Terms and Conditions
Upon receipt of confirmation of an order, these terms & conditions apply.
We are: Builders Profits
Our Contact details are:
8/233 Crown Street
Wollongong, New South Wales 2500
Ph:+61 2 4201 0236
It is your responsibility to keep Builders Profits up to date with your contact details. If the customer fails in this, it could result in expiration of services.
Builders Profits reserves the right to refuse service and/or access to its products and services to anyone.
Builders Profits reserves the right to suspend or cancel a customer’s access to any or all services provided by Builders Profits when Builders Profits decides (at its absolute discretion) that the account has been inappropriately used or otherwise abused.
Individual accounts are to be used by the account holder only. Individual account holders are not permitted to sell, resell, store or give away any Builders Profits products, templates or services to other parties.
When purchasing products and services from Builders Profits, your financial details are passed through a secure server. If you have any questions regarding our security policy, please send an email to firstname.lastname@example.org.
If in the future, you buy services from us under any arrangement which does not involve your payment via our website, these terms still apply so far as they can be applied.
USAGE OF OUR SERVICES
Confidentiality: The Mentoring Program materials you receive are confidential and proprietary. These materials are unpublished works protected by copyright laws and no unauthorised copying, adaptation, distribution, storage or display is permitted. You agree not to use, disclose, or duplicate them, except within your company. We agree to honour the confidentiality of your trade secrets and intellectual property.
Use of Online Membership area: As part of your Private Mentoring program you will be given complimentary access to online material which you will be given unlimited access to while you are a client of Builders Profits.
However you agree not to share or give access to this material to anyone outside of your business and understand that any templates, training and materials provided through online means are owned by Builders Profits and you are granted the right to utilize this information and materials to help you in your business as part of your mentoring program. You also agree that once you leave Builders Profits services, you will forfeit the right to use this material and lose access to the online training materials.
Advisory: Our Mentoring and Business Development Program Services are advisory. You bear sole responsibility for the use and implementation of these services in your business.
Scheduling: Mentoring appointments can be re-scheduled with a minimum of 24 hours advanced notice. Otherwise, the mentoring appointment will be forfeited.
Holidays: From time to time, your Coach may need to take time away to observe holidays, take vacations, attend company events, etc. When this occurs, you will either enjoy a week without goals (no refunds will be given) or re-schedule additional mentoring appointments before or after the time away.
PROGRAM TERM AND PAYMENT SCHEDULES
While the initial contract for Mentoring and Business Development Program Services is 12 months, it is automatically renewed until terminated by either party to ensure continuity of accountability and results.
Time off for holidays: personal time and personal improvement have been factored into the 12-month term, and as such, no refunds or credits will be due when either you or your mentor has holidays or time off. You understand that additional time during 5-week months is allocated for holidays and other non-mentoring times during the year.
All monthly fees are due on the same day each month paid in advance.
All other training and specialised programs are at an additional investment to the above programs unless otherwise agreed.
If any law or changes in government impose a change in the nature of goods, services, consumption, value added or similar tax which is to be assessed or payable on any of the amounts of money which the Client must pay the Business Mentor , then this is payable by the Client to the Business Mentor when program fees are due for payment.
Contract Revisions and renewals: While the initial contract for Mentoring and Business Development Program Services is 12 months, it is automatically renewed until terminated by either party. Continuation of your program after the initial 12 months will be negotiated at the rates at that time and with favourable consideration to the existing agreement with most long-term clients enjoying their rate being “locked in” and protected from future increases.
This Agreement constitutes the entire understanding of the parties: Any changes or modifications to this Contract thereto are agreed to by both parties upon renewal of services.
Cancellation of services: The Expert Mentoring programs are for a minimum of 12 months after this you or your Mentor may elect to terminate this agreement at any time upon thirty days’ notice in writing.
Your final monthly investment will be due upon notice of termination.
Accountability and Indemnity. You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of our website, you posting any material, or the infringement by you, or by any other person using your computer, of any intellectual property or other rights of any person.
You agree to forever indemnify and hold harmless your Mentor and Builders Profits from and against any loss, cost or expense resulting from your activities related to the use of our services and Programs. You agree to be accountable for producing results in the Program so that your Mentor can ensure that you receive the education you need in order to enjoy a life-long journey of success in business.
You further understand that our role in your success is essentially that of a mentor, guide, and motivator to help you identify and keep you accountable to implementing the changes and strategies within your business that have been identified as being required to achieve the outcomes you desire.
The results you achieve are directly linked to your willingness to embrace change, your openness to learning how to do things a bit differently and having the discipline to stay focused and on task to complete the items identified within the 90 day plans you will create with your mentors’ guidance and be held accountable to.
Program Guarantee: The Mentoring programs that have a guarantee. You are guaranteed to make more profits than your program investment, or we will continue the program for FREE until you do. As long as you follow the program, commit the appropriate time working on your business each week, do the required tasks, including your documentation, and implement the marketing, sales and system strategies as suggested by your mentor. Your guarantee is based on a minimum commitment of 12months
Additional Services that may be offered outside of the mentoring and business development services covered by your agreement with Builders Profits and your mentor.
In the event that the content you create is critiqued and suggestions made or your content modified to enhance your copy, the following will apply:
- You will provide an overview of the purpose of the item being submitted for review
- You will carefully check the appropriateness of any changes made before using
- You will carefully check all copy, contact details, email, website addresses, etc. are correct including, spelling, grammar, typing errors or oversights that may have occurred during any changes or suggestions made.
Graphic Design/Content Creation
In the event that content is written and/or design services arranged for clients, the following will apply:
For design services, we will provide three options based on the design brief. Clients can request a reasonable number of changes to their chosen concepts until the design is to their satisfaction. Maximum of 2 revisions.
Sign off when the design is completed, the client will receive the final graphic design files via email.
Any further changes after sign off must be quoted and billed separately.
All Builders Profits graphic designs remain the copyright of the client. Copyright will be assigned to the client upon receipt of full payment.
Builders Profits provides the artwork in a print-ready file for the client’s use. It is the client’s responsibility to check all copy, contact details, email, website addresses, etc. are correct. Builders Profits or the designer will not be held responsible legally or otherwise for any undiscovered errors on the approved artwork. This includes, but is not limited to: spelling, grammar, colour problems, typing errors or oversights you have not located prior to printing. Please get your printer to provide you with a printed proof and thoroughly check the document and colours before printing.
This agreement shall be governed in all respects by the laws of New South Wales, Australia. The parties are to irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
DISCLAIMER: While every effort is made to ensure your success, Builders Profits will not be held liable or responsible for those who misuse, misinterpret or fail to implement suggestions and information designed to help them grow their businesses that are displayed on our website, delivered via mentoring Sessions, Youtube videos, articles, blogs or any other method of delivery.
Individual results are directly linked to the amount of effort, dedication and discipline of the individual(s) using our products and services and as such Builders Profits cannot be held responsible or liable for the varying results achieved.
- It is your responsibility to keep Builders Profits up to date with the contact details. If the customer fails in this, it could result in expiration of services.
- Builders Profits reserves the right to refuse service and/or access to its products and servers to anyone.
- Builders Profits reserves the right to suspend or cancel a customer’s access to any or all services provided by Builders Profits when Builders Profits decides (at its absolute discretion) that the account has been inappropriately used or otherwise abused.
- Individual accounts are to be used by the account holder only. Individual account holders are not permitted to sell, resell, store or give away Builders Profits services to other parties.
- If Builders Profits does not receive your design and content briefs within six month period from the date of your order and deposit/payment, your account will be suspended. Reopening your account will incur a $100 + GST administration fee. If your account remains suspended for the following three months, your account will be closed completely and all money paid and work ordered will be forfeited.
- During the design phase of your project, if you do not sign off your design and content within a six month period, Builders Profits reserves the right to suspend your account. Reopening your account will incur a $100 + GST administration fee. If your account remains suspended for the following three months, your account will be closed completely and all money paid and work ordered will be forfeited.
- We shall accept your order by e-mail confirmation. That is when our contract is made. Our message will also confirm details of your purchase receipt.
- The Customer warrants that it has the right to use the applicable trademarks, if any.
- When purchasing from Builders Profits your financial details are passed through a secure server. If you have any questions regarding our security policy, send an email to email@example.com
- If in future, you buy Services from us under any arrangement which does not involve your payment via Our Website, these terms still apply so far as they can be applied.
- Services offered may change without prior notice. If at any time a Service for which you have paid becomes unavailable, we will immediately refund any money you have paid. Our refund will cover the period of unavailability and not any period for which Services have been available.
- If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than seven days from the date of your order.
Cancellations & Refund
- All deposits and fees paid are non-refundable after the design and content brief are returned to Builders Profits, or after 14 days has elapsed since the date of deposit paid. Refunds will be less a $100+GST administration fee.
- Once the design and content work has been signed off prior to the website build, all fees are payable in due course, no cancellations will be accepted and all services ordered must be paid for in full.
- Fees charged on a prepay basis are non-refundable.
- If a customer contravenes the Builders Profits terms and conditions, Builders Profits reserves the right to terminate the service immediately with no refund.
- If Builders Profits is required to employ the services of a debt collector to pursue any overdue balance payment, a $100 + GST administration fee will be passed on to the customer and added to the customer’s invoice.
- If the customer’s website has been terminated due to cancellation or expiry, Builders Profits can reinstall the website within a 12 month period at the cost of $200 + GST providing the client has a backup of the website.
- All cancellations must be requested in writing.
Website Design and Support
- You will receive mock-up designs, depending on the package you purchased. Revisions are dependent on the package purchased.
- The customer is responsible for supplying the design, content, logo, images and or website concept, depending on the specifications of the package purchased.
- While you maintain full ownership of your content and design, some elements of the website designs remain the copyright of Builders Profits.
- In the event of you terminating your contract, you will be able to take full possession of your design and content of your site; however, the CMS software will remain on Builders Profits servers.
- If a logo has been purchased, this will need to be signed off before the website design is commenced.
- Builders Profits’ websites are self-managed and Builders Profits is not responsible for any copy, editing or updating of the client’s website. Builders Profits is under no obligation to do any work on your website unless contracted to do so.
- Builders Profits has a business hours help desk available by email 8:30am-5:00pm AEST on weekdays. This service is provided to direct you to information to solve a single problem.
- Builders Profits does not allow any of the following content or websites to be stored on its servers:
- Illegal material, including copyrighted works, commercial audio, video, or music files, and any material of any type in violation of any Federal, State or Local law or regulation anywhere in the world.
- Scripts – any script that creates a load on the server will be removed.
- Wares, including pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide ‘links to’ or ‘how to’ information about such material.
- Adult material, including pornography, erotic images, or otherwise lewd or obscene content of any type. In addition to this websites are not allowed to link to this type of content. What constitutes ‘adult material’ is entirely at the discretion of Builders Profits.
- Websites that promote the sex service industry, which includes but is not limited to prostitution or ecdysiast.
- For design services, we will provide three options based on the design brief. Clients can request a reasonable number of changes to their chosen concepts until the design is to their satisfaction. Maximum of 2 revisions.
- Sign off when the design is completed, the client will receive the final graphic design files via email.
- Any further changes after sign off will need to be quoted and billed separately.
- All Builders Profits graphic designs remain the copyright of the client. Copyright will be assigned to the client upon receipt of full payment.
- Builders Profits provides the artwork in a print-ready file for the clients use. It is the client’s responsibility to check all copy, contact details, email, website addresses etc. are correct. Builders Profits or the designer will not be held responsible legally or otherwise for any undiscovered errors on the approved artwork. This includes, but is not limited to; spelling, grammar, colour problems, typing errors or oversights you have not located prior to printing. Please get your printer to provide you with a printed proof and thoroughly check the document and colours before printing.
Builders Profits shall not be liable for any taxes or other fees to be paid in accordance with or related to sales made by the Customer using Builders Profits’ server. The Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold by the Customer.
This Agreement constitutes the entire understanding of the parties. Any changes or modifications to this Contract thereto are agreed to by both parties upon renewal of services.
This agreement shall be governed in all respects by the laws of New South Wales, Australia. The parties are to irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site, your posting any Material or the infringement by you, or by any other person using your computer, of any intellectual property or other rights of any person.
- Builders Profits and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, shall not be liable, under any circumstances or legal theories whatsoever, for any loss of business, profits or goodwill, loss of use or data, interruption of business, or for any indirect, special, incidental or consequential damages of any character, even if Builders Profits is aware of the risk of such damages, that result in any way from the Customer’s use or inability to use the online services or the software, or that result from errors, defects, omissions, delays in operation or transmission, or any other failure of performance of the website, servers or the software.
- Builders Profits makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Builders Profits also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer.
- Use of any information obtained by way of Builders Profits is at the Customer’s own risk, and Builders Profits specifically denies any responsibility for the accuracy or quality of information obtained through its services.
- Builders Profits expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Builders Profits specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
Builders Profits is committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience. This Statement of Privacy applies to the Builders Profits Web site and governs data collection and usage. By using the Builders Profits’ website, you consent to the data practices described in this statement.
Collection of your Personal Information
Builders Profits collects personally identifiable information, such as your e-mail address, name, home or work address or telephone number. Builders Profits may also collect anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, interests and favourites.
There is also information about your computer hardware and software that is automatically collected by Builders Profits. This information can include; your IP address, browser type, domain names, access times and referring Web site addresses. This information is used by Builders Profits for the operation of the service, to maintain the quality of the service, and to provide general statistics regarding use of the Builders Profits Web site.
Builders Profits encourages you to review the privacy statements of Web sites you choose to link to from Builders Profits so that you can understand how those Web sites collect, use and share your information. Builders Profits is not responsible for the privacy statements or other content on Web sites outside of the Builders Profits and Builders Profits’ family of Web sites.
Use of your Personal Information
Builders Profits collects and uses your personal information to operate the Builders Profits Web site and deliver the services you have requested. Builders Profits also uses your personally identifiable information to inform you of other products or services available from Builders Profits and its affiliates. Builders Profits may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
Builders Profits does not sell, rent or lease its customer lists to third parties. Builders Profits may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. In addition, Builders Profits may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Builders Profits, and they are required to maintain the confidentiality of your information.
Builders Profits does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.
Builders Profits keeps track of the Web sites and pages our customers visit within Builders Profits, in order to determine what Builders Profits services are the most popular. This data is used to deliver customised content and advertising within Builders Profits to customers whose behaviour indicates that they are interested in a particular subject area.
Builders Profits Web sites will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Builders Profits or the site; (b) protect and defend the rights or property of Builders Profits; and, (c) act under exigent circumstances to protect the personal safety of users of Builders Profits, or the public.
The Builders Profits Web site uses “cookies” to help you personalise your online experience. A cookie is a text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalise Builders Profits pages, or register with Builders Profits site or services, a cookie helps Builders Profits to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Builders Profits Web site, the information you previously provided can be retrieved, so you can easily use the Builders Profits features that you customised.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Builders Profits services or Web sites you visit.
Security of your Personal Information
Builders Profits secures your personal information from unauthorised access, use or disclosure. Builders Profits secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorised access, use or disclosure. When personal information (such as a credit card number) is transmitted to other Web sites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.
Changes to this Statement
Builders Profits will occasionally update this Statement of Privacy to reflect company and customer feedback. Builders Profits encourages you to periodically review this Statement to be informed of how Builders Profits is protecting your information.
Builders Profits welcomes your comments regarding this Statement of Privacy. If you believe that Builders Profits has not adhered to this Statement, please contact Builders Profits. We will use commercially reasonable efforts to promptly determine and remedy the problem.
I have read and understood Builders Profits terms and conditions, and I agree that they form part of the contract between us. If I am under the age of 18 years, I confirm that I have brought the terms and a condition to the notice of my parent or guardian, and that person has agreed that I may buy your Services.