Terms and Conditions
Contents
- About These Terms
- Our Services
- Engaging Our Services
- Fees and Payment
- Cancellation and Refund Policy
- Rescheduling and Missed Sessions
- Your Responsibilities
- Confidentiality
- Intellectual Property
- Disclaimer and Limitation of Liability
- Australian Consumer Law
- Termination
- Governing Law
- Changes to These Terms
- Contact
About These Terms
These Terms and Conditions (“Terms”) govern your use of the Beyond Profit Coaching website and your engagement of services provided by Beyond Profit Coaching, operated by Dianna Davies (“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 profit strategy and financial coaching services to established service-based business owners. Our services are offered through the following programs:
- 90-Day Profit Stabilisation — a short-term, intensive coaching engagement focused on identifying and closing profit gaps, restructuring pricing and owner pay, and establishing a monthly financial rhythm
- 12-Month CEO Profit Leadership — a long-term strategic coaching engagement covering profit architecture, pricing strategy, owner wealth planning, and financial leadership
- Profit Clarity Call — an initial 45-minute consultation to assess your business and determine whether our services are a suitable fit
The specific scope, deliverables, and format of each engagement will be confirmed in a separate service agreement or proposal provided to you prior to commencement.
Important: Beyond Profit Coaching provides coaching and profit strategy services. We are not providing financial advice, legal advice, accounting services, or tax advice as defined under applicable Australian legislation. You should seek independent professional advice for matters relating to tax, legal compliance, investment, or formal financial planning.
Engaging Our Services
An engagement with Beyond Profit Coaching is confirmed when:
- You have completed a Profit Clarity Call and both parties have agreed to proceed
- You have received and accepted a service agreement or proposal outlining the scope and investment
- The initial payment or deposit has been received in accordance with the agreed payment terms
We reserve the right to decline any engagement at our discretion, including where we assess that our services are not the right fit for your current situation.
Fees and Payment
Pricing
Fees for our programs are outlined on our website and confirmed in your service agreement. 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.
Nothing in this cancellation policy excludes, restricts, or modifies any rights or remedies you may have under Australian Consumer Law. See Section 11 for further detail.
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
We understand that you will share sensitive business and financial information during the course of our engagement. We treat all information you share with us as strictly confidential and will not disclose it to any third party without your consent, except where required by law.
Similarly, we ask that you treat any information, frameworks, tools, or materials shared with you by Beyond Profit Coaching as confidential and not share them without our written permission.
Where we use anonymised client results or general case study information for marketing purposes, we will not identify you personally or by business name without your explicit written consent.
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.
Contact
If you have any questions about these Terms or your engagement with us, please get in touch.
