Terms of Service

All aspects of our website/OR are protected by Australian, U.S., and international copyright, and other intellectual property laws, including all articles, content, personal stories, information, design elements, text, logos, taglines, metatags, hashtags, images, testimonials, icons, video and audio clips, and downloads.

No material on the Website/OR may be copied, reproduced, distributed, republished, displayed, posted, or transmitted in any way, without express written permission given by SBMarketer. Nothing gives you the right to use, copy, reproduce, or otherwise display any logo, tagline, business name, copyrighted material, or information owned by SBMarketer.

Subject to your continued compliance with all T&Cs, SBMarketer provides you with a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferrable license to use the Website/OR. 

You agree that you do not have any ownership rights in any material we write, create/design, and own, or that’s protected by intellectual property laws, unless we transfer the ownership rights to you in writing.

You agree to not attempt or use or the Website/OR, or any website provided by SBMarketer, whether alone or in conjunction with other software or hardware, in any unlawful or harmful manner to SBMarketer or third parties. 

You agree to not attempt or commit any harmful or unlawful act on or through the Website/OR, or through the use of any website, marketing system, or software, provided by SBMarketer.

This includes refraining from:

A. HARMFUL ACTS: Any dishonest or unethical business practice; any violation of the law; infliction of harm to SBMarketer’s reputation; hacking and other digital or physical attacks on the Website; and the violation of the rights of SBMarketer or any third party;

B. “SPAMMING”, “UNSOLICITED”, & “UNTRUTHFUL” COMMS: We do not support spam or unsolicited or untruthful communications. Any communications sent or authorised by you reasonably deemed “spamming,” or “unsolicited” or “untruthful” (including postings on social media or third-party blogs) will be considered a material threat to SBMarketer’s reputation & to the rights of SBMarketer & other third parties.

Committing any of these practices will breach and end our contract immediately. It’s your obligation, exclusively, to ensure that all business communications comply with state and local anti- spamming laws and our Terms of Service;

C. OFFENSIVE COMMUNICATIONS: Any communication sent, posted, or authorised by you, including postings on any website operated by you, or social media or blog, which are: factually incorrect, anti-christian, sexually explicit, racist, obscene, vulgar, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory, graphically violent, or solicitous of unlawful behaviour;

D. SENSITIVE INFORMATION: You will not add, import or upload, any contact lists or sensitive information to any website, software, or other marketing system, provided by, or suggested by SBMarketer, any of the following information types: social security numbers, national insurance numbers, credit card data, passwords, security credentials, bank account numbers, or sensitive personal, health or financial information of any kind.

Your payment information that is provided during the order process will be handled only by legitimate financial facilitators, e.g. Paypal or Stripe;

E. ILLEGAL BUSINESS ACTIVITY: Any promotion of illegal or fraudulent business activity, or impersonating another person, or promoting the sale or infringement of non-owned intellectual property, or promoting illegal drugs (including all illegal items and substances), or facilitating the infringement of copyright law or the intellectual property rights of SBMarketer, or other third parties, is prohibited.

SBMarketer follows and recommends you follow these best practices when sending electronic communication, e.g. emails, SMS, & Push Notices:
 

1. Use only permission-based marketing electronic communications lists, e.g. lists in which all recipients opted-in to receiving communications;
2. Always include an “unsubscribe” mechanism in each marketing communication that allows the recipient to opt-out from your list. Note: transactional messages are exempt from “unsubscribe” requirements;
3. Always comply with all requests from recipients to be removed from your mailing list within ten days of receiving a request, or the deadline under applicable law, or sooner;
4. Publish and comply with a Privacy Policy Statement that meets all applicable legal requirements, and include a link to such statement in your electronic communications;
5. Always include in each electronic communication your valid physical mailing address or a link to that information;
6. Don’t send electronic communications to addresses obtained from purchased or rented lists, as this is unethical, e.g. do you have opt-in permission, and will it damage your email reputation with ISPs?
7. Never use third party electronic addresses, domain names, phone numbers, or mail servers without permission from the third party;
8. Don’t routinely send electronic communications to non-specific addresses, e.g. webmaster@domain.com, or info@domain.com, or support@domain.com;
9. Never engage in spamming electronic communications for quick wins, as this damages your reputation and increases your risk of spam law infringements and fines;
10. Don’t disguise the origin, or subject matter, or manipulate the originating message address, subject line, header, or transmission path in deceptive electronic communications;
11. Never send “chain letters,” “pyramid schemes,” or other types of suspect electronic messages that encourage the recipient to forward the content to strangers, as they may include malicious links;
12. Don’t facilitate sending to lists of addresses that are programmatically generated or scraped from the Internet, as you don’t have permission to send to the recipient/s;
13. Don’t facilitate unlawful sending practices, or practices with known low-message delivery rates, which will likely cause harm to your sender reputation, and future campaigns.
14. Never send messages considered to be suspect and junk mail, e.g. promoting stocks, gambling, multi-level marketing, pharmaceutical sales, and payday loans.

If you order a product, service, or subscription, payment must be received by us before your order is legally and officially accepted. 

We may require additional information regarding your order if any required information was missing or inaccurate, and we may cancel or limit an order, any time after it has been placed.

Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. You must contact us immediately at admin@sbmarketer.com to modify or cancel your pending order. 

We cannot guarantee that we will be able to amend your order in accordance with your instructions, but we will try our best to assist genuine requests.

All items are subject to timeframes and human resource availability. We will notify you if any item is not available, the expected availability date, and may offer you an alternative product or service. 

If the availability of any product or service or subscription is delayed and you do not wish to substitute it for a similar value item, upon your request, we will cancel your order and if previously charged, your payment card will be fully refunded for that specific order.

We reserve the right to limit the sales of our products and services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis at our sole and exclusive discretion. 

Your purchase order of product/s, or service/s, or subscription/s is conditioned on you re-affirming your acceptance of this Agreement, and is considered a confirmation of your acceptance.

All advertised prices are in AUD, & all payments shall be in Australian Dollars.

A customer is responsible for paying all subscription sums due to SBMarketer in connection with their subscription in accordance with these Terms.

The first fee payable is due when you the customer selects your subscription plan and term, on the Website, or by email, and follows the associated payment process. 

It’s important to understand, payment of the subscription fee, & SBMarketer receiving payment is a condition of the service commencement, & access to the service consultant & discovery process.

Once payment is received, a user account is set up for the discovery process and the creative brief. 

In addition, payments will be required for the “Fantastic Four” (WordPress, Bricks, ACSS & Frames) service technology subscriptions, website hosting, domain name, email service, and recommended website plugins. 

These payments will be made either directly between you and the service providers, or on your behalf via your payment card, if this is our agreement.

For monthly terms, every calendar month, your account will be charged the subscription fee plus applicable tax for the following month’s subscription (in advance). 

For annual terms, every calendar year, your account will be charged the subscription fee plus applicable tax for the following year’s subscription (in advance).

We may also process accumulated administration fees for the past period (collectively, “Fees”) in arrears, e.g. late cancellation requests, or other fees.

Failure by the customer to provide the requested resources (e.g. logos, colours, copy, images), or approvals (for the brief, identity, content, build stages, or material approvals) does not relieve the customer of their payment obligations under these Terms.

Potential customers can pay by credit card or debit card, and payment details shall be collected by us through our secure financial payment facilitator, e.g. Paypal or Stripe.

You acknowledge and agree that we may hold your data relating to the transaction, including the last four digits and the expiration date of the card used to purchase the products or services, together with details on when payment is due.

You acknowledge and agree that subscription payments are due on a recurring basis, in accordance with the terms for the specific service purchased (unless the subscription is cancelled following these Terms), and you authorise the automatic payment collection for the specific service (e.g., on a monthly or annual basis, for the nominated amount).

IF YOU’RE A SUBSCRIPTION CUSTOMER & YOU HAVE PROVIDED US WITH A VALID CREDIT OR DEBIT CARD OR ALTERNATE PAYMENT METHOD, EACH PAYMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF YOUR DESIGNATED PAYMENT DATE & WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT ENROLLMENT.

IF YOU WISH TO CANCEL YOUR SUBSCRIPTION, YOU MAY DO SO BY E-MAILING ADMIN@SBMARKETER.COM AT LEAST 48 HOURS BEFORE THE FIRST DAY OF YOUR NEXT SUBSCRIPTION RENEWAL PERIOD.

SBMarketer reserves the right to immediately terminate a customer’s account and/or service for any unpaid (in whole or part) period of the subscription, with or without notice.

Termination of service in no way relieves or excuses the customer from any obligation to pay outstanding charges or expenses.

If SBMarketer starts collection processes of any type, you will be liable for all collection costs, including legal fees and expenses.

In addition to any Fees, SBMarketer will charge 10% Australian Goods & Services Tax (GST), that is required in our country of business registration.

If you have subscribed to a monthly or annual subscription plan (website, SEO, SEM, email, or automation) for services or maintenance, and you want to cancel your subscription, you must contact us at least 48 hours before your recurring payment is due by submitting a cancellation request to our support email address admin@sbmarketer.com.

If you do not contact us at least 48 hours before your recurring payment date to cancel the subscription, your subscription will automatically continue and the card that you provided at the time of enrolment will be charged the current monthly subscription rate, each month, until you cancel.

SBMarketer may change the monthly subscription rate at any time, however we will provide prior written notification of any subscription fee changes.

As a subscription customer, you are not generally entitled to prorate your last month’s or last year’s use, nor will you be entitled to any refund for any subscription or service payments (full or partial payments) to SBMarketer.

The remedy for unused subscriptions, services, or products purchased, that are delayed outside of our control, is a credit voucher valid for 12 months.

If your payment card expires, all services will be suspended until a new payment card has been provided. We will send a notice that your payment card has failed and to update to a new card.

There is an administration fee of $50.00 for all cancellations that are received late (less than 48hrs before payment date).

If our products, services, & subscription prices are posted on the Website/OR, these are subject to change on the Terms of Service due to annual increases, technology improvements, sales promotions, & other external factors.

SBMarketer reserves the right, without notice, to discontinue products, or services, or subscriptions, or modify specifications & prices on products, services & subscriptions, without incurring any obligation to you.

Any price changes to your subscription or purchase of product/s or services will take effect following email notice to you. Price changes are effective on the first day of the month after the price change is posted.

By subscribing to a plan, or placing an order over the Website/OR, or by electronic communications, you authorise SBMarketer to charge your account the current amount for the purchase order of the item/s you selected during enrolment.

This includes any future price changes that are posted or emailed to you, and not cancelled by you before renewal.

If you request a downgrade in services, the downgrade (and corresponding price reduction) will become effective on the first day of the month following your requested downgrade.

By your continued use of our products & services, you agree that we may place a recurring charge (monthly or annually as per enrolment) on your credit card for the products, services, &/or subscriptions you selected, & you consent to any price changes for these items after email notice is provided.

We take reasonable steps to ensure the prices outlined on the Website/OR or in electronic communications are correct, and to accurately describe and display the items available on the Website/OR.

If the correct price of our product is higher than its stated price, we will, contact you for instructions, or cancel your order, & notify you of this.

When ordering products, services, or subscriptions, SBMarketer does not warrant that product or service descriptions are 100 percent accurate, complete, or error-free.

Our descriptions and references to website technologies, marketing systems, and business systems, not owned by us are not intended to imply a warranty by SBMarketer, or mean that these systems and technologies will never breakdown, or need to be upgraded, or changed in the future.

While we’re currently satisfied with the “Fantastic Four” (WordPress, Bricks, ACSS, & Frames) website technologies, the marketing and business system (MBS), and the WordPress plugins we’re using, as they’re popular robust quality systems, with training materials and resources online.

In the future, we may decide to change one or more of these systems or plugins, or add other systems or plugins, if improved systems or plugins are found with better value and more features, or the need arises to change a system or plugin due to other circumstances.

We recommend that you, do some of your own due diligence on the suitability of the website technologies, & the marketing & business system (MBS) we suggest, to ensure they suit your website, marketing, & business needs.

Every online business is different, offering unique products & services, applying different marketing strategies from personalised business systems and structures, therefore, results will vary between each user/business.

YOUR INDIVIDUAL RESULTS WILL VARY DEPENDING UPON A VARIETY OF FACTORS UNIQUE TO YOUR BUSINESS, THESE INCLUDE YOUR SKILLS, CONTENT, SYSTEMS, BUSINESS MODEL, & PRODUCT/SERVICE OFFERS.

SBMarketer does not promise, guarantee, or warrant your business success, income, sales, or timeframe to become an entrepreneur online.

Customers who purchase our products, services, &/or subscriptions, along with the associated third party subscriptions (for domain name, hosting, & WordPress tools/plugins), will receive access to WordPress creation software, tools, & plugins, plus either a website blueprint, wireframe, or website, depending on the package purchased. 

Additionally customers may purchase SEO/SEM services, website marketing systems and services for Internet Sales Funnels, Email Marketing, & Email Automation, that can potentially contribute to growing online leads & sales.

In addition to paying for our products, services &/or subscriptions, customers will be required to purchase their own subscriptions to the recommended website builder software (Bricks Builder, ACSS, & Frames) and WordPress plugins, & maintain these subscriptions over time for support & updates.

Customers will be required to purchase a domain name, email service, and website hosting service, directly with the respective service providers, in addition to paying for our consulting and/or coaching services.

You understand we cannot and do not guarantee your business success, or online success, which is based upon many individual, business, and market factors that we have no control over.

Your success will take hard work over many months/years, a strong work ethic, a positive mindset, & the ability to not give up, & keep moving forward when you’re facing naysayers, social invitations, other challenges.

We do not make any claims about earnings, efforts, return on investment, or a success time-frame. And we do not claim the software, tools, & plugins used, or email marketing systems, or email automation systems used, will make your business any amount of money.

It is possible that you will not earn your investment back, & we do not sell a business opportunity, “get rich quick” program, guaranteed success system, franchise system, or a business in a box. You should not purchase our products, services, or subscriptions if that is your expectation.

Instead, you should purchase from us with the understanding that using the information provided, website software, email marketing system, & email automation system, will take time to learn & consistent effort to build & optimise, & it may be more applicable for some business types, but not all.

You understand and acknowledge that SBMarketer will not at any time be providing their own sales leads or referrals to you or your business.

We do not offer tax, accounting, financial, or legal advice. You should consult your business accountant, attorney, or financial advisor for advice on these.

You represent and warrant that you operate a business in good standing, and you agree that there are no prior or pending government investigations or prosecutions against you or your business.

You agree that you and your business will only use SBMarketer’s products, services, & subscriptions for lawful business purposes & that you shall not use these items, whether alone or in connection with other software, hardware, or services, for any unlawful or harmful purpose.

You are solely & exclusively responsible for complying with all applicable laws & regulations in running your business, including but not limited to, all laws governing business agreements & contracts, advertising, marketing, spam, privacy, subscriptions, telemarketing, & taxation.

You agree to notify SBMarketer if any investigation or lawsuit is threatened or filed against you, whereupon we shall have the right to terminate this Agreement without liability. SBMarketer shall have no liability for your violation of any laws.

You are solely & exclusively responsible for collecting & reporting all sales/use tax (GST/VAT), & any other taxes which may apply to sales of products or services by your business in the State you’re registered, & in some cases the State you’re selling into, including taxes which may apply to donations.

You agree to indemnify SBMarketer in the event that you &/or your business violates any law & a claim is threatened or asserted against us as a result.

SBMarketer wants to hear from users, subscribers, & customers, & welcomes all comments & testimonials regarding our products & services. 

We may use your testimonials &/or product reviews in whole or in part together with your name, city, state, & country.

Testimonials may be used for any form of activity relating to our services or products, or marketing, in printed & online media, or in advertising, as SBMarketer determines in its sole & exclusive discretion.

Testimonials represent the unique experience of the participants & customers submitting the testimonial, & do not necessarily reflect the experience that you & your business may have using our services or products.

You agree that testimonials, images, & videos, & other information that you provide to us will be treated as non-confidential & non-proprietary, & by providing them, you grant us a royalty-free, worldwide, perpetual, non-exclusive, & irrevocable license to use them.

SBMarketer reserves the right to correct grammatical & typing errors, to shorten testimonials & to review all testimonials prior to publication or use.

SBMarketer is under no obligation to use all testimonials submitted, or any part of any testimonial or product review submitted.

As user, customer, or affiliate of SBMarketer, whether or not you disclose our identity, you must comply with all laws where you are selling & prospecting, that means compliance with Australian & foreign laws if selling & prospecting in Australia & other countries.

This includes but is not limited to, laws for electronic messaging (email/SMS marketing), laws prohibiting deceptive & misleading advertising & marketing, laws for data privacy & for telemarketing. For example compliance with:

Australian Laws

• Federal Australian Consumer Law (ACL), that’s part of the Competition & Consumer Act 2010, prohibits false and misleading product/service claims, and is enforced by the ACCC;
• Federal Spam Act 2003, requires accurate sender identification, consent from recipients before sending electronic marketing (email, SMS, other) messages, and an option to unsubscribe;
• Federal Privacy Act 1998, regulates how personal information is handled by governments and organisation with turnover above $3 million, with 13 Aust. Privacy Principles, which should be followed by small businesses;
• All States & Territories have additional similar Privacy Laws, except South Australia and Western Australia;
• Telemarketing & Research Calls Industry Standard 2017, that’s part of the Telecommunication Act 1997, protects consumers from unwanted calls & regulates when/how to make phone contact;
• Do Not Call Register Act 2006, allows consumers to register their phone number to avoid receiving calls, & telemarketers must avoid calling registered numbers.

 
US Laws

• Federal Trade Commission (FTC) Act prohibits unfair or deceptive advertising in any medium;
• Federal CAN-SPAM Act (15 U.S.C. § 7701), controls non-solicited marketing messages through its rules on mandatory consent & opt-out, clear identification, accurate subject lines, & physical postal address;
• Federal Electronic Communications Privacy Act (ECPA) of 1986, protects wire, oral, and electronic communications while they are being made, in transit, and when stored on computers;
• Federal Trade Commission “Telemarketing Sales Rule” (TSR -16 C.F.R. § 310), protects consumers from fraudulent telemarketing calls & provides protections via the National Do Not Call Registry;
• Federal Telephone Consumer Protection Act (TCPA), regulates telemarketing, text messages & fax transmissions;
• Federal Trade Commission’s Revised Endorsements and Testimonials Guides (16 CFR Part 255);
• Federal Telephone Consumer Protection Act 1991 (47 U.S.C. § 227), prohibits automated calls, call charging without consent, calls to numbers on the Do Not Call Register, & mandatory opt-out mechanism, & is enforced by the Federal Communications Commission (FCC);
• Many states have their own data privacy laws, e.g. the California Consumer Privacy Act (CCPA) & the California Privacy Rights Act (CPRA), the Colorado Privacy Act (CPA), & the Virginia Consumer Data Protection Act (VCDPA).

 
EU Laws

• General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679): is a comprehensive data protection law that gives individuals control over their personal data and simplifies the regulatory environment for international businesses. It applies to all companies operating in the EU, regardless of where they are based;
• Misleading and Comparative Advertising Directive (Directive 2006/114/EC): protect traders against misleading advertising and sets the conditions under which comparative advertising is permitted;
• European Electronic Communications Code (Directive 2018/1972): establishes a comprehensive set of rules for electronic communications networks, services, and associated facilities;
• EU Data Protection Directive (Directive 2002/58/EC): This regulates the processing of personal data & the protection of privacy in the electronic communications sector, including telemarketing. It ensures that individuals’ personal data is protected when used for marketing.

 
You may also want to become familiar with laws relating to intellectual property, copyright, taxation, corruption, child protection, & import/export.

You are solely responsible for ensuring the compliance with all applicable laws, rules, regulations, and court orders of any kind, of any jurisdiction, applicable to you and your business.

This means you are solely responsible for ensuring compliance to laws for electronic messaging (opt-in consent & opt-out method), misleading advertising, & data privacy for all recipients to whom you send digital messages, using our recommended systems, products, or services.

You have the responsibility to be aware of, understand, and comply with all applicable laws and ensure that you and all users of your account comply with such applicable laws at all times.

If you use any messaging software, or any messaging system, or software/hardware provided by you or a third-party, you agree that you will follow all applicable laws with respect to sending messages, in the countries where the recipients reside.

You agree to indemnify & defend SBMarketer from any claims, damages, losses, & lawsuits of any kind or nature that may be made against us relating to your violation of any law, or third-party rights, by use or misuse of any messaging software/hardware, whether it was configured by us or not.

You understand and agree that SBMarketer has no control over, and therefore cannot be responsible for, the functionality or failures of any third-party software, including without limitation WordPress, Bricks Theme (Parent/Child) & Builder, Automatic CSS, Frames, website hosting, domain name registration, Mastermind Business System, Facebook, Facebook Messenger, other social media platforms, and Internet browsers.

SBMARKETER DOES NOT WARRANT THAT THE RECOMMENDED WEBSITE, MESSAGING & BUSINESS SOFTWARE WE USE WILL BE COMPATIBLE WITH YOUR BUSINESS SYSTEM, OR INTEGRATE WITH YOUR BUSINESS SYSTEM, OR OTHER THIRD- PARTY SOFTWARE YOU INTEND TO USE OR USE.

YOU ARE SOLELY & EXCLUSIVELY RESPONSIBLE FOR THE EFFECTIVE INTEGRATION OF WEBSITE, MESSAGING, & BUSINESS SOFTWARE INTO YOUR BUSINESS, INCLUDING THE PAYMENT OF THIRD-PARTY SUBSCRIPTIONS, & THE LEGAL USE OF ALL WEBSITE, MESSAGING, & BUSINESS SOFTWARE/HARDWARE REQUIRED.

YOU AGREE TO A COMMUNICATIONS COMMITMENT AGAINST HARASSMENT AND INTERFERENCE WITH OTHERS, THAT IS PROFESSIONAL AND COURTEOUS, WITH RESPECT FOR ALL PEOPLE.

You must not use our recommended website or messaging systems or services, whether alone or in connection with other software/hardware to:

(i) Store, distribute, or transmit any malware or other material that you know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive, or abusive;

(ii) Commit, promote, aid, or abet any behaviour, which you know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive, or abusive.

Non-limiting examples may include emails or other digital messages that promote illegal subjects and products, hate speech, political vitriol, sexism, child exploitation, or racism.

The Website/OR & all content are provided on an “as is”, “as available”, basis without warranties of any kind, either express or implied, including but not limited to warranties of title, or implied warranties of merchantability, or fitness for a particular purpose.

We make no warranties, and expressly disclaim any and all representations and warranties, as to the reliability, timeliness, quality, suitability, availability, accuracy, and/or completeness of any information on this Website/OR.

WE DO NOT REPRESENT OR WARRANT, & EXPRESSLY DISCLAIM THAT:

(A) THE USE OF THE WEBSITE/OR/SOFTWARE, & MARKETING OR BUSINESS SYSTEM/SOFTWARE,  WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER SOFTWARE, HARDWARE, SYSTEM, OR DATA;

(B) THE WEBSITE/OR/SOFTWARE, & MARKETING OR BUSINESS SYSTEM/SOFTWARE, OR OUR PRODUCTS, SERVICES, & SUBSCRIPTIONS, WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;

(C) ANY STORED PERSONAL INFORMATION, OR DATA WILL BE COMPLETELY ACCURATE OR RELIABLE;

(D) THE QUALITY OF ANY PRODUCTS, SERVICES, SUBSCRIPTIONS, SOFTWARE, OR INFORMATION, PURCHASED OR OBTAINED BY YOU THROUGH SBMARKETER.COM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;

(E) INFORMATION OR TECHNICAL ERRORS OR DEFECTS IN THE WEBSITE/OR WILL BE CORRECTED OR;

(F) THE WEBSITE/OR, OR THE THIRD-PARTY SERVER(S) THAT HOST THE WEBSITE, OR THE MARKETING & BUSINESS SYSTEMS USED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

All conditions, representation & warranties, whether express, implied, statutory, or otherwise, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, & non-infringement of third-party rights, are hereby disclaimed to the maximum extent permitted by applicable law.

You agree to protect, defend, indemnify & hold harmless SBMarketer, its owner, officers, & employees – & assign from & against all claims, demands, & causes of action of every kind without limit – arising out of your conduct.

Your indemnity obligation includes, but is not limited to, any third-party claim against SBMarketer for liability for payments for damages caused by, or other liability relating to you.

In no event shall SBMarketer, its owner, officers, employees, contractors, or agents – be liable for any indirect, special, incidental, exemplary, consequential, punitive, or any other damages, fees, costs, or claims – arising from this Agreement, the Privacy Policy Statement, the Disclaimer Summary Statement, or our products, services, or subscriptions. 

This includes your or a third-parties use or attempted use of the Website/OR, or any related software, service, or product. This limitation of liability applies regardless of whether SBMarketer has had notice of the possibility of such damages, fees, costs, or claims.

This includes without limitation, any loss of use, loss of content and resources, loss of profits, loss of data, loss of goodwill, cost of procurement of substitute services or products, or any other indirect, special, incidental, punitive, consequential, or other damages.

This applies regardless of the manner in which damages are allegedly caused, and on any theory of liability, whether for breach of contract, tort (including negligence & strict liability), warranty, or otherwise.

In no event shall SBMarketer’s liability to you or your business exceed the amount of payments made by you to us, and received by us into our bank account, for the procurement of our products, services, or subscriptions.

SBMarketer’s limited liability excludes any payments you make to third-parties for items such as, domain names, website hosting, WordPress theme & builder, WordPress plugins, email marketing systems, email automation systems, & business systems.

SBMarketer’s limited liability may occur at our sole discretion, if we become incapacitated or can’t reach an agreement on the completion of the products or services, due to external circumstances outside of our control, e.g. if your content, image resources, or approvals are withheld for an unreasonable amount of time.

We retain the right to be compensated for our products & services provided, & our services completed (including subscriptions), in the event of any disputes or a decline in our relationship.

You and your business agree that any claim that you or your business may have in the future must be resolved through informal negotiation or confidential Alternative Dispute Resolution (ADR mediation).

You acknowledge and agree that you and your business are waiving the right to court litigation (Local, District, State, or High Court), and trial by jury. The rights that you and your business would have if you went to court, such as discovery, and the right to appeal, no longer exist, under this agreement.

You agree that you and your business may only bring a claim in an individual capacity through informal negotiation or ADR mediation, and not as a plaintiff or class member in any purported class action or proceeding.

You further agree that the informal negotiator or ADR mediator may not consolidate claims or proceedings in any form of class action or proceeding.

If you have a complaint, dispute, or issue – related to the use of the Website/OR, or any product or service provided by us, or any software or marketing system configured by us, or from the T&Cs, the Privacy Policy Statement, the Disclaimer Summary Statement, any affiliate agreement, or from your relationship with us – you agree to first contact us at admin@sbmarketer.com to attempt to resolve the matter informally with us in writing.

We will respond to your written request within a reasonable amount of time (30 days), communicate our understanding of the problem or issue in dispute, options for resolving the issue/s, the responsibilities of each party to solve it, and endeavour to solve it professionally with you.

Any dispute or claim arising out of or related to the above mentioned items – that cannot be resolved through written informal process with us, or through informal negotiation between our legal representatives, or the Queensland Office of Fair Trading, shall be resolved by confidential ADR mediation.

Mediation is a dispute resolution service in which a mediator assists parties to discuss their differences and find a solution that suits everyone. The ADR mediation will be conducted by the body recommended by the Queensland Office of Fair Trading, which is likely to be the Queensland Civil and Administrative Tribunal (QCAT).

QCAT may organise various proceedings before the final hearing to assist parties to resolve a dispute. If the matter cannot be resolved by mediation, QCAT will then organise a final hearing where a decision will be made.

The appointed mediator acts as an independent third party & guides the participants through a structured mediation process. The mediator may be from QCAT or from the Dispute Resolution Centre (established by the Queensland Government to provide a free, confidential & impartial service).

If the parties reach an agreement, the mediator may record the terms of the agreement in writing to be signed by the parties. Agreements reached in mediation are not legally binding, unless the parties sign a statement agreeing to be bound to the agreement in law.

Additionally, the parties may request that QCAT make a formal order that contains the terms of the agreement, then the QCAT process usually ends at this point if an agreement has been reached.

QCAT shall have the final exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these T&Cs of Use, Sale & Service, the responsibilities of each party to settle items, the Privacy Policy Statement, and any other terms incorporated by reference into this agreement.

Payment of all filing, administration, and mediation fees will be governed by the QCAT’s Rules. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.

You agree and understand to have any claims decided individually and only through informal negotiation, or confidential QCAT mediation, and you will accept QCAT’s final decision, and agree that the final mediation resolution becomes binding in law by signing a statement.

In order to prevent or limit irreparable injury to SBMarketer – in the event of any breach or threatened breach by you of the provisions of this Agreement or any infringement or threatened infringement by you of the intellectual property of SBMarketer or a third-party – SBMarketer shall be entitled to seek a temporary restraining order and preliminary and permanent injunctions or other equitable relief from a court of competent jurisdiction located in Brisbane City, Queensland, restraining such breach, threatened breach, infringement, or threatened infringement.

Nothing in this Agreement shall be construed as prohibiting SBMarketer from pursuing in mediation, arbitration, or court, any other remedies available to it for such breach, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you and your business.

You and your business hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, the courts of Brisbane City, Queensland for all such claims by SBMarketer, and forever waive any challenge to said courts’ exclusive jurisdiction or venue.

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless SBMarketer, its owner, officers, employees, independent contractors, subcontractors, suppliers, affiliates, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind.

This includes but is not limited to attorneys’ fees, and costs of any litigation, or other alternative dispute resolution (mediation), arising out of, or resulting from, or related to, or in any way connected with:
 

1. SBMarketer’s website & marketing practices, software/system suggestions, products, services & subscriptions provided;
2. Your use, misuse, or attempt to use the Website/OR, or your website & marketing software & systems;
3. Information you submit or transmit through the Website/OR, or your website & marketing software & systems;
4. Your breach of these T&Cs, or our Agreement, or the representations & warranties provided by you in this Agreement;
5. Your non-acceptance of any T&Cs, or the Privacy Policy Statement or the Disclaimer Summary Statement;
6. Your violation of any law, intellectual property, or the rights of any third-party.

In Queensland, Australia, copyright infringement occurs when someone uses a substantial part of copyrighted material without permission from the copyright owner. The Copyright Act 1968 (Cth) governs these rules and provides certain defences for fair dealing.

1. Research or Study: Using a reasonable portion of the work for research or study;
2. Criticism or Review: Using a sufficient acknowledgment of the work for criticism or review;
3. Parody or Satire: Using the work for parody or satire;
4. Reporting News: Using the work for reporting news;
5. Professional Advice: Using the work for providing professional advice or in judicial proceedings.

 
If you believe that materials or content available on the Website/OR infringes a “substantial part” of any copyright you own, you or your agent may send SBMarketer a notice outlining what you believe is the infringement and request that SBMarketer remove the materials or content from the Website/OR within a reasonable amount of time.

Copyright infringement usually occurs when another person (or entity) uses a substantial part of another person’s creative work, without the copyright owner’s permission (or a licence), and without any relevant credit to the creator, or valid defence for such usage.

If you believe that someone has wrongly filed a notice of copyright infringement against you, for your website or marketing content, you may send SBMarketer a copy of the notice, so the best course of action can be determined and implemented.

Please send notices and copies of notices to:

The Legal Officer
SBMarketer.com
PO Box 13
The Gap, Queensland 4061

Alternatively email admin@sbmarketer.com

It’s important to understand, not every use of your copyright work without your consent is an infringement. If someone has only used an insubstantial, unrecognisable, unimportant part of your creative work, it may not be an infringement.

They may have a defence, for example that their use was a fair dealing for the purposes of research, criticism or review of your creative work as part of a professional comparison.

It’s important to seek legal advice if you think your copyright has been infringed before making any claims that others have done so, because these claims (if unfounded) could be characterised as a “groundless threat” – and you could be sued for it.

For more information visit the Australian Copyright Council.

No failure or delay on the part of SBMarketer in exercising any right, power, or remedy under this Agreement may operate as a waiver – nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power, or remedy under this Agreement.

A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by SBMarketer’s owner, or legal representative.

The Website/OR may contain helpful links to other websites. SBMarketer assumes no responsibility for the content or functionality of any external website to which we provide a link.

Please see our Privacy Policy Statement for more details. In particular, read User Beware: Ext. Sites, Apps, Links & Social Media.

This Agreement will commence and take effect (or re-take effect) when you take any of the following actions on sbmarketer.com:

1. At the time you click any website forms for newsletter subscriptions, or to request lead magnets, or to buy a product, service, or subscription, via the buttons “SEND”, “SUBSCRIBE”, “SUBMIT”, “PAY NOW”, “ORDER”, “BUY NOW”, “I ACCEPT”, “I AGREE” or similar buttons;
2. If you submit information through the website, such as providing blog comments, or respond to a request for information through the website, or begin accessing, or requesting the website resources, e.g. lead magnet checklists;
3. When you complete a purchase, after selecting a method of payment, and/or enter in payment method information.

 
This Agreement will terminate in our sole discretion if:

1. You fail, or we suspect that you have failed, to comply with any term, condition, or provision of the Agreement.
2. If we suspect you have violated any Australian or International law, whether in connection with your use of SBMarketer’s website/OR, or your use of your staging or live website, or otherwise.
3. If we are notified by authorities or a legitimate whistle blower, that you have violated any law, e.g. commercial law, privacy law, spam law, misleading advertising law.

 
We may terminate or suspend your access to our website/OR, or your staging or live website, at any time without prior notice to you, if we believe you have breached the Agreement T&Cs or violated any law.

We will provide a notice of suspension or termination to you in such case, that outlines our reason for the suspension or termination, and how outstanding financial matters are to be settled.

The T&Cs of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement, and/or your account, or relationship with SBMarketer.

Upon termination, you remain responsible for any outstanding balances owed to SBMarketer and you are expected to make full payment on all outstanding balances.

This Agreement and any issue or dispute arising out of it – or otherwise related to this Agreement, or our Privacy Policy Statement, or your access to or use of our Website/OR, our your access to or use or your staging or live website, or any matter concerning SBMarketer, including your purchase and use or attempted use of any service, or product, or subscription – shall be governed exclusively by the laws of the City of Brisbane, Queensland, without regard to its conflicts of laws principles.

To the extent that any claim or dispute is found by the mediator/arbitrator (QCAT), or (if proper) a court of competent jurisdiction, to be excluded from the ADR Mediation Agreement in Section 14 – the parties agree any such claim or dispute shall be exclusively brought in and decided by the courts (local, district, or state) located in Brisbane City, Queensland, Australia.

If any provision of this Agreement is found by the mediator/arbitrator (QCAT) or (if proper) a court of competent jurisdiction to be invalid or unenforceable – the remaining provisions shall not be affected thereby and shall continue in full force and effect – and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable.

You agree and hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such courts, and forever waive any challenge to said courts’ exclusive jurisdiction or venue.

All such claims must be brought on an individual and non-class, non-representative basis, and you forever waive any right to bring such claims on a class wide or representative basis.

SBMarketer will not be responsible to you for any delay, damage, or failure caused or occasioned by any act of nature, or disaster, or war, or calamity, or other causes beyond our reasonable control.

In such case, we will stay in communication with our customers and advise when operations will likely return, or advise on alternative solutions to complete or handover projects and services.

SBMarketer in its sole discretion, may assign its rights under this Agreement, at any time, without notice to you. This could occur if the business is restructured, or moved to a different entity, or sold to a new entity.

Your rights arising under this Agreement cannot be assigned without the express written consent of SBMarketer through its owner, or acting legal officer, or other legal representative.

All information communicated on the Website/OR is considered electronic communication. When you communicate with SBMarketer through or on the Website/OR, or via other forms of electronic media, such as e-mail, or chat message, or video call, you are communicating with us electronically.

You agree that we may communicate electronically with you, and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing.

You further agree that all electronic communications with us, shall have the same force and effect as if they were in writing, and signed by the party sending the communication.

You hereby represent and warrant:

1. You are at least eighteen (18) years of age (under 18s are excluded from using sbmarketer.com), or the legal age of majority in your jurisdiction;
2. You own, operate, and/or have the right to bind the business for which you are using the Website/OR;
3. You have read this Agreement and thoroughly understand & agree to the T&Cs in this Agreement;
4. You will not resell, re-distribute, or export any product or services that you order from the Website.

 
You further represent that SBMarketer has the right to rely upon all information you provided to us, and we may contact you and your business by email, telephone, chat message, or postal mail for any purpose, including but not limited to:

1. Newsletter & lead-magnet email marketing & follow-up calls;
2. Abandoned cart email marketing & follow-up calls;
3. Webinar or group video call follow-up emails & calls;
4. User or customer satisfaction email surveys & follow-up calls;
5. Inquiries about orders you placed on the Website;
6. Inquiries about purchases & related products/services.

 
You further represent and warrant that there are no prior or pending government investigations or inquiries of, or prosecutions against you, or any business related to you, by the Australian government or regulators, by the US Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority, anywhere in the world – nor any prior or pending private lawsuits against you.

If at any time during the life of the Agreement you, or any business related to you, becomes the subject of a government investigation, inquiry, or prosecution by the Australian government or regulators, or the US Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority anywhere in the world, or the subject of any lawsuit – you will notify SBMarketer of the same within 24 hours.

SBMarketer at its sole discretion, may terminate the Agreement based on any investigation, proceeding, or lawsuit identified pursuant to this paragraph, or otherwise discovered by us without incurring any obligation or liability to you.