Program Terms and Conditions

[last updated December 2023]

The Agency Mavericks programs are designed to assist members to grow their agencies and in turn increase their revenue. We connect you to other like-minded digital marketing entrepreneurs, provide digital agency coaching and offer you tailored suggestions to implement in your business.

These terms and conditions apply to the Agency Mavericks programs (all programs reference these terms and are referred to as ‘Program’) offered by Agency Mavericks Pty Ltd ACN 151 487 357

(referred to as ‘Agency Mavericks’, ‘we’, ‘us’, or ‘our’).

These terms and conditions are to be read together with our privacy policy found at https://www.agencymavericks.com/privacy-policy/ and any other formal written terms published on our website or written agreements between us. These documents together form our entire agreement with you.

These terms and conditions will become binding once you agree to proceed with our Program, use our Program or make any payment for our Program.

1. Agency Mavericks Programs

1.1 The Agency Mavericks Programs are designed to support digital marketing agencies to grow their business and revenue. We offer different Programs and membership options and we have listed the inclusions for Recurring Revenue Accelerator and Mavericks Club on our website.

1.2 When you initially contact us about any of our Programs, we may send you information via email or we may contact you via an online Zoom meeting or another audio-visual online link (or telephone) call. We invite any questions you may have about our memberships and our Programs at this time.

1.3 You will need to invest a considerable amount of your time, finances, commitment and focus to undertake our Programs. We expect our members to be proactive as part of the Program and you acknowledge that we cannot do the work for you.

1.4 The minimum membership duration for our Programs will be in accordance with the membership Program you are purchasing, and may be up to twelve (12) months, commencing from the date of this agreement.

1.5 Our membership benefits include:

a) online access to our current online courses;

b) limited time access to specific training, unique to your Program;

c) group coaching calls;

d) one-on-one calls including quarterly planning (flight planning) calls with our staff;

e) VIP access to our live and/or virtual events; and

f) access to the community, coaches and our team in your Program.

1.6 We may request some information from you, including private, business and financial information during the term of your membership. This is to assist you to grow your business. We will not use the information except in accordance with this agreement.

1.7 By proceeding with your payment, you accept these terms and conditions.

1.8 Once payment has been received, you will have access to the Programs.

1.9 We encourage a long-term business relationship between us as you grow your business over time. If you continue with your membership after the initial twelve (12) months, we will grant you access to additional online courses and content. We reserve the right to amend the course and contents at our discretion, as the purpose of this additional access is to support your learnings and build upon your initial education and experiences.

1.10 Please note that whilst we provide you with our assistance, we do not do it for you. That is your responsibility. You must engage your own professional support network of solicitors, accountants, financial advisors, and alike to implement the Programs suggestions and to obtain independent legal and financial advice about your own circumstances.

2. Program Commencement

2.1 Your membership with the Agency Mavericks Programs will commence with the introduction of our team and your coaches. Please ensure that you are prepared to meet with your coach regularly to gain the most from your membership.

3. General Information About the Programs

3.1 Individual components of our Programs are not redeemable, transferable, or interchangeable. Any unused component will expire at the end of the Term.

3.2 We will assist you to achieve your business goals, however we cannot guarantee any particular outcome, such as a particular amount of revenue, profit or loss, due to the extensive factors outside of our control. Some of these factors include government monetary and fiscal policies, market upturns and downturns, interest rates, and many other factors.

3.3 Before you purchase memberships in our Programs, you must assess whether the Programs are suitable for you, taking into account your own personal needs, including physical, mental, emotional and financial capacities and determining if you are able to fully commit to completing the Program in its entirety. We encourage you to seek professional assistance or contact us with any further questions, as necessary.

3.4 You acknowledge we are not accountants, financial advisors, solicitors, or lawyers and do not replace these professional services. You understand that our Programs are not to be used as a substitute for professional advice by legal, psychological, medical, financial, business, spiritual or other qualified professionals. You must seek independent professional guidance for your own circumstances. You agree that all decisions and actions in these areas are exclusively your responsibility.

4. Your Responsibilities

4.1 As part of your membership, we provide coaching about how to use certain platforms, services and software to support you throughout the Program. It is your responsibility to set up relevant accounts and subscribe to those systems. If you do not do so, we may not be able to provide all coaching services you have requested.

4.2 You agree:

a) that it is your responsibility to attend your scheduled coaching sessions, make use of any online resources made available, and commit time to attend any live or online sessions to ensure you obtain the maximum benefit of the Program;

b) to provide true and correct details when setting up an account to access online portals;

c) to keep your username and password secure and not to share your login details with anyone else;

d) that you are solely responsible and liable for any loss or damage to us arising out of the use of your login details or online access;

e) to immediately notify us of any unauthorised use of your password or other breach of security;

f) not to, in any way make available your access to our online resources to any third party;

g) not to access or use our online resources access in a manner that could damage, disable, overburden or impair our website or interfere with any party’s use and enjoyment of the online resources, and not to hack into areas of our website or platform that are not intentionally made available to you;

h) that you will not use our programs or resources for any purpose that is unlawful or prohibited by these terms and conditions; and

i) not to use our online resources or programs in a manner that could bring us into disrepute.

4.3 You agree to attend your coaching sessions at the scheduled times and understand they cannot be rescheduled without a minimum of forty-eight (48) hours’ notice.

4.4 You understand that you can choose to discontinue using our Program at any time but that will not entitle you to a refund.

5. Fees and Payment

5.1 You agree to pay the fees in full and on time before you proceed with our Programs, whether you use or access all components of our Programs or whether you pay up front or by monthly instalments or by any other arrangement.

5.2 Payment may be made via Direct Deposit, PayPal or credit or debit card, processed by Stripe.

5.3 If any payment is dishonoured for any reason, you will be liable for dishonour fees. If money remains unpaid, you will also be liable for any costs and disbursements that we incur in pursuing the debt (including legal costs on a solicitor and own client basis) and debt collection costs to the extent permissible under relevant legislation.

6. Refund Policy

6.1 We do not provide refunds simply because you change your mind about participating in our Programs. No refunds will be provided if you do not use aspects of our Programs, such as not attending all the coaching sessions.

6.2 We do not pause your participation while you go on holidays or take a break. This is not school. It is your responsibility to manage your business and your participation in the Program to accommodate any breaks you choose to take.

6.3 No transfers of another member’s place in our Program will be permitted. Your circumstances are unique to you and not transferrable to another member with their own goals, objectives and business.

6.4 If you apply for payment by other arrangement, such as instalments, you are agreeing to pay for the whole of the Program in full and will not receive a refund if you stop using your membership sooner than the end of your Term.

7. Extenuating Circumstances

7.1 If you are unexpectedly unwell or have extenuating circumstances unexpectedly arise, please provide us with your written request for a temporary pause or fee reduction to the Program, along with the supporting documentation. We will discuss the length of time you will need, up to six (6) weeks in total, and depending on the circumstances.

7.2 In the event of special hardship, at our discretion, we may release a member from the Program. To apply for this special provision, you must set out your circumstances in writing, with additional supporting documentation, such as a medical report. We may contact you and discuss any other possible avenues that may be available.

8. Termination

8.1 Your access to member benefits, coaching and our Programs will conclude at the end of the Term.

8.2 We reserve the right to cancel or suspend your membership access in our Programs at any time with notice if we believe that you have failed to comply with these terms and conditions. We will not provide a refund if your access to our Program is terminated for non-compliance. In no event will we be liable for any loss or damage as a result of terminating your access to our Program due to your failure to comply with these terms and conditions.

9. Revenue Guarantee – Recurring Revenue Accelerator Program Only

9.1 This Revenue Guarantee applies to the Recurring Revenue Accelerator Program membership only.

9.2 Any warranty or guarantee offered under this agreement is in accordance with the Australian Consumer Law and no other representations are made.

9.3 For the Recurring Revenue Accelerator Program, we guarantee that you will add more Annual Recurring Revenue (ARR) to your bottom line in your first one hundred and twenty (120) days than what you have invested in the Program. This Revenue Guarantee is only applicable if you meet all the eligibility criteria.

For example: if you gain one new client at US$750/mo, this equates to US$9,000 in ARR (US$750 per month multiplied by 12 months in a year).

9.4 To qualify for the Revenue Guarantee you must meet the following criteria:

a) attend at least one (1) Recurring Revenue Clinic every single week of the four (4)-month program;

b) implement and take the recommended action on every suggestion that Agency Mavericks recommends during the Program;

c) complete your weekly accountability form in full when due;

d) complete the training courses – ‘Paid Discovery Method’, and ’The Growth Plan Method’;

e) notify Agency Mavericks of any issues that you are facing or questions you have relating to the services or the growth of your business at the earliest possible stage;

f) record and maintain records of the actions that you have been taking during the Program in order to grow your business and number of clients, and make these records available to Agency Mavericks; and

g) keep your Program payments up-to-date.

9.5 If you are able to demonstrate you have met all eligibility criteria, we guarantee that we will continue to work with you for free until you add more ARR to your bottom line than what you have invested.

9.6 If you believe you are eligible for the Revenue Guarantee, please provide your request in writing, with your supporting documentation, including verified financial and accounting statements from your professional financial advisor or accountant.

9.7 In the event of a dispute regarding the Revenue Guarantee, you agree we may obtain an independent professional auditor to review your business and determine your eligibility. The professional auditor will be appointed by us and their decision will be final.

10. Confidentiality

10.1 ‘Confidential information’ means information about our business or your personal and financial affairs, which include this coaching relationship, and all information that is expressly or impliedly nominated as confidential, or that a reasonable person would consider to be confidential, however recorded, documented or verbal.

10.2 Where confidential information is disclosed to you during the Program either by other members or us, it is done so for your personal benefit, and you agree not to disclose that confidential information to any other person or entity.

10.3 Some of the information you provide to us will be information that is clearly important and confidential to you. We will only use that information to provide services to you and will not share it.

10.4 Where you have provided information as part of your testimonial, that will be deemed to not be confidential information and you consent to our use of your testimonial in our marketing material, without remuneration.

10.5 Where you provide information in a group setting with other members, you understand that any information you share may inadvertently be shared beyond the group members and we caution you to only provide information that you are comfortable in sharing.

10.6 We strongly prohibit confidential information being shared to others outside of the Program but you acknowledge that whilst all care is taken, any information shared by other members is outside of our control.

10.7 Either party will be in breach of this agreement if they disclose any confidential information, other than in accordance with these terms and conditions.

10.8 These obligations of confidence will cease to apply in relation to information that either party is required to disclose by any law, or which becomes part of the public domain other than as the result of a breach by the disclosing party of its obligations under this agreement.

11. Intellectual Property

11.1 All intellectual property rights in our Programs, remain our property. Attending our Programs and learning new systems, processes and education on digital marketing does not give you any ownership rights to those Program resources or any other Program material.

11.2 You are only allowed to use the Program materials for your own personal use, whilst undertaking the Program. You must not share, distribute or resell, in part or in full, those materials without our express prior written permission. You are prohibited from using our materials to develop your own Program or training for sale or giving away to others. You may not use our techniques, methods and intellectual property outside of the Program.

12. Content and Data

12.1 Whilst all care is taken, we cannot provide any guarantee for the security of the data you provide to us. We will not be responsible or liable for the storage, theft, deletion, correction, destruction, damage or loss of any stored data that we have not intentionally caused. We recommend you have a regular back-up system in place for your systems.

12.2 We do not guarantee the security of our website, online portal, systems or records of your data.

12.3 Access to our Program may, at times, be dependent on your internet connection and download speed, which is outside our control.

12.4 We disclaim all liability for any computer virus or technological problems that were not intentionally caused by us or are beyond our control. We do not warrant that our online portal is free from viruses, malware or similar damaging code. You are encouraged to install and maintain up-to-date security software on your systems.

13. Third-Party Services

13.1 We may give recommendations, including but not limited to, third-party products, programs or services (‘third-party services’), due to the systems we use, or because to the best of our knowledge, they are quality products or professional service providers.

13.2 You remain responsible for your own use of any third-party systems and associated costs, and must first complete your own due diligence, including agreeing to the third-party services terms and conditions, to protect yourself.

13.3 We will not be liable or responsible for your use of third-party services, or loss or damages you or any other person suffers due to the use of the third-party services.

14. Non-Solicitation

14.1 You agree not to use the information you have gained from participation in our Program to become a direct competitor or contribute to or be involved in the development of a business that is or would be a competitor of us.

14.2 You agree that for a period of twelve (12) months after your participation in the Program comes to an end, you will not, without express written permission by Agency Mavericks, directly or indirectly do any of the following:

a) canvass, solicit, or accept an approach from anyone who at any time during your participation in the Program, was a coach, a service provider or a member, with a view to that person becoming a client of a business that competes with Agency Mavericks, or provides the same or similar services;

b) provide services or accept any request to provide services (being services that are similar to those provided by us) to a person who has been a member of Agency Mavericks during your participation in the Program; or

c) whether alone or with any other person or entity, as an employee, contractor, joint venture partner, agent, officer, shareholder or in any other capacity, be engaged, concerned or interested in any other business which competes with Agency Mavericks.

14.3 If a court finds that the restraint period of twelve (12) months is unenforceable, you agree to a restraint period of six (6) months and, if similarly found unenforceable, you agree to a restraint period of three (3) months.

14.4 You agree that this restraint combined with each separate period of time set out above is reasonable as to period and to subject matter, and:

a) is to be severally construed and will take effect as a separate, several and individual restraint and will be enforceable accordingly;

b) is reasonable and necessary to protect the business and goodwill of Agency Mavericks;

c) confers a benefit on us which is no more than reasonable or necessarily required for the protection of the goodwill and confidential information of Agency Mavericks.

14.5 You also agree that you have received valuable consideration for agreeing to the provisions in this clause.

15. Limited liability and indemnity

15.1 To the extent permissible under relevant legislation, we will not be liable for any loss or damages including loss of profits, loss of opportunity or damages suffered by any person from following or applying any coaching, ideas or content developed as part of our Programs. The information we present to you is for educational purposes and we cannot be held responsible for the many different outcomes that may occur when completing business transactions. Ultimately, you are responsible for the decisions you make when applying any of the information we have provided to you as part of our Program.

15.2 Neither party will be liable for lost revenues, profits or savings, nor for any indirect, exemplary, punitive, special or consequential loss or damages of any party, including third parties, even if a party has been advised of the possibility of that loss or damages.

15.3 To the fullest extent permitted by law, and without limiting the application of relevant consumer law, in the event of any fault in the services, our liability will be limited, at our choice, to:

a) supplying the services again;

b) repairing any fault in the services caused by us;

c) payment of the cost of having any fault in the services caused by us repaired; or

d) payment of the cost of having the services supplied again.

15.4 You agree that our total aggregate liability for any claim(s) by you relating to any Program we deliver to you is limited to the amount actually paid by you to us for that Program.

15.5 You agree to indemnify us and hold us harmless against loss or damages suffered by you or any other person arising from your breach of these terms and conditions.

15.6 The market may experience upturns, downturns or other economic and social impacts which may affect your original goals, finances and personal circumstances and you acknowledge and agree that these are completely outside of our control and cannot be held liable for the impacts of these events on your personal and financial circumstances.

16. General

16.1 Notices:

a) Any required notice between the parties, including a notice of dispute, may be provided electronically in writing to the email contact details notified in the schedule, or as later notified in writing.

b) Notices sent electronically are deemed to have been received on the same business day if sent prior to 4.00pm on that business day and otherwise, the next business day (where a business day is a day that is not a public holiday, Saturday or Sunday in our jurisdiction).

16.2 Assignment - Either party may not assign or transfer its rights or obligations under this agreement provided that all services and payments are up to date.

16.3 Severability - If any of these terms and conditions are determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions will continue in effect.

16.4 Waiver - Any time or other indulgence granted by us will not in any way amount to a waiver of any of our rights or remedies under this agreement.

16.5 No Relationship - We are providing services to you as a consumer and nothing in this agreement should be interpreted to suggest otherwise.

16.6 Governing Law - This agreement is governed by the laws of Victoria, Australia and the parties agree to be subject to the jurisdiction of the courts of Victoria, Australia.

17. Definitions

Business Day means any day that a commercial bank is required to be open.

Program/s means the Agency Mavericks Programs, including the Recurring Revenue Accelerator and Mavericks Club.

Term means your membership term, usually twelve (12) months from the date of signing this agreement.

This site is not a part of the Facebook™ website or Facebook™ Inc. Additionally, this site is NOT endorsed by Facebook™ in any way. FACEBOOK™ is a trademark of FACEBOOK™, Inc.