Terms & Conditions

1. Agreement

By engaging Sarka Espinosa Consulting ("Sarka", "we", "us") or using this website, you agree to these Terms & Conditions in full. If you do not agree, do not engage our services.

2. Nature of Services

Sarka provides advisory, consulting, facilitation, and implementation support services. We commit to delivering the agreed deliverables set out in the written engagement scope (for example: audit, 90-day plan, sessions, and documentation as specified). We do not guarantee specific commercial outcomes such as revenue, growth, cost savings, sale price, valuation multiples, buyer interest, or market results. Those outcomes depend on your execution, market conditions, team capability, and factors outside our control.

3. Money-Back Guarantee (Deliverables)

For paid engagements that include a written scope of deliverables, the following guarantee applies:

• Promise: If we fail to deliver the agreed deliverables set out in the engagement scope, and you have fulfilled your responsibilities under the engagement, you are entitled to a full refund of fees paid for that engagement.
• Your part: You must provide accurate and timely information, reasonable access, decisions and approvals when required, and complete the actions agreed as your responsibility within the engagement timeline.
• What is not covered: Business results (including but not limited to sale price, valuation, revenue, profit, or buyer outcomes); failure to implement recommendations after handover; delays or non-delivery caused by your failure to meet responsibilities; or work outside the written scope.
• Claim process: Submit a written refund request to sarka@sarka-ops.com within fourteen (14) days of the engagement end date, stating which agreed deliverables were not provided. If the claim is valid under this section, fees paid for that engagement will be refunded in full within a reasonable time.

Except for the deliverables guarantee above, to the maximum extent permitted by law, services are otherwise provided without warranties of merchantability, fitness for a particular purpose, or non-infringement, and without any guarantee of commercial results.

4. Client Responsibilities

You are solely responsible for:

• Providing accurate, complete, and timely information
• Making timely decisions and providing necessary approvals
• Implementing recommendations
• The performance and conduct of your team
• All business decisions and their consequences

Failure to meet these responsibilities may reduce or eliminate any benefit from our services and may void eligibility for the money-back guarantee under Section 3, for which we accept no liability beyond that section.

5. Limitation of Liability

To the maximum extent permitted by law, our total aggregate liability to you for any claim arising out of or in connection with our services shall not exceed the total fees actually paid by you to us in the three (3) months immediately preceding the claim.

In no event shall we be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, revenue, data, business opportunities, or goodwill, regardless of the cause or theory of liability.

6. Indemnity

You agree to indemnify, defend, and hold harmless Sarka Espinosa, her employees, contractors, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• Your use of our services or recommendations
• Your business decisions or operations
• Any breach of these Terms by you
• Any claim by a third party related to your business

7. Payment and Cancellation

Fees are payable as agreed in writing. Except where the money-back guarantee in Section 3 applies, fees are otherwise non-refundable. We may suspend or terminate services immediately for non-payment. Either party may terminate an engagement by written notice. You remain liable for all work performed up to the termination date, subject to Section 3 where applicable.

8. Intellectual Property

We retain all intellectual property rights in our pre-existing methodologies, frameworks, templates, tools, and know-how. Any new materials created specifically for you become your property only upon full payment of all applicable fees.

9. Confidentiality

We will treat your confidential information with reasonable care. You acknowledge that we may use generalised, anonymised insights from our work in our marketing and future client work, provided no confidential client information is disclosed.

10. Dispute Resolution & Governing Law

These Terms are governed by the laws of Victoria, Australia. Any dispute must first be attempted to be resolved through good faith negotiation. If unresolved, disputes shall be determined exclusively by the courts of Victoria, Australia.

11. Entire Agreement

These Terms, together with any written proposal or agreement we provide, constitute the entire agreement between us and supersede all prior discussions and agreements. No variation is valid unless in writing and signed by both parties.

12. Contact

Sarka Espinosa Consulting
Geelong, Victoria, Australia
Email: sarka@sarka-ops.com
Phone: 0478 794 176

These Terms are designed to protect Sarka Espinosa Consulting to the fullest extent permitted by law.