Sashua Benay Terms & Conditions

Thank You for choosing Sashua Benay.

These Terms and Conditions govern the relationship between the Parties.

By paying the invoice You agree to these Terms and Conditions.

These Terms and Conditions (Terms) are read in conjunction with the information in the coaching program confirmation email and the relevant coaching program Information Page viewed online or sent via email (‘Confirmation Email’ or ‘Information Page’).

  1. Parties

You are the Client, and Your details are set out on the Confirmation Email or Invoice. 

AND – 

Sashua Benay (ABN 39 203 153 033) of 155 Burnt Store Rd, LARDNER, VIC 3821 AUSTRALIA t/a Sashua Benay (‘Sashua Benay’)

 

Sashua Benay offers unique coaching programs, including Soulful Life and Business Coaching, Mentoring and Programs, and the Magnetic Speaker Program, Speak 4 Success Program, or any other programs offered by Sashua Benay. Participants engage in one-to-one or group settings to develop their business, enhance their presence, and achieve personal and professional growth.

 

– Soulful Life and Business Coaching, Mentoring and Programs focus on supporting professionals to scale and enhance their businesses, overcome mental barriers, and achieve mastery in both life and business. The duration of the program is as specified in the program confirmation email.

 

– Magnetic Speaker Program or Speak 4 Success Program offered by Sashua Benay are designed to help individuals build confidence and presence for public speaking and camera appearances, empowering them to become magnetic speakers who can engage and connect with their audiences.

 

You have engaged Sashua Benay to provide the Services as outlined in the program confirmation email.

 

  1. The Engagement

(a) Sashua Benay agrees to perform the Services for You, for the Fees, Term, and on the Date/s as set out in the Schedule.

(b) Sashua Benay will work with You in a one-to-one or group setting to help You work towards Your goals.

(c) Sashua Benay agrees to commence the Services on the Commencement Date, upon acceptance of these Terms and Conditions, and upon payment of any required Fees by You.

(d) Sashua Benay will provide the Services online, based on whichever will suit both parties best. This will be agreed to in writing prior to the Commencement Date.

(e) From time to time, Sashua Benay may, at her sole discretion, provide You with bonus content or material, as set out in the Proposal.

(f) The Parties may send and respond to text and video messages on Telegram. What’s App or Marco Polo when it is convenient to that party, not limited to business hours.

 

  1. Payment for the Services

3.1. Fees 

3.2. You agree to pay Sashua Benay the Fees as set out in the Confirmation Email. 

3.3. You agree to make Payment of the Fees via Direct Deposit, Stripe or direct on the Landing Page, whichever is applicable. 

3.4. The Fees are non-refundable. 

3.5. You acknowledge and agree that Sashua Benay is not responsible for any third-party payment processing fees, bank fees, transaction fees, currency conversion fees, and/or adverse currency fluctuations. 

3.6. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth), exclusive amounts. Where the Services are provided to individuals outside Australia, GST is inapplicable.

 

  1. Cancellations, Refunds, and Termination

4.1. You must notify Sashua Benay of an intention to cancel the Services as soon as practicable through e-mail to [Your Email Address] and abide by the following (‘Cancellation Policy’). 

4.2. The Services are non-refundable. If you wish to terminate the Services early, all unpaid amounts of the Fees are non-refundable. 

4.3. Sashua Benay reserves the right to terminate Your involvement in the Services for breach of these Terms with 7 days’ notice by e-mail. If Sashua Benay terminates the Services, You agree to pay Sashua Benay for the portion of the Services completed up to the date and time of termination.

 

  1. Copyright and Intellectual Property Rights

5.1. Intellectual Property Rights 

(a) You agree that any works, items, documentation, creative works, materials, or information of whatever nature produced or developed by Sashua Benay or under her direction pursuant to or in the course of providing the Services will remain the sole and complete property of Sashua Benay, whether such property is tangible or is in the nature of industrial and Intellectual Property Rights (including copyright and rights of Confidential Information). 

(b) If You have fully complied with this Agreement and if the works, items, materials, or information referred to in clause 5.1(a) have been produced by Sashua Benay as part of the Services, Sashua Benay grants to You a non-exclusive and non-transferable licence to use such works, items, materials, and information for such purposes as the parties reasonably contemplate at the Commencement Date. 

(c) There is no assignment of Intellectual Property Rights by Sashua Benay to You pursuant to this Agreement. 

(d) Nothing in this Agreement affects the Moral Rights in any works, items, materials, or information supplied pursuant to this Agreement. 

5.2. Indemnification 

You hereby indemnify and agree to keep indemnified Sashua Benay against all liability, losses, or expenses You incur in relation to or in any way directly or indirectly connected with any breach of copyright or any rights in relation to copyright in such literary and artistic works supplied as aforesaid.

 

  1. Warranty

(a) Sashua Benay will use her best efforts and take all reasonable steps to help You achieve your desired results. However, Sashua Benay makes no warranty that the services will meet Your requirements or that all clients will achieve the same results. 

(b) The Services do come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Services, You are entitled to cancel Your Agreement with Sashua Benay, and You are entitled to a refund for the unused portion, or to compensation for its reduced value.

 

  1. Disclaimer

(a) You are solely responsible for Your own business, financial, physical, mental, and emotional well-being, Your decisions, choices, actions, and results arising out of or resulting from the Services. You agree that Sashua Benay is not and will not be liable or responsible for any actions or inaction, including effects on Your business, personal life, or career, or for any direct or indirect result of any Services provided by Sashua Benay. 

(b) You understand that the Services, and any information You receive through Your involvement in the Services, or through any materials and documents provided to You are not a substitute for psychological, legal, business, or financial advice. Sashua Benay recommends You seek independent accounting, legal, financial or psychological advice before relying on any information, tools, case examples, or guidance provided in the Services. Sashua Benay will not be liable in any way for Your use of, or reliance upon, the information or advice provided to You.

 

  1. Coaching Relationship and Your Obligations

(a) You understand that in order to enhance the coaching relationship, You agree to communicate honestly, be open to feedback and assistance, and to create the time and energy to participate fully in the coaching program. 

(b) You agree to adequately prepare for each session by following the reasonable requests of Sashua Benay, including but not limited to bringing an issue or agenda to the relevant session from time to time. 

(c) You agree to attend each session on time. Sashua Benay will not be responsible for You missing out on the value of a session should you arrive late. 

(d) You agree to cooperate with Sashua Benay to resolve any issues that arise in the provision of the Services.

 

  1. Liability and Waivers

9.1. Liability 

Sashua Benay’s total liability arising out of or in connection with the Services or this Agreement, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to You. 

9.2. Waivers 

(a) A waiver of any right, power, or remedy under this Agreement must be in writing signed by the Party granting it. A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion. 

(b) The fact that a Party fails to do, or delays in doing, something the Party is entitled to do under this Agreement does not amount to a waiver.

 

  1. Disclosure and Use of Confidential Information

(a) All obligations of confidentiality set out in this Agreement continue in full force and effect after the Services have been provided. 

(b) Either Party must not disclose any Confidential Information to any third-party without the other Party’s prior consent. 

(c) Each Party must keep confidential the terms of this Agreement and any Confidential Information shared during the Services. If a Party becomes aware of a breach of this obligation, that Party will immediately notify the other Party. 

(d) This Agreement prohibits the disclosure of Confidential Information by Sashua Benay with exception to the following circumstances: 

  1. the disclosure is to a professional adviser for it to provide advice in relation to matters arising under or in connection with this Agreement and You have consented to the disclosure of such information to the professional adviser;
  2. the disclosure is required by applicable law or regulation;

 

 or 

   iii. if the confidential information is already in the public domain at no fault of Sashua Benay.

 

  1. Force Majeure

(a) If circumstances beyond Sashua Benay’s control prevent or hinder her provision of the Services, Sashua Benay is free from any obligation to provide the Services while those circumstances continue. Sashua Benay may elect to terminate this Agreement or keep the Agreement remaining current until such circumstances have ceased. 

(b) Circumstances beyond Sashua Benay’s control include, but are not limited to, unavailability of materials or components, pandemics, strikes, lockouts, riots, natural disasters, fire, war, acts of God, Government decrees, proclamations or orders, transport difficulties, and failures or malfunctions of computers or other information technology systems.

 

  1. No Partnership or Agency

Nothing contained or implied in this Agreement will create or constitute, or be deemed to create or constitute, a partnership between the parties. A Party must not act, represent, or hold itself out as having authority to act as the agent of or in any way bind or commit the other parties to any obligation.

 

  1. Governing Law & Jurisdiction

This Agreement is governed by the laws of Victoria, Australia. In the event of any dispute arising out of or in relation to the Services, the parties agree that Victoria will be the venue for resolving any disputes.

 

  1. Dispute Resolution & Mediation

If a dispute arises out of, or relates to this Agreement, either party may not commence any legal proceedings in relation to the dispute, unless they attempt to resolve the disagreement in good faith, through an appropriate mediator to be appointed by an independent third party, as agreed, or his or her nominee, and attend a mediation.

 

  1. Severance

Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such provisions in any other jurisdiction.

 

  1. Entire Agreement and Modifications

The parties confirm and acknowledge that this Agreement is the entire Agreement between the parties and supersedes and overrides all previous communications, either oral or written, between the parties.