Terms & Conditions
Welcome
Welcome to Sharyn Donaghy Careers. We are delighted to have you join us. Before we start, we ask you to
read and agree to our terms and conditions (Terms) below and accept them in your capacity as the Client or as parent or guardian of the Client (where the Client is under 18).
Please read our terms before you enter into a contract with us.
We reserve the right to change these Terms at any times.
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Terms of our career mentoring agreement (operative part)
1. DEFINITIONS AND INTERPRETATION
1.1. The following terms are used on our website (Site), these Terms and in our other material:
(a) Career Mentor means a person suitably qualified and experienced to provide the Services and may be the principal of Sharyn Donaghy Careers or a subcontractor employed by Sharyn Donaghy Careers at our discretion.
(b) Client (also you or your) means the individual who is receiving the Services, including Clients.
(c) Contract means the period that the Services are provided to the Client by Sharyn Donaghy Careers.
(d) Damage means both economic loss, loss of reputation and damage to reputation, work or professional standing
(e) Fees means the payment to be made by the Client to Sharyn Donaghy Careers for the Services.
(f) Liability means any expense, cost, liability, loss, damage, claim, demand or proceeding (whether under statute, contract, equity, tort, indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent.
(g) Parent means the parent(s), guardian(s) or nominee(s) of the Client where the Client is under the age of 18.
(h) Programme means the 4 week employability program developed by Sharyn Donaghy Careers known as Adapt 2020 or any other programme or learning course developed by us.
(i) Scheduled Booking means a scheduled time for a Career Mentor to carry out the Services.
(j) Services means the career mentoring services supplied to the Client by Sharyn Donaghy Careers including provision of the Programme, career counselling, creating career action plans, VCE and IB subject selections, study skills, National Tertiary Applications, International Tertiary applications, internship applications, resume and interview support, LinkedIn support, and psychometric and personality profiling. For clarity, the Services provided are 1 on 1 mentoring sessions.
(k) Sharyn Donaghy Careers (also we, us or our) means the name of the career mentoring
company that provides career mentors to Clients.
1.2. In these Terms, words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include the feminine gender and vice versa.
1.3. These Terms govern all and any business undertaken by Sharyn Donaghy Careers. In the event of any conflict between these Terms and any other written agreement, these Terms will prevail.
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2. OUR OBLIGATIONS TO YOU
2.1. We will provide career mentoring services to you in accordance with these Terms and liaise with you to provide the Services.
2.2. We will take all reasonable precautions to keep all your details secure, but will not be liable for unauthorised access to that information.
2.3. We will be responsible for the collection of Fees.
2.4. We will ensure that all Career Mentors have a valid and current Working with Children Check (WCC Check) where we are working with minors under the age of 18 years.
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3. CLIENT RESPONSIBILITIES
3.1. Where the Services will take place in the home of the Client (either face to face or via Zoom or other video connection) and the Client is under 18:
(a) the Parent accepts responsibility for every aspect of the behaviour of the Client; and
(b) the Parent undertakes that at all times when the Career Mentor is working with the Client, some person with parental responsibility shall be in the house and available to deal with any emergency. If some person with parental responsibility is not expected to be present in the house, or leaves the house while a mentoring session is under way, the Career Mentor may cancel the career mentoring session or stop teaching, as the case may be. If that happens the Career Mentor’s Fees remains payable.
3.2. Where the Services will take place at some other neutral venue, such as a school or other place:
(a) the Parent accepts responsibility for every aspect of the behaviour of the Client; and
(l) the Parent undertakes that at all times when the Career Mentor is working with the Client
some person with parental responsibility shall be available to accept a phone call at all times and if necessary, to deal with an emergency.
3.3. If a Client is more than 15 minutes late to a Scheduled Booking, it is considered a “No Show” (No Show) and the Fees are charged in full.
3.4. If a Client is late to a Scheduled Booking, the Scheduled Booking will be shortened by the amount of the time the client was late to the Scheduled Booking.
3.5. In the event of emergency, the Career Mentor is under no obligation to take any particular action. The Career Mentor reserves the right to contact a medical professional or the Police.
3.6. We may cancel this agreement at any time, without notice, if it is of the opinion that the behaviour of the Client is such as to be dangerous or inappropriate or prejudicial to the Career Mentor, the Programme or Sharyn Donaghy Careers.
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4. CLIENT OBLIGATIONS​
4.1. Delay and expense caused by interruptions during delivery of the Services or other extraneous factors will be charged by the hour.
4.2. Extra time will be incurred if you fail to provide a quiet workspace, or a space conducive to providing our Services to you during the Scheduled Booking.
4.3. The Client undertakes at all times to maintain appropriate insurances and in particular, occupier’s liability insurance, against risks of events which could reasonably be expected to cause injury, loss or damage to the Career Mentor.
4.4. If the Client wishes to cancel or reschedule a Scheduled Booking, he or she must notify Sharyn Donaghy Careers at least forty eight (48) hours before the Scheduled Booking is due to take place. If this notice is not given, the full Fees for that Scheduled Booking is payable. Please note that this term applies even if the reason for delay or cancellation is unavoidable and/or for humanitarian reasons.
4.5. The Client undertakes to assist the Career Mentor in identifying problem areas in which the Client requires assistance.
4.6. The Client agrees that the Client will be prepared for each mentoring session prior to the start of the Scheduled Booking and will undertake exercises set by us during the Programme or any other previous career mentoring sessions.
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5. FEES
5.1. Sharyn Donaghy Careers will submit an account at the end of each session.
5.2. Payment of Fees must be made within five (5) days from the date of invoice (Due Date).
5.3. A complaint or rejection of some part of the Services does not entitle the Client to hold back payment for any Services.
5.4. We reserve the right to charge you interest in respect of the late payment of any money due under this agreement (both before and after judgment) at the rate of 10 percent per annum from the Due Date until receipt of payment.
5.5. Sharyn Donaghy Careers has a No Refund Policy, noting the cancellation policy at Clause 4.4 provides adequate leeway in this regard.
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6. CONFIDENTIALITY
6.1. Each of the parties undertakes for the benefit of the other that they will not:
(a) divulge to any person whatever or otherwise make use of any Personal Information relating to the other, which he learns as a result of this contract or any circumstance flowing from the contract;
(b) post any text, nor image, nor audio-visual material, on any social network or other public place which could be hurtful, embarrassing or damaging to the other of us.
6.2. The parties agree that any Damage arising directly or indirectly from a breach of the above provisions must be compensated on the basis of the effect on the damaged party.
6.3. The Client accepts personal liability for compliance with these provisions by members of his or her family and domestic staff.
6.4. This clause 6 survives termination of the Contract.
7. LIMITATION OF LIABILITY
7.1. Despite anything to the contrary, to the maximum extent permitted by law, you (the Client):
(a) warrant that you have not relied upon any warranty, representation, statement, offer or documentation made or provided by or on behalf of Sharyn Donaghy Careers, whether before or after the Start Date; and
(m) agree that these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.
7.2. The maximum aggregate Liability arising from or in connection with these Terms and this Contract will be limited to, and will not exceed, the portion of the Fees paid by the Client to Sharyn Donaghy Careers for the Services the subject of the relevant claim.
7.3. Sharyn Donaghy Careers will have no Liability, and you release and discharge Sharyn Donaghy Careers from all Liability, arising from or in connection with any:
(a) event or circumstance beyond the reasonable control of Sharyn Donaghy Careers;
(b) acts or omissions by you (the Client);
(c) defect, error, omission or lack of suitability or benefit (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Services; and/or
(d) loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), 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; and
(n) you will indemnify Sharyn Donaghy Careers for and against all Liability arising from or in connection with any wrongful act or omission by you or a party related to you.
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8. NO WARRANTIES
8.1. While Sharyn Donaghy Careers endeavours to provide the best career mentoring services possible, there are no guarantees or promises provided with respect to the likely improvement in career prospects, clarity around your career path or performance in interviews or applications of any Client in receipt of the Services.
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9. TERMINATION
Either party may terminate this Contract at any time by giving the other party 14 days notice in writing. If Sharyn Donaghy Careers terminates the Contract, a refund may be issued on a pro rata basis if the Client is in credit.
10. NOTICES
Any notice given under this Document must be in writing addressed to the relevant address in the Proposal. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
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11. RELATIONSHIP OF PARTIES
This Document is not intended to create a partnership, joint venture or agency relationship between the parties.
12. SEVERANCE
If a provision of this Document is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from this Document without affecting the validity or enforceability of the remainder of that provision or the other provisions in this Document.
13. ENTIRE AGREEMENT
This Document contains the entire understanding and agreement between the parties in respect of its subject matter.
14. AMENDMENT
This Document may only be amended by written instrument executed by all parties.
15. GOVERNING LAW
This Document is governed by the laws of Victoria.