Terms of Service


Table of Contents

Welcome.

("Silver Huang") is a sole proprietorship registered to Silver K. Huang ("Silver") in Geelong, VIC Australia, under Australian Business Number 51 373 960 967, contactable at +61 407 616 230, PO Box 962, Geelong VIC 3220, Australia and support [at] silverhuang [dot] com.

The purpose of this document is to formalise the Contract for Services to be provided to you in accordance with these Terms.

Silver reserves the right to change these Terms & Conditions ("these Terms") from time to time, as the needs of Silver as the business owner, Silver Huang as the business and Silver Huang's stakeholders continue to evolve.

You can review the complete and most current version of these Terms at any time at https://silverhuang.com/terms-of-service. This current version is updated and accurate as of 05 November 2021.

Upon receipt of your automated confirmation emails, you accept and are bound by these Terms, and these Terms are the entire agreement between you and Silver Huang (“Contract”).

As the Client (“Client,” “you,” “your” or “yours”), it is your responsibility to read and understand these Terms thoroughly before booking or subscribing to any Services from Silver Huang.

Services.

You must be of legal adult age in your country and jurisdiction to receive Services from Silver Huang.
Silver reserves the right to require for you to seek the support of a licensed psychological, psychiatric or therapeutic mental health professional to receive Services at any time.
Upon booking or subscription of Services, you appoint Silver for a professional peer mentoring relationship.

Silver's mentoring approach is a collaborative partnership (defined as a peer alliance, not a legal business partnership, nor a therapeutic relationship) between you and Silver.

Silver Huang provides Services as follows.
  • 120-minute virtual mentoring sessions ("sessions"), conducted via Zoom, which includes four-weeks of follow up support via email and/or Miro; 
  • Email mentoring (coming soon).

Please refer to Silver's website for updated and specific details on Service types and pricing.

Silver is not available for therapeutic or emergency support.

If you are in crisis and in need of immediate attention, please contact a licensed mental healthcare professional, your local helpline or emergency services for assistance.

Services are non-transferable and apply only for and to you.

At no time may Services be transferred to any other third party, group or entity. Unless agreed in advance in writing by both yourself and Silver, no Services may include or be attended by any third parties.

Booking & Subscription of Services.

All virtual session bookings must be made through Silver's online scheduler with limited exceptions.

If you require a session date and/or time that is not available in the scheduler, or if you encounter difficulties with using the scheduler, please contact Silver at support [at] silverhuang [dot] com to arrange custom scheduling and/or admin–side booking.

An automated booking confirmation email will be issued to the email address provided during booking.

Your automated booking confirmation email should contain the following details ("Session Details"):

  • Session type,
  • Session schedule, in your local time zone, and session duration,
  • Session Zoom URL, unique to each session, where your session will be conducted, and
  • Session fee, and billing schedule.

A session is not booked unless and until an automated booking confirmation email has been issued from Silver Huang's scheduling system to you.

If you do not receive an automated booking confirmation email within 12 hours of completing the scheduler process, or if any Session Details are inaccurate or omitted, please notify Silver at support [at] silverhuang [dot] com immediately with the correct details, so she can amend and re-issue your booking confirmation email.

Mentoring sessions must be booked within each monthly billing cycle or be forfeit with no refund.

Upon receipt of monthly payment, you will receive a payment confirmation email with a unique scheduling URL with which you are to book your session.

  • Each unique scheduling URL expires upon next billing cycle, and if not used, is forfeit with no refund. It is your responsibility to ensure you benefit from your investment per billing cycle.
  • Each mentoring session is to be scheduled within its billing cycle, or be forfeit with no refund. Ergo, if your billing cycle begins 1st of the month, your session must be scheduled for a date and time before the 1st of next month. 
Email mentoring subscriptions entitle you to one 500-word email response per month.

Email mentoring is available in subscriptions of three or six months, automatically debited monthly, and qualifies for one 500-word email response from Silver per billing cycle.

Each month's email mentoring opportunity expires upon the next billing cycle, and if not used, is forfeit with no refund. It is your responsibility to ensure you benefit from your investment per billing cycle.

Email mentoring question are to be sent via email to silver [at] silverhuang [dot] com only. All other communication formats will not be responded to. Upon receipt of your question, Silver will endeavour to respond within three (3) business days (Eastern Australian Time). Excepting rare occasions, she does not respond to emails on weekends.

Personal data required and collected for booking and subscription of Services.

Your legal first and last name, email address, cell/mobile number (collectively "Contact Details"), and valid credit card details ("Billing Details") are required for booking and subscription of Services. Your Contact and Billing Details are kept secure and confidential as specified in the section Privacy & Confidentiality.

Fees & Payment.

Fees are charged in Australian Dollars (AUD) and are tax inclusive.

All applicable Fees will be charged to the credit card provided in your Billing Details ("Payment", "Billed"). Please refer to Silver's website for updated pricing.

Exploratory and coaching sessions are billed upon session completion.

Sessions are occasionally flexible, depending on client needs and at Silver's discretion, and are charged for actual time spent in-session, from a minimum of 60-minutes. Additional session time is charged for every 15-minutes or part thereof.

Mentoring sessions and email mentoring are billed by automated monthly debit.

Mentoring sessions are only available in subscription packages of three sessions. Payment of first session is debited upfront upon subscription confirmation, and payments for remaining sessions are automatically debited monthly until end of subscription.

Email mentoring is only available in subscription packages of three or six months. First payment is debited upfront upon subscription confirmation, and remaining payments are automatically debited monthly until end of subscription.

Additional session time can be added upon request in-session, up to a maximum session time of 180-minutes.

Additional session time is billed upon session completion. Silver will check in 5-minutes prior to the scheduled end of your session, should it appear that the session may go over time.

Additional session time requested in-session is subject to Silver's availability on the day.

If you wish to assure additional session time above the standard 120-minutes, please contact Silver to arrange custom session duration booking prior to your session.

Where Billing Details are not on file, or should payment fail, Silver will issue an invoice that is due upon receipt.

Failure to make payment in accordance with these Terms constitutes a material default. This includes late payment i.e. failing to pay an invoice upon receipt in full, and/or consistently requiring follow up for failed or late payment.

In these events, Silver will terminate these Terms for any current or future bookings immediately without notice and will refuse to continue to provide Services to you until all outstanding amounts are paid in full. Silver reserves the right to continue to refuse to provide Services to you even after all outstanding amounts are paid in full.

Concession and sliding scale availability is closed, and Silver does not offer payment plan options.

Rescheduling, Cancellations & Refunds.

72-hour notice is required for rescheduling or cancellation of exploratory or coaching sessions.

Rescheduling and cancellation notice must be made in writing to support [at] silverhuang [dot] com. Only one reschedule is permitted per session. 24-hour emergency notice is accepted in the event of true emergency and illness. This time is being held for you, so Silver requests professional courtesy of reasonability and adequate notice, failing which you are responsible for the full session fee as booked.

Mentoring packages and email mentoring subscriptions represent a mutual commitment & benefit, and are not cancellable.

Mentoring packages and email mentoring subscriptions represent a mutual exchange of benefit and commitment of process, and once booked, cannot be cancelled. 

Individual mentoring sessions can only be rescheduled and only one reschedule is permitted per session. 72-hour notice is required in writing to support [at] silverhuang [dot] com. 24-hour emergency notice is accepted in the event of true emergency and illness.

This time is being held for you, so Silver requests professional courtesy of reasonability and adequate notice, failing which you are responsible for the full session fee as booked.

Silver reserves the right to cancel your session for the following reasons.

Upon session start, Silver reserves the right to cancel your session due to:

  • Your lack of care in choosing an appropriate location for your session, that results any environmental or social distractions, that significantly disturbs either your or her ability to be present comfortably for your session.
  • Inappropriate or unacceptable behaviour, such as but not limited to direct or indirect abusive or disrespectful language or body language, or showing up to session intoxicated.

In event of the above, you are responsible for the full session fee as booked.

Other reasons include:

  • You are struggling to stay regulated, resourced and embodied in your nervous system and body in the present moment.
  • You are shifting out of coaching and mentoring space into therapeutic dynamics.

In the event of such, Silver will suggest that the session be stopped for your psychological welfare. You will be billed for a session minimum charge of 60-minutes and any additional time of 15-minutes or part thereof of actual time spent in-session.

All Services are non-refundable.

Client Obligations.

You are solely responsible for creating and implementing your own physical, mental, emotional, spiritual and relational well-being, decisions, choices, actions and results arising out of or resulting from Services and interactions with Silver.

As such, you agree that Silver is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any of these Services provided by Silver.

You acknowledge that coaching and mentoring are wholistic and comprehensive processes that may involve connecting different areas of your life, including but not limited to work, finances, health, relationships, education and recreation.

You agree that deciding how to handle these issues, incorporate coaching and mentoring principles into those areas and implementing choices is exclusively your responsibility, and you are responsible for seeking third-party advice from qualified professionals as due diligence to making informed decisions for your life and desired outcomes.

You understand coaching and mentoring are not therapy and do not substitute for therapy, and do not diagnose, prevent, treat, or cure any medical or psychological conditions or disorders.

You acknowledge that coaching and mentoring do not involve the diagnosis or treatment of medical or psychological conditions or disorders and that coaching and mentoring are not to be used as a substitute for counselling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals.

It is your exclusive responsibility to seek such independent, qualified and licensed professional advice and support as needed.

If you are currently under the care of a mental health professional, please promptly inform them of the nature and extent of the coaching and mentoring relationship agreed upon in these Terms.

Should Services venture into therapeutic content or dynamics i.e. focusing on or circling around helplessness, blame or denial, the past and/or on granular, concrete details of events or behaviours of others etc., Silver reserves the right to interrupt and redirect the discussion back around to coaching and mentoring space i.e. focusing on the present, your self-determination, self-responsibility, and your innate adult capability, agency, autonomy, and resourcefulness; and where necessary, recommend and/or refer you to appropriate licensed therapeutic support.

You are responsible for coming into sessions prepared with any relevant information required for Silver to support your specific needs during your session.

Silver does not process pre-session content via email from clients.

Please be forthcoming with information that you think is important for Silver to know so she can best support you, within reasonable limits.

You are responsible for ensuring you have the appropriate facilities setup for your session.

If you have never used Zoom before, please setup, test and familiarise yourself with Zoom's interface prior to your session.

Please also set up Skype and/or FaceTime as a backup on your primary and/or secondary device, in case of unexpected technical difficulties with Zoom In the event the session must be shifted to Skype or FaceTime, she is contactable at `[email protected]` on both.

In the event of technical difficulties with Zoom, Skype or FaceTime that cannot be resolved within fifteen (15) minutes, the session will be shifted to telephone to maximise session time. Silver will ask for your preferred landline telephone number and call you via Skype.

Please choose a date, time and location that will be quiet, private and comfortable, where you will be undisturbed for the duration of your session.

This minimises background noise and distractions for both you and Silver, and helps you cultivates an intentional practice of setting this time and space for you.

Sessions can occasionally cover sensitive or vulnerable ground. Hence, choosing a safe, comfortable and private location is recommended.

Sessions start punctually.

Silver will contact you via email within five (5) minutes of your scheduled start time, as specified in your session schedule, if you are not in-session at the scheduled start time.

Your session fee, as stated in your automated booking confirmation email, will be charged in full despite any late start as the result of your not being in-session at the scheduled start time. Silver cannot guarantee provision of additional session time for time lost due to late attendance.

Sessions are considered cancelled and you are responsible for the full session fee, as stated in your automated booking confirmation email, if you are not in-session by the latest fifteen (15) minutes past your scheduled start time, excluding genuine emergencies.

Be prepared to take notes.

Conclusions are delivered verbally in-session. Silver does not provide post-session notes or reports. Session follow up emails, where deemed helpful, usually provide a concise list of resources for your reference and may or may not include a brief statement summarising key session insights, at Silver's discretion.

Silver does not provide session audio or video recordings to clients and generally does not allow audio or video recording of sessions by clients. 

Please use headphones for your sessions.

This prevents echo, which often happens when clients use their laptop's built-in microphone to speak, while using the built-in speaker to listen. The built-in microphone picks up Silver's voice from the speakers, resulting in her hearing an echo of herself as she speaks, which is distracting and uncomfortable, and not conducive to your session.

It is important for Silver to be able to hear you clearly and comfortably during your session, and the easiest way to help is by using headphones to listen, when using the built-in microphone to speak. 

In the event of unresolvable audio issues  that cannot be resolved within fifteen (15) minutes, the session will be shifted to telephone to maximise session time. Silver will ask for your preferred landline telephone number and call you via Skype.

Consider email coaching and mentoring questions with care.

When preparing your question(s) for email coaching or mentoring, bear in mind the context and limitation of the Service, where you will receive one 500-word response to your email.

If the issue presented is too broad, or if there are too many questions, Silver will use her professional discretion to determine the best response, and will recommend coaching or mentoring should you wish to continue the discussion in more detail, or with deeper support.

Communications.

Changes to your email address.

Unless you specify otherwise, Silver will assume that the email address that you provide while via her contact form or during booking as part of your Contact Details will be the best email address to contact you at. Please notify Silver at support [at] silverhuang [dot] com immediately if this is not the case, or of any changes to your email address.

Communication response times.

Silver endeavours to issue follow ups and respond to non-Service emails within three (3) business days (Eastern Australian Time). Excepting rare occasions, she does not respond to emails on weekends.

On the occasions where this is not possible, Silver appreciates your patience while she gets back to you as soon as possible.

Do check your email spam folder, or any other folders, in your email account regularly, in case an email from Silver was filtered therein.

Communicating your concerns.

If you have any concerns about your work with Silver, including but not limited to ethical, privacy or confidentiality concerns, please notify Silver at support [at] silverhuang [dot] com as soon as possible to provide reasonable opportunity for Silver to respond and address your concerns via email or in-session as appropriate.

Upon booking or subscribing to Services, you will be added to a client mailing list for logistical purposes.

This mailing list is strictly for logistical purposes and Silver uses it to communicate the following critical information to clients:

  • Changes to essential documents that may impact Services that clients need review for informed consent, such as these Terms of Service, Service Disclaimer, Privacy Policy, Logistics etc.
  • Changes to pricing and scheduler URLs. Usually when Silver updates pricing, existing clients get to keep their original pricing but require an update to their scheduler URLs through which they schedule their sessions.
  • Changes to Silver's availability, in the short or long term, so clients can make adjustments to their session scheduling as needed.

You will never receive marketing material on this list.

You can unsubscribe from this mailing list at any time. When you book or subscribe to Services from Silver again, you will be added again.

Privacy & Confidentiality.

These Services, and any information you share as a Client of these Services ("Confidential Information"), are bound by the principles of confidentiality set forth in the International Coach Federation Code of Ethics.

Confidential Information refers to any information disclosed by you to Silver, either directly or indirectly, in writing or verbally, in-session or in between sessions.

However, please be aware that the coach-client relationship is not considered a legally confidential relationship (like the medical and legal professions) and thus communications are not subject to the protection of any legally recognized privilege.

Confidential Information does not include the following.

Information that:

  • was in Silver’s possession prior to its being disclosed by you; 
  • is generally known to the public or in your industry;
  • is obtained by Silver from a third party, without breach of any obligation to you;
  • is independently developed by Silver without use of or reference to your Confidential Information;  
  • Silver is required by organisational guidelines, statute, lawfully issued subpoena, or by court order to disclose;
  • is disclosed to Silver and as a result of such disclosure Silver reasonably believes there to be risk of danger or harm to you or others; or 
  • involves illegal activity. 
Generalised and anonymised coaching and mentoring content may be adapted for educational content.

Silver may adapt generalised and anonymised coaching and mentoring content for producing educational content in the form of written articles, blog posts, podcast episodes or social media posts. 

Silver agrees not to disclose Confidential Information pertaining to you without your written consent.
Your Confidential Details are stored securely as follows.
  • Your Billing Details are stored in Stripe, which is PCISCA and 3D Secure 2 compliant.
  • Your Contact Details and scheduling details, are stored in Acuity Scheduling (now Squarespace Scheduling), which is HIPAA compliant.
  • Your information submitted via web forms i.e. contact form, client profile form, support form, survey forms etc. are stored in Typeform, which is HIPAA compliant.
Please see Silver's Privacy Policy for more information.

Liability.

Except as expressly provided in these Terms, Silver makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the coaching or mentoring services negotiated, agreed upon and rendered.

In no event shall Silver be liable to you for any indirect, consequential or special damages.

Notwithstanding any damages that you may incur, Silver’s entire liability under these Terms, and your exclusive remedy, shall be limited to the amount actually paid by you to Silver under these Terms for all Services rendered through and including the cancellation date. 

Governing Law.

These Terms governed by the laws from time to time in force in the state of Victoria, Australia.

Both parties agree to unconditionally submit to the exclusive jurisdiction of these Courts for determining any dispute concerning these Terms.