Business Accelerator Terms & Conditions
Updated 28 September, 2020
The following are terms of a legal agreement between you and JPAK Advantage Pty Limited (ABN 32 137 772 831) trading as Step Up Profits (“Company”, “we”, “us”).
By purchasing the Business Accelerator (“Program” ) from Company you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations.
By participating in the Company’s Business Accelerator, you agree to abide by these Terms and Conditions
2. TERM, PAYMENT & MODIFICATION:
Term: The Business Accelerator term is for 6 months commencing on the initial payment date.
- One-off payment of A$15,000 (excluding GST), OR
- 6 x A$3,000 monthly payments (excluding GST)
Client agrees to pay to Company all applicable charges to its account, in accordance with the payment terms and conditions and/or payment plan, including all applicable taxes.
If Client has elected to pay Company by credit card, Client agrees to authorise Company to charge its credit card in advance for such payments and for any amounts owed under this Agreement.
If the Client’s payment fails or is not able to be processed within 10 business days of the payment due date, the Client’s access to any training, coaching, or consulting will be removed until payment is received. In the event collection proves necessary, the Client agrees to pay all fees (including all legal fees and court costs) incurred by that process.
3. METHOD OF PAYMENT:
The client must set up direct withdrawal from a valid, sufficiently funded bank account or provide a valid credit card with sufficient credit under this agreement.
4. REFUND POLICY AND CANCELLATIONS:
If you choose not to go ahead with the Program before it has started, you may request a refund by writing to [email protected].
The Program is deemed to have commenced – and payment no longer refundable – if the Client has submitted the Personal Assessment Intake Form for review or utilised more than 5 hours of the Virtual Support Services.
5. SERVICES PROVIDED:
- 1:1 Kick Start Strategy Session
- 90-day project remapping sessions
- Lifetime access to Signature System Program modules
- Lifetime access to GrowthWorks, the world’s first done-for-you content engine, through our Enterprise arrangement with Fletcher Method
- 2 x 1:1 mentoring calls with Jess to be used anytime within the 6 months
- Fortnightly group calls on Mindset, Marketing & Multipliers
- Project Management Portal (Basecamp)
- Unlimited messaging access via Project Management Portal
- BONUS: VA package/marketing support package up to 20 hours credit each month*
- BONUS: monthly group energy activation session
- BONUS: access to Positive Intelligence app and PQ Program under license from PositiveIntelligence.com
For the avoidance of doubt, any web assets utilised or created, including software or functionality required as part of the service will be for the client’s account and has not been included in the payment, for example, but not limited to, web hosting, autoresponders, CRM systems, video hosting, tracking software, etc.
*Unused VA marketing support hours do not roll over each month.
6. OWNERSHIP OF NON-CLIENT PROPERTY:
Title and full ownership rights in and to the Signature System program frameworks, strategies, and systems, together with any and all ideas, concepts, computer programs, and other technology supporting or otherwise relating to the Company’s operation of the Company network and website(s) (collectively, the “Company Materials”), shall remain at all times solely with Company and/or with the respective outsourced service provider or author.
The client acknowledges that it has not acquired any ownership interest in the Company Materials and will not acquire any ownership interest in the Company Materials by reason of this Agreement.
7. NO LICENSE:
Nothing contained in this Agreement or use of The Business Accelerator program materials should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by the Company or by any third party.
8. CONFIDENTIAL INFORMATION:
All information disclosed by Company to the Client shall be deemed Confidential Information, regardless of whether marked or identified as “CONFIDENTIAL” or “PROPRIETARY.” Notwithstanding anything to the contrary, Confidential Information shall also include, and the provisions of this Agreement shall apply to any other information in oral, written, graphic or electronic form which, given the circumstances surrounding such disclosure to or learning by Client, would be considered confidential.
8.1 “Confidential Information” means any non-public, oral, written graphic or machine-readable information, including but not limited to, that which relates to patents, patent applications, trade secrets, research, product plans, products, developments, inventions, processes, designs, drawings engineering, formulae, markets, market research, market plans, software (including source and object code), hardware configuration, computer programs, algorithms, regulatory information, business plans, pricing, agreements with third parties, services, customers, marketing or finances of the Company or one of its subsidiaries or affiliates.
8.2 Furthermore any Confidential or Proprietary Information that has been developed or created by the Company during the exchange of money for services, is legally owned by you as the Client.
Client shall not in any way: (i) disclose or otherwise transfer Confidential Information to any third party at any time, including consultants, except as approved by Company in writing in advance; (ii) use (except as specifically permitted in writing by Company), copy. Modify and/or transfer the Confidential Information and/or merge the Confidential Information with any other technology, formula, or materials; (iii) to the maximum extent permitted by applicable law reverse engineer any of the Confidential Information; and/or (iv) disclose the parties’ discussions about the Confidential Information. The client agrees that it will disclose the Confidential Information only to its employees who have a specific need to know regarding the Coaching and/Consulting Services and only to the extent necessary for such purpose.
You hereby acknowledge that Company is not responsible for the maintenance of your website(s); nor is Company responsible for order entry, payment processing, shipping, cancellations, returns, or customer service concerning orders placed on your website(s).
11. FINANCIAL RESPONSIBILITY:
Every individual’s success depends on many factors, including his or her background, dedication, desire, motivation, and the nature of the business in which he or she is engaged.
By entering into this agreement, you represent to the Company that payment of any fees related to this Program will not place a significant financial burden on you or your family and that any decisions or actions you take in response to advice or information acquired in the Program, and their consequences, are your sole responsibility.
12. LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER:
Company makes no representations or warranties relating to the results of Coaching and Consulting Services, including, without limitation, the number of impressions or click-throughs and any promotional effect or return on investment thereof. As Company relies on third parties for certain data, Company makes no guarantees regarding the accuracy, reliability, or completeness of any usage statistics.
In no event shall Company be responsible for any consequential, special, lost profits, or other damages arising under this Agreement.
Neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action, fire, flood, earthquake, power failure, riot, explosion, labor, or material shortage, carrier interruption of any kind or work slowdown.
13. CHOICE OF LAW; EXCLUSIVE VENUE:
This Agreement shall be construed in accordance with the laws of the state of New South Wales, and the parties agree that should any dispute arise concerning this Agreement, venue shall be laid exclusively in a court of competent jurisdiction in New South Wales, Australia.
This agreement is executable upon successful payment from the Client. By purchasing the Business Accelerator Program from the Company, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations. This Agreement may be signed electronically, in counterparts.