illness or events outside our control.
e. You agree to provide us with, and procure that your personnel provide us with, 24 hours’ notice if you need to cancel or reschedule any Services, including one-on-one sessions, workshops, interview panels or group meetings.
f. Cancellations or rescheduling made with less than 48 hours’ notice but more than 24 hours’ notice may incur a fee equal to 50% of the session fee. Sessions cancelled or rescheduled with less than 24 hours’ notice may be charged in full because we are unlikely to be able to reallocate staff time.
7. Intellectual Property
a. You retain ownership of your intellectual property which exists at the commencement of the Services or which you develop independently of the Services.
b. As between the parties, we retain ownership of all intellectual property in the methodologies, frameworks, tools, systems, processes and materials, including deliverables, developed or used in delivering the Services. We grant you a non‑exclusive, non‑transferable, non-sublicensable licence to use such intellectual property for your internal business purposes relating to the Services only.
8. Confidentiality
a. Each party must keep confidential any of the other party’s information that is marked or would reasonably be understood to be confidential and use it only for the purposes of the Services and associated internal business activities. Our pricing should be treated as confidential information.
b. The obligation above does not apply to disclosures to professional advisors, disclosures required by law or disclosures of any information which is lawfully in the public domain.
c. Where you provide us with information relevant to the Services, we are entitled to assume that information can be shared with your other personnel in the context of performing the Services unless you tell us otherwise.
d. Each party must promptly notify the other if it has suspects or knows that there has been unauthorised disclosure or access to that party’s confidential or personal information and must provide all information reasonably requested in relation to such breach.
e. This clause survives completion or termination of the Services.
9. Privacy
We will handle personal information in accordance with the Privacy Act 1988 (Cth) and our privacy practices set out in our Privacy Policy
You consent to us collecting, using and disclosing personal information for the purpose of providing the Services and keeping business records relating to the same.
Each party must promptly notify the other if it has reason to believe that the other party’s personal information has been disclosed in an unauthorised manner.
10. Assessment tools
We may use proprietary or licensed assessment tools, platforms, or services as part of the Services. These may be subject to third party terms which will be notified to you. Assessment tools and reports are intended to support, not replace, your professional judgment and must not be copied, adapted, reverse engineered, shared or used outside your internal business purposes relating to the Services. You must never share any username or password relating to our online tools.
11. Other clients
We may provide services to other clients including your competitors; however, we will never use or disclose your confidential information for this purpose.
12. Marketing
We may identify you as a client for marketing purposes (including use of your name and logo) unless you notify us in writing that you do not consent or wish us to stop
13. Liability
a. To the maximum extent permitted by law, we are not liable to you for any loss arising from your reliance on our advice or deliverables, and all guarantees and express or implied warranties in respect of the Services are excluded. We are not responsible for your or your personnel’s business decisions, acts, or omissions.
b. Except for liability which cannot be excluded under applicable law, our liability arising out of or in connection with the Services is limited, at our option, to:
- resupplying the Services;
- paying the cost of resupplying the Services; or
- refunding fees paid for the affected Services.
c. Neither party is liable to the other for indirect, consequential or economic loss, including reputational damage, loss of profits, revenue, data or business opportunities.
d. Nothing in this agreement excludes, restricts or modifies any rights or remedies that cannot be excluded under the Australian Consumer Law.
14. Force Majeure
Where the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
15. Termination
a.This agreement expires once the Services are complete.
b. Either party may otherwise terminate this agreement:
- immediately if the other party materially breaches the agreement and fails to - remedy the breach within 14 days following written notice to do so;
- on 30 days’ written notice for convenience; or
- immediately if the other party becomes insolvent.
c. On termination, all outstanding invoices become immediately payable. Clauses stated or intended to survive termination continue to apply.
16. Governing Law
This agreement is governed by the laws of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of its courts.
get in touch
Contact us
Get in Touch
Use the form below to make an enquiry, or call 1300 856 480
* Required fields. By submitting this form, you agree for us to contact you in accordance with our privacy policy and terms of use.