Terms of Service

These Terms of Service ("Terms") govern your relationship with Clear Surge ("we", "our", or "us") when you access our website at clear-surge.com or use our business coaching services. By using our services, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing or using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our services.

2. Description of Services

Clear Surge provides business coaching services to Australian business owners, including but not limited to:

• Personal business coaching sessions
• Strategic planning and implementation guidance
• Leadership development programs
• Business process optimization consulting
• Team coaching and development
• Crisis management and turnaround services

3. Eligibility

To use our services, you must:

• Be at least 18 years of age
• Have the legal authority to enter into this agreement
• Own or have significant decision-making authority in a business
• Provide accurate and complete information when requested

4. Service Agreements and Payment Terms

Service Engagement

Specific coaching services will be outlined in separate service agreements that detail:

• Scope of services
• Duration and schedule
• Fees and payment terms
• Specific deliverables and milestones
• Cancellation and rescheduling policies

Payment Terms

• Fees are due according to the payment schedule outlined in your service agreement
• Late payments may incur additional charges and service suspension
• All fees are in Australian Dollars (AUD) unless otherwise specified
• Refunds are subject to our refund policy outlined in section 8

5. Client Responsibilities

As a client, you agree to:

• Provide accurate and complete information about your business
• Participate actively and honestly in coaching sessions
• Complete agreed-upon actions and assignments
• Communicate promptly about any challenges or concerns
• Respect scheduled appointment times and provide reasonable notice for changes
• Maintain confidentiality regarding other clients and proprietary methodologies

6. Intellectual Property Rights

Our Intellectual Property

All content, methodologies, frameworks, and materials provided by Clear Surge remain our intellectual property. This includes:

• Coaching methodologies and frameworks
• Assessment tools and templates
• Training materials and resources
• Website content and design

Client Intellectual Property

You retain ownership of your business information, strategies, and confidential data shared during coaching sessions.

Work Product

Customized strategies, plans, and recommendations developed specifically for your business become your property upon full payment of fees.

7. Confidentiality

Mutual Confidentiality

Both parties agree to maintain strict confidentiality regarding:

• Business strategies and financial information
• Proprietary methodologies and tools
• Personal and sensitive business matters
• Other client information and case studies

Exceptions

Confidentiality obligations do not apply to information that:

• Is publicly available
• Is required to be disclosed by law
• Is necessary to protect safety or prevent harm

8. Cancellation and Refund Policy

Cancellation by Client

• Individual sessions can be cancelled with 24 hours notice
• Program cancellations require 14 days written notice
• Cancellation fees may apply as outlined in your service agreement

Cancellation by Clear Surge

We reserve the right to terminate services if:

• Payment terms are not met
• Client behavior is inappropriate or abusive
• There is a fundamental breach of these Terms

Refund Policy

• Refunds for unused sessions may be available within 30 days of program start
• No refunds for services already delivered
• Emergency circumstances will be considered on a case-by-case basis
• Refund processing may take 5-10 business days

9. Limitations and Disclaimers

No Guarantee of Results

While we strive to provide valuable coaching services, we cannot guarantee specific business outcomes or results. Success depends on various factors including:

• Client commitment and implementation
• Market conditions and external factors
• Business-specific challenges and resources

Professional Advice Disclaimer

Our coaching services do not constitute:

• Legal advice
• Financial or investment advice
• Accounting or tax advice
• Mental health or psychological counseling

Clients are advised to consult appropriate licensed professionals for specific legal, financial, or health matters.

10. Limitation of Liability

To the maximum extent permitted by Australian law:

• Our total liability shall not exceed the fees paid for the specific service
• We are not liable for indirect, consequential, or punitive damages
• We are not responsible for business losses resulting from external factors
• Clients assume full responsibility for business decisions and implementations

11. Force Majeure

Neither party shall be liable for delays or failures in performance due to circumstances beyond reasonable control, including:

• Natural disasters
• Government actions or regulations
• Pandemics or health emergencies
• Technical failures or internet outages

12. Website Terms

Acceptable Use

When using our website, you agree not to:

• Use the site for illegal or unauthorized purposes
• Attempt to gain unauthorized access to systems or data
• Transmit viruses or malicious code
• Copy, distribute, or modify content without permission

User-Generated Content

If you submit content to our website (comments, testimonials, etc.), you grant us a non-exclusive license to use, modify, and display such content for business purposes.

13. Privacy and Data Protection

Your privacy is important to us. Please review our Privacy Policy, which governs how we collect, use, and protect your personal information. By using our services, you consent to our privacy practices.

14. Modification of Terms

We reserve the right to modify these Terms at any time. Changes will be effective when posted on our website. We will notify existing clients of significant changes via email or through their client portal. Continued use of our services after changes constitutes acceptance of the new Terms.

15. Dispute Resolution

Initial Resolution

In the event of a dispute, both parties agree to first attempt resolution through good-faith negotiation and, if necessary, mediation.

Governing Law

These Terms are governed by the laws of South Australia and the Commonwealth of Australia. Any legal proceedings shall be conducted in the courts of South Australia.

Class Action Waiver

Both parties waive the right to participate in class action lawsuits related to these Terms or our services.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall continue in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy and any signed service agreements, constitute the entire agreement between the parties and supersede all prior agreements or understandings.

18. Contact Information

For questions about these Terms or to report violations, please contact us:

19. Professional Standards

Clear Surge adheres to professional coaching standards and ethical guidelines. Our coaches maintain appropriate certifications and participate in ongoing professional development to ensure service quality.

20. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies rights or remedies that you may have under the Australian Consumer Law or other applicable consumer protection laws that cannot be excluded, restricted, or modified by agreement.