Terms and Conditions

About These Terms

These Terms and Conditions (“Terms”) govern your use of the Beyond Profit Coaching website and your engagement of services provided by D Davies Pty Ltd trading as Beyond Profit Coaching (“we”, “us”, “our”).

By accessing our website, booking a call, or engaging our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or engage our services.

These Terms should be read alongside our Privacy Policy, which forms part of our agreement with you.

Our Services

Beyond Profit Coaching provides business and profit coaching, educational resources and related support for business owners.

Where you purchase services, the scope, fees, delivery arrangements and any specific conditions will be set out in a separate proposal, booking confirmation or service agreement before you commit.

Engaging Our Services

Before you purchase services, we will provide information about the scope, fees, delivery arrangements and any specific conditions that apply.

The steps required to confirm your engagement will be set out in the relevant proposal, booking process or service agreement. These may include accepting the agreement and making an initial payment.

Sending an enquiry or booking an introductory call does not, by itself, commit you to purchasing a coaching program or ongoing services.

Before accepting an engagement, we may discuss your needs with you to determine whether our services are a suitable fit.

Fees and Payment

Pricing

Fees for our programs are discussed with you and confirmed in your service agreement before you commit. All fees are quoted in Australian dollars (AUD) and are inclusive of GST unless otherwise stated.

Payment terms

Payment terms will be specified in your service agreement and may include:

• Payment in full prior to commencement
• An initial deposit with subsequent instalments on agreed dates
• Monthly payment plans where offered

Late payment

If a payment is not received by the due date, we reserve the right to pause or suspend the delivery of services until payment is received. We will provide reasonable notice before taking this action.

GST

Beyond Profit Coaching is registered for GST in Australia. A tax invoice will be issued for all payments received.

Cancellation and Refund Policy

Cancellation by you

If you wish to cancel your engagement, please notify us in writing as soon as possible.

• Cancellation before commencement: If you cancel before the program commences and before any services have been delivered, you are entitled to a full refund of any amounts paid, less any non-refundable deposit specified in your service agreement.
• Cancellation after commencement: If you cancel after the program has commenced, fees for services already delivered are non-refundable. Where a payment plan is in place, you will be liable for fees proportional to the services delivered to the date of cancellation.
• Change of mind: We do not offer refunds on the basis of change of mind once a program has commenced.

Cancellation by us

We reserve the right to cancel an engagement in circumstances including but not limited to: non-payment, a fundamental breakdown in the working relationship, or where we reasonably determine that our services are no longer appropriate for your situation.

If we cancel an engagement for reasons other than your breach of these Terms, we will refund fees proportional to the undelivered portion of the program.

Rescheduling and Missed Sessions

Rescheduling by you

We ask for a minimum of 48 hours’ notice if you need to reschedule a session. Sessions cancelled with less than 48 hours’ notice may be forfeited unless rescheduling is due to an emergency or exceptional circumstance.

Missed sessions

Sessions that are not attended and not rescheduled within the agreed notice period are considered forfeited and are not eligible for a credit or refund.

Rescheduling by us

In the unlikely event that we need to reschedule a session, we will provide as much notice as possible and offer an alternative time that is convenient for you.

Your Responsibilities

To ensure you receive the full benefit of our services, you agree to:

• Attend sessions on time and prepared, with access to relevant financial information where requested
• Engage honestly and openly about your business situation
• Implement agreed actions between sessions to the best of your ability
• Notify us promptly if your business circumstances change in a way that affects the program
• Treat all communications with Beyond Profit Coaching professionally and respectfully

You acknowledge that the results of the coaching engagement depend significantly on your active participation and implementation. Beyond Profit Coaching cannot guarantee specific financial outcomes, as results will vary based on individual circumstances, business conditions, and the actions taken.

Confidentiality, Recording and AI-Assisted Tools

We treat the business and personal information you share with us as confidential. Our use of service providers, including communication, scheduling, transcription and AI-assisted tools, is explained in our Privacy Policy. Any disclosure must be consistent with applicable privacy obligations and any consent required.

Recording and transcription

We ask for your permission before recording or transcribing a session. You may decline recording or transcription and still participate in the session.

Where agreed, recordings or transcripts may be used to prepare session summaries, action items and follow-up communications. Any use for another purpose, including our own learning or training, will be explained and agreed separately.

AI-assisted work

We may use AI-assisted tools to help draft or edit materials and communications, summarise information and identify possible action items. These tools support our work; they do not replace our professional judgement or responsibility for the services we provide.

Before using client-related material with generative AI, we remove names and other details that could reasonably identify you, your business or another person. We review AI-assisted client materials before sharing or relying on them.

Client examples and materials

We will not identify you or your business in marketing materials or case studies without your explicit written consent. Examples described as anonymous must not reasonably identify you.

Please respect the permitted use of our frameworks, tools and materials as outlined in Section 9.

Intellectual Property

All content on the Beyond Profit Coaching website, including text, frameworks, tools, templates, and materials provided as part of our services, is the intellectual property of Beyond Profit Coaching and Dianna Davies.

You may use materials provided to you in the course of your engagement for the purpose of implementing what we work on together in your own business. You may not:

• Reproduce, distribute, or publish our materials for commercial purposes
• Share our materials with third parties, including other business owners, without our written consent
• Use our frameworks or tools to deliver services to others

Nothing in these Terms transfers ownership of any intellectual property to you.

Disclaimer and Limitation of Liability

No guarantee of results

Coaching and profit strategy services are not a guarantee of specific financial outcomes. Results depend on many factors including your business circumstances, market conditions, your implementation of agreed actions, and factors outside our control.

Testimonials and case studies referenced on our website represent individual results and are not a guarantee that you will achieve the same outcomes.

Not financial, legal, or accounting advice

Our services constitute coaching and profit strategy. Nothing we provide should be interpreted as formal financial advice, legal advice, accounting services, or tax advice. You should consult qualified professionals for those matters.

Limitation of liability

To the maximum extent permitted by law, Beyond Profit Coaching’s total liability to you for any claim arising out of or in connection with our services is limited to the total fees paid by you for the specific program giving rise to the claim.

We exclude all liability for indirect, consequential, special, or incidental loss or damage arising from your use of our services or website, to the fullest extent permitted by law.

Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). For services, these guarantees include that the services will be provided with due care and skill, within a reasonable time, and will be fit for the purpose made known to us.

Nothing in these Terms is intended to exclude, restrict, or modify any right or remedy you have under the ACL or any other applicable consumer protection law.

Where our services are not provided in accordance with the consumer guarantees under the ACL, you may be entitled to a remedy. The type of remedy will depend on whether the failure is a major or minor failure as defined under the ACL.

Termination

Either party may terminate the engagement by providing written notice. The consequences of termination with respect to fees and refunds are governed by the Cancellation and Refund Policy in Section 5.

We may terminate an engagement immediately and without notice in circumstances where:

• You have engaged in conduct that is abusive, threatening, or disrespectful toward us
• You have materially breached these Terms and failed to remedy the breach within 7 days of written notice
• Payment has not been received and remains outstanding after a reasonable period

Termination does not affect any accrued rights or obligations of either party prior to the date of termination.

Governing Law

These Terms are governed by the laws of Australia. Any dispute arising out of or in connection with these Terms will be subject to the exclusive jurisdiction of the courts of Australia.

Before initiating any formal legal proceedings, both parties agree to attempt to resolve any dispute in good faith through direct communication.

Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will update the “Last updated” date at the top of this page.

Changes will not apply to engagements already in progress unless we notify you and you agree to the updated terms. For new engagements, the version of these Terms in effect at the time of agreement will apply.