Coaching Services Terms & Conditions
Agreement
These Terms and Conditions ("Terms") govern the provision of one-to-one coaching and advisory services ("Coaching Services") by Proptech Guru Pty Ltd (ABN 20 162 749 564) ("Proptech Guru", "we", "us", "our") to you ("you", "the Client"). By purchasing a coaching package, or by attending a coaching session, you agree to these Terms.
If you are engaging us on behalf of a company, you confirm you have authority to bind it, and "you" includes that company. Where you have signed a Master Services Agreement and Statement of Works with us covering the same services, that agreement prevails over these Terms to the extent of any inconsistency.
1. Definitions
1.1 "Coaching Services" means the one-to-one coaching, mentoring and advisory services described in clause 2 and in your engagement confirmation.
1.2 "Session" means a scheduled one-to-one coaching meeting, delivered online unless agreed otherwise.
1.3 "Package" means the coaching package you have purchased, as set out in clause 3.
1.4 "Engagement Period" means the period during which the Sessions in your Package must be used, as set out in clause 6.
1.5 "ACL" means the Australian Consumer Law in Schedule 2 to the Competition and Consumer Act 2010 (Cth).
2. The Coaching Services
2.1 Coaching Services consist of structured one-to-one sessions focused on the growth of your proptech business, which may cover strategy, positioning, go-to-market, pricing, marketing, commercial models, investor readiness and founder capability.
2.2 Coaching Services are delivered by Kylie Davis unless we notify you otherwise. We may substitute an appropriately qualified coach where necessary, and will discuss this with you first.
2.3 Between Sessions we may provide reasonable email or messaging support as described in your Package. This is not an unlimited consulting entitlement and we will respond within reasonable business hours.
2.4 Coaching is a collaborative process. We provide guidance, challenge and accountability. You make and remain solely responsible for all decisions about your business.
2.5 Coaching Services do not include execution or delivery work such as building campaigns, producing content, or managing your marketing. Those are separate services governed by a Statement of Works.
3. Packages and Fees
3.1 Our coaching packages are:
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Strategy Sprint
Focused short engagement of two sessions
$1,500
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Growth Coaching
Ongoing coaching program of six sessions
$4,000
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Founder Accelerator
Intensive extended engagement of 12 sessions.
$7,000
3.2 Fees are in Australian dollars and exclusive of GST unless stated otherwise.
3.3 Unless we agree a payment plan in writing, fees are payable in full in advance. Coaching Services commence once payment is received or a payment plan is established.
3.4 Where a payment plan applies, you authorise us to debit your nominated payment method on the agreed schedule, and you commit to the full Package fee.
3.5 Invoices are payable within seven (7) days unless otherwise stated. We may pause Sessions where an invoice is more than fourteen (14) days overdue, after giving you written notice.
3.6 We may review our fees at any time. A fee change does not affect a Package you have already purchased.
4. Booking & Scheduling
4.1 Sessions are booked through the scheduling system we provide, subject to availability.
4.2 You are responsible for booking your Sessions within the Engagement Period. We will send reminders but the obligation to book rests with you.
4.3 Sessions are held during Australian Eastern business hours unless otherwise agreed.
4.4 If we need to reschedule a Session, we will give you as much notice as practicable and offer you the next available alternative time at no cost to you.t as described in your Package. This is not an unlimited consulting entitlement and we will respond within reasonable business hours.
5. Rescheduling, Cancellations & Non Attendance
5.1 You may reschedule a Session at no cost by giving at least twenty-four (24) hours' notice.
5.2 A Session cancelled with less than twenty-four (24) hours' notice is treated as delivered and is deducted from your Package.
5.3 If you do not attend a Session and have not given notice, we will wait fifteen (15) minutes, after which the Session is treated as delivered.
5.4 We will exercise reasonable discretion in genuine emergencies, including illness or bereavement, and will not unreasonably treat such a Session as used.
5.5 Where you are persistently late, the Session will still end at its scheduled finish time so that we do not disrupt other clients.
6. Engagement Period & Expiry
6.1 Sessions must be used within the Engagement Period stated in your engagement confirmation. Unless stated otherwise, the Engagement Period is twelve (12) months from the date of your first Session.
6.2 Sessions not used by the end of the Engagement Period expire and are not refundable or transferable, except as set out in clause 6.3 or where the ACL requires otherwise.
6.3 If you are unable to use your Sessions because of circumstances such as serious illness or significant disruption to your business, contact us and we will consider extending your Engagement Period. We will act reasonably and in good faith.
6.4 Sessions are personal to you and may not be transferred to another person or business without our written consent.
7. Cancellation & Refunds
7.1 Before commencement. You may cancel before your first Session and receive a full refund.
7.2 After commencement. You may end the engagement at any time by written notice. Where you do so, you will be charged for Sessions delivered and any Session cancelled under clause 5.2, and we will refund the balance of prepaid fees for undelivered Sessions. We may retain a reasonable amount for administration and scheduling costs actually incurred.
7.3 Discounted packages. Where a Package has been discounted on the basis of the number of Sessions purchased, Sessions already delivered will be recalculated at our standard single-session rate when determining any refund.
7.4 If we cancel. If we end the engagement other than for your breach, you will receive a full refund of prepaid fees for undelivered Sessions.
7.5 Your ACL rights. Our services come with guarantees that cannot be excluded under the Australian Consumer Law, including that they will be provided with due care and skill and be fit for purpose. Nothing in these Terms excludes, restricts or modifies those guarantees, and nothing in this clause 7 limits a remedy you are entitled to under the ACL.
8. Your Responsibilities
8.1 To get value from coaching you agree to:
• attend Sessions prepared and on time;
• provide accurate and complete information about your business;
• tell us promptly of any material change in your circumstances relevant to the coaching; and
• take responsibility for implementing your own decisions.
8.2 You acknowledge that the value of coaching depends substantially on your own engagement and execution.
9. Confidentiality
9.1 Each party must keep confidential all non-public information of the other party disclosed in connection with the Coaching Services, including your business plans, financial information, product roadmap, customer information, pricing and strategy.
9.2 We will not disclose your Confidential Information to any third party without your consent, except to our personnel who need it to deliver the Coaching Services and who are bound by equivalent obligations, or where required by law.
9.3 These obligations do not apply to information that is public through no breach of these Terms, was already lawfully held, or is independently developed.
9.4 We may describe the general nature of our work in anonymised terms. We will not identify you as a client, or use your name or logo, without your prior written consent.
9.5 This clause survives termination and continues for three (3) years.
10. Conflicts of Interest
10.1 You acknowledge that we provide services to a number of businesses in the property technology sector, and that some of those businesses may compete with you.
10.2 You acknowledge that Kylie Davis holds positions in industry bodies including the Proptech Association Australia, and various board and advisory roles, and that these roles are held independently of the Coaching Services.
10.3 We will not use your Confidential Information for the benefit of any other client, and we maintain confidentiality between clients in accordance with clause 9.
10.4 Where we become aware of a conflict of interest that we consider material to our ability to act for you, we will disclose it to you promptly. You may then decide whether to continue, and if you choose not to, clause 7.2 applies with no administration deduction.
10.5 Participation in coaching does not give you any preference, advantage or influence in relation to Proptech Association Australia membership, awards, events or programs, which are governed independently of Proptech Guru.
11. No Professional Advice and No Guaranteed Outcome
11.1 Coaching Services are advisory and educational. They do not constitute financial product advice, investment advice, legal advice, tax advice or accounting advice, and we are not licensed to provide financial product advice.
11.2 Where a matter requires professional advice, we will tell you, and you should engage an appropriately qualified and licensed adviser.
11.3 We do not guarantee any particular result, including capital raised, revenue, valuation, customer growth or a successful exit.
11.4 You remain solely responsible for all decisions you make about your business and for compliance with all laws applicable to it.
12. Intellectual Property
12.1 You own all intellectual property in your business, products, brand and materials. Nothing in the Coaching Services transfers any of it to us.
12.2 We own all intellectual property in our frameworks, methodologies, templates, models and materials, including anything we developed before or independently of your engagement.
12.3 We grant you a non-exclusive, non-transferable licence to use materials we provide to you within your own business. You must not resell, publish or license them, or use them to deliver coaching, training or consulting to third parties.
12.4 Where we specifically create a bespoke deliverable for you as part of the engagement, ownership of that deliverable passes to you on full payment, excluding any of our pre-existing intellectual property embedded in it, which you may use under clause 12.3.
13. Recordings & Notes
13.1 Sessions are not recorded unless both parties agree in advance.
13.2 Where a Session is recorded, the recording is confidential, is provided to you for your own use, and must not be shared outside your business.
13.3 We may keep notes and action items to deliver the Coaching Services. These are handled in accordance with clause 9 and our Privacy Policy.
14. Privacy
14.1 We handle personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy at proptechgurus.com.au.
14.2 We use third-party platforms for scheduling, video conferencing, payments, document storage and email. Your information may be processed by these providers, including outside Australia.
15. Limitation of Liability
15.1 Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy under the ACL or any other law that cannot lawfully be excluded.
15.2 To the extent permitted, our liability for a failure to comply with a consumer guarantee is limited, at our option, to re-supplying the relevant Coaching Services or paying the cost of having them re-supplied.
15.3 Subject to clauses 15.1 and 15.2, and to the extent permitted by law, our total aggregate liability arising out of or in connection with the Coaching Services is limited to the fees you have paid us for the relevant Package.
15.4 Subject to clause 15.1, and to the extent permitted by law, we are not liable for indirect or consequential loss, loss of profit, revenue, opportunity, goodwill or data, or for loss arising from decisions you make in reliance on the Coaching Services.
15.5 Each party's liability is reduced to the extent the loss was caused by the other party.
16. Termination
16.1 Either party may terminate immediately by written notice if the other materially breaches these Terms and does not remedy the breach within fourteen (14) days of notice.
16.2 We may terminate immediately for abusive, unlawful or seriously inappropriate conduct towards our personnel. In that case, fees for delivered Sessions remain payable and we will refund prepaid fees for undelivered Sessions.
16.3 Either party may terminate for convenience under clause 7.2.
16.4 Clauses 9, 10, 11, 12, 14 and 15 survive termination.
17. Events Outside Our Control
17.1 Neither party is liable for a failure to perform caused by an event beyond its reasonable control. Where such an event prevents a Session, it will be rescheduled at no cost.
18. General
18.1 Independent contractor. We provide Coaching Services as an independent contractor. Nothing creates an employment, partnership, joint venture, agency, directorship or fiduciary relationship, and we do not hold any office in your business.
18.2 Entire agreement. These Terms and your engagement confirmation form the entire agreement about the Coaching Services.
18.3 Changes. We may update these Terms for new engagements. The Terms applying to you are those in force when you purchase your Package.
18.4 Governing law. Governed by the laws of New South Wales, Australia, with the parties submitting to the non-exclusive jurisdiction of its courts.
18.5 Disputes. The parties will attempt to resolve any dispute in good faith by discussion before commencing proceedings, except where urgent relief is required.
18.6 Severance. Any unenforceable provision is severed and the remainder continues.
18.7 Notices. Notices must be in writing and may be sent by email to hello@proptechguru.com.au. [CONFIRM: correct notice address]
18.8 Assignment. You may not assign these Terms. We may assign to a related entity or on a sale of business, on notice to you.
Proptech Guru Pty Ltd (ABN 20 162 749 564)
Email: hello@proptechguru.com.au