Website Terms and Conditions

 

The Trustee for the Iceberg Institute Trust

Welcome to our website. This website with URL address www.jasontsmith.com.au is owned and operated by The Iceberg Leadership Institute, a trading name for the Trustee of the Iceberg Institute Unit Trust. Should you continue to use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy Policy govern our relationship with you in connection with this website. Should you not agree with any of these terms and conditions, please do not use our website.

The terms ‘Iceberg Leadership Institute’, ‘ILI’, ‘Jason T Smith’ or ‘us’ or ‘our’ or ‘we’ refers to the owner of the website. The term ‘Client’ or ‘you’ or ‘your’ refers to the website user.

General

The use of services provided by the ILI constitutes an agreement to these terms.

ILI will take every precaution possible for the protection of its Clients’ intellectual property and will not disclose any information about the Clients’ business to any third party, without prior consent from the respective Client. These terms and conditions are subject to change at any time, without prior notice.

Your use of this website is subject to the following terms and conditions:

  • The content of this website is for your general information and use only. It is subject to change without prior notice.
  • Neither we nor any third parties provide any warranty or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.
  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  • This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the content, design, layout, appearance, look and graphics of the website. Any reproduction of the website’s material is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  • Unauthorised use of this website may be a criminal offence and/or give rise to a claim for damages.
  • This website may also, on occasion, include links to other websites which are not controlled by us. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk. They do not signify that we recommend or endorse the websites. We have no control over the nature, content and availability of those websites.
  • Your use of this website and any dispute arising out of your use of it is subject to the laws of Victoria.
  • You may only use the website for lawful purposes and in a manner consistent with the nature and purpose of the website.
  • These terms and conditions do not relate to your use of any product or service described on our website unless otherwise agreed. You must refer to the individual warranty relevant to any particular product or service.
  • These terms and conditions may be amended from time to time. Your continued use of our website following any such amendments will be deemed to be confirmation that you accept those amendments.
  • You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of our service or the website.
  • In no event will we be liable for any loss, damage, cost or expense including legal costs and expenses (whether direct or indirect) incurred by you in connection with the use of our service or the website.
  • Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

PRICING

All prices are expressed in Australian dollars and exclude 10% GST (goods & services tax) unless otherwise stated. While we shall endeavour to keep pricing current at all times, pricing may be subject to change without notice.

PAYMENT METHODS

The ILI accepts the following payment methods:

  • PayPal
  • Apple Pay
  • Secure On-line Credit Card (Visa, MasterCard and American Express)

If paying by credit card (Visa, MasterCard and American Express) the transaction will be done within a secure environment. We do not store any credit card details for on-line transactions. Credit cards are charged at the time of ordering.

For pre-approved Clients only, ILI may enable payment by monthly invoicing depending on the circumstances.

Payments Terms

The Client agrees to make payment of all invoices for all services received from ILI, by the due date specified on the invoice(s).  The Client understands and agrees that, should there be a delay in payment, this may have an effect on the commencement and/or completion of agreed tasks or projects. We will be paid at the rate specified as per the package selected for work performed in accordance with this agreement.

Invoicing

The Client agrees to receive all tax invoices electronically via a nominated email address, and accepts responsibility for checking their email regularly and notifying ILI of any changes to their email address immediately.  Monthly Service Package fees and/or any other monthly fees, as prescribed, are payable in advance and are non-refundable. Additional services may be invoiced as a once-off amount, paid in advance, monthly or otherwise, at the discretion of ILI.

Refunds

Due to the nature of the business there are no refunds available to the Client for any of the ILI website(s), services or products, unless otherwise specified.

Late Payments

The Client agrees that payment(s) for all invoice(s) will be made by the due date of each invoice, as defined in the terms of payment on each invoice. The Client agrees they are entirely responsible to ensure that they maintain an up to date record of all invoices received from ILI and update any changes to their email address to ILI immediately. 

  • SEVEN days after the due date, should invoice(s) remain unpaid for a period of Seven Days from the due date of the invoice a non-payment fee of $20+GST will be applied to each outstanding invoice. The Client agrees to pay this non-payment fee without question. 
  • FOURTEEN days after the due date, should invoice(s) remain unpaid for a period of fourteen days from the due date of the invoice the Client agrees that ILI has the right to suspend services until all outstanding invoice(s) have been paid. 
  • Continued non-payment will result in the commencement of debt recovery action for all unpaid invoice(s).  Any costs incurred by ILI for the debt recovery will be the responsibility of the Client. 

Consultation Services

ILI will consult with the officers and employees of the Client concerning matters relating to the management and organisation of the Client, generally any matter arising out of the business affairs of the Client.

Time Devoted by Consultant

Consultants for ILI will spend the allocated time (depending on package selected) in fulfilling its obligations under this contract. The particular amount of time may vary from day to day or week to week. However, we shall devote the stipulated minimum hours per month to its duties in accordance with this agreement.

Place Where Services Will Be Rendered

ILI will perform most services in accordance with this contract at a location of the consultant’s discretion. In addition, ILI will perform services on the telephone and at such other places as necessary to perform these services in accordance with this agreement. 

Independent Contractor

Both the Client and ILI agree that ILI will act as an independent contractor in the performance of its duties under this contract. Accordingly, ILI shall be responsible for payment of all taxes including Federal, State and local taxes arising out of the consultant’s activities in accordance with this contract.

Confidential Information

ILI agrees that any information received by us during any furtherance of the consultant’s obligations in accordance with this contract, which concerns the personal, financial or other affairs of the Client will be treated by ILI in full confidence and will not be revealed to any other persons, firms or organisations.