By placing an order with SML, you confirm your agreement to the following Terms and Conditions (T & Cs). If there is anything you do not understand in these T&Cs, you may wish to obtain your own professional advice. 

1. Preliminary

1.1.  These T&Cs and the Client Consent form constitute the entire agreement between the client and SML superseding all other agreements or arrangements between them  (whether written or oral, expressed or implied) relating to the project.

1.2.  The project will not commence until the Client has signed, had witnessed and verbally agreed to this agreement and the T&Cs.

2. SML’s obligation to the Client

2.1.  SML’s primary obligation to the client is to facilitate the client in telling a story in the way most appropriate to reflect their intention. Unless the client specifically requests it, SML will not seek information from anyone else.

2.2  The client is responsible for all information contained in the project. SML will not check the truth or accuracy of the information provided by the client.

2.3  Should the client wish to include any edits from third parties, the client will be responsible for all changes and will consolidate all amendments into one copy of the manuscript at the review stage without causing project delay.

2.4  SML’s primary obligation will not be able to be achieved without the client :

3         Not for General Publication 

3.1.  The Story of My Life books are for private circulation only and are not intended for general publication. The client’s risks will be increased if the book is published or distributed more widely. The client’s story, even in a limited circulation, may offend some people, such as members of the client’s family who may be aggrieved at references to them in the book. This can create the risk of legal claim or emotional distress. The role of SML is to bring the client’s story into book form for the client, but we are not publishers to the public and we do not undertake a publishing risk analysis.

3.2.  SML is entitled to rely on the client being accurate and fair in telling the story. SML is not a publisher to the public and it does not investigate or verify any information which the client provides for the purpose of the project. Accordingly SML will not be liable with respect to information or material of any kind that is supplied to us. If any demand is made upon SML in respect to any of the contents of the book, the client agrees to indemnify SML as set out in clause 9.3.

4. Duration of the Project

4.1.  The Agreement will commence on the date when the client signs the contract and pays the first instalment. It will finish on the day the project is completed or cancelled in accordance with clause 6. 

4.2  SML will complete the project within four months from the date of the first interview, unless the parties have agreed to an extension in writing. At the time of the first interview SML’s facilitator will arrange the scheduling of a subsequent interview and all subsequent interviews will be arranged mutually as is convenient.  It is essential that the client remains available after the final interview to review the manuscript and photos and to sign off to typeset and print, in accordance with the agreed timescale.

4.3  The project timeframe is four months from the date of the first interview to the signed client to print stage. SML cannot guarantee a date when printing of the project story will be completed as there may be delays caused in the printing process.

4.4.  The client is responsible for any proposed changes to the timetable. Charges may apply for such changes, as per clause 5.3.

5. Fees and Payment

5.1. The client is liable to pay the remuneration that SML charges for the project upon signing the Agreement. Payment may be made by three instalments as set out in the agreement. All payments will include GST. The instalments must be fully paid when due before the next stage of the project can progress.

5.2 Without limiting any other rights, SML may suspend any further work on the project if and for so long as any payment due remains unpaid after its due date for payment.

5.3.  In the event that the project does not progress within the scheduled timeline for reasons that are not attributable to SML  a project extension charge of 5% of the total project remuneration may be levied. Fees will be payable per additional month to cover the additional costs of keeping the client’s project active.

5.4  SML will notify the client in writing if it becomes entitled to apply the project extension charge, and will separately invoice the client for payment within seven days.  To keep the project team in place, these invoices should be settled within seven days of receipt. Any outstanding extension charges must be fully paid before the project can be recommenced.

6. Cancellation and Suspension

6.1.  The client has the right to cancel the agreement within seven (7)  days of signing the initial contract in which case any monies paid by the client will be refunded.

6.2.  In addition the client may cancel the project for any reason after the initial 7 days by giving SML two weeks written notice at any time. In the event of such cancellation SML may retain all monies paid by the client to the date of cancellation.

6.3.  SML may cancel the project

6.4.     The client agrees that, to reinstate the project, SML is  entitled to charge a project extension charge, together with any additional reinstatement costs calculated by taking into consideration costs that SML could incur in addition to the original charge, including:

a) the need to train a new facilitator and time incurred in order to provide background information on the project;

b) costs incurred as a result of the extended project timescale including, but not limited to, familiarisation of the whole team with the project; and

c) any increase in price of the project.

6.5.      Reinstatement of the project will not commence until SML has received payment of all fees in full. 

6.6  On cancellation of the project, the Agreement will terminate save with respect to any provision that is expressly stated or by its nature is intended to survive termination including, without limitation, clauses 7 to 10 (inclusive).

7. Confidentiality and Data Protection

For the purposes of this clause, the following definitions shall have the following meanings:

a) Personal Data means any information relating to an identified or identifiable natural person (a “data subject”), such as a name, an identification number, location data, online identifiers, or data relating to an individual’s physical, physiological, genetic, mental, economic, cultural, or social identity. Personal Data also includes Special Categories of Personal Data (data that reveals racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, or genetic data, biometric data, data concerning health, or data concerning sex life or sexual orientation).

b) Processing means any operation or set of operations performed on Personal Data (whether or not by automated means), such as collection, recording, organizing, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination, or otherwise making the Personal Data available, aligning it or combining it with other data, or restricting, erasing, or destroying Personal Data. Process shall be construed accordingly.

c) Data Protection Law means all applicable state and federal laws and regulations relating to the processing of Personal Data and privacy (including in the jurisdiction where the data subject resides) or any applicable replacement data protection or related privacy legislation.

7.1.  What is discussed between the Client and SML is initially private and confidential. Some of the information shared will be Personal Data.

7.2.  It is understood by the client that:

a) the client is responsible for the text of the completed book and the text of materials generated in the process of creating the book that contain any content provided by the client; and  

b)  SML is entitled to rely on the client being accurate and honest in providing all the information in the course of completing the project.

7.3.  SML is not a publisher to the public and cannot verify the accuracy of the information it is presented with during the project, including any Personal Data within the manuscript. The role of SML is to provide the client with the tools and equipment needed to bring their project to life. The book is written according to the words and instructions of the client. When Personal Data is provided to SML during the project, the client agrees that disclosure of that Personal Data to SML is fair and  accurate to the knowledge of the  client. The client acknowledges that SML can, without taking any further action, collect, use, and disclose such Personal Data for the project. SML will only process Personal Data within the manuscript for the project.

7.4.  Before SML finalizes the project, the client will be asked to read and approve the manuscript (their book). The client will be required to acknowledge and provide approval of the manuscript at that stage, and to confirm agreement for the manuscript to be printed and compiled into a book. SML is entitled to rely on such approval as confirmation that the client has complied with their responsibilities regarding the content of the book, including those relating to any Personal Data contained within the manuscript, as referred to in any Data Protection Law and this Agreement.

8. Copyright and Other Intellectual Property

8.1.  The client and SML agree and acknowledge that copyright of the manuscript is the property of the client.

8.2.  SML reserves and retains the exclusive rights to the name, concept, and methodology of the Story of My Life business model. In addition, the format, design, and layout of the Story of My Life, and any other intellectual property other than as provided in clause 8.1 remains the property of SML.

8.3.  On completion of the Project, subject to full payment of the fees, SML will deliver to the client three printed and bound copies of the book. If the client decides to order additional copies, these will also be provided subject to payment of the applicable additional charges. SML shall be entitled to print and retain one copy for its records.

9. Liability and Indemnity

9.1.   SML, its servants and agents, will not be liable to the client for any loss of profits or economic loss nor for any indirect, special, consequential, or punitive loss or damage of any kind arising out of or in relation to the project whether caused by negligence or breach of any other duty imposed by statute or common law.

9.2  The client and successors in law of the client agree to indemnify SML and hold it harmless from any claims, liabilities, losses, costs, actions, and expenses (including legal fees and costs on a full indemnity basis) made or brought by any person against SML as a result of its undertaking the project and/or compiling, recording, printing, or delivering the manuscript. 

10. General

10.1.   The client acknowledges that it is not relying on any pre-contract statement or representation, whether innocent or otherwise, made by SML, its employees or agents  except to the extent  specifically set out in writing in the Agreement. 

10.2.   The Agreement is personal to the client and may not be assigned, transferred, or subcontracted to another person. 

10.3.   Any provision of the Agreement held to be illegal or unenforceable will, to the extent necessary, be deemed to be deleted. The enforceability of the remaining provisions of the Agreement will not be affected.

10.4.   Neither party will be treated as waiving or releasing its rights under the Agreement unless it has signed an express written waiver or release.

10.5 No variations of the Agreement are effective unless made in writing and signed by the client and SML.

11     Disclosure

If the client discloses or reveals in an interview their involvement in a crime or criminal activity which has not been reported to the Police, SML may withdraw its services at its total discretion. In this instance, all monies paid up until that time may be forfeited.