Aspire Projects (Australia) Pty Ltd. Service Agreement

OVERVIEW

The terms “we,” “us,” and “our” refer to any or all Aspire Projects staff. The term “site” refers to buildertrend.net /  aspireprojects.co. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other personnel or entities engaged with or by Aspire Projects.

We provide strategy and consulting services in the form of face-to-face and online training, as well as hands on background support. Engagement of service with Aspire Projects, including all materials presented herein, any information shared, and all services provided by Aspire Projects, is subject to the following Terms and Conditions. 

PRODUCT DESCRIPTION

We are confident that we present our services as accurately as possible. This applies to external strategy and training, project management, and background or administrative support. While we endeavour to be as clear as possible in explaining the service, please recognise (as we do) that we may need to correct misinterpretations or errors in pricing and/or descriptions. 

ACCOUNT CREATION

Where expressly requested by the customer, Aspire Projects may create an account within Buildertrend and/or accounting software (Xero, Quickbooks etc) on behalf of the customer. Details and ownership of which will then be transferred back to the customer. This may require you to provide certain sensitive information that will be strictly held to our privacy policies.

INFORMATION SECURITY

At Aspire Projects (Australia) Pty Ltd, we take the security and privacy of your personal information very seriously. We collect and use your personal data only for the purpose of providing the services you have requested and to improve your user experience. We will not disclose your personal information to any third party without your consent, except where required by law. We use industry-standard security measures to protect your data from unauthorised access, modification, or disclosure. However, no method of transmission over the internet or electronic storage is completely secure, so we cannot guarantee the absolute security of your data. By using our services, you agree to accept the risks associated with transmitting and storing your personal information.

REFUSAL OF SERVICE

The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of Aspire Projects service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

PAYMENT CONDITIONS

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through Aspire Projects. You agree to use Aspire Projects services for legitimate, lawful purposes only. 

All entities that have agreed to engage Aspire Projects services will be invoiced following the completion of each component of any contracted work. These are to be paid within 5 business days of issue date.

Where multiple works have been completed for a single customer, these may be invoiced together. 

CANCELLATIONS, REFUNDS & RETURNS

Refunds will not be given on any partially or fully completed work. 

Failure to attend scheduled face-to-face or online appointments will result in a standard invoice for the agreed duration of the appointment. This also applies to scheduled appointments that are cancelled within 24 hours of the commencement time.

We do understand that every now and again, our clients may have reasons outside of their control to why they aren't able to make an appointment. As professional consultants, we value our time, as I'm sure you do yours - and when we book via Calendly, that is how we structure our day / prepare for clients / training etc. We also cannot book any other work during these times that are booked, so a full invoice will be issued. 

OUR INTELLECTUAL PROPERTY

Aspire Projects and Service contain intellectual property owned by Aspire Projects, including trademarks, copyrights, proprietary information, training content, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of Aspire Projects or Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.

CHANGED TERMS

We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us supplying the new Terms and Conditions. Any use of Aspire Projects after being notified means you accept these amendments. We reserve the right to update any portion of our services, including these Terms and Conditions, at any time. 

GOVERNING LAW; VENUE; MEDIATION

This Agreement shall be construed in accordance with, and governed by, the laws of the State of New South Wales as applied to contracts that are executed and performed entirely in Australia. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Tweed Shire, New South Wales. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. 

SEVERABILITY

Should a contractual relationship between Aspire Projects and the customer reach a point where it is deemed no longer tenable, Aspire Projects reserves the right to invoice said customer for any full or partially completed works, and terminate the relationship immediately thereafter.

LIMITATION OF LIABILITY

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF ASPIRE PROJECTS OR SERVICE. ADDITIONALLY, ASPIRE PROJECTS IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW.