1.1 Company Details: These Terms and Conditions (“Terms”) govern the use of services and the website provided by Aware To Success Pty Ltd (referred to as “Aware To Success,” “we,” “us,” or “our”). Aware To Success is the sole legal entity that clients engage with for all services (including any programs or platforms such as the “Skill to Business” initiative). All services and offers are provided by Aware To Success under these Terms, and no other entity is party to this agreement. By accessing our website or engaging our services, you (“Client” or “you”) agree to be bound by these Terms. If you do not agree, you should discontinue use of our site and services.
1.2 Individual Agreements: The scope of services will be defined in a separate Service Agreement or proposal specific to each client’s project (to be agreed before any commitment or payment). These Terms apply generally to your use of our website and any services provided, and are to be read in conjunction with any specific service agreement. In case of conflict, the specific agreement will prevail to the extent of that conflict.
1.3 Month-to-Month Engagement: Our services are typically provided on a month-to-month subscription or engagement model. Either party may terminate the ongoing subscription as outlined in Section 9 (Termination). We do not require a long-term lock-in unless otherwise agreed, giving you flexibility. (We reserve the right to adjust this model in the future, but any changes will be communicated and reflected in these Terms.)
1.4 Acceptance: You indicate acceptance of these Terms by: (a) submitting an application or inquiry on our website, (b) signing a proposal or service agreement that references these Terms, or (c) continuing to use our website or services after being made aware of these Terms. If you are engaging our services on behalf of a company or organization, you represent that you have authority to bind that entity to these Terms.
1.5 Applicable Law: We operate from Queensland, Australia. These Terms, and any disputes arising under them, are governed by the laws of Queensland and the Commonwealth of Australia (see Section 12 below on Governing Law). We comply with all relevant Australian laws, including the Australian Consumer Law (ACL) and the Privacy Act 1988 (Cth), as applicable. Nothing in these Terms is intended to override any mandatory rights or remedies you have under law.
2.1 Scope of Services: Aware To Success provides consulting and implementation services to help you turn your skills or business into a structured system that attracts clients. Our services may include strategic discovery sessions, shaping your offer, setting up online presence (e.g. funnels, landing pages, CRM systems, calendars, AI chat agents, etc.), and other deliverables as agreed in your individual service plan. We focus on providing an “online presentation and setup” of your business systems, as opposed to guaranteeing any particular business outcome.
2.2 Platform and Tools: In delivering our services, we may grant you access to certain online platforms, software, or tools (for example, a customer relationship management (CRM) system, landing page builder, booking calendar, analytics dashboards, or AI-powered tools) (“Platform”). Any such Platform access is provided only for the duration of an active subscription or engagement with us. We reserve the right to suspend or revoke your access to any Platform features once your subscription or service term ends or is terminated. Generally, upon cancellation or termination of services, we may maintain your access for a brief grace period (e.g. up to 30 days) to allow you to retrieve data, but we are not obligated to do so – thus, you should export or back up any of your data prior to the end of the engagement. All Platform accounts we provide are for your use during the service period; if the subscription is not active, access may be disabled at our discretion. (We leave the exact grace period or cutoff undefined in these Terms to allow flexibility; however, it will typically align with a month-to-month access model.)
2.3 Third-Party Services: You acknowledge that the Platform and tools we use may be provided by third-party service providers or white-label software platforms. This means some of the systems (e.g. hosting, email delivery, payment gateways, AI APIs) are operated by external providers. We will manage and configure these tools for your benefit as part of our service, but we do not own or control those third-party services. As such, your use of certain features may also be subject to the third-party’s terms of use and privacy policies (we will inform you of any such terms where applicable). We make no warranty that third-party platforms will be error-free or continuously available, and we are not liable for any downtime, data loss, or performance issues attributable to those external services. We will, however, use reasonable efforts to select reliable providers and to maintain any configurations we implement for you.
2.4 Client Cooperation: Timely and effective delivery of our services relies on your cooperation. You may need to provide us with information, materials, feedback, or approvals during the project (for example, business information, text content for pages, images or branding assets, login credentials for existing accounts, etc.). Any timelines or target dates (including our guideline of ~2 months for initial setup) are contingent on you supplying required materials and responses on time. We are not responsible for delays caused by your delayed input or changes in project scope. That said, we aim to complete initial system setup within approximately two (2) months of the start date, but this may vary based on complexity and the level of your engagement.
2.5 Changes and Flexibility: We understand each client’s needs are unique. The specifics of deliverables (which funnels, how many pages, which integrations, etc.) will be determined in consultation with you before you commit. Any significant changes to the agreed scope should be documented (e.g. via email or an addendum to the service agreement) and may involve additional fees. We do not guarantee to accommodate out-of-scope requests under the original fee, but we will discuss options with you.
3.1 Fees and Invoicing: You agree to pay the fees as set out in your proposal or service agreement. Typically, our fee structure may include: (a) an initial setup and infrastructure fee (covering the upfront work of discovery, strategy, configuration and implementation), and (b) ongoing subscription or service fees for continued access, support, and maintenance (usually charged monthly). All fees will be quoted in Australian Dollars (AUD) and are exclusive of GSTunless stated otherwise (if GST applies, it will be added as required by law).
3.2 Non-Refundable Setup Fees: All setup, discovery, and infrastructure fees are non-refundable. By their nature, these fees compensate us for the time, effort, and intellectual input we invest at the beginning of the engagement (including strategy sessions, research, system configuration, and any third-party setup costs we may incur on your behalf). Once we have commenced work or held strategy/discovery calls, that work cannot be “unwound,” and thus any upfront payments covering such work are not reversible. For clarity: even if our setup process involves purchasing or configuring third-party tools or software for your project, the value we provide is in the service of setting up and tailoring these tools to your needs, along with our strategic guidance – therefore, these setup-related payments will not be refunded under any circumstances. We state this to set proper expectations; it is not intended to deprive you of any remedies under Australian Consumer Law, but rather to specify that change-of-mind refunds do not apply to services already rendered.
3.3 Subscription Fees: Ongoing subscriptions (monthly or otherwise) are typically paid in advance of each service period. If you are on a month-to-month plan, fees will be charged or invoiced monthly. You must keep your payment information up to date and pay invoices by the due date. Failure to pay ongoing fees may result in suspension of services or Platform access until the account is brought current. Except as required by law or expressly stated, we do not provide refunds for any unused portion of a subscription period if you decide to cancel mid-term.
3.4 Additional Services: If you request services beyond the initially agreed scope – for example, extra marketing funnels, additional calendar setups, creation of AI chat agents or other custom features, or more frequent consulting sessions – we will inform you if these incur additional fees. We will either quote a one-time fee or an adjusted subscription rate for such extras. We will not proceed with chargeable extra work without your agreement. It is agreed that any substantial additional requests will be billable at our standard rates (or as otherwise agreed in writing).
3.5 Third-Party Expenses: Our fees do not typically include third-party costs such as premium software subscriptions, paid advertising spend, domain registrations, etc., unless explicitly stated. If your project requires any third-party purchases directly by us, we will either have you pay those directly or pass them through at cost. Any such costs, if paid by us on your behalf, will be added to your invoice.
3.6 Third-Party Usage Charges
The Client acknowledges that certain features made available as part of the service offering (such as phone calls, email usage, SMS messaging, or AI-powered tools) may incur additional usage-based charges. These fees are determined by AWARE TO SUCCESS Pty Ltd and may reflect internal cost structures, handling, or platform integrations. The Client agrees to pay such fees as invoiced, where applicable. (Note: We avoid unnecessary third-party costs, and many tools we use are covered under our own licenses or are open-source, but any exceptions will be clearly communicated.)
3.7 No Set-Off: All payments must be made in full without set-off, counterclaim or withholding. You cannot withhold payment of any amount due to us for any reason, even if you have a dispute; any such issues should be handled under the dispute resolution clause rather than by withholding payment.
3.8 Taxes: If any taxes apply to the services (e.g. GST, VAT), you are responsible for those taxes. We will include GST for Australian customers as required. If you are outside Australia and any reverse-charge or similar mechanism applies, you will handle your own tax compliance.
4.1 Standard Support: We provide ongoing support to our active clients primarily via email. This support is intended to address basic inquiries, minor issues, or clarification needed about the systems we set up. In order to manage our workload and ensure fairness to all clients, we ask that you limit support inquiries to roughly one (1) email inquiry per week on average (unless otherwise agreed). We strive to respond to support emails within a reasonable time frame (typically 1-2 business days).
4.2 Scope of Support: Standard support covers guidance on using the Platform, minor tweaks, or troubleshooting of the systems we have delivered. It does not include new feature development, extensive consulting beyond the scope of the current engagement, or tasks such as building entirely new funnels, additional pages, complex marketing campaigns, copywriting, extensive AI training, etc. Those items would be considered additional services and are billable as per Section 3.4. We will always clarify if a request falls outside of included support and provide a quote or option before proceeding.
4.3 Support Channels: All official support must be requested via our designated email (which will be provided to you upon onboarding). We may, at our discretion, also offer support via other channels (such as scheduled calls, or in-app chat support on the Platform) but our obligation is limited to email support unless stated otherwise. We do not guarantee real-time or phone support except as separately agreed.
4.4 Emergency Issues: If you experience a critical issue (e.g. your landing page or calendar booking system is completely non-functional), you should flag the email as urgent or use any emergency contact mechanism we provide. We will make reasonable efforts to address urgent service outages as a priority. Keep in mind that if the issue is due to a third-party platform outage (for example, the CRM or hosting service is down globally), we may be reliant on that provider to resolve the problem.
4.5 Client Responsibility in Support: When requesting support, please provide as much detail as possible (screenshots, descriptions of the problem, steps to reproduce issues). This will help us resolve your inquiry efficiently. If the issue is caused by changes you or your team made without our knowledge (for instance, you altered some settings or code), we may still assist but it could be outside the scope of free support, in which case we’ll let you know if a fix would be billable.
5.1 Our Intellectual Property: Unless otherwise agreed in writing, Aware To Success retains all Intellectual Property (IP) rights in all materials, methodologies, processes, templates, and content we provide or use in connection with our services. This includes (but is not limited to) any pre-built funnel templates, website layouts, software code, workflows, marketing copy we authored, AI prompts or configurations, documentation, and any strategies or ideas we propose or discuss with you during sales or delivery. We do not transfer ownership of our IP to you through the provision of services. Rather, upon full payment of applicable fees, we may grant you a limited license to use the deliverables and materials we provide for the purposes of your own business use and only within the scope of the project. This license is non-exclusive, non-transferable, and revocable if you breach these Terms.
5.2 Use of Templates and Pre-existing Materials: You acknowledge that part of our value is in leveraging proven frameworks and templates. We may use our own pre-existing designs or third-party licensed templates as components of your funnels or pages. We ensure we have rights to use these materials, and their inclusion benefits you by utilizing “well-performing” structures. Using such templates does not constitute a work-made-for-hire for you – the underlying template and design techniques remain our property or the property of the original licensor. You receive the results (the functioning funnel/page) under the license in 5.1. We also reserve the right to reuse or adapt generic aspects of your project (non-confidential elements, know-how, or code) in our business for other clients, as this is a standard industry practice and part of how we deliver efficient solutions. We confirm that reuse will not include your confidential information or unique branding (without permission), and will not violate any of your own IP rights.
5.3 Your Intellectual Property: As the client, you retain ownership of any content you provide to us for inclusion in the project. For example, your logos, trademarks, images, videos, or original text that you supply (“Client Content”) remain yours. You warrant that you have the necessary rights to any Client Content you provide and that our use of it as part of the project will not infringe the rights of any third party. You grant us a license to use, reproduce, modify, and publish your Client Content as needed to perform the services. This license is royalty-free and worldwide, but strictly limited to use for delivering your project or as otherwise permitted by these Terms.
5.4 Confidentiality & Non-Disclosure: In the course of our dealings, either party may share confidential information with the other (e.g., business strategies, customer lists, financial information, or in our case, proprietary methods and systems). Each party agrees to keep the other’s confidential information strictly confidential and to use it only for purposes of fulfilling the contract. In particular, any ideas, proposals, demonstrations, or strategic advice we provide to you (even before you formally engage us) are considered our confidential and proprietary information. You must not disclose our methodologies, know-how, or any materials we show you to any third party or use them to create a derivative solution without our express written consent. This obligation applies before, during, and after our engagement. (In plain terms: if we present you with a business system idea or funnel blueprint in a discovery call or proposal, you cannot take that plan and implement it on your own or with another provider unless you have paid for it or obtained our permission – doing so would constitute misuse of our IP and breach of confidentiality.) This clause does not apply to information that is or becomes public domain through no fault of the receiving party, or was independently known or developed by the receiving party legitimately.
5.5 IP Protection: You agree not to remove, obscure, or alter any proprietary notices (e.g., copyright or trademark symbols) that we may include on deliverables. If we provide access to any custom software or scripts, you will not attempt to reverse engineer, decompile, or create competing software from it. Both parties acknowledge that monetary damages may not fully remedy unauthorized use or disclosure of confidential information or IP; thus, we reserve the right to seek injunctive relief to prevent or stop such breaches, in addition to any other remedies available.
5.6 IP Indemnity: We will defend or settle any claim that deliverables created solely by us infringe a third party’s intellectual property rights, provided that you notify us promptly of the claim and give us sole control of the defense. This indemnity does not cover combinations of our deliverables with anything you supplied or third-party products (where the claim wouldn’t have arisen but for that combination), nor use of deliverables in a manner not permitted by this Agreement. Conversely, you agree to indemnify us if any Client Content you provided causes an IP infringement claim against us.
6.1 Anonymised Portfolio Use: We are proud of the work we do and reserve the right to showcase elements of the project deliverables in our portfolio, marketing materials, or case studies, in an anonymised or generalised form. For example, we may describe the type of funnel or system implemented and the results in broad terms, or show screenshots of a landing page with sensitive details redacted or fictionalized. This is a common industry practice to demonstrate our capabilities.
6.2 Client Identification: We will not publicly identify you or your business by name as the subject of a portfolio piece without your prior consent (unless you have already provided a public testimonial or reference that we can quote). Typically, we frame portfolio examples in a way that focuses on the challenge and solution, without disclosing confidential or competitively sensitive information.
6.3 Opt-Out: If you prefer that none of your project details be used in our portfolio or marketing, you have the right to opt out. You can notify us in writing (email is sufficient) at any time, and we will refrain from any future use of your project in our marketing. (Do note that we cannot retract materials already published prior to your opt-out, but we will honor no further use.) Opting out will not affect your service or our relationship in any way.
6.4 No Endorsement: Our portfolio use of a project does not imply your endorsement of our services, and we will not state or imply any false association. Similarly, your use of our service does not mean we endorse your business; both parties agree not to misrepresent the relationship.
7.1 Lawful Use Only: You agree that you will use the systems, funnels, and platforms we set up only for lawful purposes. You are solely responsible for the legality and ethics of your own business operations and content. Aware To Success does not supervise or vet your business activities or offers – we simply provide tools and structural guidance. Thus, you must ensure that your business complies with all applicable laws and regulations (e.g. consumer protection laws, advertising standards, privacy laws for your customers’ data, spam/email marketing laws, professional licensing requirements in your field, etc.). If you operate in a regulated industry (health, finance, etc.), you must inform us of any compliance requirements that might affect the project.
7.2 No Misuse of Platform: You must not use the provided Platform or tools to engage in fraudulent, deceptive, misleading, or illegal activities. Prohibited uses include, but are not limited to: sending spam or unsolicited bulk messages, hosting or distributing unlawful content, harassment, infringement of intellectual property of others, or collecting personal data in violation of privacy regulations. If we discover or suspect that you are using our services or the Platform for any unlawful or unethical purpose, we reserve the right to suspend or terminate your access (though we are not obligated to monitor your content, see 7.3 below).
7.3 No Duty to Monitor: We do not actively monitor the content you create or the messages you send using systems we set up, and we are not in a position to police how you run your business. We provide the tools; you control how you use them. Therefore, we cannot be held liable for any outcomes of your business activities, including any legal consequences, customer disputes, or losses arising from how you operate. You acknowledge that we don’t have the capacity or responsibility to investigate your business model, ensure your compliance, or detect wrongful conduct – those responsibilities lie entirely with you.
7.4 Client Indemnity: You agree to indemnify and hold harmless Aware To Success and its directors, employees, and contractors from any claims, liabilities, losses, or expenses (including reasonable legal fees) arising out of or related to: (a) the content or data you or your end-users input into the Platform, (b) your marketing or business practices (for example, any claim that your services were performed improperly, or your advertising was misleading), or (c) your use of the deliverables in violation of any third-party rights or laws. This indemnity extends to any penalties or fines imposed due to your breach of law (e.g. spam fines or privacy violations) that are not due to our fault.
7.5 Data Backup & Export: While we strive to maintain stable systems, it is ultimately your responsibility to keep backups of any critical data (such as contact lists, leads, or transaction records) entered into any Platform we provide. If you need assistance exporting data from the Platform (especially when leaving our service), we will reasonably assist upon request. We cannot be responsible for loss of data in systems beyond our control (for instance, if the underlying CRM provider suffers a failure); see Section 8 for our liability limitations related to third parties.
7.6 Cooperation and Feedback: To get the most out of our service, you should provide timely feedback and information when asked. Non-responsiveness or indecision on your part can impact results. While not a breach per se, a lack of engagement may result in suboptimal outcomes, which we cannot be held responsible for. If we are waiting on you for more than a reasonable period, we may put your project on hold until you respond. Re-activation may be subject to our availability.
8.1 No Guarantee of Results: Aware To Success provides tools, structure, and expertise to set up your business systems, but we do not guarantee any particular business results, number of enquiries, leads, revenue or profits from the use of these systems. You understand that success in business depends on numerous factors outside our control, including your underlying service quality, market demand, pricing, competition, your effort in following up with leads, etc. Any examples of results or case studies we share are for illustrative purposes only and are not promises of what you will achieve.
8.2 Services Provided “As Is”: To the maximum extent permitted by law, our services and any deliverables are provided “as is” and “as available” without any express or implied warranties of any kind. Specifically, we do not warrant that the functions of the Platform or any deliverables will meet all of your requirements, or that they will operate uninterrupted or error-free. While we strive for quality and accuracy, we make no warranties or representations regarding the accuracy, completeness, timeliness or reliability of any information or content we provide. You acknowledge that any business or strategic information provided (whether by human consultants or through AI tools) may vary in phrasing or interpretation, and you should not solely rely on it without using your own judgment.
8.3 Third-Party Disclaimers: Any third-party software, services, or content are outside of our control and are provided without any warranty by us. We do not guarantee the ongoing availability or functionality of any third-party integrations (e.g., if a payment gateway or a social media API changes its terms or fails, that is not within our warranted control). We shall not be responsible for any losses or damages caused by third-party service outages, interruptions, or errors.This includes, for example, if the CRM system experiences downtime, if an email delivery service blacklists a domain, or if an AI service produces unsatisfactory outputs. We will, however, take reasonable actions to mitigate issues and keep your systems running.
8.4 Call Recording and AI-Assisted Processing
We may record calls or written communications and use AI-powered tools to generate summaries, notes, or insights. These may be used internally for documentation, quality assurance, or staff training purposes. By engaging with our services, you consent to such recordings and AI-assisted processing. All personal information is handled in accordance with our Privacy Policy and applicable privacy laws.
8.5 No Professional Advice: Any business or marketing advice we provide is general in nature and based on our experience. It does not constitute legal, financial, or other professional advice. You should seek independent professional advice for matters like legal compliance, accounting, or financial planning. We disclaim any liability for decisions you make based on advice or information we provide, except to the extent that liability cannot be lawfully excluded.
8.6 Australian Consumer Law: You have statutory guarantees under the ACL when you obtain services of a kind ordinarily acquired for personal, domestic or household use (or under the small business protections, if applicable). Nothing in these Terms excludes, restricts or modifies any guarantee or liability that cannot be excluded under the ACL. In particular, we acknowledge that we provide our services in accordance with Australian Consumer Law. However, where our services are not of a kind ordinarily used for personal, domestic or household purposes, and you are acquiring them for business purposes, you agree that any non-mandatory warranties (e.g. implied warranties of fitness for purpose) are excluded. This Section is intended to comply with ACL requirements and is not intended to limit your rights but to ensure we do not promise anything beyond what the law requires us to.
8.7 “As Is” Summary: In summary, aside from the consumer guarantees that cannot be excluded, we make no other warranties or guarantees. Use of our service is at your own risk. The systems and strategies provided are tools – how effectively they perform will depend in large part on how you use them and external market conditions.
9.1 Cap on Liability: To the fullest extent permitted by law, the maximum aggregate liability of Aware To Success, its owner(s), employees, and contractors, for all claims arising from or related to the services or these Terms (whether in contract, tort (including negligence), equity, or statute) shall be limited to the total fees actually paid by you to us in the three (3) months preceding the event giving rise to the liability. If no fees were paid (for example, if you only used our website but did not purchase services), our liability is capped at AUD $100.00. This cap applies no matter how many events or claims you allege.
9.2 Exclusion of Certain Damages: To the fullest extent permitted by law, we will not be liable to you for any indirect, consequential, special, or exemplary damages, or for any loss of profit, loss of revenue, loss of anticipated savings, loss of business opportunity, loss of or corruption of data, or reputational damage, arising out of or in connection with our services or these Terms. This exclusion applies even if we have been advised of the possibility of such damages. You agree that this allocation of risk and liability is a part of the bargain between us and is reflected in our pricing.
9.3 Third-Party Liability: We are not responsible for any liability arising from the acts or omissions of third-party providers or platforms that we use to deliver the service. For example, if the underlying CRM platform has a security breach, or a cloud service loses data, any remedy or compensation may be limited to what we can recover from that third party (and we will pass through to you any such recovery if it pertains to your losses). We do not assume liability on behalf of third parties.
9.4 Mitigation and Notification: You agree to take reasonable steps to mitigate any loss you suffer (for instance, if you notice a problem, you will inform us promptly so we can attempt to fix it, rather than letting it worsen). If you believe you have a claim against us, you must notify us in writing with details within a reasonable time (no later than 6 months from when you became aware of the issue) so that we can investigate. Failure to provide timely notice may, to the extent permitted by law, relieve us of some or all liability if the delay prejudiced our ability to address the issue.
9.5 Non-Excludable Liability: Where liability cannot be lawfully excluded but can be limited, we limit our liability to (at our option) either re-supplying the services to you or paying the cost of having the services re-supplied. For instance, if there is a minor failure in our service under the ACL, we will correct it at no cost to you or refund an appropriate portion. This provision is intended to comply with Section 64A of the ACL for limiting liability for non-major failures in guarantees for services not for personal use.
9.6 Acknowledgement: You acknowledge that the fees paid reflect the allocation of risk in these Terms. We are a small business (or individual consultant) providing services to assist you, and the limitations of liability are a reasonable and fundamental part of this agreement, as large-scale liabilities are not priced into the service. If you require us to accept a higher liability, we would need to negotiate a different fee structure to account for that risk.
10.1 Termination by Client: You may terminate the month-to-month subscription or services at any time by giving us notice (written/email notice is acceptable). If you terminate, your access to the Platform and any ongoing work will cease at the end of the then-current billing period (unless otherwise agreed). We do not refund any remaining days in a billing cycle upon termination (see 3.3). If you had pre-paid for a longer period, we can discuss a pro-rated refund solely for unused full months beyond the minimum commitment, but the setup fee and current month are not refundable.
10.2 Termination by Us: We reserve the right to terminate or suspend the services (including Platform access) under the following circumstances: (a) if you fail to pay an invoice within 14 days after a reminder notice of non-payment; (b) if you materially breach any provision of these Terms (or any applicable law) and do not cure the breach within 10 days of notice (if curable); (c) if we, in our sole discretion, determine that your use of the service is unlawful, or is causing material harm to our infrastructure or reputation; or (d) if you become insolvent, bankrupt, or enter liquidation or administration. We will endeavor to give you notice and an opportunity to discuss before terminating in cases where practical. Termination for cause is without prejudice to any other rights or remedies we may have at law or under these Terms.
10.3 Effect of Termination: Upon termination or expiration of services, we may immediately revoke any user access to the Platform, and any data or content you have on the Platform may be archived or deleted. We typically allow up to 30 days post-termination for you to request a data export (and we will assist with that if requested), but we do not guarantee retention of data beyond that period. It is your responsibility to ensure you have exported any information you need prior to termination. Any licenses granted to you for our IP (Section 5.1) will end, meaning you should cease using any deliverables that are not usable independently of our Platform (for example, if we built a funnel on our system, you can no longer operate that funnel unless you have made a separate arrangement to transfer it to your own platform). However, any standard materials we delivered (e.g. copywriting, design files that are on your website) you can continue to use, subject to the license restrictions (i.e. internal use, no resale or sharing our templates).
10.4 Surviving Provisions: The provisions of these Terms which by their nature are intended to survive termination (including but not limited to clauses on Intellectual Property, Confidentiality, Disclaimers, Limitation of Liability, Dispute Resolution, and Governing Law) shall remain in effect after termination.
10.5 No Impact on Fees Owed: Termination does not relieve you of the obligation to pay any fees accrued or payable to us prior to the effective date of termination. If termination occurs mid billing cycle due to our breach and you have pre-paid, we will refund the unused portion. If termination is due to your breach or initiated by you without breach on our part, no refunds are due for the current period.
11.1 Good Faith Negotiation: Both parties agree that, in the event of any dispute, claim, question, or disagreement arising out of or relating to these Terms or the services provided, they will first try to resolve the dispute through good faith negotiations. A party with a dispute must give written notice to the other party describing the issue in detail and proposing a resolution. The parties shall then communicate promptly and negotiate in good faith to try to resolve the matter. Each party agrees to genuinely consider the other’s perspective and to try to reach a fair compromise through discussion. Only if such good faith negotiations do not resolve the dispute within a reasonable time (for example, 30 days from the initial notice of dispute, unless the parties agree to extend discussions), may either party seek more formal remedies as described below.
11.2 Mediation (Optional but Recommended): If direct negotiations fail, the parties may (by mutual agreement) attempt to resolve the dispute through mediation before proceeding to litigation. Mediation is a facilitated negotiation with a neutral third-party mediator. If both parties agree to mediation, they will jointly appoint an independent mediator (or ask a mediation service to appoint one) and share the cost of mediation equally. Mediation will take place in Queensland (unless another location or online format is agreed). All communications during mediation will be without prejudice and confidential. Mediation is not mandatory under these Terms, but it is strongly encouraged as a way to resolve issues efficiently and amicably.
11.3 Litigation or Arbitration: In the event the dispute is not resolved by negotiation (or mediation, if attempted), either party may commence legal proceedings. Unless otherwise agreed, disputes will be submitted to the courts of competent jurisdiction in Queensland, Australia (see Governing Law & Jurisdiction below). [If the parties prefer arbitration for certain types of disputes, they can mutually agree in writing to arbitrate, but there is no automatic arbitration clause in these Terms.]
11.4 No Class Actions: To the fullest extent permitted by law, you and Aware To Success agree that any disputes will be resolved only on an individual basis. You will not bring or participate in a class action, consolidated, or representative claim against us. By agreeing to these Terms, you waive any right to join or consolidate your claims with those of others, or to seek any relief on a class or representative basis. We highlight that this class action waiver may be subject to legal limitations: if a court deems it unenforceable or if the law disallows such waivers in certain contexts (e.g. for consumer contracts under unfair contract terms laws), then it shall be severed from these Terms and not affect the validity of the remaining provisions. Even if the waiver is struck down, the parties shall pursue disputes on an individual basis to the extent possible.
11.5 Injunctive Relief: Notwithstanding the above negotiation clause, either party may seek interim or injunctive relief from a court if necessary to prevent serious and immediate harm. For example, we may seek an injunction for unauthorized use of our intellectual property or breach of confidentiality without first negotiating in good faith (because the harm of delay might be irreparable in such cases). This does not waive the requirement for broader dispute negotiation for other issues.
11.6 Time Limit on Claims: To promote timely resolution, the parties agree that, to the extent permitted by law, any claim or cause of action arising out of or related to our services or these Terms must be filed within one (1) year after such claim or cause of action arose. Otherwise, it is irrevocably waived. (This does not apply to collection of unpaid fees or intellectual property claims, which may be brought within the statutory limitation periods.)
12.1 Governing Law: These Terms and any related dealings between us are governed by the laws of the State of Queensland and the federal laws of Australia applicable therein. The rights and obligations of the parties under these Terms shall, to the extent possible, be construed in a manner consistent with applicable consumer laws and regulations.
12.2 Jurisdiction: The parties agree to submit to the non-exclusive jurisdiction of the courts of Queensland, Australiafor the hearing of any legal matters arising out of these Terms or the services. “Non-exclusive jurisdiction” means that if you are a resident of a different state or country, you may also bring proceedings in your local jurisdiction if required by law, but in any case Australian law will apply. We do not seek to prevent any rights you have to litigate or defend in your home forum if applicable law gives you that right, but by entering these Terms you acknowledge that Queensland is a convenient forum and you won’t object to proceedings there on grounds of forum non conveniens.
12.3 Unenforceability & Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or tribunal of competent jurisdiction, that provision will be severed or modified to the minimum extent necessary so that it becomes legal and enforceable (or, if it cannot be made legal, then deemed severed entirely), and the remaining provisions of these Terms will continue in full force and effect. A severed clause (for example, certain liability limitations or the class action waiver if found unfair) does not invalidate the rest of the agreement.
12.4 No Waiver: No failure or delay by either party in enforcing any right or provision of these Terms shall constitute a waiver of that right or provision. A waiver is only effective if in writing and applies only to the specific instance stated. For example, if we overlook a payment delay once, it does not mean we waive our right to enforce timely payment going forward.
12.5 Assignment: You may not assign or transfer any of your rights or obligations under these Terms to a third party without our prior written consent (such consent not to be unreasonably withheld). We may assign our rights and obligations to a successor in interest (for instance, if the business is sold or merged) by providing notice to you, provided that the assignment does not reduce your rights.
12.6 Entire Agreement: These Terms, together with any service agreement or proposal and our Privacy Policy (incorporated by reference), constitute the entire agreement between you and Aware To Success regarding the subject matter. They supersede all prior or contemporaneous communications and proposals, whether oral or written, between us in relation to the services. (However, this does not limit liability for fraud or misrepresentation). In entering this agreement, neither party has relied on any representation or warranty not expressly set out in these written Terms or the written service agreement.
12.7 Changes to Terms: We reserve the right to modify these Terms from time to time, for example to adapt to new laws, changes in our service, or improved clarity. If we make material changes, we will notify active clients (e.g. via email or a notification on our website) and provide the updated Terms on our website. Continued use of the website or our services after an update constitutes acceptance of the new Terms. If you do not agree to a change, you may terminate the services as per Section 10.1; the latest version of the Terms will govern any ongoing engagement.
12.8 No Partnership or Employment: Your relationship with Aware To Success is that of an independent client-contract service relationship. Nothing in these Terms is to be construed as creating a partnership, joint venture, employment, or agency relationship between us. Neither party has the power to bind the other to any third-party obligations.
12.9 Force Majeure: We will not be liable for any delay or failure to perform our obligations if such delay is due to circumstances beyond our reasonable control, such as acts of God, epidemic, pandemic, war, terrorism, civil disorder, labor strikes, power or telecommunication outages, or failure of third-party platforms (a force majeure event). In an event of force majeure, our obligations are suspended for the duration of the event. We will communicate with you and do our best to work around the issue.
12.10 Notices: Any notices or communications required under these Terms should be given in writing. We will use the contact information you provided (e.g. your email address). You can reach us at our official business email or mailing address provided on our website. It is your responsibility to keep your contact details up to date with us.
12.11 Consumer Rights Notice: Because our services are often provided to small businesses or individuals, the ACL may classify you as a “consumer” or your contract as a “small business contract” in certain cases. If so, certain clauses in these Terms may not apply to the extent they are prohibited or adjusted by law (for example, some liability limitations or the class action waiver might not be enforceable against a consumer – in which case your statutory rights prevail). We include these provisions for broad protection, but we will not rely on any term that a court rules to be unenforceable in your circumstance. In any event, we will always act in good faith and fairly, as that is core to our ethos.
12.12 Language: These Terms are written in English. If they are translated into another language, the English version prevails to the extent of any inconsistency. We aim to write in plain language for clarity, and headings are for convenience only and do not affect interpretation.
12.13 Contact and Questions: If you have any questions about these Terms or need clarification, please contact us before agreeing or continuing. You can reach us at [insert contact email] or via the contact form on our website. We are here to help you understand your rights and obligations. By proceeding with our services, you acknowledge that you have read and understood these Terms.
By using the Aware To Success website or engaging our services, you confirm that you agree to these Terms & Conditions.(Last updated: 30.01.2026)