Daniel Yen Consulting terms of service are as follows:
You agree to provide in a timely fashion all information and documents reasonably required to enable "Daniel Yen Consulting" thereafter referred to as "The Consultants" to provide professional Services. The Consultants will not independently verify the accuracy of such information and documents and will not be liable for any loss of damage arising from any inaccuracy or other defect in any information or documents supplied by you.
If you wish to provide third parties with copies of The Consultants reports, letters, information or advice, you must first obtain the written permission of The Consultants to disclose the document(s) or information.
Set the terms on which those copies are given or used; or
Require the third party to enter into a direct relationship with The Consultants or to enter a standard form deed poll of confidentiality.
The Consultants will use the objective standard of reasonable skill and care in the provision of the Services which would apply to similar professional firms providing business consultancy, mentoring and presentation services.
The liability of The Consultants in respect of all claims, actions, demands, proceedings, liabilities, damages, amounts, costs and expenses (including legal costs and disbursements on a solicitor and own client basis) arising, paid, suffered or incurred by you (directly or indirectly) as a result of or in connection with a negligent act or omission by The Consultants or any breach or non-performance of any express or implied obligations by The Consultants under these Terms shall be limited, The Consultant’s option, to either re-supplying the Services or paying the cost of having the Services re-supplied.
Indemnity for Liability to third parties
You agree to indemnity The Consultants against all liabilities, claims, costs, losses, suits or expenses (including legal fees and disbursements) incurred by The Consultants in respect of any third party claim which is related to, arises out of, or is in any way associated with, this engagement. However, the indemnity does not apply to any costs, charges and expenses in respect of any matters which are finally determined to have resulted solely and directly from The Consultants’s negligent or wilful acts or omissions.
You also agree to indemnify The Consultants, its partners, associates, employees, contractors and any other person who may be sought to be made liable in excess of the limit of liability described above in respect of any activity arising from or connected with the Contract in respect of any claim of whatever kind, including negligence, that may be made by any person and any costs and expenses that may be incurred by us.
The working papers for this engagement, including electronic documents and files, are the property of The Consultants and constitute confidential information.
We understand the importance of protecting the privacy of your personal information. In handling personal information, we comply with the Privacy Act.
The kinds of personal information we collect include your name, address, telephone number, email address, financial information, and any legal information, where relevant to the provision of the Services to you.
We may also use your personal information for the purpose of providing you with our newsletters and invitations to seminars or other events. You can unsubscribe yourself at any time without informing us.
To provide the Services, we may disclose your personal information to our business partners and associates and to third parties engaged to perform administrative or other services. We may also disclose your personal information if required or authorised by law.
Relationship with other clients.
We provide Services to other clients, some of whom may be in competition with you or have interests which conflict with your own. We will not disclose any of your personal information, or any confidential information that may come into our possession as a result of the Contract, to those other clients. However, this will not prevent or restrict us from providing Services to other clients.
Intellectual Property Rights
All copyright and other intellectual property rights in all materials and tools (including software and working papers). Data, designs, models, mythologies, analysis frameworks, practices, ideas, concepts and techniques brought to the engagement or created in the course of the engagement of The Consultants shall remain and be irrevocably vested in The Consultants
If a provision in these Terms is held by a court to be wholly or partially void, illegal or unenforceable, then the provision or part thereof must, to the extend, be treated as deleted and severed from these Terms. This severance will not affect the validity or enforceability of the remainder of the provisions contained in the Contract.
The above does not apply and has no effect if severance of the provision of these Terms in accordance with above clause materially affects or alters the nature or effect of the parties’ obligations under these Terms such that performance of those obligations is frustrated or impossible to perform.
Solicitation of Personnel.
During the Contract, and for (6) months after it ends, you agree not to solicit for employment or contractual consultancy purposes, whether on a part time, full time or casual basis, or to independently contract the services of, any of The Consultants partner, employee or contractor of The Consultants who is involved with performing the Services without The Consultant’s prior written consent. This prohibition applies to both contracts of service and contracts for services.
The Consultants will provide the Services as an independent contractor. Nothing in the Contract shall be construed to create a partnership, joint venture or other relationship between the parties. No party has the right, power or authority to oblige or contractually bind the other in any manner.
Governing Law & Jurisdiction.
All aspects of the Services and the Contract are governed by, and construed in accordance with, the laws of Australia in which this Terms and Conditions is issued and the parties irrevocably submit to the exclusive jurisdiction of the Courts of the State including Federal Courts.
If there is a dispute relating to the Services or the Contract, the parties will submit to mediation before having recourse to any other dispute resolution process. Written notice of the dispute must be given to the other party for it to be submitted to mediation before a mediator chosen by the parties or, where the parties cannot agree on the identity or terms of engagement of a mediator, then as selected by the Australian Commercial Disputes Centre (“ACDC”). The parties will use their best endeavours to settle the dispute promptly. The mediation will be conducted in accordance with the ACDC Mediation Guidelines to the extent that they do not conflict with the provision of this clause. If the dispute is not resolved within 60 days after notice of the dispute or such further period agreed between The Consultants and the Client, then the mediation will terminate.
We may communicate with you electronically from time to time, including sending you Commercial Electronic Messages (as that term is defined in the SPAM Act 2003 (Cth)). You consent to us sending Commercial Electronic Messages to you and you may opt out at any time if you no longer wish to receive these commercial messages from us. The Consultants may communicate with you electronically. Electronically transmitted information cannot be guaranteed to be secure or error or virus free and it may be unsafe to use or cause damage to the effectiveness of your software or computer network or systems. The Consultants will use commercially reasonable procedures to check for the most commonly known viruses before sending information electronically but will not be liable to you or any of your associates in respect of any error, virus or mission or loss of confidential information arising from or in connection with the electronic communication of information to you. You may elect, in writing, not to permit The Consultants to communicate electronically with you.
Other Firms and entities part of The Consultant's network
You will not bring any claim (whether in contract, tort (including negligence) or otherwise) against any other of The Consultants network Firm or its personnel in respect of the Services. Any Partner or employee of another The Consultants network Form who deals with you in connection with the Services does so solely on our behalf.
The benefit of above clause is expressly held by The Consultants for the benefit of other The Consultants network Firms and their personnel (together ‘the beneficiaries’). You agree that each of the beneficiaries has the right to rely on this clause as if they were parties to this Contract.