ArtemissK
ABN 71 970 054 788 • www.ArtemissK.com
+61 432 585 681 • Art@ArtemissK.com

Client Agreement (updated 25.09.19)

This Client Agreement details the terms and conditions of working with me (Artemiss Keyhani of ArtemissK). 

If you have received a Client Proposal/Invoice (with specific information about your purchase of my services/products), and there are any discrepancies between it and this document, the information in your Client Proposal/Invoice supersedes those in this Client Agreement.

Proceeding with your purchase of my services/products indicates your acceptance of this Client Agreement, your Client Proposal/Invoice (if one has been issued), and my Privacy Policy (found on website www.ArtemissK.com or you can email Art@ArtemissK.com for a PDF copy).

 

My name is Artemiss Keyhani, and I am here to guide and support you on your exciting journey of gaining business confidence through achieving personal clarity.

To make sure we are both clear on what to expect from each other, please read this document in full and contact me with any questions you have.

1. Disclaimer

This disclaimer relates to my services/products, including:

a. One-on-one sessions, as single and multi-session packages, online and in-person.

b. Group programs, courses, workshops and retreats, as single and multi-session packages, online and in-person.

c. DIY courses and programs, online and in-person.

d. Physical items such as jewellery, books etc.

2. My responsibility

a. I offer you the best of my experience, research, study, knowledge, skills, and guidance as available to me at the time of our interaction.

b. I will advise you up-front if I am unable to meet a specific need or expectation you have expressed to me.

c. I support and empower you to implement recommendations and progress at the pace set by you.

3. Your responsibility

a. You are 18+ years old and participating of your own free will.

b. It is completely up to you as to what you share during our interactions, but please understand that the quality/accuracy of guidance I offer is relative to the quality/accuracy of the information you provide.

c. You are responsible for doing any preparation work prior to our sessions, with the understanding that your results and/or progress may be affected by this preparation.

d. You are fully responsible for which recommendations and ideas, as suggested by me, you choose to incorporate and/or implement.

4. Important information

a. I am not a psychic, energy healer, counsellor, mental health professional, medical advisor, legal or financial consultant. It is your responsibility to seek those services if desired.

b. Before you make any life changing decisions regarding your finances, health, or other personal matters, I recommend you seek the assistance of a qualified professional.

5. Intellectual property

a. My services/products are a result of my experience, research, study, knowledge, skills, and guidance, and are protected by copyright. Please respect this and only use your purchase of my services/products for its intended purpose, and do not copy or distribute it by any means without my written permission.

6. Confidentiality and privacy

a. I am committed to safeguarding the privacy of my customers. My Privacy Policy sets out how I collect and treat your personal information. It can be found on www.ArtemissK.com or you can email Art@ArtemissK.com for a PDF copy.

7. Payment terms

a. All services/products are to be paid for in full prior to delivery of services or dispatch of products, unless specifically agreed to otherwise (as per your Client Proposal/Invoice).

b. You can pay via:

  • EFT – Acc name: AKeyhani  / BSB: 012228 / Acc no: 497468409
  • Paypal – paypal.me/ArtemissK

c. If you make payment with less than 2-working-days from our session, please send me a copy of the receipt/notification as confirmation.

d. Payment Plans are available for services/products valued over $500 AUD (total sum of purchase made at any one time). Please email Art@ArtemissK.com to discuss options.

e. All prices are listed in Australian dollars (AUD). As a guide, you can use this link to check conversion to another currency: www.convertmymoney.com.

f. As my business is not currently registered for GST, I do not collect GST from my clients.

8. Delivery of services

The method of delivery for services and products vary. Below are the general guidelines. Any specifications outlined in your Client Proposal/Invoice supersede these.

a. In-person

  • In-person sessions, courses or workshops take place on my premises or other suitable locations, as agreed to at the time of your booking.
  • Please arrive 5 minutes before the start of our session.
  • Though I aim to accommodate any mishaps or emergencies, your failure to start a session on time will not affect the original ending time or payment of the full fee if I do not agree to an alternative prior to starting our session.

b. Online

  • Online sessions, courses or workshops take place via Zoom, in Facebook groups, or other suitable platforms, as agreed to at the time of your booking.
  • I will initiate the Zoom meeting and email and/or Facebook Messenger the link to you just prior to our scheduled time.
  • Please be ready to start on time and ensure you are in a private space without interruption for the full duration of our session.

    our session.

  • Though I aim to accommodate any mishaps or emergencies, your failure to start a session on time will not affect the original ending time or payment of the full fee if I do not agree to an alternative prior to starting our session.

c. Zoom sessions: if you are new to Zoom please download the free program zoom.us and set it up on your computer and/or smart phone, and familiarise yourself with it BEFORE the start of our session.

9. Audio and video recording

a. You are free to audio and/or video record our one-on-one sessions for your own reference, but agree not to duplicate it or publicly share the content via any method.

b. You are not permitted to audio and/or video record any group or public sessions without written consent from me.

c. I am permitted to audio and/or video record one-on-one, group and public sessions for my personal reference.

d. I am permitted to audio and/or video record one-on-one, group and public sessions to be shared publicly for training, promotional, marketing or other business purposes in instances where explicit or implied permission has been given by those present.

10. Results

a. While I offer a no-risk guarantee of your first experience with me (see item 11), I do not guarantee the results you will receive from my services/products as that is based solely on your choices and efforts.

11. First experience guarantee

I want you to experience my service without risk to you, so I offer a full refund if you advise me of your dissatisfaction within 24-hours of completing your first experience with me.

a. Your first experience with me may be an interactive online course, one-on-one coaching session, group workshop, or any other service.

b. Your request for a refund must be expressed in writing via email, Messenger or SMS.

c. If the service is a single-session, then the refund must be requested within 24-hours of completing that session.

d. If the service is multi-sessions, then the refund must be requested within 24-hours of completing the first session. A request for refund also indicates that you will not be attending the remaining sessions.

e. Refunds will be processed via the same method that you made payment. Please allow 7 days for this transaction.

f. This ‘first experience guarantee’ strictly applies to live services and not to physical products or DIY courses/programs.

12. Cancellation and refunds

a. Single-session

  • If you cancel a single-session (for any reason) with more than 48-hours notice (expressed in writing via email, Messenger or SMS) you will be offered a full refund or option to rebook within the following 60 days*. 
  • If you cancel a single-session (for any reason) with less than 48-hours notice but more than 24-hours notice (expressed in writing via email, Messenger or SMS) you will not be offered a refund but you may rebook the session within the following 60 days*.
  • If you cancel a single-session (for any reason) with less than 24-hours notice (expressed in writing via email, Messenger or SMS) you will not be offered a refund or booking deferral unless in special circumstances as determined by me on a case-by-case basis.
  • If you do not attend a single-session (for any reason) and give me no notice, you will forfeit the payment/session.
  • You may transfer your booking to another person to attend in your place. Any financial compensation for such a transfer is strictly the responsibility of you and the other person.
  • You may cancel and rebook a maximum of twice per session before forfeiting the payment/session*. 
  • Refunds will be processed via the same method that you made payment. Please allow 7 days for this transaction.
  • *NOTE: if the SAME service is not available within the following 60 days, you may use the funds towards another service/program/product within that time.

b. Multi-sessions [which may occur consecutively or periodically]

  • If you cancel multi-sessions (for any reason) with more than 48-hours notice from the first session (expressed in writing via email, Messenger or SMS) you will be offered a full refund or option to rebook within the following 60 days.* 
  • If you cancel multi-sessions (for any reason) with less than 48-hours notice but more than 24-hours notice from the first session (expressed in writing via email, Messenger or SMS) you will not be offered a refund but you may rebook the session within the following 60 days.*
  • If you cancel multi-sessions (for any reason) once it has started, then the 48-hour or 24-hour notice (expressed in writing via email, Messenger or SMS) as described above applies to the next session, if applicable.
    • For example:
      – If the program is for weekly sessions held on Mondays, and you give your cancellation notice on Tuesday then it will be in time to apply to the following week’s Monday session (for partial refund or opportunity to rebook).
      – If the program is for twice-weekly sessions held on Mondays and Wednesdays, and you give your cancellation notice on Tuesday then it will not apply to that week’s Wednesday session and must wait for the following week’s Monday session (for partial refund or opportunity to rebook).
      – If the program is for 3 sessions on consecutive days, and you give your cancellation notice at the end of the second day, then no refund or rebooking option is available as there is less than the required notice before the next session.
  • Refunds (when applicable based on above) for multi-sessions are calculated on a pro-rata basis, with 10% deducted (from the total) for administration.
  • You may transfer your booking to another person to attend in your place. Any financial compensation for such a transfer is strictly the responsibility of you and the other person.
  • You may cancel and rebook a maximum of twice per session before forfeiting the payment/session*. 
  • Refunds will be processed via the same method that you made payment. Please allow 7 days for this transaction.
  • *NOTE: if the SAME service is not available within the following 60 days, you may use the funds towards another service/program/product within that time.

c. Physical products and DIY courses/programs

  • Refunds are only available on physical products and DIY courses/programs if they are faulty or clearly misleading (as determined by me on a case-by-case basis). There are no refunds, exchanges or credit for change of mind so please choose carefully.
    • For example, you would be entitled to a refund if:
      – You receive a product which does not match the physical description or image on my listing.
      – You download a DIY course about copywriting which does not include the topics listed in the description.
  • If you have purchased a service/product you believe is misleading or faulty, you must notify me (expressed in writing via email or SMS) within 72-hours of taking delivery of your purchase to qualify for a refund.
  • Please note that the refund amount will not exceed the actual price you have paid for the purchase of the product or DIY course/program.
  • Where you qualify for a refund on a physical item, I will also cover cost of the return postage from you, subject to proof of your payment.
  • Refunds will be processed via the same method that you made payment. Please allow 7 days for this transaction.

d. Incorrect recommendation

  • If you have purchased a service/product based on my specific recommendation, in answer to accurate information supplied by you, which you then found to be not compatible with your needs, you must notify me (expressed in writing via email or SMS) within 72-hours of taking delivery of your purchase to qualify for a refund.
  • Refunds will be processed via the same method that you made payment. Please allow 7 days for this transaction.

13. Limitation of liability

a. You agree to indemnify me for any injury or illness that you might suffer or any damage or loss that might occur while we are working together, or which you experience afterwards.

b. If you have any doubts at all about any issue that might arise, you agree that you will conduct your own research and make your own fully informed decision about what is best for you.

c. In no event shall I be liable to you for costs, loss or damage of any kind arising out of or related to this Client Agreement or the services/products provided in relation to it. If this clause is unenforceable for any reason, my total cumulative liability for all causes of action of any kind shall not exceed the total amount you have paid for my services/products.

14. Jurisdiction and dispute resolution

Please contact me about any issues. I am highly vested in creating win/win solutions for both of us when possible.

a. Jurisdiction: ArtemissK is located in New South Wales, Australia. This Client Agreement is subject to the governing law of New South Wales, Australia. My services/products are offered in compliance with Australian Consumer Law.

b. Negotiation: If you have any issues or complaints arising out of your use of my services/products or this Client Agreement, you and I agree to make a genuine effort to resolve the dispute through negotiation and discussion.

c. Mediation: If we are unable to resolve a dispute by negotiation and discussion within 14 days, you and I agree to proceed to mediation with the assistance of an accredited mediator who is independent of both parties.

The mediator is to be appointed by agreement of the parties or, failing agreement within twenty-one (21) days of the first notification of the dispute, by a person appointed by the Chair of Resolution Institute, (ACN 008 651 232, Level 2, 13-15 Bridge Street, Sydney NSW 2000; telephone: 02 9251 3366, email: infoaus@resolution.institute) or the Chair’s designated representative.

The Resolution Institute Mediation rules shall apply to the mediation. We agree to share the costs of mediation equally between us.

d. Litigation: It is a condition precedent to the right of either of us to commence litigation other than for interlocutory relief, that it has first offered to submit the dispute to mediation. Litigation is to be considered a last resort and may not be commenced until, in the opinion of the independent mediator, the potential for negotiation and mediation have been exhausted.

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