I, Chelsea Rose Sargeant, primarily charge for my time (on an hourly basis) to fulfil design, administrative and strategic support services to clients and provide packaged services to deliver projects.
Please understand that it is not just my time that you are purchasing (which I allocate to fulfil your requirements) or for the delivery of a certain project, but you are also purchasing my knowledge and expertise which is worth more than the time itself.
It has taken me 20+ years in professional employment across many industries as well as higher education training (costing me over 30K) to be able to do what I can do. So please keep in mind that it is not just the 60 minutes of my time you are paying for, it is the years it took me to be able to do what you need.
With this in mind, please note that if:
- you change your mind as to what you need, or are not organised with what I need from you to deliver your work at the allocated time slot, there are no refunds available as I have fulfilled my duties by allocating your time slot and making myself available to support you. You may however upgrade to a different service that better suits your needs if time permits;
- you are unable to reallocate to another time slot (unless an extreme situation which will be determined on a case by case basis); and,
- if your desired work is not entirely completed at the allocated time as you have not purchased enough hours to accommodate the delivery of what you need done, you will be required to purchase additional hours (either at a discounted package rate paid upfront or an hourly rate invoiced weekly) and the additional work will need to be scheduled in for a later date.
To ensure that I can manage my schedule effectively, all ad-hoc hours purchased must be used within 4 weeks. Any unused hours will be forfeited.
Therefore it is critical that before purchasing hours you select the package that best suits your needs and have everything you need ready in advance. Or, if you are unsure you should purchase a strategy session before making any purchase of hours so that I can help guide you on what is required to meet your objectives.
Secondary is the selling of original art products through the online store.
Terms and Conditions (Service/Product)
This Agreement is entered into between the party set out below and all Clients/Customers who agree to purchase any service or product via https://chelsearosesargeant.com.au. The date of execution of this Agreement is the date of purchase.
Client / Customer as User
Chelsea Rose Sargeant / Product Provider
|Chelsea Rose Sargeant ABN 77 569 025 533 (Provider or us or we)
|17/72 Markwell Street, HAMILTON, QLD, 4007, Australia
|17/72 Markwell Street, HAMILTON, QLD, 4007, Australia
|Together called “the Parties” and each “a Party”.
The Client/Customer wishes to engage the Provider to provide the product/service and the Provider wishes to provide those services/products upon the terms and conditions set out in this Agreement, and any additional terms and conditions that relate to the specific product/service that are outlined in any subsequent documentation which must be signed by both parties.
Administrative, design, and/or strategic services charged hourly or via packages
|Artwork and homewares
|Term / Termination Date
Hourly packages must be used within 4 weeks of purchase or will be forfeited
Plan packages are to be used in 4 weeks.
Varied. Refer to specific product/service for pricing.
- THE ENGAGEMENT
The Provider agrees to perform the Services / provide the Products for the Client/Customer, for the Fees, for the Term set out in in the Schedule, or the date on which this Agreement is terminated in accordance this Agreement, if earlier.
- FEES AND INVOICING
2.1 The Client/Customer will pay the Provider the Fees set out in the Schedule (exclusive of GST).
2.2 The Fees payable to the Provider to perform the Services / provide the Products may be adjusted from time to time as agreed by the Parties in writing (including by email) on account of changes in relation to the nature of the Services to be performed / products to be supplied by the Provider pursuant to this Agreement.
2.3 In order to receive payment under this clause, the Provider must provide the Client/Customer with a legal invoice that complies with any invoicing guidelines released by the Australian Taxation Office from time to time that includes the Provider’s ABN, a description of the Services/Products.
2.4 Due to the nature of the Providers ability to perform its duties, upon the Client/Customer purchasing hours to be used, the Provider will allocate a time slot that is dedicated to performing the work required by the Client/Customer. It is the Client/Customer’s responsibility to ensure all items necessary for the Provider to fulfil the required duties are provided in advance so that the work can be fulfilled at the allocated time. Should this not occur and the necessary work cannot be performed by the Provider, the Client/Customer forfeits that time and will need to purchase additional hours.
3.1 The Provider is responsible for the payment of all taxes, fees, charges and other imposts that apply to it in performance of the Services. The Client/Customer is not liable to the Provider in this regard.
3.2 The Provider indemnifies the Client/Customer against any taxes, fees, charges and any other imposts, excluding any payment processing fees payable by the User.
4.1 The Provider (and its employees and agents) is not entitled to the benefit of any accident, third party liability, public liability or indemnity policies of insurance or workers compensation policies that the Client/Customer may hold.
4.2 The Provider may make its own arrangements to ensure adequate insurance coverage is effected and maintained throughout the Term but is not liable for any virus or damage to equipment the Client/Customer may encounter as a result of engaging in the Providers Services / using the Providers Products.
5.1 The Provider (and its employees and agents) is not entitled to any superannuation contributions from the Client/Customer.
- LOCATION AND FACILITIES
6.1 The Provider will make all Services available online and all products physical items.
6.2 The Client/Customer is responsible for providing all plant, tools, equipment and substances required for performance of the Services where required including but not limited to subscriptions and hosting relating to delivery of desired Services.
6.3 The Provider is responsible for providing all plant, tools, equipment and substances required for creating and delivery the products to the Client/Customer.
- PROVIDER’S OBLIGATIONS AND WARRANTIES
7.1 The Provider warrants and represents that throughout the Term:
(a) it has legal capacity, power and authority to enter into this Agreement;
(b) there are no legal restrictions preventing it from performing the Services / providing the Products;
(c) it is duly qualified to perform the Services / provide the Products;
(d) in performing the Services / provide the Products it will act with due care and skill;
(e) it will re-perform / re-provide any defective or non-conforming Services / Products;
(f) it will respond to, investigate or address any reasonable questions, concerns or issues raised by the User from time to time;
(g) it will act lawfully and will comply with any applicable licenses, laws, regulations, industry codes of conduct, health and safety requirements and Australian standards in performing the Services / providing the Products;
(h) it is not aware of any actual or potential conflict of interest in it providing the Services / Products (unless otherwise agreed in writing with the User);
(i) it will not infringe any third party rights or violate any other agreement by performing the Services / providing the Products;
(j) it has complied with all applicable legislation, awards and industrial instruments in engaging or employing all persons who will perform the Services / provide the Products in accordance with this Agreement;
(k) it has a valid ABN which has been advised to the Client/Customer, has been disclosed on the Website or included in this Agreement; and
(l) it will be registered for GST purposes when legally required to be.
- CLIENT/CUSTOMER’S OBLIGATIONS AND WARRANTIES
8.1 The Client/Customer warrants and represents that throughout the Term:
(a) it has legal capacity, power and authority to enter into this Agreement;
(b) it will follow all instructions and directions given by the Provider and not hold the Provider liable for lack of results received due to non-compliance from the Client/Customer;
(d) it will comply with any reasonable requests given to it by the Provider from time to time to enable the Provider to provide the Services / Products;
(e) it will not breach any copyright laws or use, gift or sell the Providers property, including Material, Confidential Information and Intellectual Property, in its possession that belongs to the Service Provider; and
(e) it will comply with all legislation as directed by the Provider.
In performing the Services, the Parties agree to comply with the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or Privacy Guidelines.
- HEALTH AND SAFETY
10.1 The Provider recommends whilst receiving the Services / using the Products the Client/Customer designs and arranges their workplace, products and systems and general learning environment so that they are engaging in ergonomic, safe and health focused practices.
- TERM AND TERMINATION
11.1 Automatic termination: The Agreement will automatically terminate on the Termination Date, unless the Termination Date is changed by agreement in writing (including by email) between the Parties.
11.2 Termination for insolvency: Either Party may terminate this Agreement by giving the other Party 5 Business Day’s written notice if an order is made or a resolution passed for the relevant Party to be deregistered or wound up; a receiver, receiver and manager or an administrator is appointed to all or substantially all of the property of the relevant Party.
11.3 Termination for material breach: Subject to the dispute resolution procedures in the Agreement, either Party may at any time terminate this Agreement if in the reasonable opinion of one Party, the other Party (or one of its employees or agents) commits a material breach of this Agreement including but not limited to a breach of the warranties or the requirement to pay Fees and expenses.
11.4 Obligations on termination:
(a) Upon termination of this Agreement, the Provider will immediately stop performing the Services / providing the Products.
(b) Upon termination of this Agreement, the User will pay to the Provider any amount owed in respect of any indemnities provided under this Agreement.
11.5 The accrued rights, obligations and remedies of the Parties are not affected by the termination of this Agreement.
- LIABILITY AND INDEMNITY
12.1 The Client/Customer is liable for and agrees to indemnify the Provider in respect of any claim, action, damage, loss, cost, charge, expense, penalty, fine or payment which the Provider suffers, incurs or is liable for as a result of any breach by the Client/Customer (or its employees, agents or subcontractors) of this Agreement or its obligations or warranties under this Agreement.
12.2 The Provider is liable for and agrees to indemnify the Client/Customer in respect of any claim, action, damage, loss, cost, charge, expense, penalty, fine or payment which the Provider suffers, incurs or is liable for as a result of any breach by the Client/Customer (or its employees, agents or subcontractors) of this Agreement or its obligations or warranties under this Agreement.
12.3 The obligations under this clause will survive termination of this Agreement.
- COSTS AND EXPENSES
Each Party must pay its own costs and expenses (including legal costs and expenses) in relation to the negotiation, preparation and execution of this Agreement and any variation or replacement of this Agreement.
14.1 Taxable supply
If GST is payable on any supply made under this Agreement, the payer must pay an amount equal to the GST payable on the supply. That amount must be paid at the same time that the consideration is to be provided under this Agreement and must be paid in addition to the consideration expressed elsewhere in this Agreement. On receiving that amount from payer, the recipient must provide the payer with a tax invoice for the supply.
14.2 Adjustment events
If an adjustment event arises in respect of any supply made under this Agreement, a corresponding adjustment must be made between the recipient and the payer in respect of any amount paid to the recipient by the payer under this clause, and any payments to give effect to the adjustment must be made.
If the Client/Customer is required under this Agreement to pay for or reimburse an expense or outgoing of the Provider, or is required to make a payment under an indemnity in respect of an expense or outgoing of the recipient, the amount to be paid by the Client/Customer is the sum of:
(a) the amount of the expense or outgoing less any input tax credit in respect of that expense or outgoing that the recipient is entitled to; and
(b) if the Providers recovery from the Client/Customer is in respect of a taxable supply, the amount equal to the GST payable by the recipient in respect of that recovery.
14.4 GST terminology
The terms “adjustment event”, “consideration”, “GST”, “input tax credit”, “supply”, “taxable supply” and “tax invoice” each has the meaning which it is given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
This Agreement may only be amended by written agreement executed by all the Parties.
(a) Form of notice
A notice or other communication must be in writing in English and may be:
(i) delivered personally;
(ii) given by an agent of the sender;
(iii) left at a Party’s current delivery address for notices as set out in this Agreement;
(iv) sent by prepaid mail to a Party’s current postal address for notices as set out in this Agreement; and/or
(v) sent by fax to a Party’s current fax number for notices as set out in this Agreement.
(b) Receipt of notice
A notice or communication is taken as having been given:
(i) when left at a Party’s current delivery address for notices; or
(ii) if mailed within Australia to an Australian address, on the third Business Day after posting; or
(iii) if mailed outside of Australia to an Australian postal address or within Australia to an address outside of Australia, on the tenth Business Day after posting; or
(iv) if sent by fax, when the sender receives a fax report from the recipient’s fax machine acknowledging receipt of the notice, unless the fax is received after 5pm in the place of receipt, in which case it is taken as having been given at 9am on the next day that is not a Saturday, Sunday or bank or public holiday in the place of receipt.
(c) Address for service are set out in the start of the Agreement. A Party may change its address for service of notices by written notice to the other Party.
- FORCE MAJEURE
If performance of this Agreement or any obligation under this Agreement is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (Force Majeure), and if the Party unable to carry out its obligations gives the other Party prompt written notice of such event, then the obligations of the Party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders of acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
(a) Relationship: The Provider may describe themselves as a Service or Product Provider to the Client/Customer , but must not describe itself in any way as an employee or agent of the User. This Agreement is not intended to create a relationship between the Parties of partnership, joint venture, agency or employer-employee. Neither Party has authority to create, assume or otherwise enter into any agreement that imposes rights or obligations on the part of the other Party.
(b) Assignment: This Agreement is personal to the Parties. A Party must not assign or deal with the whole or any part of its rights or obligations under this Agreement without the prior written consent of the other Party (such consent not to be unreasonably withheld). Any purported dealing in breach of this clause is of no effect.
(c) Waiver or variation of rights: Any failure or delay by a Party in exercising a power or right (either wholly or partially) in relation to this Agreement does not operate as a waiver or prevent that Party from exercising that power or right or any other power or right. A Party is not liable to any other Party for any loss, cost or expense that may have been caused or contributed to by the failure, delay, waiver or exercise of a power or right.
(d) Powers, rights and remedies: Except as expressly stated to the contrary in this Agreement, the powers, rights and/or remedies of a Party under this Agreement are cumulative and are in addition to any other powers, rights and remedies of that Party. Nothing in this Agreement merges, extinguishes, postpones, lessens or otherwise prejudicially affects any power, right, or remedy that a Party may have at any time against the other Party to this Agreement or any other person.
(e) Consents and approvals: Where this Agreement provides that a Party may conditionally or unconditionally give or withhold any consent or approval in relation to any matter in this Agreement, that Party may in its absolute discretion, and without being obliged to give reasons for doing so, withhold any consent or approval or give consent or approval conditionally or unconditionally.
(f) Further assurance: Each Party must from time to time and in a timely manner do all things reasonably required of it by the other Party to give effect to this Agreement.
(g) Counterparts: This Agreement may be executed in any number of counterparts and, if so, the counterparts taken together will constitute one and the same Agreement. The date of this Agreement will be the date that it is executed by the last Party.
(h) Entire agreement and understanding: In respect of the subject matter of this Agreement: this Agreement contains the entire understanding between the Parties; all previous oral and written communications, representations, warranties or commitments are superseded by this Agreement and do not affect the interpretation or meaning of this Agreement; and each of the Parties has relied entirely on its own enquiries before entering into this Agreement.
(i) Governing law and jurisdiction: This Agreement is governed by the laws of Queensland and the Commonwealth of Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Queensland.
- DEFINITIONS AND INTERPRETATION
In this Agreement:
Business Day means a day which is not a Saturday, Sunday or bank or public holiday in Queensland.
Confidential Information means any information about a Party, its operations, products and customers acquired by the other Party (or any of its employees or agents) whilst, or as a result of, performing the Services, or, receiving the Products, which is not in the public domain, other than as a result of breach of confidence.
Material means all content contained on and received through the Chelsea Rose Sargeant website or third party platforms, including but not limited to advice, instructions, handouts, worksheets, quizzes, quotes, literary works, pictures, graphics, motion pictures, audiovisual works, sound recordings, and all other course information contained in static form or through downloads or links.
Parties means the parties entering into this Agreement.
Products are set out in the Schedule.
Services are set out in the Schedule.
Term is set out in the Schedule.
Termination Date is set out in the Schedule.
(a) words in the singular include the plural and vice versa;
(b) headings are for convenience and do not affect the interpretation of this Agreement;
(c) any gender includes the other gender;
(d) a reference to a clause, paragraph, schedule or annexure is a reference to a clause, paragraph, schedule or annexure, as the case may be, of this Agreement;
(e) if any act which must be done under this Agreement is to be done on a day that is not a Business Day then the act must be done on or by the next Business Day;
(f) a reference to any legislation includes subordinate legislation and all amendments, consolidations or replacements from time to time;
(g) if a word or phrase is defined in this Agreement then any other grammatical form of the word or phrase shall have a corresponding meaning;
(h) a reference to a natural person includes a body corporate, partnership, joint venture, association, government or statutory body or authority or other legal entity;
(i) “includes” and similar words mean includes without limitation;
(j) no clause of this Agreement shall be interpreted to the disadvantage of a Party merely because that Party drafted the clause or would otherwise benefit from it;
(k) a reference to a Party includes the Party’s legal personal representatives, successors, assigns and persons substituted by novation;
(l) a reference to this or any other agreement includes the agreement, all schedules and annexures as novated, amended or replaced and despite any change in the identity of the parties;
(m) a reference to a covenant, obligation or agreement of two or more persons binds or benefits them jointly and severally;
(n) a reference to time is to local time in Queensland; and
(o) a reference to “$” or “dollars” refers to the currency of Australia from time to time.
states how Chelsea Rose Sargeant will deal with the personal information of its users.
If you do not wish to provide personal information to us, then you do not have to do so, however it may affect your use of this Site or any products and services offered on it.
1) Type of personal information collected
Personal Information: The type of personal information we collect may include is set out on our website.
2) Collection and use of personal information
We collect and use the personal information for purposes including to contact and communicate with you, for internal record keeping and for marketing.
If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognise and approve any follow-up comments automatically instead of holding them in a moderation queue.
For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
3) Disclosure of personal information
We may disclose personal information for purposes including to provide our products and services to you, and as required by law.
Visitor comments may be checked through an automated spam detection service.
4) Access to and correction of personal information
Access: You may request details of personal information that we hold about you, in certain circumstances set out in the Privacy Act 1988 (Cth). An administrative fee may be payable for the provision of information. We may refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.
Correction: If you believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us by email. We rely in part upon customers advising us when their personal information changes. We will respond to any request within a reasonable time. We will endeavor to promptly correct any information found to be inaccurate, incomplete or out of date.
If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.
If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
7) Contact forms / Cookies
If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.
8) Embedded content from other websites
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
9) Complaints about breach
If you believe that we have breached the Australian Privacy Principles and wish to make a complaint about that breach, please contact us on the email address below.
To unsubscribe from our e-mail database, or opt-out of communications, please contact us at the details below.
11) Storage and Security
We are committed to ensuring that the information you provide is secure.
For any questions or notice, please contact us at:
Chelsea Rose Sargeant ABN: 77 569 025 533
Last update: 11 April 2020
This policy is provided by legalvision.com.au
set out the rules for people using your website including how users can use this website, what is prohibited and a liability disclaimer.
WEBSITE USE TERMS AND CONDITIONS
Chelsea Rose Sargeant
Welcome to my website.
This website with URL address http://chelsearosesargeant.com.au is owned and operated by Chelsea Rose Sargeant (ABN: 77 569 025 533).
The term ‘Chelsea Rose Sargeant’ or ‘me’ or ‘my’ or ‘I’ refers to Chelsea Rose Sargeant, the owner of the website, whose registered ABN is 77 569 025 533, office located in Queensland. The term ‘you’ or ‘your’ refers to the website user.
Your use of this website is subject to the following terms and conditions:
1) The content of this website is for your general information and use only. It is subject to change without prior notice.
3) Neither I nor any third parties provide any warranty or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.
4) Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
5) This website contains material which is owned by or licensed by me. This material includes, but is not limited to, the content, design, layout, appearance, look and graphics of the website. Any reproduction of the website’s material is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
6) All trademarks reproduced in this website, which are not the property of, or licensed to me, are acknowledged on the website where required.
7) Unauthorised use of this website may be a criminal offence and/or give rise to a claim for damages.
8) This website may also, on occasion, include links to other websites which are not controlled by me. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk. They do not signify that I recommend or endorse the websites. I have no control over the nature, content and availability of those websites.
9) Your use of this website and any dispute arising out of your use of it is subject to the laws of Queensland, Australia.
10) You may only use the website for lawful purposes and in a manner consistent with the nature and purpose of the website.
11) These terms and conditions do not relate to your use of any product or service described on my website unless otherwise agreed. You must refer to the individual warranty relevant to any particular product or service.
12) These terms and conditions may be amended from time to time. Your continued use of my website following any such amendments will be deemed to be confirmation that you accept those amendments.
13) You indemnify me from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of the website.
14) In no event will I be liable for any loss, damage, cost or expense including legal costs and expenses (whether direct or indirect) incurred by you in connection with the use of this website.
15) Every effort is made to keep the website up and running smoothly. However, I take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond my control.