The Online Fix

Terms and Conditions

 

Agreement

These are the terms and conditions upon which The Online Fix Pty Ltd (ACN 167 822 906). The Online Fix Pty Ltd (“ToF” “us” “we” “our”) offers services to Clients (“Client” “you” “your”).  This agreement will commence when you indicate that you wish to engage  our services. We may vary these terms from time to time so we suggest that you re-visit this page to stay informed of any changes that have been made.

 

Coaching and Consulting Services

The specific terms of our consulting services will be set out in detail in our proposal, and form part of this agreement.  Coaching sessions are available for pre-purchase to be used within a 12-month period. The content of coaching sessions varies in response to Client needs, and Client goals may vary throughout the duration of this agreement.  

Quotes and Proposals

Our services are tailored to meet specific Client needs.  We will provide you with an email quote or proposal depending upon the services required.  Our quotes and proposals are open for 30 days after which time, prices may vary. 

 

Media

Some of our services may include us making third party payments on your behalf.  This includes for example, Google Adwords or Facebook Advertising.  The cost of these third party services are payable in addition to our consulting fees, and will be invoiced to you separately.  By authorising us to proceed with using third party services, you are agreeing to pay the costs we pay on your behalf.

 

Payment

Our services are offered on a pre-purchased basis requiring full payment upfront by way of direct deposit into our account , by PayPal or credit card.     

 

Appointments

Coaching sessions will be held at a mutually agreed upon time and venue. The length of our sessions may vary as agreed between us prior to or during each session.  Our services do not extend to providing support outside of scheduled sessions.

 

Cancellations

We require 24 hours’ prior notice to cancel or reschedule an appointment.  Cancellations after this time will be considered a forfeited appointment.  If a client fails to attend three scheduled appointments without providing notice in accordance with this clause, this Agreement will be terminated and the Client will be deemed to have forfeited the services. 

 

Variations and Price Adjustment

During the course of coaching or consulting services the scope of the work can change, triggering a price increase.  This can occur due to a number of factors such as a change in client preferences or goals.  Where a change in the scope of work gives rise a variation in price, ToF will notify Clients as the variation is identified, prior to proceeding with the services.  If you agree that we should proceed with additional work, you are agreeing to pay the adjusted price.

 

Online Program

ToF offers a self-paced online program to show participants digital marketing tools such as how to target the right people and how to convert website visitors to customers.  Online programs are offered in three packages.  The content of the package varies per package but generally, participants will receive:

·       Access to 5 modules with more than 20 videos;

·       Worksheets;

·       Access to ongoing support in a Facebook group for as long as you need it. 

 

Additional features in the non-basic packages include:

·       Weekly live group coaching,

·       Transcripts and recording of the weekly sessions;

·       One-on-One coaching (limited spaces available, subject to availability).

 

You can commence the online program at any-time and all content is immediately available to you for a 12 month period.

 

Payment

Generally, payment upfront at the time that you purchase our online program, which can be made by PayPal and credit cards through our website.  One of the packages offers a monthly payment plan.  If a payment is not received on the schedule date, ToF will not provide any further services until payment of all outstanding sums is made.

 

Participation Requirements

Participants are responsible for maintaining confidentiality of account, username and password information.  If you are accessing and using an account on behalf of someone else, you represent that you have the authority to bind that person as principal to these Terms and Conditions. 

 

Participants agree to use the ToF online program in accordance with this agreement, in good faith and in a way so as to not bring disrepute or cause reputational or other damage to us.  Participants agree that you will not use the website in a way that is fraudulent, unlawful, invasive of another’s privacy; infringes the intellectual or other proprietary interests of third parties; contains viruses or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the website or any other computer software, hardware or other electronic equipment; or encourages or incites any other person to engage in any of the above behaviour.

 

You also agree that you will not use technology or other means that is not authorised by us to access the website; use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," to access the website; gain or attempt to gain unauthorised access to the website including the networks or user accounts; or attempt to or engage in conduct that damages, disables, overburdens, or impairs the website, servers or networks.

 

Breaches

If we reasonably suspect that a breach of this agreement has occurred, we may:

(a)        issue a formal warning;

(b)        suspend or prohibit access to the online program;

(d)        block access to the online program;  

(f)         take legal action against you,

(g)        suspend or delete your account, and

(h)        report a matter to law enforcement.

If we suspend or prohibit or block your access to the online program, action taken by you to circumvent suspension or prohibition or blocking will be considered as a further breach of this agreement. 

 

Termination

You can cease participation in the online program at any time, however given that you have access to the materials in advance, the program fees are non-refundable. 

 

Indemnity

You agree to indemnify keep ToF fully indemnified against all claims by any person whatsoever for injury, loss or damage suffered in connection with your use of the online program and any claim whether in tort or contract for any loss, damage, or delay, including any special, indirect or consequential loss, loss of profit or revenue, loss of expected savings, loss of business contracts, opportunity costs, loss or reduction of goodwill, and damage to reputation howsoever arising; and all reasonable costs arising from ToF defending a claim arising from your use of the website.  ToF does not have to have incurred these costs to claim on this indemnity.

 

Our Obligations

ToF will take reasonable steps to ensure the ongoing effective operation and maintenance of the website and take steps to repair technical issues that arise from within the website within a reasonable time, insofar as the issues are of a global nature, and do not arise from individual use.

 

Your Commitment

The success of our services is dependent upon Client co-operation.  We may ask Clients to provide us with information, assistance or to complete certain tasks.  For us to service all of our Clients efficiently, we ask Clients to respond to our requests in a timely manner. 

 

We are here to assist you with your goals including learning or improving your knowledge of how to create leads for your business.  However, it is your responsibility to implement the learnings that we teach and to follow up on leads that you generate.

 

You agree that ToF may at times use client’s businesses as case studies for marketing purposes.  If you do not want ToF to do so, please communicate this in writing to us.

 

Exclusivity

The success of our work with you could be impacted if you seek similar coaching services from at the same time as seeing ToF.  We ask that you inform us of any current or proposed relationship with any other coach or consultant.

 

Relationship

The relationship between the parties is one of an independent service provider.  Nothing in this agreement should be construed as creating an employment, partnership or joint venture arrangement.

 

Advisory Services

All advice provided by ToF is given in accordance with the Australian Consumer Law.  Any forecasts and/or projections are based on our experience and information available to us. We assist clients by providing tools to establish goals and targets, we do not provide performance guarantees unless expressly stated. Any guarantees are subject to the terms and conditions for that guarantee.  If you decide to depart from advice that we give, it is important that you understand that results may be diluted. 

 

Privacy and Confidentiality

We protect the privacy and confidentiality of our Clients. We do not use third-party mailing lists and no Client details from our mailing list are passed on to third parties.  We respect the confidentiality of our commercial Clients and all communications and commercially sensitive information will remain confidential between us.

 

Copyright and Intellectual Property

ToF retains all copyright and Intellectual Property Rights in any materials produced by us (whether registered or unregistered) including but not limited to worksheets, digital behaviour map template our framework.  All material is provided by ToF to Clients, workshop participants or users of our online program on the condition that they are only used for personal use, and may not be copied, reproduced, edited or distributed by anyone without our prior written consent.  This clause survives termination of this Agreement.

 

License to You.

ToF retains all ownership and proprietary rights in the website and hereby grants you the non-exclusive, non-transferable, limited right to use the website.  This license commences upon your acceptance of these terms and conditions and continues until termination.  ToF has the discretion to terminate your license immediately and without notice if you breach this license and reserve our rights to take action against you.  All rights not specifically granted under this Agreement are reserved by ToF and, as applicable, its licensors.  

 

This limited license excludes the right to frame or utilize framing techniques to enclose the website or any portion of the website; republish, redistribute, transmit, sell, or license the website or any content (except as necessary to use the website);  make any use of the website or any and/or all content other than for personal use; modify, reverse engineer or create any derivative works based upon the website or any and/or all content; collect account information for the benefit of yourself or another party; use any meta tags or any other hidden text utilizing any and/or all website content; use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure or server; download any image or content and pass it off as your own, or provide it to a third party or republish or distribute it.

 

Warranties and Indemnities

Any forecasts and/or projections referred to by ToF are tools to provide goals and targets, and are not performance guarantees.  ToF does not provide any guarantees or warranties that the Client will achieve specific results or outcomes, unless expressly provided.  The services provided by ToF are designed to guide clients and to provide information, advice and tools.  ToF is not liable for a failure to provide the services if you do not implement our recommendations.

 

The Client is responsible for doing all things necessary to ensure the safety of ToF representatives when attending your premises and you agree to indemnify ToF for any injury, loss, or damage that arises to a representative or his/her belongings while on the Client’s premises.  At times ToF  may arrange for meetings at a third party venue, in which case neither ToF or the client is liable for any loss, damage or claim that may arise from attending at a third party venue. 

 

At times we may suggest that Clients seek assistance from a third party provider.  Any recommendations made by us are based on our opinion only and ToF does not warrant the performance of any third party provider who is not contracted by us, and any engagement between you and any third party is on terms between you. 

 

Neither party will ToF be liable for any default due to an act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond that party’s reasonable control. 

 

ToF does not warrant that the functional aspects of the online program will be uninterrupted or error free or that our website, its content or the server are free of viruses or other harmful components.  ToF does not guarantee against third party interference nor that our website or its content will be compatible with third party software or hardware.

 

Termination

This agreement will terminate automatically upon completion of the services required.  This agreement may be terminated without notice if the Client fails to pay any amounts owing by the due date, or if the Client breaches any other term of this agreement.  The obligation to pay survives termination of this agreement. 

 

Governing Law

This agreement is governed by the laws of Victoria, Australia and the parties consent to the jurisdiction of the Victorian Courts.

 

Severability

If any provisions of this Agreement are held by a court to be invalid, the invalid clauses are to be deemed omitted to the extent they are invalid, and the remaining provisions of this Agreement will remain in full force and effect.