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Dummies and Playdates® Baby and Toddler Sleep Consulting
Terms and Conditions
Sleep Settling Consultant
In this agreement, the following words have the meaning ascribed to them below – Sleep Settling Consultant
Means Diane Carter Pty Limited trading as Dummies and Playdates® Baby and Toddler Sleep Consulting only.
Means this agreement is between the Client and or Family with the Sleep Consultant.
Sleep Settling Consultant
Means Dummies and Playdates® Baby and Toddler Sleep Consulting only
Sleep Consultant or Me
Means the Baby and Toddler Sleep Consultant or Diane Carter only
Against any person any allegation, action, demand, cause of action, suit, proceeding, judgement, debt, damage, loss, cost, expense or liability howsoever arising and whether present or future, fixed or unascertained, actual or contingent whether at law, in equity, under statute or otherwise.
Client or Family or You
Refers to a Person or Person’s using the services of this Agency known as Dummies and Playdates® Baby and Toddler Sleep Consulting only to engage a Baby and Toddler Sleep Consultant.
Client Registration Form
Is the application form that the Client completes to be eligible for registration with the Sleep Consultant.
Client Sleep Intake Questionnaire Form
Is the intake questionnaire form that the Client and or Family completes when requesting a Baby and Toddler Sleep Settling Consultant.
Refers to the Sleep Plan the Sleep Settling Consultant provides to the Client and or the Family after their Consultation
- this agreement;
- personal information;
- any other information disclosed by the Agency that is:
- identified as being confidential; or
- would be apparent to a reasonable person that such information was disclosed in confidence by the disclosing party.
Deposit Booking Fee
Means the amount/fee set out in the Sleep Consultant’s Fee Schedule and is charged for each type of Consult by the Sleep Consultant and the agency known as Dummies and Playdates® Baby and Toddler Sleep Consulting only.
Means the Fee Schedule attached to this agreement or otherwise provided to the Client and or Family by the Sleep Consultant.
Means A New Tax System (Goods and Services Tax) Act 1999 (Cth) and any other Act or regulation relating to the imposition or administration of the GST.
Late Payment Fee
Means the amount set out in the Fee Schedule.
Refers to the engagement by the Client of a Sleep Settling Consultant and engaged by a Client.
Refers to the fee charged by the Sleep Consultant for each type of Sleep Consultation or Sleep Plan
Sleep Consultant Booking
Means the engagement of a Sleep Consultant that is engaged for a Sleep Consultation to a Client or Family to assist with Sleep Settling and or Training
Means the engagement of a Sleep Settling Consultant and engaged by the Client.
Standard & Performance of Baby Sleep Settling Consultant Services:
Performance of Services
The Client and or Family engages the Sleep Consultant to perform Sleep Consulting Services in accordance with the terms of this agreement.
Standard of Services
The Sleep Consultant will perform the Sleep Settling Consultant Services with all due care, skill and diligence.
The Provision of Services
That the Sleep Consultant provides is subject to the Client and or Family, providing the Sleep Consultant with a completed and up to date Client Sleep Consultant Registration Form.
Paying the Deposit Booking Fee and providing adequate instructions to enable the Sleep Consultant to fulfill its obligations under this Agreement.
Client Sleep Consultant Registration
When a Client and or Family contacts the Sleep Consultant for a Consultation with the Client’s Family & Child/ren.
The Client and or Family must provide the Sleep Consultant with a completed and up to date Client Sleep Registration Form.
The Client Sleep Consultant Registration Form is between the Client and or Family with the Sleep Consultant only and is to be executed by the Client and or Family after their 15 min Free Consultant and returned to the Sleep Consultant along with the Payment of the Deposit Booking Fee that is stated in the Sleep Consultant Fee Schedule.
The Client and or Family must ensure that all documentation provided by the Client and or the Family at any time, whether in response to a request or the 15 min Free Consultation requested by the Sleep Consultant and or on the Sleep Consultant’s Registration, must be accurate, signed and up to date.
This includes all documentation from the Sleep Consultant – Sleep Settling
Sleep Consultant Required Documents
The Sleep Settling Consultant holds a current Working with Children Check and an update Accredited First Aid this also includes a current CPR.
This is between the Sleep Consultant and between you the Client and or the Family.
Dummies & Playdates® is a registered Trade Mark
Ownership of all Content for the Agency and all of its Services including Business’s set out below is solely owned by Diane Carter Pty Ltd
- a) Dummies and Playdates® Nanny and Babysitting Agency
- b) Dummies and Playdates® Baby and Toddler Sleep Consulting
- c) Dummies & Playdates® Sweet Dreams Parties-Sleep Overs
All Content is solely owned by Diane Carter Pty Ltd
All content is intended for personal and private use only. Content cannot be reproduced without written permission from the owner Diane Carter.
All information is owned by the Agency and the Sleep Consultant at all times excluding any information provided by the Agency and or the Sleep Consultant from external Third Parties.
Before you can use any Content from the above Agency, Services or business you must first obtain and request written permission from the Agency or Diane Carter by putting this request in writing to the Agency or the Sleep Consultant and or the Company Diane Carter Pty Ltd to use any Content other than for personal and private use for which the Content was and is intended for.
Such use without obtaining written consent from Diane Carter or the Agency or Business’s upon such terms and conditions as at the Agency and or Diane Carter’s sole discretion that has been specified, will be constituted as a breach of this agreement and contract and the Client and or Family will be liable to pay damages to the Agency, the Sleep Consultant and or the Company Diane Carter Pty Ltd.
The Sleep Consultant will provide the Client and or the Family with a tax invoice for the Consultation Fees.
Compliance with the Sleep Consultant Policies
If the Client and or Family fails to comply with any of the Sleep Consultant Polices included or referred to in this agreement and or the Client and or Family’s Sleep Package and or Sleep Plan or adopted by the Sleep Consultant from time to time and notified in writing to the Client and or Family then the Sleep Consultant may terminate this agreement immediately by notice in writing to the Client and or Family.
The Client and or Family warrants to the Sleep Consultant that it has not relied on any warranty or representation made by the Sleep Consultant except for those explicitly set out in this agreement and has read and understood the terms of the agreement and is able to pay its debts to the Sleep Consultant as and when they fall due.
Limitation of Liability
The Client and or Family indemnifies the Agency and or the Sleep Consultant against any Claim relating to the proper performance by the Agency and or the Sleep Consultant of its obligations under this agreement or resulting from the fraudulent, negligent or unlawful behavior of the Client and or Family or a breach of this Agreement by the Client and or Family.
The Agency and or the Sleep Consultant accepts no responsibility or liability for any loss or damage to persons or property due to the actions and activities of the Sleep Consultant, except to the extent that any such loss or damage arose as a direct result of a negligent act or omission of the Sleep Consultant and or the Agency.
The Client and or Family agree that the Sleep Consultant’s liability for any claim, loss or damage under stature, common law or otherwise, including but not limited to negligence, caused by any act or omission by the Sleep Consultant, is limited to the refund of any amounts paid the Client and or Family to the Sleep Consultant pursuant to this Agreement, to the extent permitted by law.
The Client and or Family agree that the Sleep Consultant and or the Agency is not liable for loss of revenue or profits, consequential, economic losses or losses of any other kind arising directly or indirectly from or in consequence of the provision of the Content by the Sleep Consultant to the Client and or Family.
The Client and or Family agree that to the extent permitted by law, all warranties, guarantees or representations, express or implied, by statute common law, or otherwise, including but not limited to the suitability or effectiveness of the Content provide to the Client and or Family and their child/ren or dependent, are entirely exclude.
Reliance of the Content provided by the Sleep Consultant is solely at the Client and or Family’s own risk.
Any reference by the Agency and or the Sleep Consultant in any Content to any Third Parties, Products, Services, Processes and or other Information either by Trade Mark, Trade Name, Manufacturer, Supplier and or otherwise does not constitute or imply endorsement, sponsorship, association, suitability or recommendation.
The Client and or Family must make their own assessment as to the suitability of any such references.
The Client and or Family indemnifies the Agency and or the Sleep Consultant against any Claim brought against the Agency and or the Sleep Consultant in relation to the provision of the Sleep Consulting Services, except to the extent that any such Claim arises as a result of an act or omission of the Sleep Consultant or the Agency.
The rights in this clause survive the expiration or termination of this Agreement
Consultation Payments & Cancellation for Sleep Settling Consultant
In consideration for the Sleep Consultant providing the Consulting Services, the Client and or Family must pay 50% of the Consultation Fee as set out in the Sleep Consultant’s Fee Schedule to the Sleep Consultant by Direct Deposit, PayPal, Card Credit at the time of Confirmation of the Consultation by the Client and or Family on accepting the quote from the Sleep Consultant before the initial consultation by the Sleep Consultant, then the remaining outstanding amount is to be paid in full by the Client and or the Family before the next consultation by the Sleep Consultant is booked or within 5 business days of the first initial consultation by the Sleep Consultant whichever comes first.
If the outstanding amount is not paid within the required time as set out in the invoice, then no other consultation service will be booked until payment is made.
Dummies and Playdates® Baby and Toddler Sleep Consulting
Includes a free 15-minute consultation where the Sleep Consultant will discuss with the Client and or Family’s their sleep concerns.
If the Client and or Family are happy to proceed and have paid the 50% deposit booking fee as set out in their chosen Sleep Plan Package and invoice, the Sleep Consultant will then set up a 90-minute in-home consultation or via Skype or phone this will depend on the package the Client and or Family have chosen.
Where both the Client and or Family and the Sleep Consultant will go over their sleep concerns in more depth and fill in their Intake form, the Sleep Consultant will then discuss which sleep option/method and package would suit the Client and or Family the best.
The Sleep Consultant will also explain how to implement the sleep method the Client and or Family are happy to use, once the initial consultation is over and the Client and or Family have paid any remaining outstanding monies.
The Sleep Consultation will book in another consultation this again will depend on the Sleep Package the Client and or Family have chosen.
At the next consultation the Sleep Settling Consultant will issue the Client and or Family their personalized sleep plan and will discuss any concerns the Client and or Family may have and will help the Client and or Family implement the plan.
Once the Client and or Family have started their plan, the Sleep Consultant will call within 24 hours to follow up and to make sure the Client and or Family are on the right track and to iron out any problems they may have within the first 24 hours.
Depending on the Sleep Plan Package the Client and or Family have chosen will form what type of follow up support is needed.
This can be found at Dummies and Playdates® Nanny and Babysitting Agency’s website under Baby and Toddlers Sleep Consulting Sleep Packages
If any additional services are provided by the Sleep Consultant full payment is required within 2 business days of the date of the original invoice.
- If the Client and or Family cancel an initial Consultant time that has been booked, but before the initial Consultant has occurred, the Client and or Family may claim a refund of 50% of monies paid by the Client and of Family to the Sleep Consultant minus a cancellation fee of $80. A cancellation fee is charged for the preparation of the Intake Form by the Sleep Consultant.
- After the initial Consultant has occurred and the Client and or Family have engaged the Sleep Consultant to provide a Written Sleep Plan and Follow Up Support as per the Sleep Package that was purchased by the Client and or Family from the Sleep Consultant and the program has not yet commenced and No Follow Up Support has yet occurred, the Client and or Family may claim a refund of 10% of monies already paid by the Client and or Family to the Sleep Consultant for the Follow Up Support not provided.
- During the implementation of the Sleep Plan Package and Follow Up Support, NO REFUND is applicable if the Client and or Family cancel during the 14 calendar days and any outstanding monies will need to be paid immediate otherwise a 10% overdue amount may be added if any outstanding monies are not paid within the given time.
The Client and or Family agree that any cancellation fees set out in this Agreement by the Sleep Consultant represent a genuine pre-estimate of loss & damage arising by reason of the Client and or Family’s cancellation.
The Sleep Consultant is entitled to terminate any services to the Client and or Family verbally or written notice at any time.
After any termination by the Sleep Consultant any claim for a refund will be assessed and monies refunded if the Client and or Family are deemed to be entitled to one.
If the Client and or Family have not issued the Sleep Consultant with bank details for any refund owing to the Client and or Family within 5 business days after a refund is assessed and agreed upon by all parties on notification to cancel, the Client and or Family agree to forfeit their claim to any refund owed to them by the Sleep Consultant.
Any money still outstanding and owing to the Sleep Consultant by the Client and or Family will be charged an overdue amount at 10% for the first month then at 1% per month thereafter calculated daily from the due date until payment is received.
If any monies payable to the Sleep Consultant by the Client and or Family are overdue, the Sleep Consultant has the right to suspend or cancel services in their entirety at the sole discretion of the Sleep Consultant.
If the Client and or Family make any default in their payment of any monies due to the Sleep Consultant, the Sleep Consultant may seek legal action and advise to recover any monies owed to the Sleep Consultant by means of a debt collection agency, lawyer and or solicitor the Sleep Consultant has engaged and the Client and or Family will agree to pay all reasonable legal and or debt collections fees, expenses, disbursements and court costs on an indemnity basis.
The Client and or Family and the Sleep Consultant acknowledge and agree that the Client and or Family’s Sleep Intake Questionnaire Form, Sleep Plan and Registration Form completed by the Client and or Family is incorporated as part of this agreement.
This agreement is the entire agreement of all parties and contains all of the representations, warranties, covenants and agreements of all parties on the subject matter in relation to the supply of the Content by the Sleep Consultant to the Client and or Family.
Any oral statement, representation, undertaking, covenant or agreement made prior to the date of this Agreement and not contained in the Agreement is void.
Relationship of all Parties
No terms of this agreement or any aspect of the operation of this agreement are to be construed so as to create any of the following relationship (Proscribed Relationship) between all the Parties: (the Client and or Family and the Agency and or the Sleep Consultant)
Trustee and beneficiary
Principal and or agency or
Employer and employee
Each party must ensure that they do not conduct themselves so as to hold out, or otherwise represent, that:
A Proscribed Relationship exists between them: or
That they have the authority to represent or otherwise bind the other party.
Not Medical Advice
The Sleep Consultant does not provide Medical Advice to the Client and or Family and all Content provided by the Sleep Consultant is for information purposes only and in not intended to take the place of a Medical Professional, the Content and Sleep Plan is only intended for use with common childhood sleep behavior concerns/issues that are wholly unrelated to medical conditions.
For all medical conditions and or advice you must consultant a Qualified Medical Professional, before seeking the services of a Sleep Consultant.
The Client and or Family agree that their will seek professional medical advice from either a general practitioner, pediatrician or any other qualified health practitioner regarding any matters that may require medical attention or diagnose, prior to implementing any content or sleep method provided to you the Client and or Family by the Sleep Consultants.
At all times the Client and or Family must determine the need & timeline for any medical advice for the Client and or Family’s Child/ren.
The services the Sleep Consultant provides are not intended to replace or supplement the medical advice by your physician or baby’s pediatrician or any other medical practitioner.
You the Client and or Family agree that none of the advice that the Sleep Settling Consultant provides shall be considered medical advice nor should the advice be relied upon by you the Client and or Family as medical advice.
Therefore, you should consult with your physician or pediatrician to rule out any potential underlying medical conditions before embarking on a new sleep program.
If a medical problem appears or persists, do not disregard or delay seeking medical advice from your physician or pediatrician. Accordingly, the Sleep Consultant expressly disclaims any liability, loss, damage, or injury caused by information provided to the Client and or the Family by the Sleep Consultant.
Any Content and or Sleep Plan Package purchased through the website must be paid in full prior to downloading via payment through the PayPal Button on the website.
Once Content is downloaded no refunds will be issued.
The non-exercise of or delay in exercising any power or right of a party does not operate as a waiver of that power or right, nor does any single exercise of a power or right preclude any other or further exercise of it or the exercise of any other power or right.
A power or right may only be waived in writing, signed by all Parties to be bound by the waiver.
Each party must sign, execute and deliver all deeds, documents, instruments and act reasonable and effectively to carry out and give full effect to this agreement and the rights and obligations of all Parties under it.
This agreement may only be amended, or supplements in writing signed by all Parties.
Modification and Amendments
The Sleep Settling Consultant reserves the right to amend at any time any policies governing this Website, including this Notice by posting any and all amended terms on the Website and providing notice of such amendments.
The amend terms shall be effective immediately after they are initially posted on the Website.
Use of the Website by the You the Client and or the Family is deemed to be acceptance of these Terms and Conditions as amended from time to time.
Any provision of this agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purposed of the jurisdiction, if possible, so as to be valid or enforceable, and is otherwise capable of being severed to the extent of the invalidity or enforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.
Governing Law and Jurisdiction
The service provide under this agreement shall in all respects be governed and construed in accordance with the law in force in the State of New South Wales, Australia governs this agreement.
The Parties irrevocable and unconditionally submit to the exclusive jurisdiction of the Courts of New South Wales Australia and Courts appeal from them.
Each party waives any right it has to object to any action been brought in those courts.