TERMS OF ENGAGEMENT – BUSINESS ADVISORY

Thank you for choosing Miss Efficiency and we look forward to working with you. There are some items that you should be aware of in terms of our engagement, which are itemised here. If you have any questions, please feel free to contact us to discuss further.

In order for us to properly look after your needs it is important for you to assist us in working with you and we would appreciate you acknowledging our Rules of the Game. This is an important concept that establishes mutual commitment to the process.

Your Responsibilities

  • You are prepared to invest in yourself and meet your commitment with Miss Efficiency every session, on time so that we can continue to provide the service to build your business.
  • There may be some work for you to do before each session. The amount of effort you put in will have a direct impact on the outcomes you achieve. You commit to putting time aside each week to ensure this work is done so you can keep moving toward achieving your goals.
  • You commit to being mentally present and contribute to each session.
  • You will offer honest feedback at all times. This includes giving praise when we’ve helped you achieve the results you’re after, and offering suggestions (not attacking), should we make a mistake.
  • You will be honest, truthful and up front with us at all times.
  • You accept that the program you have committed to will take 3-5 hours of on the business activity per week and that success does not happen overnight.
  • You are committed to keeping all your appointments with Miss Efficiency and will be prepared to give at least 24 hours’ notice if you are unable to keep an appointment. If you do not notify us of any changes to your appointments you accept that you will forgo that consultation.
  • If we call and leave a message for you or send an email, you will acknowledge this communication with us within 48 working day hours.
  • You will disclose all necessary information to the Miss Efficiency team so that we can service you efficiently.
  • You will be realistic with your expectations of us and of yourself.
  • You will be prepared to work to achieve your goals and you will cooperate with Miss Efficiency at all times.
  • You are prepared to change to achieve your goals.
  • You will take Miss Efficiency on any strategy or suggestion that we make (given that it is reasonable to do so at the time), and ensure that you undertake to test these concepts or idea’s to see the various test results and determine what works best for your business.

Our Responsibilities

  • You will receive a professional, friendly and courteous service. You will be respected as a person and never taken for granted.
  • You will find us honest, truthful and up-front with you at all times. Only programs and strategies that will benefit you will ever be recommended.
  • Your perception of our performance is always the reality.
  • Your investment in our products and programs will always be rewarded with exceptional quality and a design that will add significantly to your business.
  • You will rarely find our products to be the cheapest on the market. You will however always get the best quality and value to give you real benefits.
  • Your communication with us will be acknowledged by us within 48 working day hours.
  • We will communicate with you frequently as we build a win-win and long term partnership to help you build your business and achieve your goals.
  • Every Team Member at Miss Efficiency has the authority and ability to make decisions with you.
  • As you refer your friends and colleagues to Miss Efficiency you are assured they will also receive this same set of dual responsibilities, so you can feel good about referring.
  • Your feedback is critical to our continual ongoing improvements. If we make a mistake please tell us (and please give us praise when we do well). Your ideas, comments and suggestions are always wanted by our Team. We want to set the standard, but if we do make a mistake you can be assured we’ll learn from it and correct quickly.
  • By no means are these the only standards you are entitled to measure us by, in fact as we push the leading edge of business, you’ll find we’ll add more standards to give you the best service and best information possible.

 

Acceptance

Agreeing to these terms constitutes a legally binding agreement between you and Miss Efficiency. Upon acceptance of our proposal it is acknowledged that you agree and accept these Terms of Engagement. We reserve the right to vary these Terms of Engagement, review the content of our programs, cancel, amend, change or reschedule part of our program inclusions and to make other changes as reasonably required.

Confidentiality

It is a requirement of the Privacy Act 1988 that you are informed about the collection of your personal information and how we may use it. Personal and business information that we collect from you is used to provide and improve our service to you. We will use your information for the reason it was disclosed and not for any other purpose without your prior consent.

Miss Efficiency will not at any time disclose to any third party any information that is identified as confidential without your consent or unless required to by law. We will use all reasonable endeavours to protect your confidential information from any unauthorised disclosure and only it for the purpose for which it was disclosed by you. We will protect such information and treat it as strictly confidential both during the engagement period, and after termination of the engagement.

You, including your employees and contractors, agree not to disclose our confidential information to any third party; to use all reasonable endeavours to protect confidential information from any unauthorised disclosure; and only to use the confidential information for the purpose for which it was disclosed or provided by us to you, and not for any other purpose.

Delivery

Our services are typically delivered via electronic, pre-arranged meetings. Our services may also include face-to-face components at a location to be decided upon by Miss Efficiency and agreed upon by you. We reserve the right that delivery mechanisms and platforms, as well as face-to-face locations, may change from time to time where reasonable. It is your responsibility to organise and fund travel and accommodation (if necessary) to participate in face-to-face activities.

Payment Policy

On acceptance of these terms you are liable for the full cost of the program. Our payment terms are upfront, or installments over the term of the program. If you pay upfront, the full amount will be payable, after which your program will commence. If you pay in instalments, the program will commence after the first payment. The remaining instalments will be due each payment cycle (weekly or monthly) until the total program cost is paid.

It is your responsibility to ensure that on each payment due date there are sufficient cleared funds in your nominated account to meet your scheduled payment. Should your payment decline on the agreed payment date, we reserve the right to continue attempts to process your payment. We will attempt to process the declined amount each day thereafter until successful. We will not be responsibility for any dishonour or honour fees charged by your financial institution. After continued failed payment attempts we reserve the right to suspend access to our program and cease work immediately and without penalty.

Should your bank details change, it is your responsibility to provide Miss Efficiency with new payment details to ensure payments continue to be successfully debited. Once your agreed minimum program term has ended, you can continue your program on a month-to-month basis. We will continue to debit the amount set out in the engagement agreement until such time that you advise us that you wish to discontinue.

Should your payment dishonour and we are unsuccessful in future payment attempts, we reserve the right to discontinue to provide services to you immediately and without penalty.

Our pricing structure, payment methods, payment processes and these Terms of Engagement may be amended at any given time at our discretion. All other changes will apply from the date that the amended or new Engagement Terms are posted on our website or are provided to you, whichever is earlier.

Systems and Documentation

Miss Efficiency may from time to time provide you with various documents and other information which could be used by you in the conduct of your business. These documents may include but are not limited to agreements, policies, procedures, letters, flowcharts, scripts, templates and how-to guides. This information is not intended to replace legal, financial or industrial relations advise, and is provided only as a general guide as to the types of systems and documents which you could put in place in your business.

Ownership of Information

The financial statements and any other documents that we are specifically engaged to prepare, together with any original documents given to us by you, are your property. Any other documents brought into existence by us, including general working papers and draft documents remain our property. It is agreed that all materials provided to Miss Efficiency are owned by you or you have the permission from the rightful owner to use such materials, and you will hold harmless, protect and defend Miss Efficiency from any claim or action which may arise from the use of such materials.

Electronic Mail

Electronic mail may not always be secure and any files transmitted may, among other things, be copied, recorded, read or interfered with by a third party while in transit. If we transmit any file electronically, you agree to release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document after transmission, for any delay or non-delivery of any file and for any damage caused to your system or any files by a transmission. Please note that it is not our policy to open links within emails due to the increased number of malicious emails.

Relationship of Parties

Miss Efficiency is an independent contractor, not an employee. As such, you are not held to the obligations of an employer such as superannuation, annual leave, payroll tax, etc. However, the following rights are upheld, consistent with an independent contractor status. These include the right to perform services for others during this engagement; the right to control and direct the means, manner and method by which the services are performed; the right to hire assistants and use employees to provide the services required. This engagement does not create a partnership relationship; you, nor we, have the authority to enter into contracts on the other’s behalf.

Disclosure of Information

It is a legal requirement that we inform you about any client information we are disclosing, and to whom and where the disclosure will be made in the course of providing services to you. Depending on the services that we provide for you, we wish to advise that some of your information may be disclosed to third parties as listed below.

Backup services – Information stored for back up purposes.

Third parties – Information provided for the purposes including but not limited to storing information, transferring information, communicating about client affairs.

Software Providers – Information stored within the software including but not limited to the result of data entry, reconciliations, source documents. Software Providers means the primary software used to capture the accounting records and other related and/or integrated software to assist with capturing that information and providing services to you.

Subcontractors and employees – Information necessary to perform services including but not limited to process information, source documents, accounting files, bank statements.

Termination

Any requests to terminate your program must be sent in writing to sarah@missefficiency.com.au.

You are not locked into a contract and can stop at any time. However, our experience tells us no-one gets real value from coaching if only doing it for a few months and then stopping. We consider coaching a 3-5 year journey, to make the business truly sustainable and scalable.

You can stop anytime you feel you are not receiving a return on your invement, as long as you give us 30 days notice and an opportunity to fix the challenge or misunderstanding we are having.

No monies back for services not delivered yet paid in pro-rata, as there is an opportunity cost to us, which you decide to relegate by leaving your commitment early.

Your Acknowledgments, Obligations and Warranties

You warrant that throughout the term of this agreement that:

  • you are fully and solely responsible and liable for payment of all fees payable under the agreement and any other financial obligations associated with the agreement;
  • you will cooperate with us and provide us with information and comply with requirements in a timely manner, as requested by us from time to time, that are reasonably necessary to enable us to perform the service;
  • the information you provide to us is true, correct and complete;
  • you will inform us if you have reasonable concerns relating to our provision of our service, with the aim that we and you will use all reasonable efforts to resolve the concerns; and
  • you are authorised to make decisions and declarations on behalf of the business.

You agree and understand that:

  • we do not grow your business for you; we give you access to information and tools;
  • participation in our programs is not a guarantee of success and we are not liable for any negative impacts that your actions have on you or your business;
  • the information, resources and material we provide to you as part of your program is for general information purposes and does not constitute legal or financial advice. You agree to seek independent legal and financial advice in relation to the information and materials provided to ensure that they are suitable for your business;
  • any options or advice provided by Miss Efficiency should be treated as general advice or suggestions only and that you shall undertake your own research before making any decision to implement any options or advice provided by our advisers; and
  • you are responsible for using the materials and resources provided to you during the course of your program.