1. TERMS AND CONDITIONS
1.1 Term
a. The agreement commences on the Commencement Date whereby a lifetime of access to coaching will be provided from this date. This agreement comes to an end at the expiry of the programme
a. Subject to the terms of this agreement, SBE Consulting Pty Ltd must supply the Services to the Client in consideration of the Client paying the Fee to SBE Consulting Pty Ltd.
b. As per the Services in section 1, The StartUp Blueprint is a self-led, course whereby there is no hand holding. The Client agrees to show up and utilise what is available to them in the program and do the work.
c. The Client will retain access to the pre-recorded The StartUp Blueprint modules and templates for lifetime.
d. SBE Consulting Pty Ltd will commence the provision of the Services on the Commencement Date, and continue to supply it until this agreement is terminated pursuant to these terms. The Client acknowledges that SBE Consulting Pty Ltd may deliver the Services within a reasonable time after the Commencements Date, as SBE Consulting Pty Ltd may require time to undertake consultation with the Client and time to prepare the Product.
e. The Services will be supplied by SBE Consulting Pty Ltd until this agreement is terminated pursuant to these terms.
f. The Services may be supplied by such employees, contractors or agents that SBE Consulting Pty Ltd may choose as most appropriate to carry out the supply.
g. The Client must:
1.2. provide assistance to SBE Consulting Pty Ltd as reasonably required so that SBE Consulting Pty Ltd may competently perform its duties under this agreement; and;
1.3. SBE Consulting Pty Ltd will attempt to obtain the goals of the Client. The Client acknowledges that SBE Consulting Pty Ltd makes no representation that the goals can be achieved.
1.4. Complete all necessary modules & tasks to the best of their ability in the endeavour to reach the goals set between SBE Consulting Pty Ltd & The Client.
j. A Client residing outside Australia and New Zealand understands that most program activities are conducted during Australian business hours.
1.5 Schedules of group-based experiences such as Mastermind group calls cannot be changed.
1.6 By opting into this agreement, you acknowledge that NLP practices, therapeutic hypnosis, and breathwork may be used periodically as tools for your development. You understand that you participate in these practices at your own risk and are responsible for ensuring they are suitable for your personal health and circumstances.

2. Fees, Expenses & Debit Facility
a. The fee payable by the Client for the provision of the Services is inclusive of GST.
b. If the Client requires additional modifications to the services, additional charges may be incurred and will be discussed with the Client prior to any work being undertaken.
c. Once signed this agreement is final. Should there be a cancellation of this agreement by you for any reason, you will still be required to pay for the entire agreement in full within (7 days) of cancelling this agreement.
d. If the Client fails to pay the Fees and Expenses as set out in this Agreement and any invoice remains overdue after 3 business days from the payment plan date, the Service Provider reserves the right to charge interest at the rate of 2.5% above the Consumer Price Index as at that date on all outstanding amounts until paid in full.
d. If any amounts remain outstanding for SBE Consulting more than 14 days, the Service Provider may refer the matter to a debt collection agency or solicitor and the Client will be liable to pay any costs the Service Provider incurs or becomes liable to pay for the collection of such unpaid amounts, including but not limited to debt collection fees, charges and commissions and legal fees and costs on a full indemnity basis.

3. Confidentiality
3.1 With respect to the Services, the Client must keep confidential all information and technical data disclosed by SBE Consulting Pty Ltd to the Client.
3.2. not use any of SBE Consulting Pty Ltd disclosures or other information or technical data except for the purposes specified in this agreement.
3.3. SBE Consulting Pty Ltd must not, without the prior written consent of the Client, use or disclose any documents in connection with the Services of this agreement, which is marked confidential by the Client related to the Services (“Confidential Information”), other than as necessary to provide and/or maintain the Services.
3.4. Despite the above, either Party may disclose Confidential Information if and to the extent that:
3.5 Such disclosure is required by law


4. Intellectual Property
4.1. We may use the intellectual property of other persons in providing the Services, whether under licence or other authorisation or permission of the intellectual property owner. We acknowledge the intellectual property of others as appropriate and as required by law. We own the intellectual property in all coaching and training materials and the material on our website and grant no licence with respect to our intellectual property. It is retained for our
exclusive use.
4.2. All intellectual property created by you during any appointment is retained by you and is not owned or retained by us.
4.3. You are not permitted to make any audio-visual recording of any Services
(including still photography) without our express permission, which may be subject to further agreement and fees.
4.4 While this agreement is in force, SBE Consulting Pty Ltd provides a non-exclusive, non-transferrable, royalty free licence to the Client to access, use, customise, communicate and reproduce SBE Consulting Pty Ltd’s Intellectual Property to the extent necessary for the Client to obtain the benefit of the Services. When this agreement ends or is terminated, the licence specified in this clause is automatically revoked, and the Client no longer has any permission to access, use, customise, communicate or reproduce any of SBE Consulting Intellectual property.
4.5. Under no circumstances can our templates or worksheets, content and other templates provided be copied, shared or repurposed for sale.

5. Warranties, Liability, indemnities & Limitation of Liability
a. SBE Consulting Pty Ltd provides the Services to the Client at the request of the Client.
b. The service is provided without warranty of any kind, express or implied.
c. SBE Consulting Pty Ltd does not warrant that:
5.1. the Services will be error free, or
5.2. the Services will be provided without interruption.
d. If SBE Consulting Pty Ltd supplies the Services (or any part of it) negligently or in breach of this agreement, then the Client must give SBE Consulting Pty Ltd the opportunity to re-supply the relevant part of the Services to rectify the same.
e. SBE Consulting Pty Ltd provides no warranty that any Goal, result or objective can or will be achieved or attained at all or by any completion date or any other date, whether stated in this agreement or elsewhere.
f. Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the Competition and Consumer Act 2010 or the Fair Trading Act (or similar legislation) in each of the States and Territories of Australia where SBE Consulting Pty Ltd undertakes the work, except to the extent permitted by those Acts where applicable.
g. Without limiting any other term in this document, where the Client is a consumer (as defined by the ACL) but the goods or services supplied by SBE Consulting Pty Ltd to the Client are not of a kind ordinarily acquired for personal, domestic or household use or consumption, SBE Consulting Pty Ltd's liability under the consumer guarantees (as defined by the ACL) is limited, at SBE Consulting Pty Ltd’s option, to one or more of the following;
1. re-supplying the Services supplied to the Client again;
h. In all other circumstances, and without limiting any other term in this document, to the full extent permitted by law, (including but not limited to the ACL, any relevant federal, State or local statute as amended from time-to-time and the common law), SBE Consulting Pty Ltd will not be liable in
any circumstances for any Loss or damage (including consequential loss or damage including loss of profit) to the Client or any property or person whatsoever arising out of or connected with:
these terms;
1. the Client’s access to, use of or inability to use any of the product or Services.
2. the provision of the any product or Services under this agreement;
3. the delay in delivery, delay or non-delivery of any product or Services supplied to the Client; or
4. the delay in completing or a breach of this document by SBE Consulting Pty Ltd.
i. The Client indemnifies SBE Consulting Pty Ltd and each of SBE Consulting Pty Ltd’s employees, contractors and agents against any Loss, Claim, damage or expense (including legal fees on a full indemnity basis) incurred by SBE Consulting Pty Ltd or any of SBE Consulting Pty Ltd’s employees, contractors and agents arising directly or indirectly out:
1. infringement of third party Intellectual Property, or third party Losses by reason of or arising out of any information supplied to the Client by SBE Consulting Pty Ltd, its employees, agents or consultants, or
supplied to SBE Consulting Pty Ltd by the Client within or outside of the scope of this agreement; or
2. of any breach by the Client of this agreement; or the Client failing to follow the reasonable advice of SBE Consulting Pty Ltd.
j. Please note that we provide coaching, mentoring & general information only. Our Services should not be taken as, or substituted for, professional financial, legal, taxation or medical advice. We recommend you seek out personalised advice in these areas according to your needs.


6. Termination
a. SBE Consulting Pty Ltd reserves the right to immediately terminate the agreement in the event that:
6.1. the Client fails to pay the Fee within the agreed terms;
6.2. the Client becomes an externally administered body corporate or insolvent,
bankrupt, or subject to laws relating to guardianship or diminished mental capacity;
6.3. if SBE Consulting Pty Ltd believes the any product and Services is being used by the Client to commit illegal or unauthorised activity; or
6.4. if the Client fails to follow the reasonable advice of SBE Consulting Pty Ltd
6.5. If any behaviour such as or similar to; misconduct, gaslighting, ongoing negativity, defamation is displayed, SBE Consulting Pty Ltd reserves the right to remove the Clients access immediately.
6.6. SBE Consulting Pty Ltd reserves the right to close the program and revert access at any time.
b. Without limiting any other term, SBE Consulting Pty Ltd has no liability to the Client for termination of the agreement in accordance with this clause.
c. SBE Consulting Pty Ltd reserves the right to cancel access immediately should your account remain outstanding for five (5) days overdue. Not only will you be terminated from the programme you will be removed and invoiced for your remaining contractual obligation. You may change your method of payment with us at any time.

7. Miscellaneous
a. This agreement may only be amended in writing signed by duly authorised representatives of the parties.
b. This agreement expresses and incorporates the entire agreement between the parties and supersedes and excludes any prior or collateral negotiation, understanding, communication, representation or agreement by or between the parties.
c. Nothing in this document makes ineffective, or reduces, any protection at law from liability which SBE Consulting Pty Ltd is entitled to in the state or territory of the applicable law.
d. This agreement does not constitute or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between the parties other than the contractual relationship expressly provided for in this agreement.
e. The Client does not have, and must not represent that it has any authority to make any commitments on SBE Consulting Pty Ltd's behalf.
f. This agreement is governed by and construed under the law of the State of Queensland. Any legal action relating to this agreement must be brought in any court of competent jurisdiction in the State of Queensland, and the parties irrevocably, generally and unconditionally submit to the exclusive jurisdiction of the courts of that State.
g. Any failure by the parties to exercise any right under this agreement in whole or in part does not operate as a waiver.
h. Any provision or part provision of this agreement that is invalid, unenforceable or illegal for any reason in any jurisdiction, is invalid, unenforceable or illegal in that jurisdiction to that extent. It will not invalidate, make unenforceable or illegal, or affect the remaining provisions of this agreement or the validity, enforceability or legality of that provision in any other jurisdiction.
i. The Client must not transfer any right or liability under this agreement without the prior written consent of SBE Consulting Pty Ltd.
j. SBE Consulting Pty Ltd may assign it's rights or liabilities under this agreement at its absolute discretion.
k. This agreement may be executed in any number of counterparts, all of which taken together are deemed to constitute the same agreement.
l. Any notice may be served by delivery in person, by post or by email to the address or email of the recipient most recently notified by the recipient to the sender.
m. Any notice to or by a party under this document must be in writing and signed by either the sender or, if a corporate party, an authorised officer of the sender or the party’s solicitor.
n. Any notice is effective for the purposes of this document on delivery to the recipient or production to the sender of a fax confirmation report before 4.00 pm local time on a day in the place in or to which the written notice is delivered or sent or otherwise at 9.00 am on the next day following delivery or receipt.
o. The addresses for service for notices of the parties are the addresses specified above or any address a party advises the other in writing from time to time.
p. The terms specified in the Special Conditions apply to this agreement. In the event that there is any inconsistency between the terms in this Section 3 and the terms of the Special Conditions, the Special
Conditions take priority.

8. Indemnity & Defamation
8.1 You indemnify us in respect of any loss or damage suffered by us (including loss or damage to equipment or personnel due to theft, injury or accident) due to any action or omission of you or any participant in any workshop delivered pursuant to this agreement. This clause survives termination of this agreement.
8.2 This contract stipulates that the client is prohibited from disparaging the service provider by any means, including verbally, in writing, through email, in person, or via social media platforms. This non-disparagement obligation extends beyond the duration of this agreement and survives its termination.

9. General
(a) Time is of the essence in this agreement. No extension or variation of this agreement will operate as a waiver of this provision.
(b) We won’t voluntarily assign or otherwise transfer our obligations under this agreement without your prior consent, however, we may sub-contract one or more aspects of the Services, provided always that we will remain the head contractor and will be responsible for the delivery of the Services in accordance with this agreement.
(c) This agreement is the entire agreement and understanding between the parties on everything connected with the Services, and supersedes any prior understanding, arrangement, representation or agreements between the parties as to the Services.
(d) If anything in this agreement is unenforceable, illegal or void, it is severed, band the rest of the agreement remains in force.
(e) Any waiver by any party to a breach of this agreement will not be deemed to be a waiver of a subsequent breach of the same or of a different kind.
(f) Neither party will be liable to the other party for any loss caused by any failure to observe the terms and conditions of this agreement, where such failure is occasioned by causes beyond its reasonable control including, but not limited to, by fire, flood, riot, strike, war, restrictions and prohibitions or any other actions by any government or semi government authorities, or major injury or illness of key personnel.
(g) The law of Queensland governs this agreement and the parties submit to the non-exclusive jurisdiction of the courts of Queensland.
(h) A notice or other communication to a party must be in writing and delivered to that party in one of the following ways:
(i) delivered personally;
(j) posted to their address, when it will be treated as having been received on the second Business Day after posting; or
(k) sent by email to their email address, when it will be treated as received when it enters the recipient’s information system.

10. Definitions
In this agreement:
(a) Agreement means this agreement between us and the Client.
(b) Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
(c) Business Day means a day on which banks are open for business in Brisbane, other than a Saturday, Sunday or public holiday.
(d) Confidential Information refers to any data or information relating to us or the Client, whether business or personal, written or oral and regardless of how or when it was provided to the other party, which would reasonably be considered to be private or proprietary to the disclosing party and that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to us or the Client, and includes the terms of this agreement (except to the extent that disclosure of the terms is necessary for the purpose of legal or financial advice).
(f) Intellectual Property means all intellectual property rights of any kind, in any jurisdiction, subsisting now or in the future (including, without limitation, business, company or trade names, domain names, patents, inventions, copyright, design rights, know-how, trade marks, the right to sue for passing off and rights to use, and protect the
Service provider and the confidentiality of confidential information), whether registered or unregistered, and including the rights to apply for or renew the registration of any such rights and any rights the subject of any lapsed application or registration, as well as all digital and electronic rights.
(g) Nominated Account means our account with details as stated in our invoice.
(h) Services means the services set out in our Proposal.
7. Interpretation In the interpretation of this agreement:
(a) References to legislation or provisions of legislation include changes or re-enactments of the legislation and statutory instruments and regulations issued under the legislation;
(b) Words denoting the singular include the plural and vice versa, words denoting individuals or persons include bodies corporate and vice versa, references to documents or agreements also mean those documents or agreements as changed, novated or replaced, and words denoting one gender include all genders;
(c) Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this agreement;
(d) Grammatical forms of defined words or phrases have corresponding meanings;
(e) Parties must perform their obligations on the dates and times fixed by reference to Brisbane, Queensland, Australia;
(f) Reference to an amount of money is a reference to the amount in the lawful currency of the Commonwealth of Australia;
(g) If the day on or by which anything is to be done is a Saturday, a Sunday or a public holiday in the place in which it is to be done, then it must be done on the next Business Day;
(h) References to a party are intended to bind their executors, administrators and permitted transferees; and
(i) Obligations under this agreement affecting more than one party bind them jointly and each of them severally.

11. Acceptance
You will be taken to have accepted the offer contained in this agreement on the happening of:
(a) Receipt by me of your signed copy of the agreement;
(b) Receipt by me of your written or verbal acceptance of the terms of the agreement;
(c) Receipt by me of your payment after you have received a copy of this agreement; or
(d) Receipt by me of your written or verbal instructions to provide the Services after you have received a copy of this agreement, whichever occurs first.
(e) Confirmation email from electronic opt-in by service providers system

12. EXECUTION PART
This agreement commences on the date that it is accepted by you and will remain in force for the Initial Term, unless extended by agreement or terminated earlier. The parties commit to a review of this arrangement at the end of the Initial Term. By executing this document, the Client agrees to be bound by the terms and conditions contained in Section 1.

Who must sign this Agreement on behalf of the Client:
For Companies: Where there is only one director for the company then that person must sign; where there are two or more directors for the company then 2 Directors, or a Director plus the Company Secretary must sign.

Sole Traders or Individuals: The individual people. Partnerships: All Partners of the Partnership.