Terms and conditions

 1. GENERAL AND PRELIMINARY MATTERS 

  1.  Definitions and Interpretation 
    Defined terms and rules of interpretation applying to these terms of trade are set out at the end of these terms of trade. 

  2.  Precedence of these terms 
    These terms of trade apply to all transactions between the Customer and Us relating to the provision of Services and take precedence over terms of trade contained in any document of, or correspondence with, the Customer or elsewhere. 

  3. Variations 
    The variation or waiver of a provision of these terms or a party's consent to a departure from is ineffective unless explicitly agreed by Us in writing. 

  4.  Scope of Services 
    In the provision of the Services, we will provide a safe, supportive and age-appropriate environment for children to engage in play therapy. However, it is important for the client to note that play therapy is not a substitute for medical, psychiatric or psychological treatment and the client acknowledges and agrees to consult with a qualified medical professional if they have concerns about their child’s health or wellbeing. 

  5.  Parent/Guardian Involvement 

    1. We recognise the important role that parents/guardians play in a child’s development, and We will endeavour to work with them to support the Child’s progress. 

    2.  Parent/guardian involvement may include: regular check ins, feedback sessions and parental guidance. 

2. APPOINTMENTS 

 1. Booking an Appointment 

  1. A client may request an Appointment: 

    1. By completing an online referral form and filling in all necessary info 

    2. by phone call; or 

    3. by sending Us an email. 
      Please note that no sessions can occur until referral and parent consultation occurs first.  
      You will find Our contact details at our Website under the “Contact” tab. 

    2. A request for an Appointment must include the following information: 

    1.  the desired date, time and length of the Appointment required; 
      2.the clients full name and contact details (including a mobile telephone number); 
      3. the Child’s full name and age; 
      4.your payment details and your authority for Us to directly debit your account. 

      3. An Appointment will only be deemed to be confirmed when: 

      1.  We send the client an email or text message confirming the Appointment; and 

        2. We will also send a reminder text message to the client 48 hours prior, to which the client must promptly respond with a “Yes” or “No” confirming the Appointment is to proceed, or not. 

    4. We may, in our discretion, refuse to confirm any request for an Appointment, or to cancel a confirmed Appointment, where: 

    1.  We are unable to provide the Services requested for the Appointment (whether due to Our unavailability, the needs of the Child or for any other fair reason); or 

      2.  payment for Services previously provided to the client is outstanding. 

      2.  Cancellation Policy 

    1. If a client wishes to cancel or re-schedule a confirmed Appointment (Cancellation), the client must notify us immediately, we may charge a cancellation fee in accordance with the following:  

      2. for NDIS clients, The participant or their representative is required to give 2 days’ notice for the cancellation of appointments if the participant is unwell or any other circumstance. (as per NDIS Pricing Arrangements and Price Limits). If this is not possible Creative connections will charge 100% of the agreed hourly rate.  

Outside of the 2 days notice, 50% of the fee will be charged. 

Creative connections will work collaboratively with the participant and/or their representative to develop strategies to avoid this occurring. If the client is unable to attend, the agreed parties can negotiate another task to be completed in lieu of therapy. Cancellation can occur via email, phone or text.  

3. For private clients- full fee will be charged if notice is not given within 24hours of session.  

Cancellation fees will be charged to the client as an Additional Charge (see also, clause 3.2).   

3. INVOICING AND PAYMENT 

  1. Payment Terms 

  1.  Subject to paragraph (b) below, payment of our fees must be made in full at the end of session. The client may also request, subject to Our approval, advance and recurring payment arrangements). NDIS participants will have their invoices emailed directly to their plan manager for payment. 

  2. We may in our absolute discretion, issue an invoice to the client for payment after the provision of Services, in which case the following will strictly apply: 

    1. (Late Payment) If any invoice is due but unpaid: 

      1.We may withhold the provision of any further Services until overdue amounts are paid in full; 

    2. The client is to pay Us on demand interest at the rate of 10% per month on all overdue amounts owed by the client to Us, calculated daily; 

    3. We may in our complete discretion apply any payment received from the client to any amount owing by the client to Us; 

    4. All costs and expenses associated with collecting overdue amounts, including legal fees and internal costs and expenses, are to  

      2. Additional Charges 

  1.  We may require the client to pay Additional Charges in respect of costs incurred by Us in connection with these terms of trade or the provision of the Services. 

  2.  The imposition of Additional Charges may also occur as a result of (including but not limited to): 

    1.  Cancellation, whereby a cancellation fee may be charged pursuant to clause 2.2; 

    2. subject to Our cancellation policy, a client and/or Child being unable to attend an Appointment (or consecutive Appointments) [for example: because of family holidays] but wish to ‘hold’ Appointment times for the future, in which case we may charge the Customer a ‘holding fee’ for each Appointment unattended up to 20%. 

    3. the preparation of a report on the Child at the request of NDIS, school or other support letters required; 

    4. the preparation and completion of developmental assessments of the Child at the clients request; 

    5.  costs incurred for Us to attend meetings with the Child, in a support capacity, at the request of the Child’s medical practitioner or therapist (including costs for Our time and out of pocket expenses); 

    6. additional costs, expenses or disbursements incurred by Us as a direct consequence of providing the Services; or 

    7. additional services required of Us by the Customer; or 

    8.  any other occurrence which causes Us to incur costs in respect of the provision of the Services to the Customer and/or the Child. 

    3. Invoices 
    The amount payable by the client will be the amount set out in Our invoice. This will be calculated as: 

    3. the amount for the Services as set out in our Fees; plus 

    4. the Additional Charges (if any); plus 

    5.  GST (see clause 3.5). 

4.  No Withholding or Offset 
The client is not entitled to retain any money owing to Us notwithstanding any default or alleged default by Us of these terms of trade, including the supply of, allegedly, Services to an inadequate standard. Nothing in this paragraph affects the clients rights for any alleged failure of a guarantee under the Australian Consumer Law. 

5. GST 
The client and We agree to comply with their obligations in relation to Goods and Services Tax (GST) under the A New Tax System (Goods and Services Tax) Act 1999 and any other applicable legislation governing GST. 

4.  IP RIGHTS AND CONFIDENTIALITY 

  1.  Intellectual Property Rights 

    1.  Unless specifically agreed in writing between Us and the Client, all Intellectual Property Rights in any works created by Us on behalf of the client vest in Us and remains Our property. 

    2. Subject to payment of all invoices due in respect of the Services, We grant to the client a perpetual, non-exclusive licence to use the works created or produced by Us in connection with the provision of Services under these terms of trade for the purpose only for which they were produced. 

    2. Confidentiality  
    We will maintain strict confidentiality regarding all client information including the personal and medical information of the client and the Child unless you or your child are at risk of harm to yourselves or others. In these circumstances we would be required as Mandatory Reporters to make a report to the relevant agency and the Child’s case notes and will adhere to all relevant privacy laws. If you require us to liaise with organisations or agencies, we need written consent to comply. 

    5. DEFAULT BY CUSTOMER 

    1.  Events of Default 
      An event of default will arise if the client breaches or is alleged to have breached these terms of trade for any reason (including, but not limited to, defaulting on any payment due under these terms of trade) and fails to remedy that breach within 14 days of being given notice by Us to do so; 

      2.  Our Rights following an Event of Default 
      Where an event of default occurs, except where payment in full has been received by Us, We may: 

    3. refuse to provide further Services; 

    4. retain (where applicable) all money paid by the client on account of Services or otherwise, and all invoices issued to the Customer by Us will become immediately due and payable. 

    6 .TERMINATION 

  1.  We may terminate these terms of trade and refuse to provide further Services if We determine, in Our absolute discretion, that the Services are not appropriate for the Child. 

  2. In addition to the express rights of termination provided in these terms of trade, the client or Us may terminate these terms of trade by giving 7 days written notice to the other party. NDIS participants are required to give 14 days notice. 

    7. EXCLUSIONS, LIMITATIONS AND INDEMITIES 

  1.  General Acknowledgements and Exclusions of Liability 

    1. Subject to paragraph (b) below, We will take all reasonable steps to ensure the safety of children and their property while on Our premises, however we will not be liability for any Loss that occurs as a result of the Child’s actions or negligence. 

    2. We give no warranty in relation to the Services provided or supplied. Under no circumstances are We liable or responsible in any way to the client or any other person for any loss, damages, costs, expenses or other claims (including consequential damages and loss) as a result, direct or indirect of any defect, deficiency or delay in the Services. 

      2. Provision of Information, advice and assistance 
      Any advice, recommendation, information, assistance or service given by Us in relation to the Services is given in good faith and is believed to be accurate, appropriate and reliable at the time it is given. It is provided without any warranty or accuracy, appropriateness or reliability. We do not accept any liability or responsibility for any Loss suffered as a result of the Customer's reliance on such advice, recommendation, information, assistance or service. 

3.  Australian Consumer Law Guarantees 
The Australian Consumer Law may give to the client certain guarantees. Where liability for breach of any such guarantee can be limited, Our liability (if any) arising from any breach of those guarantees is limited with respect to the supply of Goods, to the supply of Services again or cost of re-supplying the Services again. 

4.  Customer to Indemnify Us 

  1. The client indemnifies and keeps indemnified Us and our servants and agents in respect of any claim or demand made or action commenced by any person (including, but not limited to, the client) against Us or, for which We are liable, in connection with any Loss arising from or incidental to the provision of Services, or the subject matter of these terms of trade. 

  2. This indemnity includes, but is not limited to, any legal costs incurred by Us in relation to meeting any claim or demand or any party/party legal casts for which We are liable in connection with any such claim or demand. 

    5. No Merger 
    This clause 7 remains in force after the termination of these terms of trade. 

    8. FORCE MAJEURE 

    1. If circumstances beyond Our control prevent or hinder Our provision of the Services, We are free from any obligation to provide the Services while those circumstances continue. We may elect to cancel any Appointment or keep any Appointment on foot until such circumstances have ceased. 

    2. Circumstances beyond Our control include, but are not limited to, strikes, lockouts, riots, natural disasters, severe weather conditions, fire, war, Government decrees, proclamations or orders, epidemics, pandemics, endemics and breakouts of disease and failures or malfunctions of computers or other information technology systems. 

    9. MISCELLANEOUS 

  1. Jurisdiction 
    These terms of trade are governed by the laws of the state of Tasmania and each party irrevocably submits to the non-exclusive jurisdiction of the courts thereof. 

  2. No Warranty 
    In entering into these terms of trade, the client has not relied on any warranty, representation or statement, whether oral or written, made by Us relating to or in connection with the subject matter of these terms of trade. 

  3. Voided Provisions 
    If any provision of these terms of trade at any time is or becomes void, voidable or unenforceable, the remaining provisions will continue to have full force and effect. 

  4. No Waiver for Delay 
    A party's failure or delay to exercise a power or right does not operate as a waiver of that power or right. 

  5. Notices 

    1. A notice or other communication required or permitted to be given by one party to another must be in writing to the addresses (including email addresses): 

      1. of the client, as provided to Us by the client; and 

      2.  of Us, as set out on Our Website or as otherwise provided to the client by Us in writing. 

        2.  A notice is regarded as being received at the time and on the day it is actually received, but if it is received on a day that is not a Business Day or after 5:00pm on a Business Day it is regarded as received at9:00am on the following Business Day. 

      3.  Notices sent by email: 

        1. must state the first and last name of the sender, and 

          2. are taken to be singed by the named sender.

    4. A party may only change its postal or email address or fax number for service by giving notice of that change in writing to the other party.

     

  6. Definitions 
    Appointment means an appointment arranged between Us and the Customer in accordance with clause 2 for the provision of Services. 
    Additional Charge are those charges described in clause 3.2. 
    Business Day means a day that is not a Saturday, Sunday or public holiday in ulverstone, Tasmania. 
    Client means the person identified in the booking an Appointment and the attending person for intervention. 
    Intellectual Property Rights means intellectual property rights and moral rights at any time protected by statute or common law, including child play programs, therapy plans, developmental assessments and reports and Our Child case notes. 
    Loss includes, but is not limited to, costs (including party to party legal costs and Our legal costs), expenses, lost profits, award of damages, personal injury and property damage. 
    Services means the services to be provided by Us to the Customer in accordance with these terms of trade (see Our Website for details). 
    Website means Our website at www.creative-connections.com.au 
    We, Us, Our means Creative connections- play therapy and consultation ABN38422885843 

  7. Interpretation 
    In these terms of trade, unless the context otherwise requires: 

    5. a reference to writing includes email and other communication established through Our Website; 

    6. the singular includes the plural and vice versa; 

    7. headings are for ease of reference only and do not affect the meaning or interpretation of these terms of trade; and 

  8. if the date on which any act, matter or thing is to be done falls on a day which is not a Business Day it must be done on the next Business Day. 

Any questions regarding this document, please contact business owner directly.