Technology Coach Terms and Conditions

General Terms and Conditions

By hiring Technology Coach, The Client agrees to the definitions above and the following terms:

With Regard to Services

  1. Technology Coach Services are provided as defined on technology.coach, unless otherwise written.
  2. Technology Coach Services do not guarantee any specific outcome for the Client other than what is written in the quote or invoice.

With Regard to Marketing and Promotion

  1. Unless part of the quote/invoice, Technology Coach branding will be applied to services performed for the Client at the sole discretion of Technology Coach.
  2. Unless specified in writing, Technology Coach will use generic non-confidential information about services performed for the Client publicly for marketing purposes.
  3. By receiving a quote or services from Technology Coach, you agree to receive promotional emails from Technology Coach. Note: Technology Coach will not share your personal information with any third parties without your express consent.
  4. Technology Coach is agreeable to providing such computer services to The Client on the terms and conditions set out here.
  5. Except as otherwise provided in writing, all monetary amounts referred to are in AUD (Australian Dollars)
  6. The Client will be invoiced when the Services begin.
  7. Invoices submitted by Technology Coach to The Client are due as written on the invoice or as otherwise agreed between both parties in writing.
  8. In the event that The Client decides to terminate work on an invoice with Technology Coach prior to completion of The Services but where The Services have been partially performed, Technology Coach will be entitled to pro rata payment of the total invoice amount.

With regard to confidentiality

Confidential information (the “Confidential Information”) refers to any data or information relating to the business of the Client which would reasonably be considered to be proprietary to the Client including, but not limited to, accounting records, business processes, and client records and that is not generally known in the industry of the Client and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.

Technology Coach agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which Technology Coach has obtained, except as authorised by the Client or as required by law. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this Agreement.

All written and oral information and material disclosed or provided by the Client to the Contractor under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to the Contractor.

With regard to intellectual property

All¬†intellectual property and related material, including any trade secrets, moral rights, goodwill, relevant registrations or applications for registration, and rights in any patent, copyright, trade mark, trade dress, industrial design and trade name (the “Intellectual Property”) that is developed or produced under this Agreement, will be the sole property of the Client once full payment is received and use of the Intellectual Property by the Client will not be restricted in any manner. (Before payment is received, the intellectual property belongs to Technology Coach.)

Technology Coach may not use the Intellectual Property for any purpose other than that contracted for in this Agreement except with the written consent of the Client. Technology Coach will be responsible for any and all damages resulting from the unauthorised use of the Intellectual Property.

Regarding Capacity

In providing the Services under this Agreement it is expressly agreed that Technology Coach is acting as an independent contractor and not as an employee. Technology Coach and the Client acknowledge that this agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.

Regarding sub-contractors

Except as otherwise provided in writing, Technology Coach may, at Technology Coach’s absolute discretion, engage a third party sub-contractor to perform some or all of the obligations of Technology Coach to fulfil a quote/invoice.

In the event that Technology Coach hires a sub-contractor:

Technology Coach will pay the sub-contractor for its services and the Compensation will remain payable by the Client to Technology Coach.