Terms & Conditions

1. Definitions

• "Agreement" means these Terms and Conditions together with any engagement brief signed between the parties.
• "Engagement" means a consulting engagement commissioned by the Client and delivered by Pivothelm.
• "Client" means the organisation or individual who commissions an Engagement.
• "Services" means the consulting work described in the relevant Engagement brief.
• "Written Output" means any written document produced by Pivothelm as a deliverable under an Engagement.
• "Site" means the website operated by Pivothelm at this domain.

2. Acceptance of Terms

By accessing this Site or submitting an enquiry, you represent that you are at least 18 years of age and have the capacity to enter into a binding agreement on behalf of yourself or the organisation you represent.

3. Description of Services

Pivothelm provides structured consulting engagements for leadership teams, currently comprising: the Working Rhythms Review, the Initiative Scoping Engagement, and the Leadership Reflection Series. The specific scope, duration, deliverables, and price of each Engagement are set out in a written engagement brief agreed between Pivothelm and the Client before any work begins.

Pivothelm does not provide legal, financial, medical, or regulated professional advice. Nothing in any Written Output should be construed as such advice. All decisions arising from an Engagement remain entirely with the Client.

4. Enquiries and Engagement Formation

Submitting a contact form or making an enquiry does not create a contractual obligation on either party. An Engagement is formed when both parties have signed a written engagement brief. We reserve the right to decline any enquiry at our discretion.

5. Client Responsibilities

The Client agrees to:

• Provide access to meetings, documents, and individuals as agreed in the engagement brief.
• Ensure that participants in observed meetings have been informed of and consented to the consultant's attendance.
• Provide accurate information relevant to the engagement scope.
• Make payment in accordance with the payment terms in the engagement brief.

6. Acceptable Use of This Site

You agree not to use this Site in any way that:

• Is unlawful or fraudulent under applicable Thai or international law.
• Transmits unsolicited commercial communications.
• Attempts to gain unauthorised access to any part of the Site or its underlying systems.
• Interferes with the normal operation of the Site.

7. Intellectual Property

All content on this Site — including text, design, and structure — is owned by or licensed to Pivothelm and protected by applicable intellectual property laws. You may not reproduce, distribute, or use this content without our prior written consent.

Written Outputs produced under an Engagement are delivered to the Client for their internal use. The Client receives a non-exclusive, non-transferable licence to use the Written Output within the commissioning organisation. Pivothelm retains ownership of underlying methodologies, frameworks, and any pre-existing intellectual property incorporated into the Written Output.

8. Payment Terms

Engagement fees are as stated in the relevant engagement brief and are denominated in Thai Baht (฿). Unless the engagement brief states otherwise, 50% of the fee is payable upon signing the engagement brief, and the remaining 50% is payable upon delivery of the Written Output. Payment is due within 14 days of invoice.

Pivothelm does not offer refunds for work already commenced unless otherwise agreed in writing.

9. Confidentiality

Each engagement is covered by a mutual confidentiality agreement agreed separately between the parties. In the absence of such an agreement, both parties agree to treat as confidential any non-public information disclosed in connection with the engagement and not to disclose it to third parties without prior written consent.

10. Disclaimers

This Site and the information it contains are provided on an "as is" basis. Pivothelm makes no representations about the accuracy or completeness of the content on this Site. We reserve the right to update or remove content at any time without notice.

Consulting engagements are observational and reflective in nature. Pivothelm does not warrant that any Written Output will produce particular organisational outcomes. The decision to act on or disregard any reflection or recommendation in a Written Output rests entirely with the Client.

11. Limitation of Liability

To the extent permitted by Thai law, Pivothelm's total liability to the Client arising out of or in connection with an Engagement shall not exceed the total fees paid for that Engagement. In no event shall Pivothelm be liable for indirect, consequential, or incidental damages, loss of profits, or business interruption arising from the use of this Site or any Engagement deliverable.

12. Indemnification

You agree to indemnify and hold harmless Pivothelm and its consultants from any claims, damages, or expenses arising from your use of this Site in violation of these Terms, or from your breach of any engagement agreement.

13. Termination

Either party may terminate an Engagement by written notice if the other party has materially breached the engagement agreement and has failed to remedy that breach within 14 days of written notice. In the event of termination by the Client other than for Pivothelm's material breach, fees for work already performed and documented are payable in full.

14. Dispute Resolution

These Terms are governed by the laws of Thailand. In the event of a dispute, the parties agree first to attempt informal resolution through direct negotiation. If the dispute cannot be resolved informally within 30 days, it shall be submitted to the jurisdiction of the competent courts of Bangkok, Thailand.

15. General Provisions

• Entire Agreement: These Terms, together with any signed engagement brief, constitute the entire agreement between the parties on the relevant subject matter.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force.
• Waiver: Failure to exercise any right under these Terms does not constitute a waiver of that right.
• Assignment: You may not assign your rights under these Terms without our prior written consent.

16. Changes to These Terms

We may update these Terms from time to time. The revised version will be posted on this page with an updated date. Continued use of this Site after any update constitutes acceptance of the revised Terms. For active engagements, changes will not apply retroactively without the Client's written agreement.

17. Contact

Questions about these Terms may be directed to [email protected] or by post at Pivothelm, 39 Phloen Chit Road, Lumphini, Bangkok 10330, Thailand.