Standard Terms Of Business
- The services provided by The Colin James Method Ltd. (CJM) are advice and guidance on the process of Communication, Leadership, Culture and Resilience.
- Such advice and guidance are imparted through activities that include training, coaching and the like (the Programs) and keynotes (the Events) as devised and developed by CJM.
- CJM has developed various documents, manuals, books, videos, products, and training items such as participant Program notes and related materials (the Materials), which it has produced for presentation, marketing and implementation of the Programs and Events.
- The Programs and Materials are protected by copyright and or CJM has given prior approval in writing, their contents are not to be disclosed to third parties nor copied or used for any purpose other than implementing the Programs or Events.
- Recording a Program or the reproduction of any Materials is strictly prohibited.
- CJM is not liable for the non-performance or delays in performance if caused by circumstances outside of its control.
- Acceptance of a proposal signifies acceptance of our Standard Terms of Business. Once accepted, these cannot be altered except in writing and signed by both parties.
- As the services provided by CJM are limited to offering advice and guidance in the process of communication, leadership, culture and resilience, the client acknowledges that it is solely responsible for the outcomes of their application of the training and guidance. They also agree that CJM is not responsible for the results of any activities or communication undertaken by the client or for any loss or damage whatsoever to the client’s business or commercial interests arising directly or indirectly out of the services rendered by the client and the liability of CJM arising directly or indirectly out of the services rendered by CJM or its consultants (or such other persons) are limited to AUD 5,000 however such loss or damage may have been caused.
- A provisional Program or Event date will be held for a client for 7 (seven) days unless otherwise specified. Note: at this time, the dates are held only and not confirmed.
- Where a provisional Program or Event date is held, and another client requests the same date, if this is within the 7 (seven) day offer period, CJM will provide 24 hours’ notice to the original requestor of that date to confirm or release the dates.
- To secure the offered date(s) for a program or event, the client must provide CJM confirmation within 7 (seven) days from when the dates were provided unless otherwise specified. Confirmation must be accompanied by either a Purchase Order or total or partial payment (minimum deposit requirement is 50% of the professional fee).
- Where confirmation of the offered dates is not received within 7 (seven) days from when the dates were offered, these dates may be released and offered to another client and no longer be available.
- Six weeks’ notice is required should a client wish to change a confirmed date; CJM reserves the right to charge an additional administration fee of AUD 500 plus any direct expenses incurred.
- Should a client not give six weeks’ notice, CJM reserves the right to charge an additional 50% of the session value and any direct costs incurred.
- A Program ‘delivery’ starts when the participants access the Learning Management System and start to receive welcome emails. This is usually 3-5 weeks before the physical delivery commences.
- The Colin James Method® content is proprietary methodologies that only an accredited CJM facilitator can teach.
- A client of CJM agrees not to canvass, solicit, or endeavour to entice from the company any person employed by CJM or an agent of CJM.
- Accepting to work with CJM acknowledges that the covenants regarding the restraints are fair and reasonable and that the company is relying upon this acknowledgement in entering into this agreement.
- CJM is a COVID Safe workplace. In the instance that we can deliver face to face, we require that all participants are double vaccinated with a government accepted vaccination. We will require companies to complete our COVID Safe plan seven days before any delivery and provide evidence of participants’ vaccination.
Terms of payment
- Compensation for CJM facilitators/coaches out of pocket expenses will be invoiced in addition to professional fees. These include, but aren’t limited to, allowances for accommodation, living expenses and air/ground travel costs. The standard air travel class for CJM facilitators/coaches is a business class ticket for journeys of more than three hours. If requested, these costs can be estimated by the Program Management Team when the proposal is sent.
- Venue fees and catering costs are not included in the CJM professional fee and if required, are to be provided by the client. Proposed venues are subject to CJM approval and must be discussed with CJM before booking.
- Documentation and Materials costs are included in the quoted fees.
- Total facilitator/coach travel time of more than four hours will attract charges at 50% of daily rates. However, CJM may absorb this cost if travel time is less than 10% of the total assignment time.
- CJM professional fees, expenses and assignment requirements are formalised in correspondence confirming the specific services to be rendered.
- A deposit of 50% of the professional fee will be required to secure a confirmed booking for a Program or Event unless agreed otherwise. An invoice for the deposit and details of final payment requirements will be included with the confirmation communication.
- Should a client wish to cancel or postpone a confirmed booking, no charge will be made provided CJM is given a minimum of six weeks’ notice. After that, CJM will make all reasonable efforts to reschedule activities to mitigate against the loss of time. If this cannot be achieved, CJM reserves the right to charge the full professional fee for cancelled bookings and a 50% professional fee (plus 100% of direct costs) already expended for postponed bookings. Please refer to points 10 – 16 in our standard business terms.
- When Programs or Events are confirmed within six weeks of commencement, the client accepts full responsibility for the implications of the cancellation policy.
In-person individual Programs
- In-person bookings disrupted by COVID-19 and related Government restrictions will be delivered virtually or credited for future use (must be used within 12 months of the issue date).
- Where a participant is unable to attend the program, the following cancellation fees apply:
- Cancellation is allowed up to 28 days before the Program start date without penalty
- 40% of the Program fee if cancelled within 20-27 days of the Program start date
- 50% of the Program fee if cancelled within 10-19 days of the Program start date
- 80% of the Program fee if within 5-9 days of the Program start date
- 100% of the Program fee if less than four days of the Program start date
- In certain circumstances and following discussion, the booking may be carried forward to a subsequent Program.
- Substitutions of participants can be made with a minimum of 3 weeks’ notice.
- Should The Colin James Method® Pty Ltd need to cancel a Program with no alternative available, a full refund will be obtainable. We accept no liability for any other costs.