Effective Date

5 May 2026

Part A – General Terms (Applied to All Services)

Engagement Type

Berg Consulting services are structured professional engagements designed to support business owners through coaching-led working sessions with consulting input where appropriate.

The purpose of the engagement is to improve decision-making, structure, and execution capability through advisory support and structured delivery assistance — not to provide full operational delivery, management, or decision-making services.

By accepting a proposal, making payment, or commencing a program, the client confirms acceptance of these Terms and Conditions.

Scope of Services

In scope:

• Strategic guidance
• Operational clarity frameworks, tools & templates
• Accountability and decision support
• Advisory and structured delivery support aligned to agreed priorities

Out of scope:

• Full operational or “done-for-you” delivery
• Staff management or HR actions
• Financial, legal, or tax advice
• Project management or site attendance
• Emergency and after-hours support

Client Responsibility

Clients remain responsible for:

All business decisions, implementation of agreed actions, compliance with legal, financial, and regulatory obligations.

Berg Consulting provides guidance and support but does not assume operational control of the client’s business.

Work is prioritised and delivered based on agreed engagement objectives and may not be directed unilaterally by the client outside of scope.

Confidentiality

All information shared during the engagement is treated as confidential and will not be disclosed without consent, except where required by law.

Intellectual Property

All tools, frameworks, templates, and materials provided remain the intellectual property of Berg Consulting and are licensed for use by the client’s business only.

Non-Guarantee

While the programs are designed to improve performance and capability, specific business results cannot be guaranteed.

Limitation of Liability 

To the maximum extent permitted by law, Berg Consulting is not liable for indirect, consequential, or financial losses arising from business decisions made by the client.

Governing Law

These Terms and Conditions are governed by the laws of New South Wales, Australia.

Payment Methods & Surcharges

Payments may be made via bank transfer or credit card.

Where payment is made via credit card, a surcharge of 1.3% may be applied to cover payment processing costs.

 

This surcharge reflects the cost of acceptance and is subject to change in line with provider fees.

Part B – Discovery Terms

Nature of Discovery

Discovery is a structured, paid diagnostic session designed to clarify the client’s current position, identify constraints, and determine an appropriate pathway forward.

Discovery does not include implementation or operational execution.

Payment

The Discovery fee is payable prior to the session.

Once delivered, the Discovery session is non-refundable.

Credit Toward Consulting and Coaching Program

If the client proceeds into a Consulting agreement or Coaching Program within 14 days of the proposal being issued, 50% of the Discovery fee will be credited toward the selected program investment.

Part C – Coaching Program Terms

Program Structure

The Foundations Program is a structured coaching engagement designed to establish clarity, control, and commercial stability within the business.

The program is delivered through coaching-led working sessions supported by practical tools, frameworks, and advisory input

Program Duration

The Foundations Program is structured with a defined duration based on the level of support required.

Typical engagement timeframe is approximately 3–6 months.

Timeframes are indicative and may vary depending on progress and business needs.

INCLUSIONS

Unless otherwise agreed:

• 1 x 1:1 coaching session (1.5 hours) per month
• Up to 4 hours consulting and delivery support per month

Support is provided for:

• Advice and decision-making
• Review and feedback
• Implementation guidance and structured delivery support

Support does not extend to full operational delivery or responsibility for business execution.

Payment Options

Clients may choose between:

• Pay-in-full prior to commencement, or
• Monthly instalments aligned to the selected program term.

Monthly instalments are a payment option only and do not alter the total commitment.

Failure to meet payment obligations may result in suspension of sessions until payments are brought up to date. Continued failure may result in termination of the engagement, with outstanding fees remaining payable.

Early Exit Option

Clients may request early exit by providing a minimum of 30 days’ written notice.

Upon early exit, 50% of the remaining program fee balance will be payable in full prior to termination.

All sessions delivered and support provided up to the termination date will be honoured. Any unused sessions are forfeited upon exit and are not refundable.

Sessions & Scheduling

Sessions are scheduled by mutual agreement and delivered as structured working sessions. 

Session durations are 1.5 hours. 

Where scheduling constraints arise, sessions may extend slightly beyond the program duration to ensure delivery completion

Sessions cancelled with less than 24 hours’ notice may be forfeited at Berg Consulting’s discretion.

Support Between Sessions

Programs include up to 4 hours per month of consulting support during business hours only.

The 4 hours consulting support is scheduled by mutual agreement and can be planned in 1 – 4 hour blocks. 

Support is intended for structured program delivery and priority actions within the engagement, not for ad hoc or out-of-scope requests.

Response times are typically within 72 business hours. 

Unused support hours:

• Accrue during the program duration
• Must be used within the program period unless otherwise agreed in writing
• Are not refundable or redeemable for cash

Variations

Any variation to scope, session cadence, or engagement terms must be agreed in writing and may be scoped and quoted separately where required

Part D – Retainer SUPPORT Terms

Engagement Structure

Retainer Programs are ongoing advisory engagements designed to provide continued support, accountability, and structured delivery assistance across agreed business priorities.

Retainers combine strategic advice, practical implementation support, and regular follow-through to ensure progress is achieved.

Retainer Levels

Retainers are offered in tiered monthly support levels based on required involvement:

• Momentum – up to 10 hours per month
• Stability – up to 20 hours per month
• Amplify – up to 30 hours per month

The appropriate level is determined based on business needs and may be adjusted during the engagement by mutual agreement.

Minimum Engagement Period

Minimum engagement periods apply based on the selected retainer level:

• Momentum: minimum 3 months
• Stability: minimum 6 months
• Amplify: minimum 6 months

Ongoing Engagement

Following the minimum engagement period, the retainer continues on a month-to-month basis and may be adjusted or concluded as business needs evolve.

Inclusions

Monthly retainer hours may be used across:

• Coaching sessions
• Advisory and decision support
• Implementation guidance and structured delivery support

Support is intended for structured program delivery and priority actions within the engagement, not for ad hoc or out-of-scope requests.

Scheduling

Work is scheduled based on agreed priorities and availability.

Support may be delivered flexibly across sessions, working blocks, and communication channels.

Support Between Sessions

• Scheduled by mutual agreement
• Provided during standard business hours
• Typical response time within 72 business hours
• Delivered within the allocated monthly hours

Unused hours:

• Accrue during the engagement
• Are intended to support active priorities within the retainer
• Must be used within a reasonable timeframe as agreed
• Do not create an obligation for immediate or bulk delivery
• Are not refundable or redeemable for cash

Fees & Payment

Clients may choose between:

• Monthly payments in advance, or
• Quarterly upfront payment (where applicable discounts may apply)

Failure to meet payment obligations may result in suspension of services.

Termination

Clients may terminate the retainer by providing 30 days’ written notice.

Where termination occurs:

• Within the first 3 months:
  Fees are payable up to the end of the 3-month minimum engagement period
• After the first 3 months:
  Fees are payable through the 30-day notice period only

All fees are billed in line with the agreed monthly commitment.

Mutual Fit & Engagement Suitability

Berg Consulting and the client agree that successful outcomes rely on alignment, engagement, and mutual fit.

Where it is determined that the engagement is no longer effective, aligned, or suitable for either party, Berg Consulting reserves the right to conclude the engagement by providing 14 days’ written notice.

In such circumstances:

• Services delivered up to the termination date will be invoiced and payable
• Any future scheduled work will be cancelled
• No further commitment will apply beyond the notice period

Berg Consulting may, at its discretion, adjust or waive any remaining commitment where it is considered reasonable based on the circumstances.

Variations & Additional Work

Any work outside the agreed retainer scope or requiring dedicated time beyond the allocated monthly hours will be scoped and quoted separately.

This may include, but is not limited to:

• Offsite workshops or planning days
• Project-based delivery or implementation work
• Extended consulting beyond allocated hours

All additional work must be agreed in writing prior to commencement and will be delivered subject to availability.

Part E – Consulting Terms

Nature of Consulting

Consulting services above the coaching program support are project-based, scoped engagements designed for deeper operational intervention, implementation-heavy matters, or complex business recalibration.

Consulting is distinct from Coaching Programs and does not create an ongoing advisory relationship unless separately agreed.

Scope Confirmation

All consulting engagements above the coaching programs are scoped and confirmed in writing prior to delivery.

Fees & Payment

Consulting services above the coaching program are delivered in half-day or full-day blocks.

Fees are charged in accordance with the published consulting rates at the time of engagement and are billed separately from Coaching Programs.

Where consulting services are booked in advance for five (5) consecutive business days, or delivered across five (5) consecutive business days, a five percent (5%) discount will be applied to the invoiced consulting effort for that booking.

For longer-term consulting engagements, the same discount structure applies to each qualifying five (5) consecutive business day block where booked and confirmed in advance.

Payment terms will be outlined in the agreed scope document.

Availability

Consulting services are available to active and former clients, subject to availability.