Online Product Terms of Service
You are purchasing Company’s products, programs, or services (collectively referred to as “Products”). The following Agreement is the Terms of Service for Products and Services.
Please read it carefully. If you do not agree to the following terms, DO NOT purchase Products. By purchasing Products, you are accepting the following Agreement, and you agree to and are bound by the following terms.
1. Parties
For purposes of this Agreement, you (the purchaser) are referred to as “Client.” Seller, Bumper Leads Pty Ltd, is referred to as “Company.”
2. Term
The engagement of services begins on date of purchase.
3. Company’s Products and Services
Client has purchased Products and/or Services, which includes:
The Bumper Blueprint – Bespoke Sales and Marketing Roadmap
Marketing Automation Consultation Services
All products listed on companies website: www.bumperleads.com
Any bonuses offered will be delivered electronically as a recording
4. Payment
- Client agrees to pay the total fee due as per the price listed on the website or quoted via emails.
- If paying by payment plan, they are due monthly starting from the date of purchase.
- The 1st payment is due at the time of purchase.
- All major cards are accepted.
- Cash or cheque payments are not accepted.
- For Australian residents, all prices are quoted in Australian dollars and are exclusive of GST unless specified.
5. Termination
This Agreement does not allow for termination. If the Product is a long-term program, and Client chooses to end participation prior to the program end date, Client will not receive a refund, and will be responsible for completing payment outlined in Paragraph 4.
6. Refunds
The purchaser is eligible for a refund within 30 days of purchasing the services. Company does not offer refunds exceeding 30 days from date of purchase.
7. Confidentiality
Any information discussed or any information either party comes to know during Company and Client’s one-on-one work together is confidential. This does not include information Client makes available during group calls, information that either party was aware of prior to executing this Agreement, nor does it include information that was gained by a third party, or information that was available to the public through no breach of confidentiality by Client.
Confidential information may be shared if and only if waived by both parties in writing.
8. Release
Company may take photographs, videos, audio recordings, or other recordings that Company may use for future commercial or non-commercial purposes. Client agrees and understands that by participating in Company’s program, Client is consenting to being recorded and photographed and to the use of Client’s likeness and voice in any media in perpetuity by Company for whatever purpose as Company sees fit.
9. Intellectual Property
Company reserves all ownership rights to any materials including but not limited to documents, images, audio, and video, provided to Client through Client’s participation. Company provides Client with a single-user license authorizing Client to use the materials for their individual purposes only. Client agrees to not share, copy, distribute, disseminate, or sell the materials for either commercial or non-commercial purposes.
10. Non-Disparagement
Client agrees, during and after purchase of Products, to refrain from making any statements, whether oral or in writing, that negatively impact Company’s program, business, services, products, or reputation. In addition, Company agrees to refrain from making any statements, whether oral or in writing, that negatively impact Client or Client’s business.
11. Assignment
This Agreement shall bind both Company and Client and their respective heirs, legal representatives, successors, and assigns. Client may not assign its rights under this Agreement without express written consent from Company.
12. No Guaranty; Disclaimer
NO GUARANTEES
Company makes no guarantees about Company’s Products and the results that Client may have from purchasing Products. Client agrees that any statements made by Company regarding potential outcomes are opinions and are not binding on Company. Company may provide testimonials from previous clients, which is not to be relied upon to predict results in your specific situation. The results you experience will be dependent on many factors including but not limited to your level of personal responsibility, commitment, and abilities, in addition to those factors that you and/or Company may not be able to anticipate.
NOT PROFESSIONAL MEDICAL ADVICE
At no time should any of Company’s services, products, or programs be considered a substitute for professional medical or mental health services, nor should the service be construed as professional therapy. Company’s services are not intended to treat, diagnose, cure, or prevent any disease. If at any time Client needs medical, and/or psychological treatment, it is Client’s responsibility to seek it out.
NOT LEGAL OR FINANCIAL ADVICE
At no time should any of Company’s services be considered a substitute for professional legal or financial advice. If at any time Client needs legal or financial services, it is Client’s responsibility to seek it out.
EARNINGS DISCLAIMER: Any information provided by Company regarding wealth, abundance, income, earnings, business profits or personal financial status is for informational purposes only. The information may provide real-life examples and/or hypothetical examples of possible outcomes, which are in no way guarantees of what will occur in your specific situation.
As you know, financial outcomes depend on many factors including but not limited to your level of personal responsibility, commitment, and abilities, in addition to those factors that you and/or Company may not be able to anticipate.
You agree that Company is not responsible for your success, or lack thereof. Your reliance on any information provided is done at your own risk.
13. Warranties
Both Company and Client warrant that they have full authority to enter into this Agreement. Company warrants that its services will be provided by qualified people and in a competent manner in accordance with industry standards.
Client warrants that it has any necessary permission, licenses, rights, and releases to lawfully execute its duties set forth in this Agreement. EXCEPT FOR THE EXPRESS WARRANTIES IN THIS AGREEMENT, NEITHER PARTY MAKES ANY OTHER WARRANTIES EITHER EXPRESS OR IMPLIED.
14. Whole Agreement
This Agreement constitutes the entire agreement between Client and Company. This Agreement supersedes and cancels all prior or contemporaneous discussions, writings, negotiations, and agreements.
15. Modification; Waiver
The terms of this Agreement cannot be modified, supplemented, or amended unless agreed to in writing by all parties. In order to make the waiver binding, the party making the waiver must execute it in writing. The waiver of a term in this Agreement shall not be considered a waiver of any other terms of this Agreement and shall not be considered a continuing waiver. The modification or waiver of one term of this Agreement does not affect any other term in the Agreement, regardless of its similarity.
16. Severability
If any term in this Agreement is found to be void or voidable, the remaining terms of the Agreement are unaffected, and deemed to remain in full force and effect, including those terms that are similar.
17. Limited Liability
THE AMOUNT OF LIABILITY RECOVERABLE FOR ANY CAUSE OF ACTION THAT ARISES UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID FOR SERVICES OUTLINED IN THIS AGREEMENT, REGARDLESS OF WHETHER THE CAUSE OF ACTION IS BASED IN TORT, CONTRACT OR ANY OTHER THEORY OF LIABILITY.
UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF USE, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA, EVEN IF CLIENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
18. Notices
All notices and communications required or permitted under this Agreement shall be in writing and shall be deemed given when delivered by registered or certified mail, postage prepaid, addressed to the party’s principal place of business, unless otherwise clearly stated in this Agreement that email notification shall suffice.
19. Dispute Resolution; Costs and Fees; Applicable Law/Venue
Any dispute arising under this Agreement will be resolved by an online mediation service that is agreed upon by all parties or by a mediation in Victoria, Australia with a mediator agreed upon by all parties. The parties agree to complete mediation in good faith prior to pursuing any other available legal or equitable remedies.
Parties agree that this Agreement shall be governed by and construed in accordance with the laws of Victoria, Australia. Parties agree that the venue for any court proceedings arising out of this Agreement shall be in Victoria, Australia.
If Client sues Company and Company is successful, Client is responsible for Company’s attorney’s fees, in addition to any other relief to which Company may be entitled.
20. Sales Page Design Services
During the project briefing, it is client’s responsibility to provide us with clear guidelines along with the flow or specific details you may require. When such details are not provided, we will proceed with our understanding of your requirements and quote accordingly.
At a later stage, if a discrepancy arises, it may lead to additional costs to accommodate the changes.
Thus, it is essential that you clarify every aspect of your website development, because any additions, changes or enhancements in the functionality or design of the project will affect the proposal and may incur additional cost and a revised delivery date.
All additional work, over and above the estimates is charged separately. Under no circumstances will Bumper Leads Pty Ltd be liable for any delays caused by change in the project brief.
Any complexity related to specific deliverable, must be advised in advance and included in the proposal for costing purposes. We operate in good faith and rely on our clients to disclose the full picture of their expectations.
Any discrepancy arising due to unclear requirements or expectations will not be borne by Bumper Leads Pty Ltd. Website content and all related materials need to be provided to us within the first four weeks of starting the project. Any delays thereafter may delay the project and may incur additional charges if it goes beyond reasonable timeframe.
The client must recognize that at times there may be unforeseen circumstances that will delay the development process, particularly with reference to the integration of third party software or unforeseen schedule interruptions. We will try our best to complete the project as agreed in the proposal.
As long as it is within a reasonable period, the client agrees not to penalise us for any genuine delay, when every effort to keep the project on the proposed schedule is taken.
Upon approval of project designs and payment for building stage Bumper Leads Pty Ltd allows for 3 rounds of changes to the development site. Any changes outside of background colour, copy or image will incur extra costs. Any deviations from the approved designs will incur extra costs.
Bumper Leads Pty Ltd takes no responsibility of any of the third-party products, software or components used in the website development such as payment gateway, SSL certificates etc. We suggest you take regular back-ups to avoid any disruptions.
Bumper Leads Pty Ltd. takes no responsibility of any open source products such as WordPress, Open Source carts, Joomla etc. It is clients’ responsibility to update all components and third party softwares. Bumper Leads Pty Ltd offer packages in co-ordination with third party providers.
Changes to the third party provider’s rules and policies may ultimately affect the services we provide or the terms and conditions herein. Bumper Leads CMS owns copyrights of all codes written for any client, unless arrangements are made prior to start of the project. Domain registration charges are not included as part of the proposal.
Where clients decide to organise their own website hosting, we should be consulted before finalising the type of hosting and database, as it should meet the requirements of the technology used for the development.
Please note that we’ll require full access with hosting support for testing and deploying the application.
Bumper Leads Pty Ltd will not be liable for any delays or errors caused by direct or indirect actions of the hosting company.
Bumper Leads Pty Ltd cannot give access to their test servers and test websites to the clients or any third party.
Technology support of additional 5 working hours is given to all medium and large size projects, for any basic modification or changes, which may be utilised for up to a period of one month after the delivery, called the User Acceptance Period.
Please note that these support hours are not applicable if the design or coding or any other aspect of the website has been altered by anyone other than the Bumper Leads team.
If you require any changes to the terms, you must inform us in writing (emails accepted) within two working days of the receipt of the same.
Any payment relating to the hosting or any 3rd party products or service purchased on behalf of the client will have to be in full and is non-refundable.
The website may be transferred-off to the nominated 3rd party server upon full payment of all invoices and dues.
Website Design Intellectual Property
The project related copyrights can be transferred to the client at an additional cost, after the full payment of the project and upon signing the Certificate of User Acceptance.
Copyrights handed over to the client do not include rights to re-use the code for another website or re-sell the programming codes for any commercial or non-commercial purposes. In the case of business restructuring or ownership change, ownership of the website may be transferred from one owner to another. New owners are not allowed to re-sell or re-use for any commercial or non-commercial purpose.