The terms that govern the empwr. for firms website, program and materials.
Draft for legal review. These terms have been prepared as a working draft and must be reviewed and approved by a qualified Australian lawyer before they are relied upon. Do not publish without that review.
These Terms of Service ("Terms") govern your access to and use of the website at empwrfirms.com.au (the "Site") and all related services, content, materials and programs provided by empwr. for firms ("we", "us", "our"), a business name (EMPWR FIRMS) operated by New Wave Business Solutions Pty Ltd (ABN to be inserted), of Gold Coast, Queensland, Australia.
By accessing the Site or using our services you agree to be bound by these Terms. If you do not agree, you must not use the Site or our services.
empwr. for firms is a twelve (12) month education and coaching program for accounting and bookkeeping firm owners. It comprises:
Places are limited and allocated by application. We may accept, defer or decline any application at our discretion. There is no application fee.
The program is educational. We are not acting as your accountant, tax agent, financial adviser, lawyer or IT security consultant, and nothing provided through the program constitutes professional financial, accounting, tax, legal or security advice.
Fees are as quoted to you before you enrol and confirmed in your enrolment. They are billed monthly in advance by subscription for twelve (12) months from your Kick-Off, and include GST unless stated otherwise. Optional add-ons, including private one-to-one time with the founder, build and implementation hours and Intensive tickets, are charged separately at the rates quoted to you.
By joining, you commit to the full twelve (12) month term from your Kick-Off.
If the program is not giving you value, you may end the agreement by written notice given before your third monthly payment falls due. On exercise of that right:
If no notice is given before your third monthly payment falls due, the twelve (12) month commitment applies and the remaining fees are payable for the balance of the term.
If a payment fails we will contact you. We may suspend access to the program while an account is in arrears. Suspension does not reduce fees payable.
Nothing in this clause limits any right or remedy you have under the Australian Consumer Law that cannot be excluded.
We commit to supporting you to have one working tool live in your firm by day thirty, assessed against six criteria: it is deployed and usable by someone other than you; it runs on your firm's real data; it completes one workflow end to end; it passes the go-live security checklist; it has been used at least once on live work; and its time or cost saving has been measured against your baseline.
This commitment is conditional on your participation, including attending or watching the Launchpad calls, completing the Launchpad worksheets, completing the client consent step before real client data is used, and providing the data access needed to build. Assessment is made at the Flight Plan call (the Day-30 Showcase) and recorded.
For the avoidance of doubt, we do not guarantee any financial outcome, revenue, profit, capacity or cost saving. Figures published on the Site describing New Wave's own results reflect our experience in our own firm, and ranges given for savings or capacity are indicative only and will vary.
You agree not to:
This clause is important. The program teaches you to build software in your own accounts with third-party providers, and to connect it to your own systems and data.
To the maximum extent permitted by law, we are not liable for any loss, damage, breach or claim arising from tools you build or operate, or from your use of third-party services.
All curriculum, videos, playbooks, templates, frameworks, methodologies, branding and Site content are the intellectual property of New Wave Business Solutions Pty Ltd or its licensors. You receive a limited, non-exclusive, non-transferable licence to use them within your own firm for the duration of your membership and afterwards for your own internal purposes.
You may install, adapt and use the preset templates inside your own firm, including in tools you continue to operate after your membership ends. You may not resell, license, distribute or publish them, or offer them as a product or service to third parties, without our written consent.
You retain ownership of your firm's data and of anything you build. Where you share information with us for coaching purposes, you grant us a limited licence to use it solely to deliver the program to you.
Members share commercially sensitive information in calls, hot seats and the community. Both you and we agree to keep confidential any non-public information disclosed by another member and not to use it other than for the purposes of the program.
To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential or punitive loss arising from or in connection with the Site, the program or these Terms, including loss of profit, revenue, data or business opportunity.
Our total aggregate liability for any claim arising from or in connection with these Terms or the services will not exceed the total fees paid by you to us in the twelve (12) months preceding the event giving rise to the claim.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other law that cannot be excluded.
You agree to indemnify us and our directors, officers, employees and agents against claims, liabilities, damages, losses and expenses (including reasonable legal costs) arising from your use of the services, your breach of these Terms, your breach of any law or third-party right, or any tool you build or data you handle.
We handle personal information in accordance with our Privacy Policy. By using the Site and services you consent to that handling.
We may suspend or terminate your access if you breach these Terms and do not remedy the breach within fourteen (14) days of written notice, if your conduct is harmful to other members or to us, if required by law, or if we discontinue the program on reasonable notice.
Clauses that by their nature survive termination, including intellectual property, confidentiality, limitation of liability, indemnity and governing law, survive.
These Terms are governed by the laws of Queensland, Australia, and you submit to the non-exclusive jurisdiction of its courts.
If a dispute arises, you agree to first raise it in writing at support@empwrfirms.com.au. If it is not resolved within thirty (30) days, either party may refer it to mediation in Gold Coast, Queensland. If mediation does not resolve it within a further sixty (60) days, either party may commence proceedings. Nothing prevents either party seeking urgent interlocutory relief.
Severability. If a provision is invalid or unenforceable, the rest continues in effect.
Waiver. Failure to enforce a provision is not a waiver of it.
Entire agreement. These Terms, the Privacy Policy and any member agreement form the entire agreement between us.
Assignment. You may not assign your rights without our written consent. We may assign to a related body corporate or successor.
Changes. We may modify these Terms. Material changes will be notified to members by email at least fourteen (14) days before taking effect.
empwr. for firms, by New Wave Business Solutions Pty Ltd
Email: support@empwrfirms.com.au
Gold Coast, Queensland, Australia