Conditions of Sale

A: Definitions
In these Conditions of Sale the following definitions apply:

Whitehorne Scientific Consulting: the owner/user of these Conditions of Sale and supplier of services.
Client: the party using the services of Whitehorne Scientific Consulting (this includes both the researcher/applicant and Host Institution).
Product: the service (coaching, mentoring, advice and review) and associated effort provided by Whitehorne Scientific Consulting as part of the service agreement.
Delivery: the execution of services and associated effort by Whitehorne Scientific Consulting.

B. Acceptance of support offer by the Client.
B.1: Formal acceptance of the support offer can take several forms/pathways, depending on the university/institute administration process, as well as the speed in which a researcher needs support to begin. These include: direct invoicing; invoicing on the provision of a project code/order number; signed quotation for services; provision of an official purchase order.
B.2 Please refer to https://www.whitehornescientific.com/administration-and-payment-pathways/ for further details on these pathways.

C. Service Agreement
C.1: The service agreement comes into effect upon formal acceptance of the  support offer by the Client (see B.1 and B.2 above).
C.2: The agreement is for a fixed period of time and can only be extended beyond the agreed period with agreement from both parties.
C.3: Any changes in the service agreement on the nature of the services to be provided during the course of the service must be confirmed in writing by both parties.
C.4: Prices charged will be as agreed, unless a change in the service agreement takes place.

D. Execution of the Service Agreement and Delivery of the Product
D.1: Whitehorne Scientific Consulting determines the manner by which service delivery is executed.
D.2: The Client is obliged to provide Whitehorne Scientific Consulting with all information/documentation/drafts required for the discharge of the agreement by Whitehorne Scientific Consulting, and the Client agrees to respond to all requests for e.g. drafts/information/documentation during the course of the service agreement in a timely manner.
D.3: During the course of the service agreement, Whitehorne Scientific Consulting has reserved allocated support time for a Client throughout the FULL course of this agreement. As such, the Client is fully responsible for working on their output (i.e. research grant proposal concept development/fine tuning, research grant proposal drafting, research grant interview preparation, participation on online courses, online course homework, etc…) consistently and regularly throughout the duration of the service agreement, and are responsible for managing their own timeline and scheduling. Should a Client fail to do this and leave more than 50% of the agreement workload expected to be undertaken by Whitehorne Scientific Consulting within the last 30% of the service agreement timeline, the Client waives their right to receive the full support time/service allocated within the agreement, and will therefore receive from Whitehorne Scientific Consulting a lowered/adjusted amount of support time, based on a pro rata amount of the full agreement. In this instance, the Client waives any right to claim for damages, claims, lay any fault with Whitehorne Scientific Consulting, nor request a service credit or refund.

E. Payments
E.1: The Client shall pay the amount stated on any invoice within the specified due date. All invoices are provided in Euros (€), exclusive of VAT, with VAT (0% reverse charging rule applying.
E.2:  In the case an invoice is not paid by the due date, Whitehorne Scientific Consulting reserves the right to pause the delivery of services until the payment is received, without defaulting on their contractual obligations under the agreement.
E.3: For invoices not paid within 30 days after the due date, Whitehorne Scientific Consulting is within its right to  take legal action without further notice and to charge interest at the statutory interest rate.
E.4: In the case that the Client does not pay on time or not at all, the Client shall pay to Whitehorne Scientific Consulting all extra judicial and legal costs incurred by Whitehorne Scientific Consulting in pursuing payment.
E.6: Issues or concerns with respect to an invoice are required to be raised in writing within five (5) working days after receipt of the invoice.

F. Responsibility
F.1: The Client (both the applicant/researcher and the Host Institution) take full responsibility for making decisions regarding accepting or rejecting any and all advice, coaching, edits and suggestions made by Whitehorne Scientific Consulting during the course of the service agreement, and are fully responsible for the final quality and content of the final Product (for e.g. job application submission, presentation at job interview, research grant proposal or fellowship submission, research grant proposal interview, fellowship application and interview, rebuttals, nomination for prizes, etc…).
F.2: The Client (both the applicant/researcher and the Host Institution) are fully responsible for checking and ensuring that they meet the eligibility and submission requirements (for e.g. job application submission, presentation at job interview, research grant proposal submission, research grant proposal interview, fellowship application and/or interview, rebuttals, nomination for prizes, journal articles, etc..).
F.3 In the case of questions or issues arising, the Client commits to raising such questions or issues with Whitehorne Scientific Consulting no later than five (5) working days after delivery of the Product.

G. Quality Control and Liability
G.1: Whitehorne Scientific Consulting will take the utmost care in delivering the agreed service. However, Whitehorne Scientific Consulting cannot guarantee the absence of mistakes or omissions and shall not be liable for any mistake, omission, or use by the Client of the Product supplied. In this case, the Client waives all claims with regard to the Product supplied by Whitehorne Scientific Consulting for any loss of profits, savings, reputation or other incidental, special or consequential damages.

H Confidentiality
H.1: Both Whitehorne Scientific Consulting and the Client must use confidential information about the other party solely in relation to the agreed services to be rendered by Whitehorne Scientific Consulting, and for no other purpose, without the prior consent of the relevant party.
H.2: See also our Privacy Policy (https://www.whitehornescientific.com/privacy-policy/).
H.3: Should the Client provide Whitehorne Scientific Consulting with any information that could be considered as falling under the Privacy Act, the Client will ensure that the use of this information is permitted and that provision of and use of this information by Whitehorne Scientific Consulting is also permitted.

I Intellectual property
I.1: Intellectual property pertaining to any subject matter provided by the Client to Whitehorne Scientific Consulting (e.g. grant proposal drafts, CV, previous grant proposal submissions, reviewer reports, scientific ideas, journal article drafts, award/prize nomination drafts, etc...) under the agreement for services with Whitehorne Scientific Consulting is and will remain the property of the Client.
I.2: Intellectual property pertaining to any subject matter provided by Whitehorne Scientific Consulting to the Client (e.g. all support and coaching documentation) is and will remain the property of Whitehorne Scientific Consulting.

J. Cancellation
J.1: In the case of termination of the agreement by the Client for any form of research grant/fellowship support, research grant/fellowship interview support, and/or review support for scientific prizes and/or nominations, if the cancellation request comes within three (3) months of the submission deadline or research grant interview date, Whitehorne Scientific Consulting provides no refunds or service credits on the service agreement.
J.2: In the case of J.1, if the cancellation request comes more than three (3) months the of the submission deadline or research grant interview date, Whitehorne Scientific Consulting e may at their discretion provide a service credit for the service agreement cost, less (1) all effort expended and any proprietary coaching/support documents provided to date on the Product and (2) any loss of income. No refunds are provided.
J.3: For all other services provided by Whitehorne Scientific Consulting, (e.g. all online training and coaching courses, strategic coaching, scientific leadership coaching and mentoring, etc…), in the case of termination of the agreement by the Client once the service has commenced, Whitehorne may at their discretion provide a service credit for the service agreement cost, less (1) all effort expended and any proprietary coaching/support documents provided to date on the Product and (2) any loss of income. No refunds are provided.

K. Force majeure
K.1: Force majeure means any failure in the performance that cannot be imputed to any fault of either the Client or Whitehorne Scientific Consulting and for which the party in question is not held accountable either by law or in reasonableness or fairness.
K.2: In the case of temporary force majeure Whitehorne Scientific Consulting reserves the right to extend the intended delivery date by the length of time for which the force majeure is in effect.
K.3: In the case of permanent force majeure either Whitehorne Scientific Consulting or the Client shall have the right to rescind the agreement by written notice to the other party. In the case of force majeure, the Client has no right to claim damages from Whitehorne Scientific Consulting.

L. Disputes and applicable law
L.1: These conditions of sale shall be governed by and construed in accordance with the laws of Australia.
L.2: Disputes that cannot be solved amicably by the parties will only be submitted to arbiters under the regulations of Australia.