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Two Up School
Terms & Conditions
1. You MUST be genuine if you made it to this page!
TWO UP SCHOOL (the “Consultancy”) agrees to provide manners and etiquette awareness training/consultancy and chaperoning (the “Services”). The specific Services topics/scope will be agreed upon with the Client prior to the agreed time of delivery of the Services (the “Scheduled Delivery”) to the course participants (the "Participants").
Where time permits, the Services will be outlined in a specific proposal (the “Proposal”) or “Statement of Work” agreed upon with the Client. The Proposal/Statement of Work (if any) together with these Terms and Conditions will form the Agreement (the “Agreement”) between the parties. The Client acknowledges and will ensure that all Participants in the Services provided by TWO UP SCHOOL acknowledge that they have read and will abide by these Terms and Conditions. Further, the Client acknowledges that no Services or advice of a legal nature will be provided.
2. Payment Terms
Full payment of the agreed fee (the ‘Fee”) is required from the Client prior to the commencement of Scheduled Delivery of any Services.
3. Booking Confirmation
A training session or consultancy/chaperoning project is not considered “confirmed” and there will be no obligation on TWO UP SCHOOL to perform the Scheduled Delivery of the Services until TWO UP SCHOOL has received payment in full of the agreed fee by way of cleared funds.
4. Change to Services
In the event the Client requests in writing to TWO UP SCHOOL a change that:
(a) increases, decreases or deletes any part of the Services;
(b) changes the character, quality or quantity of any Services;
(c) requires TWO UP SCHOOL to execute additional Services;
(d) requires a change in the method of performing the Services;
(e) requires TWO UP SCHOOL to complete the Services in accordance with an edition of an applicable code or standard that is different to the edition of that code or standard current at the date of this Agreement; or
(f) requires TWO UP SCHOOL to cause a change to the sequencing, conduct or timing of the Services within the general scope of this Agreement or to accelerate the performance of the Services,
TWO UP SCHOOL will, unless it is not reasonably practicable for it to do so, give effect to any change to the Services requested by the Client (subject to the terms of clause 4(g)).
(g) Where a change or variation to the Services/Scheduled Delivery of the Services is requested by the Client, TWO UP SCHOOL will be entitled to an adjustment of the Fee.
(h) Any variation must be authorised by TWO UP SCHOOL in writing by means of a variation certificate and signed by all parties.
5. Cancellation and Suspension
TWO UP SCHOOL reserves the right to suspend or cancel services if payment is not received by the specified due date and if not otherwise specified, the due date for payment will be 24 hours prior to the due date of any venue and/or equipment booking fees or agreed charges arranged by TWO UP SCHOOL for the Scheduled Delivery of the Services; or 72 hours prior to the Scheduled Delivery of the Services, whichever is the earlier.
6. Cancellation and Rescheduling
Cancellations made by the Client more than 48 hours prior to the Scheduled Delivery will receive a 75% refund of the agreed fee paid (Exclusive of GST) less any venue and/or equipment costs, fees and charges (Inclusive of GST) incurred by TWO UP SCHOOL or to be incurred by TWO UP SCHOOL, associated with the Scheduled Delivery.
Cancellations made by the Client more than 24 hours prior to the Scheduled Delivery will receive a 50% refund of the agreed fee paid (Exclusive of GST) less any venue and/or equipment costs, fees and charges (Inclusive of GST) incurred by TWO UP SCHOOL or to be incurred by TWO UP SCHOOL, associated with the Scheduled Delivery.
Sorry, but cancellations made by the Client less than 24 hours prior to the Scheduled Delivery will forfeit the agreed fee paid (Inclusive of GST). Of course, like in all things, come to us with a reasonable proposal and we'll attempt to accommodate you!
7. Exclusion and Limitation of Liability
To the maximum extent permitted, TWO UP SCHOOL excludes all liability to the Client, its employees and servants, any course participants or any third party for any loss, damage, costs or expense – whether incurred directly, indirectly, or consequentially – arising out of or in connection with the Services, regardless of the cause of action (including but not limited to contract, tort, negligence or breach of statutory duty).
8. No Guarantees or Representations
While TWO UP SCHOOL strives for excellence, it makes no representations and/or guarantees to any party regarding any specific outcomes or financial or other gains, or avoidance of financial or other losses, resulting from the Services or the Scheduled Delivery of Services.
9. Maximum award of Damages, Interest and Costs
Should a Court or Tribunal find TWO UP SCHOOL, its employees, agents or contractors liable for any damages, fees, expenses, interest or costs despite the exclusions of liability contained within this agreement, then it is unconditionally agreed between the Client, the Participants and TWO UP SCHOOL that total liability (including damages, interest and any fees or costs) shall be agreed to be strictly limited to the total amount of fees actually paid by the Client for the Services and the Scheduled Delivery of the Services giving rise to the judgment amount.
10. Client Obligations
The Client is responsible for providing a suitable environment for the Scheduled Delivery of the Services unless otherwise specifically agreed. Further, the Client is responsible for ensuring all Participants at the Scheduled Delivery of the Services behave professionally. TWO UP SCHOOL reserves the right, in its sole discretion, to remove any Participant who is disruptive or to cancel the Scheduled Delivery or the Services for disruptive behaviour. Any removal or cancellation that occurs as a result of disruptive behaviour shall not incur any obligation for a refund of the fees paid by the Client for the excluded Participant’s attendance or the fees and costs paid/charged for the Scheduled Delivery of the Services.
11. Client Acknowledgement
The Client irrevocably acknowledges that the Services provided by TWO UP SCHOOL, its agents, employees and contractors are in their nature, training related to awareness of etiquette, manners, interpersonal qualities and character traits (“Soft Skills”) for the benefit of the Participants and the Client. The Client further irrevocably acknowledges that TWO UP SCHOOL does not warrant that the deployment of Soft Skills by Participants following the Services or Scheduled Delivery of the Services will be appropriate in all circumstances and the Participants and the Client acknowledge that they should determine for themselves whether the deployment of any of the Soft Skills discussed during the Services or Scheduled Delivery of the Services is appropriate. The Client acknowledges that it will bring to the attention of the Participants these terms and conditions.
The Client further irrevocably acknowledges that the terms and conditions contained within this Agreement shall take precedence over any other terms and conditions whether oral or in writing.
12. Confidentiality
(a) “Confidential Information” includes all non-public information, including but not limited to trade secrets, business strategies, customer lists and financial data, whether disclosed orally or in writing.
(b) During the currency of this agreement or any time thereafter:-
(i) the parties to this Agreement shall not disclose to any person any confidential information relating to a party and a party’s clients or any affairs of a party or a party’s clients, except in so far as such disclosure may be reasonably necessary for the proper performance of obligations under this agreement. Approval for any such disclosure must be gained from the relevant party prior to disclosure;
(ii) unauthorised disclosure of confidential information by a party may at the discretion of the other party result in the termination of this agreement and/or legal action for the recovery of any loss or damage incurred;
(iii) each party shall use its best endeavours to prevent the publication or disclosure of any confidential information in their possession. If a party does disclose information, immediate action will be taken by a party to recover that information or seek compensation for its loss;
(iv) during this agreement or anytime thereafter a party shall not remove or copy or memorise any lists, documents or records, including client lists, purchaser information and diaries, for the purpose of using the list, document or record, in connection with any matter other than for the benefit of the other party;
(v) no part of any of the Services or the Scheduled Delivery of Services may be recorded by any party, employee, agent or participant without prior written permission.
(c) The Client agrees that the confidential duties exist through the duration of the engagement and are ongoing and survive beyond the completion of the Services/Scheduled delivery of the Services or Termination of the Agreement, whichever is the later.
13. Intellectual Property
Meanings of Words
In this clause 13:
Existing IP means the Intellectual Property of or lawfully used by TWO UP SCHOOL or the Client but excludes New IP.
New IP means Intellectual Property created during or as a result of the provision of the Services, including as a result of joint actions or independent actions of TWO UP SCHOOL or the Client.
Ownership of Existing IP
(a) Save as set out in this clause, nothing in or done pursuant to this Agreement affects ownership of Existing IP.
Use of the Client’s Existing IP
(b) TWO UP SCHOOL may only use the Client’s Existing IP (including the Client’s Confidential Information) for provision of Services in accordance with this Agreement and subject to any requirements, directions or restrictions imposed by the Client from time to time.
Specific materials
(c) Without limiting the generality of the other provisions of this clause 13, the Client exclusively owns all the Intellectual Property Rights and all other rights in all:
(i) materials made available by the Client to TWO UP SCHOOL pursuant to this Agreement or the provision of the Services;
(ii) improvements or modifications to the Client’s Existing IP or to any material originating from the Client in any form or format.
(d) Without limiting the generality of the other provisions of this clause 13, TWO UP SCHOOL exclusively owns all Intellectual Property Rights and all other rights in all:
(i) New IP;
(ii) materials made available by TWO UP SCHOOL to the Client pursuant to this Agreement or the provision of the Services;
(iii) improvements or modifications to TWO UP SCHOOL’S Existing IP or to any material originating from TWO UP SCHOOL in any form or format; and
(iv) any material in any form or format made, modified or improved by TWO UP SCHOOL as a result of provision of the Services. You would expect a clause like this, the lawyers suggested we include it! Thanks for reading!