Terms of Engagement
Last updated: TODO
These terms apply to services provided by TODO Pty Ltd, ABN TODO, trading as The Tradie Owner ("we", "us").
1. What we provide
A structured diagnostic of your trade business, a written 90-day plan, and the support described in your engagement for the period stated. We provide business coaching and analysis. We are not accountants, financial advisers or lawyers, and nothing we provide is accounting, taxation, financial product or legal advice.
2. The $100,000 guarantee
We assess whether we can identify at least $100,000 of annualised opportunity in your business before accepting you as a client. If we accept you and the diagnostic does not identify at least $100,000, you receive a full refund of fees paid.
Identified opportunity is a good-faith estimate based on the information you supply, calculated using a documented method and stated as a range with the assumptions shown. It is not a guarantee that your business will earn that amount. Whether any of it is realised depends on the actions you take, and on factors outside our control including market conditions, your team and your customers.
3. Your obligations
You agree to provide accurate and complete information. Our analysis is only as good as the numbers you give us. If information you supply is materially inaccurate, the guarantee in clause 2 does not apply.
4. Fees and payment
Fees are as quoted to you in writing. Payment is by upfront payment or by instalments under a direct debit authority signed before the diagnostic. Instalment plans are a payment arrangement, not a subscription; the full fee is payable regardless of whether you attend sessions. Failed direct debits may incur the processing fee charged to us.
5. Cancellation and refunds
Other than the guarantee in clause 2, fees are non-refundable once the diagnostic has been delivered. If you cancel before the diagnostic, we refund what you have paid less any work already performed. Nothing in these terms excludes rights you have under the Australian Consumer Law.
6. Confidentiality
We keep your business information confidential and use it only to deliver your engagement. We will not publish your figures, name or results as a case study or testimonial without your express written permission. You agree to keep our materials, templates and methodology confidential and not to distribute or resell them.
7. Recording
We may record sessions for quality and for your own reference. We will tell you before recording and you can decline.
8. Intellectual property
All frameworks, templates, tools and written materials we provide remain our property. You get a non-exclusive licence to use them inside your own business for as long as you like. You may not licence, resell or teach them to others.
9. Group sessions
What is said by other members in group sessions is confidential to that group. Repeating it outside the group ends your participation without refund.
10. Liability
To the extent permitted by law, our total liability arising out of the engagement is limited to the fees you have paid us. We are not liable for indirect or consequential loss, including lost profits. Nothing in this clause limits liability that cannot be limited under the Australian Consumer Law.
11. Governing law
These terms are governed by the laws of Victoria, Australia.