COACHING SERVICES AGREEMENT

 

1. This Agreement (Agreement) is entered into on the date of acceptance and purchase, between Netmagic Holdings Pty Ltd, trading under the brand name Sunita ("We", "Us", 

"Our", or "Sunita"), and you, the client ("Client"). collectively referred to as the Parties.

 

1. By purchasing any coaching services from Sunita, including “Mindset Coaching”, you agree to the following terms of service. 

 

1. Mindset Coaching refers to personal development services designed to help individuals shift limiting beliefs and thought patterns using techniques such as Neurolinguistic Programming (NLP), Hypnosis, and Subconscious Reprogramming.

 

1. Please read this Agreement carefully before proceeding with your purchase. You must tick the box confirming that you have read and accepted this Agreement to complete your transaction. 

 

 

• BACKGROUND

 

1. Sunita is engaged in the business of providing coaching services.
2. The Client desires to retain Sunita to provide such services.

 

 

• Services 

 

1. Sunita agrees to provide coaching services to the Client, which may include, but are not limited to, the following areas of focus (Mindset Coaching, Mediumship Reading and Numerology Soul Path Blueprint Reading) collectively referred to as (Services). 
2. Sunita shall provide the Services using appropriate tools, techniques, and methods at their discretion, and within the limits of their professional competence.

 

 

• Term and termination

 

1. This Agreement shall commence from the date of this Agreement is purchased online and will continue until terminated by the either of the Parties.
2. Either Party may terminate this Agreement at any time upon fourteen (14) days’ written notice to the other Party. In the event of termination, the Client shall be responsible for payment of any outstanding fees for Services provided up to the date of termination. 
3. No refunds will be issued for services already delivered.

 

 

• Session structure

 

The life coaching sessions (Sessions) shall be conducted in accordance with the following structure:

 

 

• Frequency

 

The Sessions shall occur fortnightly, or as instructed by Sunita or as agreed between the Parties.

 

 

• Duration

 

Each Session shall last for approximately 1 hour, or as agreed between the Parties. 

 

 

• Location

 

The Sessions shall take place online, or as agreed between the Parties.

 

 

• Fees and payment terms

 

1. Fees refer to the amount the Client must pay Sunita for the Services. 
2. The Client must pay Sunita the Fees as outlined through our website www.sunita.com.au or as invoiced by Sunita. 
3. Payment can be made at checkout and must be paid in full before the commencement of the Service. 
4. The Fee is exclusive of any additional charges or expenses, such as travel costs, which shall be separately invoiced and payable by the Client.
5. Payment shall be made by the Client to Sunita before the commencement of the Service.
6. Late payments may incur a weekly charge based on the Consumer Price Index (CPI).

 

 

•  Client Responsibilities

• Participation

 

The Client agrees to engage fully in the coaching process, including attending sessions and completing tasks as recommended by Sunita.

 

• Commitment

 

The Client acknowledges that progress is dependent on their own level of commitment and application of the strategies provided.

 

 

• Confidentiality

• One on one coaching Service

 

Both Parties agree to keep all information shared between them during the course of the coaching relationship strictly confidential, except as required by law or as otherwise agreed in writing. 

 

 

• Client Information

 

Sunita agrees to maintain the confidentiality of all information shared by the Client during coaching sessions, except where disclosure is required by law or as otherwise agreed in writing. 

 

 

• Group Coaching

 

For group coaching sessions, the Client agrees to respect the confidentiality of other participants and maintain privacy concerning shared information.

 

 

• Intellectual property

 

Sunita retains all ownership rights to any materials, tools, or techniques provided to the Client during the course of the coaching relationship. The Client is granted a non-exclusive, non- transferable license to use such materials solely for their personal benefit and in accordance with the terms of this Agreement.

 

 

• Disclaimer

 

1. Coaching is a comprehensive process that may include life, relationships, education, recreation, career, business or wellness coaching. Any tools, techniques, or approaches mentioned are offered as suggestions for the Client’s consideration. Coaching is not counselling, psychotherapy, or a substitute for professional mental health, medical, or financial advice.
2. If the Client is under the care of a mental health professional or taking medication associated with outside treatment, they agree to disclose this to Sunita in advance of the coaching sessions.

 

 

• Liability and indemnification

 

 

1. Sunita shall not be liable for any claims, damages, or losses arising out of or in connection with the Services provided under this Agreement, except to the extent such claims, damages, or losses are caused by Sunita's gross negligence or willful misconduct. The Client shall indemnify, defend, and hold harmless Sunita from any and all claims, damages, or losses arising out of the Client's actions or omissions in connection with this Agreement. 
2. Sunita does not guarantee specific outcomes, and the Client’s success depends on their own efforts and application of the coaching strategies.
3. The Client agrees to indemnify and hold harmless Netmagic Holdings Pty Ltd, trading under the brand name Sunita, from any claims, liabilities, or losses arising from the Client’s use of coaching services, including Mindset Coaching.

 

 

• Dispute resolution

 

 

1. If a dispute arises out of or relates to the terms of this Agreement, neither Party may commence any legal proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought). 
2. A Party to this Agreement claiming a dispute (Dispute) has arisen under the terms of this Agreement, must give written notice to the other Party detailing the nature of the Dispute, the desired outcome, and the action required to settle the Dispute (Dispute Notice).
3. On receipt of the Dispute Notice by the other Party, the Parties to this Agreement must within seven days of the Dispute Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree. 
4. If for any reason whatsoever, twenty-one (21) days after the date of the Dispute Notice, the Dispute has not been resolved the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by (for example 

Australian Mediation Association in Western Australia, or suitable mediation services nominated by the parties and attend a mediation. It is agreed that mediation will be held in Western Australia. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing, undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation.

1. All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the fullest extent possible, must be treated as "without prejudice" communications.

If thirty (30) days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation, and the mediator must do so.

In the event that the Dispute is not resolved at the conclusion of the mediation, either Party may institute legal proceedings concerning the subject matter of the Dispute thereafter.

 

• Cancellation and rescheduling policy

 

 

The Client must provide at least seven (7) days’ written notice to Sunita if they wish to cancel or reschedule a Session. In the event of a late cancellation or rescheduling, the Client may be subject to a cancellation fee of fifty (50%) percent of the full fees. 

 

 

• No guarantees or warranties

 

Sunita makes no guarantees or warranties, express or implied, as to the specific results or outcomes to be achieved through the Services. The Client acknowledges and agrees that they are solely responsible for their own progress and success.

 

 

• Relationship of the parties

 

The Parties are independent contracting parties, and nothing in this Agreement will make any Party the employee, partner, agent, legal representative, trustee, or joint ventures of the other for any purpose whatsoever, nor does it grant either Party any authority to assume or to create any obligation on behalf of or in the name of the other.

 

 

• Force majeure

 

 

1. For the purpose of this clause, “Force Majeure Event” means an event adversely impacting a Party’s ability to comply with any of its obligations under this Agreement which is beyond the Party’s reasonable control, such as fire, flood, natural or man-made disasters, civil commotion, industrial action, war (declared or undeclared), pandemic, and restrictions and prohibitions or any other actions by any government or quasi-government authorities.
2. If a Party is unable to perform an obligation under this Agreement because of a Force Majeure Event, then that Party:

1. must notify the other Party of this fact and to what extent their ability to perform their obligations under this Agreement is affected;
2. if they have issued a notice pursuant to subclause (a) above, is temporarily relieved from performing the obligations specified in their notice for the duration of the delay arising directly out of the Force Majeure Event; and
3. use their best endeavours to minimise the impact of any Force Majeure Event.

1. Neither Party is excused from any obligation to pay money because of a Force Majeure Event, despite any other provision of this Agreement.
2. If a delay by either Party arising directly out of a Force Majeure Event continues for more than 6 months, the other Party may, at its sole discretion, terminate this Agreement giving 1 month’s written notice to the other Party.

 

 

• Severability

 

If any provision of this Agreement is held to be void or unenforceable by any court of competent jurisdiction:

1. and if limiting such provision would make the provision valid, then such provision shall be construed as so limited, but otherwise the provision will be severed; and
2. the remainder of this Agreement shall continue in full force and effect.

 

• Entire agreement

 

This Agreement constitutes the entire agreement between Parties and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no

 

1. other promises, conditions, understandings, or other agreements, whether oral or written, relating to the subject matter of this Agreement.

 

1. Notices

All notices required or permitted under this Agreement shall be in writing and may be delivered by email. 

 

 

• Jurisdiction and Governing Law

 

This Agreement will be construed in accordance with and governed by the laws of Western Australia. Each Party submits to the exclusive jurisdiction of the courts operating in New South Wales in connection with matters concerning this Agreement.

 

 

• Counterparts

 

This Agreement may be executed in several counterparts, each of which shall constitute an original and all of which, when taken together, shall constitute one agreement.

 

 

• Amendment

 

This Agreement may be modified electronically by Sunita at any time, with notice provided to the Client. Any modifications will be effective immediately upon electronic communication. The Client’s continued use of Services after any changes constitutes acceptance of the revised terms, in accordance with the Acceptance Clause prescribed in this Agreement.

 

 

• Acceptance

 

By ticking the box, you confirm that you have read, understood, and agree to the terms of this Agreement before purchasing any services from Netmagic Holdings Pty Ltd, trading as Sunita, including Mindset Coaching.