Terms of service

 

Professional Services Agreement

Professional Services Agreement

This Professional Services Agreement ("Agreement") is entered into by and between the Client ("You") and Premium Beauty ABN 24847220945, trading as Premium Lashes ("Premium Lashes").

Background: Premium Lashes provides professional training courses in beauty treatments. You have expressed interest in these training courses and this Agreement outlines the terms under which Premium Lashes will provide the training.

1. Parties' Obligations

1.1 Premium Lashes's Obligations:

  • Deliver the Training Courses competently, with due care, skill, and diligence.

  • Provide each Client with one set of Training Materials.

1.2 Client’s Obligations:

  • Attend the Training Courses as scheduled.

  • Pay all applicable fees in accordance with the payment terms outlined in Section 3.

  • Adhere to the confidentiality and intellectual property terms as outlined in Sections 10 and 6, respectively.

  • Comply with the non-competition and non-disparagement obligations.

Prohibited Activities for Clients:

  • Do not copy, alter, or distribute any Training Materials.

  • Do not record any part of the Training Courses without prior permission.

  • Training others with the skills learned from LashJoy Academy without consent is prohibited.

2. Enrolment

  • Enrolment requires completion of the Enrolment Form and agreement to these terms.

  • LashJoy Academy may refuse enrolment based on lack of required skills or experience.

3. Payment Terms

3.1 Fees:

  • The fee structure for each Training Course will be provided at enrolment. This includes any deposits and the full payment amounts required.

  • Deposits are non-refundable except as noted in the cancellation and refund provisions (Section 4).

3.2 Promotions:

  • Occasionally, Premium Lashes may offer promotional discounts or incentives, which are subject to terms available at the time of the promotion.

3.3 Payment Methods:

  • Payments must be made in Immediately Available Funds or via approved payment plans.

  • Full payment details and schedules are provided upon enrolment.

4. Cancellations and Refunds

4.1 Premium Lashes Cancellations:

  • Premium Lashes may cancel courses due to unforeseeable circumstances or staff illness. Alternative dates will be offered but not refunds.

  • If Premium Lashes cancels and does not reschedule, full refunds including deposits will be issued.

4.2 Client Cancellation and Rescheduling:

  • Once enrolled and outside the 7-day cooling-off period, no cancellations or refunds are allowed.

  • Clients may reschedule their course once without penalty, provided at least 30 days' notice is given.

  • Alternatively, clients may transfer their enrolment to another individual who meets the course criteria, with sufficient notice.

4.3 Cooling-Off Period:

  • Clients have a 7 calendar day cooling-off period from the date of enrolment to cancel and receive a full refund.

4.4 Online Courses:

  • Cancellations or refunds for online courses will not be available once access to the course materials has been granted.

5. Certification Upon successful completion of all course requirements, Premium Lashes will issue a Certificate to the Client.

6. Intellectual Property Rights

  • Premium Lashes retains ownership of all Training Materials and intellectual property.

  • A limited, non-transferable license is granted to Clients for the purpose of completing the course.

  • Actions against infringement and misuse of intellectual property are outlined, including potential legal recourse.

7. Non-Competition

  • During and for three years after the last day of training, Clients must not engage in or start a similar business within a 10 km radius of Premium Lashes’s location in Victoria, Australia.

  • Clients are also prohibited from soliciting or hiring Premium Lashes’s staff or clients during this period.

8. Non-Disparagement Clients agree not to make disparaging comments about LashJoy Academy, its staff, or services, which could harm the business’s reputation.

9. Dispute Resolution

  • In the event of a dispute, parties will first seek resolution through mediation or arbitration, as detailed in the Dispute Resolution Procedures.

10. Confidentiality Clients must not disclose or misuse any confidential information during or after the completion of the Training Courses.

11. Data Protection

  • Premium Lashes complies with applicable data protection laws and will process personal data as outlined in the Data Protection and Privacy Clause.

12. Limitation of Liability Premium Lashes’s liability for claims related to this Agreement is limited to the tuition fees paid by the Client. Liability for indirect, incidental, consequential, or special damages is explicitly excluded.

13. Governing Law This Agreement is governed by and construed in accordance with the laws of Victoria, Australia.

14. Miscellaneous

  • This document constitutes the entire agreement between the parties.

  • Any changes to this Agreement must be made in writing and signed by both parties.