Terms of Service – The Hygiene Diagnostic

By clicking “I agree” (or a similar button) that is presented to you in relation to this Agreement, or by using or accessing the Service, you indicate your assent to be bound by this Agreement. We may update this Agreement from time to time, and your continued use of the Service constitutes acceptance by you of any updates.

The Hygiene Diagnostic is owned and operated by The Peak Performance Consulting Group Pty Ltd (ACN 139 522 080) trading as Peak Hygiene Performance ABN 56 139 522 080 (Provider). This Agreement (Agreement) governs access to and use of the Service (as defined below) by you, the individual using the Services, and any legal entity on whose behalf you are acting (Client)

1. Timeframes

• The service starts upon first payment of the hygiene diagnostic
• Duration 8 weeks.
• If the diagnostic goes beyond 8 weeks (due to client delaying the process), then an additional fee as outlined in “outside scope of agreement” will be applied

2. Clients Obligations

• Submit completed worksheets no later than Week 5 from the commencement date, unless otherwise agreed.
• Ensure that their technology for calls is in working order at the time of any live calls.
• Have available a webcam, good internet speed, microphone and speakers.
• Peak Hygiene Performance will not provide technical support and if there is a delay due to the practice being late or technology not working, this will not be made up at a later time
• Be on time for calls
• Submit completed worksheets in the required format and not to scan send or change the document to PDF, nor handwrite responses.
• Give relevant team members the time to complete worksheets in an accurate manner.
• Submit and provide accurate information, using their best endeavors

3. Scope of Peak Hygiene Performance

• Provide templates and worksheets for the practice to complete. Access to these diagnostic templates and worksheets expire after 8 weeks.
• Have a 1:1 online meeting with the team between week 3-5 for (1 hour) current process mapping
• Complete a report with analysis and recommendations – allow 2 weeks post submission of materials
• Have a 1:1 online meeting with the practice owner (45 minutes) at approx. Week 6/7 to go over report findings.
• Have a 1:1 online team meeting to present report and findings to team (1 hour) – Week 6/7

4. Outside scope of this agreement

• Technical support in the event that client’s webcam, speaker, microphones etc is not working
• All materials come with robust instructions. Whilst we are happy to field clarification questions we ask that you watch/read instructions first
• Providing the service beyond 8 weeks
• Providing coaching or training or any project implementation
• Any work outside the scope of this agreement will be billed at $380 per hour + GST or quoted separately.

5. Scheduling and re-scheduling of Live Calls

• 48 hours notice is required or the call will be forfeited.
• So please make sure that you book a time that you know you will not be running late, as we will not be extending the time.

6. Proper use of username and password

You will be issued with a username and password to access resources, this is not to be shared with others. If a team member leaves your practice or you have suspicions that the integrity of access has been compromised, it is your responsibility to promptly change passwords and/or notify Peak Hygiene Performance

• 6.1.1. The Client (and Authorised Users) must not use false or misleading information and must update their details should they have changed from the last time they used the Service;
• 6.1.2. The Client (and Authorised Users) must follow any password policies made available by the Provider from time to time (and as are stated on the Service from time to time);
• 6.1.3. The Client (and Authorised Users) is responsible for the security of its username and password and the Provider will assume that anyone using the Client’s (and Authorised Users) Account is authorized to do so by the Client and the Client is responsible for their actions. Under no circumstances will unauthorized access and use of the Client’s (and Authorised Users) Account reduce the Client’s liability to the Provider; and
• 6.1.4. The Client must notify the Provider immediately if it becomes aware of any unauthorized use of its or an Authorised User Account or other security breaches.

7. No exclusivity or restraint

The “Provider” has the right to work with any other business or individual, in any modality and in any capacity, regardless of their geographic proximity to you. There is no exclusivity or restraint of service.

8. Scope of hours

All services are to be held within business hours 9am -5pm (Monday to Friday) EST.

9. Payment Terms and Conditions

After you accept these terms and conditions, if your circumstances change for any reason and in any way and you are unable to complete the service, there will be no refunds, partial or otherwise. We have expended considerable time and money to provide for you these materials you are agreeing to the full amount, regardless of how the financial arrangement is set.

You understand that individual components of the Service are not redeemable, transferable, or interchangeable if you are unable to attend or use them during the term of this agreement. They cannot be sold or given to another person. They are not redeemable for cash. At the end of the tenure any unused components of the Service expire and are not redeemable for cash or otherwise.

You agree that you are responsible for full payment of fees over the course of the Service, regardless of whether you actually attend or complete the Service.

If paying by way of installments, you agree to pay all payments on a timely basis. You also understand that if paying in installments this is not a monthly membership Service but a way to pay back the full amount of the Service over an agreed number of months. At the time of signing this agreement you are obligated to pay back the entire amount in full.

This Service does not include a money-back guarantee. Your results will vary depending upon your personal participation. If you wish to terminate at any time you are still obliged to pay for the entire Service

This service is not transferable. It cannot be sold or given to another person.

At our discretion, interest may be charged on any overdue payment, accruing daily from the date when payment becomes due, until the date of payment, at a rate of 2.5% per calendar month. Such interest may compound monthly at such a rate, after, as well as before any judgment.

10. Disclaimer

The information and advice provided is for general information purposes only. The information is provided by The Peak Performance Consulting Group Pty Ltd T/A Peak Hygiene Performance and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the template or the information, products, services, or related graphics contained in this document for any purpose. Any reliance you place on such information is therefore strictly at your own risk

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising or connection with, the use of our resources, strategies, templates or consultancy/coaching.

You (“The Client”) are responsible for ensuring that all strategies, plans, templates and advice complies with relevant advertising, consumer and professional codes of practice and legislation.

The Peak Performance Consulting Group Pty Ltd T/A Peak Hygiene Performance does not take any responsibility for any adverse outcomes should their advice be misconstrued or misused. Any formal advice should come from your lawyers, accountants, or specific business specialists. Please seek advice regarding any specific state or territory laws. We provide general advice only and are not financial advisors. The Peak Performance Consulting Group Pty Ltd T/A Peak Hygiene Performance is not liable for any legal, business or financial decisions made by you. You are solely responsible for how you use this information. While every care has been exercised in compiling and publishing the data contained in these trainings, The Peak Performance Consulting Group Pty Ltd T/A Peak Hygiene Performance accepts no responsibility for errors, inaccuracies or omissions to/of the information.

11. Indemnity & Release

You shall release forever The Peak Performance Consulting Group Pty Ltd (formerly Identity Consulting Pty Ltd) T/A The Peak Performance Practice, and associated entities from all and any responsibility or liability for any losses, claims or demands that may directly or indirectly occur as a result of you using the information obtained for investment or other purposes.

You shall further acknowledge that there is no guarantee that a profit or increase in turnover will be made as a result of this Service.
To the extent permitted by law, the Provider excludes all liability to the Client and Authorised Users
and/or anyone else for Losses arising in any way in connection with the Service or its use and/or
the Services and/or
the Agreement, including but not limited to Losses suffered as a result of:

• (a)  any planned or foreshadowed system downtime of the Service;
• (b)  non-performance of the Service;
• (c)  any reliance on the Service;
• (d)  any incorrect data entry or information made by the Client on the Service;
• (e)  any incorrect data or content, errors, mistakes or inaccuracies on the Service;
• (f)  any loss or corruption of Client Data at any time;
• (g)  any defects, errors and bugs in the Service;
• (h)  any unauthorized access to or use of the Service;
• (i)  any interruption or cessation of transmission to or from the Service;
• (j)  any viruses, trojan horses or other harmful code or communications which may be transmitted to or through the Service by any third party; and/or loss of privacy and confidential information.

The Client indemnifies and releases the Provider, and its officers, directors, shareholders, employees, consultants, agents, and related bodies corporate from and against all Losses (including all third-party claims)
suffered or incurred by the Provider in relation to or in connection with:

• (k)  the Client or the Client’s Authorised User’s use of the Services;
• (l)  the supply, suspension, restriction or cancellation of the Client or the Client’s Authorised User’s access to the Service;
• (m)  the Client or the Client’s Authorised User’s breach or negligent performance or non-performance of this Agreement;
• (n)  from the Client or the Client’s Authorised User’s violation of any applicable law;
• (o)  any claim made against the Provider and/or the Client and/or its Authorised Users by a third party arising out of or in connection with this Agreement, to the extent that such claim arises out of the breach, negligent performance or failure or delay in performance of this Agreement by the Client;
• (p)  any claim made against the Provider for actual or alleged infringement of a third party’s rights arising out of or in connection with the Client Data; and/or
• (q)  the enforcement of this Agreement by the Provider.

12. Intellectual Property Rights

You acknowledge that you have no proprietary right or interest in the Intellectual Property.

You must not register or record or attempt to register or record anywhere in the world the Intellectual Property or any part thereof or any patents, inventions, trade marks or designs derived from or similar to the Intellectual Property in character or aid or abet anyone else in doing so.

You must not at any time create, sell, manufacture or process any products using or taking advantage of the Intellectual Property.

You must not improperly use or disclose any Intellectual Property unless consented to in writing.

• 12.1. The Service and Materials
  • 12.1.1. The Provider shall at all times retain all title, rights and interest in and to the Service and Materials including:
    • 12.1.1.1 the Intellectual Property Rights subsisting in each;
    • 12.1.1.2 any customizations of, and modifications to, the Service and Materials to suit the Client’s individual needs;
    • 12.1.1.3 information or data, source codes and other information technology relating to or connected with the Services or Materials;
    • 12.1.1.4 marketing information relating to or connected with the Service or Materials
    • 12.1.1.5 technical information, including trade secrets, drawings, plans, encryptions, codes and product descriptions and information relating to or connected with the Service, however, excluding the Client Data.
  • 12.1.2. No right, title and interest in any of the Service and Materials is transferred or granted to the Client except so far as expressly stated in this Agreement. The Client must not use the Service in any way that is inconsistent with the Provider’s ownership.
  • 12.1.3. For the avoidance of doubt, the Client has no right to access the software code (including object code, intermediate code and source code) of the Service, either during or after the Term.
• 12.2. Client Data
  • 12.2.1. Subject to the limitations of the Service as described in clause 7, the Client (or its appropriate licensors) shall at all times retain ownership of the Client Data including the Intellectual Property Rights subsisting in it.
  • 12.2.2. The Client hereby grants to the Provider an irrevocable, worldwide, perpetual, transferable, non-exclusive license to use, communicate, display, copy, reproduce, store, distribute, publish, export, adapt, edit and translate the Client Data to the extent reasonably required for the performance of the Provider’s obligations and the exercise of the Client’s rights under this Agreement, together with the right to sub-license these rights to its hosting, connectivity and telecommunications service providers to the extent reasonably required for the performance of the Provider’s obligations and the exercise of the Provider’s rights under this Agreement.
  • 12.2.3. The Client also grants the Provider an irrevocable, non-exclusive license to use the Client Data as non-personally identifiable data in aggregated and blinded formats where the data provide no identifying, referencing or implication of an association with the Client, only for the purposes of display on the Service, improving the Service, benchmarking, research and marketing analysis, surveys, reports and studies, and to measure any metrics associated with the Client’s use of the Service.
  • 12.2.4. The Client warrants to the Provider that:
    • 12.2.4.1 the Client owns or has the necessary licenses to transmit such Client Data through the Service and that any Client Data provided will not infringe any third party rights (including intellectual property or confidentiality obligations) nor give rise to a liability to make royalty or other payments to a third party
    • 12.2.4.2 the Client Data will not:
      • 12.2.4.2.1 breach the provisions of any law, statute or regulation;
      • 12.2.4.2.2 give rise to any cause of action against the Provider, in each case in any jurisdiction and under any applicable law.
  • 12.2.5. Such data will be used in accordance with the Provider’s Privacy Policy in place from time to time.

13. Confidentiality and Privacy

• 13.1. Confidential Information
  • 13.1.1. The parties undertake that they and their respective personnel will not, without the prior written consent of the other party:
    • 13.1.1.1. disclose the Confidential Information of the other party to any person;
    • 13.1.1.2. use the Confidential Information of the other party for their own or a third party’s benefit.
  • 13.1.2. Each party must take all reasonable steps to ensure that the Confidential Information of the other party is only disclosed to such of its personnel as require that information in order to enable the performance of this agreement.
  • 13.1.3. If requested by either party the other party must return all Confidential Information and any copies of the Confidential Information to the other party.
  • 13.1.4. In the event that either party is requested or becomes legally compelled to disclose any of the other party’s Confidential Information, that party will (subject to any regulatory restrictions) provide the other party with prompt notice so that the other party may seek such protective order or other appropriate remedies as it thinks appropriate.
  • 13.1.5. In the event of a breach or threatened breach of the terms of this clause by either party (Breaching Party), the other party will, as between the parties, be entitled to an injunction restraining the Breaching Party from committing any breach of this clause without showing or proving actual damage sustained or likely to be sustained by the party.
• 13.2. Privacy
  • 13.2.1. In respect of any Personal Information (as defined in the Privacy Legislation) that is included in Client Data or otherwise provided to, collected or received by either party in connection with the Service, the Client must comply with:
    • 13.2.1.1. the Privacy Legislation, and Personal Information including sensitive or health information must be dealt with in accordance with the Privacy Legislation (as it applies to that party);
    • 13.2.1.1. the applicable Policies and guidelines of the Provider as made known from time to time.
  • 13.2.2. The Client warrants and represents that all Personal Information that it provides to the Provider complies with this clause at all times. Immediately upon the Client becoming aware of any breach by it of any Privacy Legislation in respect of Personal Information provided to the Provider, the Client must inform the Provider of this.
  • 13.2.3. If either party receives a request for access to or correction of any Personal Information from any person (including the Office of the Australian Information Commissioner) prior to providing such access to or correcting the information it must notify the other party.
  • 13.2.4. In this clause 15.2, “Privacy Legislation” means the Privacy Act 1988 (Cth), including Australian Privacy Principles, and the guidance and codes of practice issued by the Office of the Australian Information Commissioner from time to time.

14. Force Majeure Event

• 14.1 a Force Majeure Event gives rise to a failure or delay in either party performing any obligation under this Agreement (other than any obligation to make a payment), that obligation will be suspended for the duration of the Force Majeure Event.
• 14.2 A party that becomes aware of a Force Majeure Event which gives rise to, or which is likely to give rise to, any failure or delay in that party performing any obligation under this Agreement, must:
  • 14.2.1. promptly notify the other; and
  • 14.2.2. inform the other of the period for which it is estimated that such failure or delay will continue.
• 14.3 A party whose performance of its obligations under this Agreement is affected by a Force Majeure Event must take reasonable steps to mitigate the effects of the Force Majeure Event.