Set out below are the terms and conditions of the Licence required by ESS BIZTOOLS Pty Ltd to which you ("the Customer"), must agree in order to use "ESS BIZTOOLS" or any part thereof, ("the ESS BIZTOOLS") comprising:
ESS BIZTOOLS – Tools
- Sections, Papers and PowerPoint Slides
- Client Tools and Forms
- Video Tutorials
- Form, Letters, Checklists and Spreadsheets
ESS BIZTOOLS – Products
- Business Advisory Services
- Training Package
- Product Modules
- Business Plus+ Client Newsletter
- Client Mentoring and Coaching Modules
- Leadership Modules
- Client Seminars/Webinars
- Business Advisory Services Introduction Training Modules Package
- Product Packages
- Special Packages
- Mentoring Packages
- Individual Packages Marketing Material
- Grants and Assistance
and any other material which may be included from time to time which apply during the initial trial period and any ongoing use of "ESS BIZTOOLS" by payment of a subscription.
ESS BIZTOOLS Pty Ltd is authorised to grant non-exclusive licences of "ESS BIZTOOLS" and accordingly this agreement records that ESS BIZTOOLS Pty Ltd hereby grants, to the Customer, a non-exclusive non-transferable right to use "ESS BIZTOOLS", pursuant to the terms set out below:
- The Customer is licensed to use the subscription category of "ESS BIZTOOLS" that the Customer has paid for, provided always that the Customer is authorised to make printed versions of the subscription category of ESS BIZTOOLS or supply electronic copies of "ESS BIZTOOLS", for the following purposes, namely:
- to assist the Customer in providing professional advisory work to clients;
- for the conduct, by the Customer, of seminars/webinars for clients and other targeted persons;
- for the Customer’s staff training; or
- for the Customer to train business operators and their team members,
provided always that the Customer shall not sell or make "ESS BIZTOOLS" otherwise available to accountants, solicitors, business coaches, business consultants, training or academic institutions and other professionals or businesses, who could commercially exploit "ESS BIZTOOLS" in any manner.
- All print versions of "ESS BIZTOOLS" must contain the "Important Message" and "Intellectual Property" notices contained at the end of each paper in "ESS BIZTOOLS".
- The Customer is invited to 'brand' the material and is authorised to:
- Insert the Customer’s name, logo and contact details in the header on each paper and/or word document.
- Insert the Customer’s name and logo in the footer space provided on each PowerPoint slide.
- Insert the Customer’s name, logo and contact details in the spaces provided within the "Business Plus+" Client Newsletter.
- Insert the Customer’s editorial comment in the spaces provided within the "Business Plus+" Client Newsletter.
- Insert the Customer’s name and logo in the header of workbooks.
- Include the Customer’s name (together with "ESS BIZTOOLS Pty Ltd") in the "Important Message" notice on the end of all print versions of “ESS BIZTOOLS” material.
- Apart from those purposes referred to in Clause 1, 8 and 9, the Customer shall not, in any way, reproduce, edit, modify, adapt, translate or distribute by any means, including electronic, internet, Facebook, LinkedIn and digital format the contents of "ESS BIZTOOLS" provided that the Customer shall be authorised to include, at its discretion, its own material with "ESS BIZTOOLS".' papers.
- The Customer acknowledges and agrees that ESS BIZTOOLS Pty Ltd retains all intellectual property rights, including copyright in and trademarks of "ESS BIZTOOLS", provided the Customer shall retain all intellectual property rights with respect to its own material included with "ESS BIZTOOLS".
- The Customer agrees to indemnify ESS BIZTOOLS Pty Ltd for any claims, damages, loss or costs (including legal fees) incurred as a result of a claim being made against ESS BIZTOOLS Pty Ltd with respect to, or in connection with, the inclusion or use of the Customer's material included with "ESS BIZTOOLS" Tools and Products.
- The Customer agrees to indemnity ESS BIZTOOLS Pty Ltd for any claims, damages, loss or costs (including legal fees) incurred as a result of a claim being made against ESS BIZTOOLS Pty Ltd with respect to, or in connection with, the inclusion of editorial comment prepared by the Customer or any employee, sub-contractor, agent or any other person engaged by the Customer or the Customer's nominee to prepare editorial comment in any issue of "Business Plus+" Client Newsletter.
- If the Customer is currently paying for a "Silver" or "Business Advisory Services Starter Package" subscription, the customer is licensed to publish:
- the 'free content', nominated by ESS BIZTOOLS Pty Ltd as "Guest" content; and
- Business Plus+ newsletters
to the open area of the Customer's website.
- If the Customer is currently paying for a "Gold" subscription, the customer is licensed to publish the 'free content', nominated by ESS BIZTOOLS Pty Ltd as "Guest" content and Business Plus+ newsletters to the open area of the Customer's website. A "Gold" subscriber is also authorised to place ESS BIZTOOLS' papers, mentoring and coaching modules and client seminars to a secure area of the Customer's website, accessible only to the Customer's clients and invited prospects by use of a unique password.
- It is the "Gold" subscription Customer's responsibility to keep the content, uploaded to the Customer's website, updated with any changes advised by ESS BIZTOOLS Pty Ltd from time to time.
- If the Customer discontinues paying the "Gold" subscription, the licence to publish ESS BIZTOOLS' material is revoked and the former Customer must remove all ESS BIZTOOLS' material from the Customer's website within seven days of the "Gold" subscription renewal date.
- The Customer agrees to indemnify ESS BIZTOOLS Pty Ltd for any claims, damages, loss or costs (including legal fees) incurred as a result of a claim being made against ESS BIZTOOLS Pty Ltd with respect to, or in connection with, the inclusion of any ESS BIZTOOLS' material used as content on the Customer's website.
- If the Customer is providing "print friendly versions" of the ESS BIZTOOLS content via the Customer's website, the print version must retain the ESS BIZTOOLS Pty Ltd copyright notice in the footer. The print version may be branded with the Customer's details, but it must retain the Important Message Notice and Intellectual Property Notice noting ESS BIZTOOLS Pty Ltd. The Customer can include their name in the Important Message Notice together with ESS BIZTOOLS Pty Ltd.
- In the event that the Customer does not renew their subscription to “ESS BIZTOOLS”, then the Customer undertakes:
- that the Customer will not, directly or indirectly, retain any copies of "ESS BIZTOOLS", either in hard or digital format, for any purpose whatsoever; and
- to remove any ESS BIZTOOLS' "free content", "papers" and "workbooks" from the Customer's website within seven days of the renewal date.
- The Customer acknowledges and agrees that these terms and conditions bind the Customer, its employees and sub-contractors.
- Privacy of Purpose - The Customer agrees that it will not reveal the allotted Username or Password to any other persons, except an employee, partner or director for the sole purpose of the licensee's activities on "ESS BIZTOOLS".
- Governing Law and Jurisdiction - this agreement is governed by the laws of the State of Queensland. The parties agree to the exclusive jurisdiction of its courts. The parties will not object to the exercise or jurisdiction by those courts on any basis.
- Consent to Contact - As a condition of access to material on this site, you consent to be contacted from time to time by us by either email, postal mail, telephone and/or facsimile, to provide you with the information about other products and/or services offered by ESS BIZTOOLS or its partners, and upcoming events, that we think may be of interest to you. If you do not wish to receive emails from us, please let us know by sending us an email or by clicking the "unsubscribe" at the bottom of any communication.
IMPORTANT MESSAGE NOTICE
The forms and commentaries contained in this paper are provided as a guide only and should not form the sole basis for any advice in relation to the particular situation of any person without first obtaining proper professional advice.
This paper is provided on the understanding that ESS BIZTOOLS Pty Ltd (ACN: 078 451 439) will not be responsible as a result of any use made by users hereof of the forms or commentaries of any papers without first obtaining specific professional advice. Neither shall ESS BIZTOOLS Pty Ltd be responsible for any errors or omissions contained in these papers. ESS BIZTOOLS Pty Ltd expressly disclaims liability whether under contract or negligence and whether to a direct purchaser of "ESS BIZTOOLS" or to any other person who may borrow or use them in respect of any loss or damage flowing therefrom whether direct or consequential.
In particular and without limiting the extent of this disclaimer ESS BIZTOOLS Pty Ltd accepts no liability if any form or commentary contained herein, whether used in its original form or altered in some way by the user, proves not to be valid or not to attain the end result desired by the user. This exclusion shall extend both to the user and to any client of the user who may suffer loss as a result of the use of "ESS BIZTOOLS " and it shall apply even though ESS BIZTOOLS Pty Ltd may have been negligent in the publication or preparation of "ESS BIZTOOLS".
The user acknowledges that it has not made known to ESS BIZTOOLS Pty Ltd any particular purpose for which "ESS BIZTOOLS" are required and that it has not relied on ESS BIZTOOLS Pty Ltd's skill or judgement to provide a paper suitable for any such purpose.
INTELLECTUAL PROPERTY NOTICE
The authority to use all copyright, trademarks and other intellectual property rights comprised in "ESS BIZTOOLS " is held exclusively by ESS BIZTOOLS Pty Ltd (ACN: 078 451 439). Neither these rights nor any part of any papers may be used, sold, transferred, licensed, copied or reproduced in whole or in part in any manner or form whatsoever without the prior written consent of ESS BIZTOOLS Pty Ltd (ACN: 078 451 439).