(02) 8319 5850 sales@benelds.com.au

Terms & Conditions

This Agreement is between The Trustee for Benelds International Trust (ABN 13 780 969 403) of 7 Woolard Road, Springfield NSW Australia (“Benelds”) and you (“Client”).  All amounts are in AUD unless otherwise specified.

The Client acknowledges that Benelds ability to provide the Services is dependent upon the full and timely co-operation of the Client (which the Client shall provide), as well as the accuracy and completeness of any information and data the Client provides to Benelds. Accordingly, the Client shall provide Benelds with access to, and use of, all information, data and documentation reasonably required by Benelds for the performance by Benelds of its obligations under this agreement.

Benelds shall not be in breach of this agreement to the extent that its failure to perform or its delay in performing an obligation under this agreement is a result of the Client’s failure to perform or delay in performing its obligations under this agreement (“Relief Event”), subject to Benelds providing the Client with reasonable notice where practicable of the Relief Event where Benelds is aware or should reasonably be aware of such Relief Event. Benelds shall use reasonable endeavours to work with the Client to avoid or mitigate the incident and to perform the Services notwithstanding the Relief Event.

In conducting this engagement, information acquired by us in the course of providing the Services is subject to strict confidentiality requirements. That information will not be disclosed by us to other parties except as required or allowed for by law, or with your express consent.

Benelds system of quality control has been established and maintained in accordance with the relevant standards. As a result, Benelds files may be subject to review as part of the quality control review programs of the relevant professional bodies, which monitor compliance with professional standards by its members. Benelds will advise you that by accepting this engagement you acknowledge that, if requested, our files relating to this engagement will be made available under this program. Should this occur, we will advise you.

Benelds is not responsible for the on-going suitability of any third-party products implemented or used during and after the provision of the Services.

Any third party products or services supplied in accordance with this agreement will be supplied in accordance with the relevant licensor’s standard terms. Payment of any licence fees which are the sole responsibility of the Client

As part of the provision of the Services, it is a requirement that the Client provide Benelds with an authority to obtain third party access to any information system that is required to be accessed in order to carry out the provision of the Services. The Client may reserve the right to refuse third party access, however, this may affect the ability for Benelds to provide the Services to the Client. If third party access is refused, Benelds shall not be held responsible for failure to provide the Services to the Client.

To the extent permitted by the relevant law, Benelds is indemnified by the Client against any loss, claim or liability suffered or incurred by Benelds in carrying out this agreement including as a result of the Client failing to act in accordance with the relevant laws or act in a manner outside the scope of this agreement, except where such loss, claim or liability arises from the negligence or default of, or breach of duty by Benelds.

Nothing in this agreement shall operate to exclude or limit Benelds’ liability for: death or personal injury caused by its negligence; or fraud; or any other liability which cannot be excluded or limited under applicable law.  Benelds shall not be liable to the Client for any damage to software, damage to or loss of data, loss of profit, anticipated profits, revenues, anticipated revenues, savings, anticipated savings, goodwill or business opportunity, or for any indirect or consequential loss or damage.

This agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the law of the State of New South Wales, Australia. In the event that a dispute arises from these terms and conditions, the Client agrees to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

The Parties irrevocably agree that the courts of New South Wales, Australia have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including any non-contractual disputes or claims).

Payments

Benelds prefers payment by Visa, Mastercard or American Express at time of registration. Credit card payments will be processed direct by Stripe. Your credit card details will not be stored by Benelds.

Refunds are not payable if you simply change your mind, however if your circumstances change please contact Benelds immediately via email or phone +61 456 618 706 to amend your registration or requirements.

Refunds will only be processed to the credit card or bank account of the individual, organisation or institution from which the payment was received.

In the event of non-payment, any outstanding fees plus a late payment fee of $50 per day become payable to Benelds immediately. Any access granted to the Client to Benelds’ systems will cease immediately, and any and all property belonging to Benelds which is in the Client’s possession must be returned immediately. If any fees remain outstanding following termination of services, Benelds reserves the right to withhold the delivery of any work whether partially or fully completed, remove any work undertaken by Benelds that sits on any information System the Client controls or the Client has an account to access, withhold any property belonging to the Client which is in Benelds’ possession, or withhold any fees or other monies paid to Benelds by or on behalf of the Client, until such time as all fees are paid in full.

Provisions

1. When we communicate with you we will generally do so by email or via phone. You agree that email and phone communications are contractually binding in the same way as properly signed and dated documentation sent by post.

2. Nothing in this agreement or on our websites, www.benelds.com.au, www.automationacademy.com.au or any website owned, operated, licensed or controlled by Benelds shall confer on any third party any benefit or obligation.

3. If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

4. No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.

5. In the Event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

6. We are not liable for any breach of our obligations resulting from causes beyond our reasonable control.

7. This Agreement shall be governed by and construed in accordance with the law of Australia, and all international governance is expressly excluded.

8. You are deemed to have accepted these terms and conditions when you proceed.

If you have any concerns or require clarification, please do not hesitate to contact us.

P: 61 456 618 706

E: accounts@benelds.com.au

Additional Terms Specific to Workshops & Events

Agreement

By agreeing to these Terms and Conditions you understand that you are registering to attend an Event managed by Benelds and all fees associated with your participation at an Event are payable in full as per Benelds’ payment terms. You may register on behalf of others, however you are deemed to be liable for all associated fees for all Event Participants you register.

Should you require assistance at any time please do not hesitate to contact Benelds via email or phone 61 456 618 706 prior to finalising your registration.

Registration Confirmation

On completion of your registration, a confirmation email will be sent to your nominated email address. Please check your registration carefully. Should an error have been made, please contact Benelds within 24 hours via email or phone 61 456 618 706 to withdraw or amend your registration. Should you not contact Benelds within 24 hours, a cancellation fee will apply.

Registration Payment Terms

Payment of your registration fee and any selected addons are due on completion of your registration. A tax invoice will be emailed to you with confirmation of your registration. All fees are payable prior to commencement of the Event to ensure admission, unless by prior arrangement.

Registration Cancellation Policy

Should your circumstances change and you are unable to attend an Event, you must contact Benelds by no later than 30 days prior to the commencement of the Event. A cancellation fee of $500.00 will apply to cover costs incurred in relation to your registration, in addition to any supplementary services that have been used in advance of the Event.  Supplementary service fees are calculated at $475.00 per hour. Should you cancel less than 14 days prior to the commencement of the Event, no refund will be payable. If a deposit has been paid to secure your place, that deposit is non-refundable at the time of cancellation.

Credit Card Payments

Benelds prefers payment by Visa, Mastercard or American Express at time of registration. Credit card payments will be processed  by Stripe. Your credit card details will not be stored by Benelds.

Refund Policy

Refunds are not payable if you simply change your mind, however if your circumstances change please contact Benelds immediately via email or phone +61 456 618 706 to amend your registration or requirements.

Should an Event be cancelled due to unforeseen circumstances, Benelds will endeavour to process a full refund within 90 days of such circumstances becoming known. Should an event be postponed, Benelds will in good faith attempt to find an alternative date that works for you before considering a refund.

Refunds will only be processed to the credit card or bank account of the individual, organisation or institution from which the payment was received.

Conduct

Benelds is committed to providing a positive experience for all of its customers, clients and event attendees. By continuing with registration you agree that Benelds may limit, suspend or terminate your right to participate in the event if your behaviour becomes disruptive; disrespectful or offensive, if you fail to follow guidelines given by Benelds, or if your behaviour prevents or impairs the ability for Benelds staff and/or appointed contractors and/or fellow event attendees from fully participating in the event. In the event of your attendance being terminated by Benelds, no refund will be payable.

Provisions

1. When we communicate with you we will generally do so by email or via phone. You agree that email and phone communications are contractually binding in the same way as properly signed and dated documentation sent by post.

2. Nothing in this agreement or on our websites, www.benelds.com.au, www.automationacademy.com.au or any website owned, operated, licensed or controlled by Benelds shall confer on any third party any benefit or obligation.

3. If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

4. No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.

5. In the Event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

6. We are not liable for any breach of our obligations resulting from causes beyond our reasonable control.

7. This Agreement shall be governed by and construed in accordance with the law of Australia, and all international governance is expressly excluded.

8. You are deemed to have accepted these terms and conditions when you proceed with the Event registration.

If you have any concerns or require clarification, please do not hesitate to contact us.

P: 61 456 618 706

E: accounts@benelds.com.au

Additional Terms Specific to Pre-Packaged Solutions

Additional Billing Policies

Usage of Benelds products and services constitutes customer’s acceptance of Benelds’ billing policy.

All accounts are on a prepaid basis. Payment must be received by Benelds before any billable product or service is provided/activated. Customers are required to keep a valid credit/debit card on file to charge for recurring monthly subscription fees, SMS, fax or voice broadcast service fees and all email overage fees.

All international customers must pay by credit/debit card.

Subscription billing is based on availability of products and services, not based on usage. All recurring subscriptions are automatically invoiced and charged to the credit/debit card on file. Invoices are automatically sent post-payment, and are available to customers upon request.

Billing Cycle

Credit/Debit Card Billing: All credit/debit cards are automatically charged on the customer’s specific billing cycle date. If the credit/debit card is declined, Benelds will attempt to charge the card on file for 7 days.

Late Fee: All accounts more than 7 days past due may be assessed a late fee. No fewer than three attempts to contact the customer will be made before any late fee is assessed.

Delinquent Accounts: All accounts 7 days past due may be disabled until balances are paid in full. When disabled, all access will be suspended and data will be unavailable.

Deactivation: After an account is delinquent 14 days, it will be cancelled due to non-payment. Once cancelled, the customer will not be able to recover any files until the account is current. Application data will not be stored post cancellation. Application data may not be available post-cancellation. The account record and delinquent balance will be submitted to a third-party collection service.

Fees

Late Fee: Benelds may assess a $50.00 late fee for accounts 14 days past due.

Chargebacks: If a customer initiates a chargeback, Benelds may assess a $50.00 processing fee for each individual chargeback.

Collections Fee: In the event an account is submitted to a third-party collections service, a $150.00 processing fee may be assessed to the existing account balance. This fee is in addition to any other fees previously assessed on the account.

Interest: Any charges not paid when due are subject to interest at a rate equal to the lesser of: (i) one and one-half percent (1.5%) per month; or (ii) the maximum interest rate allowed by applicable law.

Subscription Billing

Invoices are generated and payments are collected at the beginning of each billing period. Customer billing periods typically begin on the day of the month in which customers purchase their subscription. Customers may cancel their subscriptions at any time. In the event of cancellation, access to all systems will cease immediately. Benelds will not prorate any portion of unused subscription services. All subscription fees are nonrefundable.

Payment Methods

Benelds accepts subscription payments via credit/debit card.

Cancellations

Cancellations must be done verbally through a representative of Benelds. Email requests to cancel do not constitute acceptance of any cancellation. Only verbal requests made with a representative of Benelds will create a cancellation request. Customers are encouraged to keep records of all cancellation communication. Cancellations will take effect on the last day of the billing period in which the cancellation request was received.

Closing an account with Benelds cannot be done by simply canceling the credit/debit card. Benelds will continue to treat this as an open account and the billing cycle will continue, resulting in a past due account that may be turned over to a third-party collection service. It is imperative that account cancellation is done by speaking with a representative of Benelds to ensure account closure.

Cancellation of an account does not dismiss outstanding invoices. At the time of cancellation, any outstanding balance must be settled. All cancelled accounts with an outstanding balance may be automatically turned over to a third-party collection service.

Billing Disputes

As a current or prior customer of Benelds, each customer agrees to provide Benelds 90 days to attempt settlement of any billing dispute before disputing with any third-party credit/debit card company or bank. Benelds must be the first option in billing disputes. Should Benelds receive a chargeback from a third-party credit/debit card company or bank on the customer’s behalf before Benelds has been given a chance to resolve the issue, Benelds has the right to collect on the rendered services and any fees associated with those disputes. Regardless of the outcome of the chargeback, Benelds retains the right to collect on any rendered services or fees that are due. Benelds will submit any disputed amounts to a collection agency. Once a chargeback has been received, Benelds will immediately suspend the account until the matter is resolved.

Refunds

Subscription and Service fees are nonrefundable.

If your product package includes Infusionsoft, please refer to the link below for the Infusionsoft Billing and Legal Terms.

http://www.infusionsoft.com/legal/billing-policies