MYbrainwave Client Terms
1. FEE STRUCTURE. All fees are + GST at 10%. The fee stated covers the time required to perform the stated tasks. Any additional tasks required will be charged at an agreed fee prior to commencement.
2. PAYMENT OF FEES. For public and in-house training, fees are payable 21 days in advance of training commencement to secure the booking. For consulting engagements up to a total value of $20,000 50% will be invoiced upon authority to proceed and the remainder upon completion. For consulting engagements above a total value of $20,000 invoices are submitted every 14 days. For project delivery engagements invoices are submitted weekly. Payment terms are strictly 14 days from receipt of invoice. For goods sold, payment is due on receipt of invoice.
3. SUSPENSION OF WORK. Should payments not be received by the due date in accordance to item (1) and (2) MYbrainwave may suspend work till such time as the outstanding amount is cleared.
4. CREDIT CARD PAYMENTS. All payments made by Visa and MasterCard are subject to a 2% surcharge. All payments made by AMEX are subject to a 3% surcharge. This is unfortunately due to the additional Merchant fees MYbrainwave are charged for processing the payment.
5. CONFIRMATION OF BOOKING. Consultancy, in-house training, delivery and resource bookings cannot be confirmed until a formal instruction to proceed or purchase order is received. Public training workshop bookings cannot be confirmed until payment is received.
6. CONFIDENTIALITY. Each party will keep confidential and not disclose or make public the Confidential Information of the other party without the prior written consent of the other party.
7. QUOTATION VALIDITY. Proposals are valid for a period of 30 (Thirty days) from the date issued
8. INTELLECTUAL PROPERTY. MYbrainwave intellectual property is one of the foundations of our business and consequently: The material used for consulting engagements or education workshops when owned or created by MYbrainwave Pty Ltd, remains the property of MYbrainwave Pty Ltd. No part of any MYbrainwave documentation, training manual, courseware or methodology may be reproduced in any form, stored in any retrieval system, transmitted or distributed in any form or by any means; electronic, mechanical photocopying, recording or otherwise without the express written permission of MYbrainwave Pty Ltd.
Where there is an integration of MYbrainwave and Client intellectual property.
a) Pre-contract intellectual property (materials created or owned by MYbrainwave prior to formal client engagement): Materials used for consulting engagements or education workshops that are owned or created by MYbrainwave (for example standard training materials and methodologies) is intellectual property owned by MYbrainwave and remains so at all times.
Pre contract material, content, information or process that contains specific client owned content is regarded as the clients’ Intellectual Property and respected accordingly.
b) Post-contract intellectual property (materials created for the client during the engagement that may be paid for by the client): In respect of any articles, documents, reports, designs, layouts, photographs or any material whatsoever prepared, created, written or otherwise is shared intellectual property between the client and MYbrainwave unless otherwise agreed in writing. This does not include any Pre-contract intellectual property of either party.
9. CANCELLATIONS NOTICE. MYbrainwave will endeavour to accommodate cancellations of assignments or workshops where adequate notice of 4 weeks is provided in writing. Where adequate notice is not provided MYbrainwave will charge the full fee.
10. LIABILITY. MYbrainwave Pty Ltd endeavour to satisfy the requirements of their clients. In the unlikely event of any claim, action or demand made against MYbrainwave Pty Ltd, MYbrainwave’s liability will be capped at the total amount of fees received from the client pertaining to the work in any consecutive 2-month period.
11. NO POACHING: The Customer undertakes to not entice away or endeavour to entice away from MYbrainwave any employee or contractor of MYbrainwave within 1 year of completing any work carried out unless otherwise agreed in writing by both parties. The Customer acknowledges that the prohibition and restriction contained in this clause are reasonable in the circumstances and necessary to protect the business of MYbrainwave.
12. SEVERABILITY. If any provision of these terms is held to be invalid, all the other provisions of these terms will remain in full force and effect.
13. ENTIRE AGREEMENT. These terms supersede all prior agreements, arrangements and undertakings between the parties and constitute the entire agreement between the parties in relation to the Services.
14. ACCEPTANCE. To commence work please provide an authority to proceed or purchase order. Please note: By instructing MYbrainwave to commence work or providing a purchase authorisation you are accepting the above terms.
MYbrainwave client terms 21.06.16: ACN 601 664 733 ABN: 32 801 696 054