We outline below the terms and conditions on which Black Isle takes bookings and makes arrangements to provide training, consultancy and coaching services to our clients.

Black Isle (“we ” or “us ”) is a registered trading name, of Option C  Pty Ltd. Registered in Australia (ABN 86 080 231 429 ).

Black Isle provides specialist consulting services and conducts skills development programs, workshops and other skills training events. These terms of business apply to all such consulting services (“Services”) and training events (“Programs”) we provide for you, unless we have jointly agreed in writing to vary them:

OUR OBLIGATION

We promise to provide you with services agreed either orally, or set out within a formal letter of agreement, in line with any specified instructions agreed with you prior to the commencement of that service. We will carry out our work with the utmost discretion, attention to detail, adherence to your stated objectives and an absolute commitment to developing the skills of your people. We are happy to commit to a confidentiality agreement if you wish, prior to the commencement of any work.

HOSTING AND EQUIPMENT

Unless otherwise agreed, our services will be provided at your offices, our offices or a location of your preference, and at no cost to ourselves. You agree to cover venue and subsistence costs during the provision of our services, which will normally include a large boardroom or other facility agreed by us to be suitable, and normally a TV and VCR, a flip- chart/whiteboard, a projection system or flatscreen TV.

PAYMENT

We will invoice you for the entire sequence of work we agree to carry out for any particular individual or group on the first day that work starts. Our payment terms are strictly 14 days, and we reserve our right to apply a flat rate 1% interest charge per day to any account overdue by more than 30 days. We also reserve the right to charge you the cost of a third party recovering any account that is more than 60 days overdue for payment. We charge GST on all services provided within Australia.

EXPENSES

We will charge you reasonable expenses for any service provided outside of the consultant’s city of domicile.

• Up to 10 00 kms  from city of domicile: Economy rail/flight, transfers, accommodation charges and a flat rate subsistence charge of $150 per overnight stay.
• Over 1000 kms  from city of domicile: Business Class flight, transfers, accommodation charges and a flat rate subsistence charge of $200 per overnight stay.

CANCELLATION/POSTPONEMENT

Due to the nature of our business, it is difficult to replace cancelled or postponed work at short notice. Accordingly, if you wish to postpone or cancel the work we are due to provide, we reserve the right to be paid in full unless you give a minimum of 5 working days notice for any group work agreed, or a minimum of 3 days notice for any one-on-one coaching session. Should the designated coach/trainer be unavailable for any reason, the date booked will stand and we reserve the right to bring in an alternative coach, suitably qualified and experienced, to take their place.

PRIVACY

Our Privacy Policy is available at www.blackisle.com.au  and forms part of any Program or Services contract.

PUBLICITY

We will not disclose any detailed information about our work with you including the names of anyone we have worked with, without your express permission. Unless you expressly tell us otherwise you agree that we may disclose to third parties that you are or have been our client and may add your logo to our website to indicate this.

CONFIDENTIAL INFORMATION

We will not disclose, or permit to be disclosed, or use to our own advantage any confidential information concerning your business. We acknowledge that all written and oral information furnished to us by you and your officers, employees, advisers or agents in connection with the assignment is valuable and confidential and that we may not use the information except to enable us to provide services to you.

Our confidentiality obligations do not apply to any information which:

(a) We are required by law to disclose; or

(b) is in, or enters, the public domain lawfully; or

(c) is or becomes lawfully available to us from a third party; or is

(d) otherwise rightfully known by us prior to the date of disclosure.

The fact that a commercial consulting or training relationship exists between us shall not be regarded as confidential information. Any public disclosure beyond that fact will require the explicit approval of both parties. If a separate confidentiality agreement is executed between us, the terms of that confidentiality agreement will take precedence over this clause.

LIABILITY

We shall not be liable for any matter whatsoever that is beyond our control, and shall not in any circumstances be responsible for any sequential or indirect loss, misfortune or implied loss or misfortune that may be incurred by our client or guests, associates and agents, or any third party either during or after our services are provided.

INTELLECTUAL PROPERTY

Our intellectual property (“IP”) is our livelihood. We continually innovate and invest into creating the most effective tools, experiences and learning resources. We also licence IP from third parties to enable us to deliver the best possible Program for you. Paying us to develop content and Programs for you does not give you rights to use our IP for any purpose other than what we jointly agree to us it for. Program participants should use their course materials for personal use and reference, but we explicitly reserve all other rights, including all copyright. All other Program materials, including presentations, videos, film clips, sound recordings, case briefs, charts, etc. remain our exclusive property and we do not grant any licence for their use to clients or individual Program participants.

You may not reproduce or distribute our cases, course materials, training methods or other intellectual property, or develop or run your own staff training using our resources or derivatives of our resources.

FORCE MAJEURE

We shall be responsible or liable to you for the failure or delay in the performance of this Agreement directly resulting from any circumstances that are not the fault of or beyond our reasonable control, including forces of nature, strikes, lock-outs, labour troubles, inability to procure materials, power supply failure or other reasons of a like nature, which are unavoidable.

JURISDICTION

This agreement shall be governed by and construed in accordance with the laws of the state of New

South Wales, Australia