These Terms of Service ("Terms") govern your use of the accentric.io website, including the Account Health Check, call request form and contact form, and any services provided by Accentric.io (ABN 24 891 419 399), a business based in Sydney, NSW, Australia ("Accentric.io", "we", "us", "our"). By using our website or engaging our services, you agree to these Terms.
1. Our services
Accentric.io provides account management and customer retention consulting, including fractional account management, strategic advisory and account management build programs. The scope, deliverables, timeline and fees for each engagement are set out in a written proposal or engagement agreement before work begins. If there is any inconsistency between these Terms and a signed engagement agreement, the engagement agreement prevails.
2. Engaging our services
An engagement begins only when both parties have agreed in writing to the scope of work and fees. Completing the Account Health Check, requesting a call, submitting the contact form, or having a call or working session does not create an engagement or any obligation on either party. We may decline any engagement at our discretion.
3. Account Health Check
The Account Health Check is a free, short questionnaire that gives a high-level indication of where churn risk may be building in your business. By completing it, you agree that:
- it is general information only, based solely on the answers you provide, and is not professional, financial, legal or business advice
- it does not take into account your full circumstances, and you should not rely on it to make business decisions without further assessment
- you will provide accurate information and only submit contact details you are authorised to use
- we may contact you about your answers and our services, as described in our Privacy Policy
4. Fees and payment
Fees and payment terms are as agreed in writing for each engagement. Unless otherwise agreed, all fees are in Australian dollars (AUD) and exclusive of GST, which will be added where applicable. Overdue amounts may attract interest or recovery costs as set out in the engagement agreement.
5. Intellectual property
All content on our website, and all frameworks, methodologies, templates, tools and know-how developed by Accentric.io, remain our intellectual property. Work product created specifically for a client under an engagement becomes the client's property once full payment is received, unless the engagement agreement says otherwise. We may continue to use our general frameworks, tools and know-how for other clients. You may not copy, reproduce or republish content from our website for commercial purposes without our written consent.
6. Confidentiality
Each party agrees to keep confidential any non-public business information shared by the other during an engagement, and to use it only for the purposes of the engagement. This obligation continues after the engagement ends, but does not apply to information that is public, already known to the receiving party, or required to be disclosed by law.
7. Client data
Where you provide business or customer data for an engagement, you confirm you are entitled to share it with us and have met any notice or consent requirements under privacy law. We will use that data only for the agreed purpose, protect it with reasonable security measures, and return or delete it at the end of the engagement unless you agree otherwise or we are required by law to keep it.
8. Results, case studies and testimonials
We provide strategy, frameworks and recommendations based on our experience and the information you give us. We do not guarantee any particular business outcome, including any reduction in churn or increase in revenue. Results depend on many factors outside our control, including how recommendations are implemented, market conditions and decisions made by your business. Any estimates or projections are illustrative only. Case studies, statistics and testimonials on our website describe the experience of specific clients and are not a promise or prediction of the results you will achieve.
9. Website use
You may use our website for lawful purposes only. You must not attempt to gain unauthorised access to our systems, interfere with the website's operation, submit false, misleading or automated information through our forms, or use the website in a way that could damage us or others. We aim to keep the website accurate and available, but we do not guarantee that it will be error-free, uninterrupted or free of viruses, and content may change without notice.
10. Third-party links and services
Our website may link to, or rely on, third-party websites and services. We are not responsible for their content, availability or privacy practices, and a link does not mean we endorse them.
11. Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by the Australian Consumer Law or any other law that cannot lawfully be excluded or limited ("Non-Excludable Rights"). Where our liability for a breach of a Non-Excludable Right can be limited, it is limited, at our option, to supplying the services again or paying the cost of having the services supplied again.
12. Limitation of liability
Subject to section 11 and to the maximum extent permitted by law:
- the website, the Account Health Check and any general information we provide free of charge are provided "as is", and we make no warranties about their accuracy, completeness or suitability for your purposes
- we are not liable for any loss arising from your use of, or reliance on, the website or the Account Health Check
- our total liability for any claim arising from our services is limited to the fees paid to us for the services giving rise to the claim in the three months before the claim arose
- we are not liable for any indirect or consequential loss, or for any loss of profit, revenue, customers, data, goodwill or opportunity, however caused
13. Indemnity
To the extent permitted by law, you agree to indemnify us against any loss or claim arising from your breach of these Terms, your misuse of the website, or data you provide to us that you were not entitled to share.
14. Termination of engagements
Unless an engagement agreement says otherwise, either party may end an ongoing engagement by giving 30 days' written notice, and fixed-scope engagements may be ended by mutual agreement. Fees for work performed up to the date of termination remain payable. Sections on intellectual property, confidentiality, client data and liability continue after an engagement ends.
15. Governing law
These Terms are governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of New South Wales.
16. Changes to these Terms
We may update these Terms from time to time. The current version will always be available at accentric.io/terms. Changes apply from the date they are published and do not affect engagements already agreed in writing. If any part of these Terms is found to be unenforceable, the rest continues to apply.
Questions about these Terms? Contact us at contact@accentric.io.