TERMS OF USE

Tier 17

ABN: 87 742 292 424

Website: tier17.com.au

Email: hello.tier17@gmail.com

References to "Tier 17", "we", "us" or "our" mean Tier 17.

Tier 17 provides digital marketing information and services for businesses, including websites, funnels, lead generation, advertising, CRM systems, automation and related digital marketing services.

Our website may also provide free resources, assessments, questionnaires, consultations or tools, including the Free Lead Leak Check.

Information provided through the website is general business and marketing information. It is not legal, financial, accounting, tax or other regulated professional advice.

You should obtain appropriate professional advice where required for your circumstances.

The Free Lead Leak Check is intended to help identify potential issues or opportunities relating to areas such as your:

• website
• lead-generation process
• Google presence
• reviews
• enquiry handling
• follow-up
• booking process
• digital marketing systems.

Any observations, suggestions or recommendations provided through a Lead Leak Check are based on information reasonably available to Tier 17 at the time.

The Lead Leak Check is not a comprehensive audit of every aspect of your business or marketing.

You remain responsible for deciding whether to implement any recommendation.

Marketing and business results depend on many factors outside Tier 17's control.

Unless expressly agreed otherwise in a separate written agreement, Tier 17 does not guarantee:

• a particular number of leads
• booked jobs
• enquiries
• customers
• sales
• revenue
• profit
• advertising performance
• conversion rates
• Google rankings
• review growth
• business growth
• any particular return on investment.

Examples, case studies, testimonials, statistics and previous client results, including specific figures referenced in our marketing, are provided for illustrative context only and reflect the circumstances of a particular client at a particular point in time.

Past results do not guarantee future results for you or any other business.

Your results may vary depending on factors including your market, location, competition, pricing, offer, reputation, advertising budget, sales process, response times, implementation and other circumstances.

You agree to provide information that is accurate and reasonably complete when submitting an enquiry, questionnaire, booking or Lead Leak Check request.

Tier 17 may rely on the information you provide when preparing observations or recommendations.

We are not responsible for problems arising from information that is materially inaccurate, incomplete or misleading.

Submitting an enquiry, completing a Lead Leak Check, booking a call or communicating with Tier 17 does not require you to purchase services.

It also does not require Tier 17 to accept you as a client.

A paid engagement begins only when the relevant commercial arrangement has been agreed between Tier 17 and the client.

These website Terms primarily govern use of the Tier 17 website, Lead Leak Check and other free online resources.

Paid services may be subject to a separate proposal, scope of work, service agreement, order, invoice or other written agreement.

Where a separate written agreement applies to paid services, that agreement will govern the relevant paid engagement to the extent of any inconsistency with these website Terms.

Pricing, payment terms, deliverables, revisions, intellectual-property arrangements, cancellation provisions and other project-specific conditions may be addressed separately for each engagement.

Tier 17 may use, integrate with or recommend third-party platforms and services.

These may include services relating to:

• advertising
• search engines
• social media
• website hosting
• domain names
• CRM systems
• email
• SMS
• booking systems
• analytics
• artificial intelligence
• automation
• video hosting
• payment processing
• other marketing technology.

Third-party platforms operate independently from Tier 17 and may change their:

• algorithms
• policies
• pricing
• functionality
• availability
• advertising rules
• account requirements
• terms of service.

Tier 17 does not control those third parties and cannot guarantee their continued availability, performance or decisions.

To the extent permitted by law, Tier 17 is not responsible for outages, suspensions, policy changes, algorithm changes, account restrictions or other actions caused by third-party platforms outside our reasonable control.

We aim to keep Tier 17's websites and online services available and functioning properly.

However, websites and online services may occasionally be unavailable because of maintenance, technical problems, hosting issues, third-party outages, security incidents or circumstances outside our reasonable control.

We do not guarantee uninterrupted or error-free access to the website.

Unless otherwise stated, the content and materials made available by Tier 17 are owned by or licensed to Tier 17.

This may include:

• written content
• copy
• graphics
• videos
• branding
• questionnaires
• frameworks
• checklists
• templates
• funnel structures
• educational materials
• marketing concepts and resources.

You may view and use publicly available Tier 17 content for your own legitimate personal or internal business purposes.

You must not, without our prior written permission:

• reproduce substantial Tier 17 content for commercial use
• sell or redistribute our materials
• present our proprietary material as your own
• copy or republish protected materials in a way that infringes our rights
• use Tier 17 branding in a way that suggests an affiliation or endorsement that does not exist.

Nothing in these Terms transfers ownership of Tier 17 intellectual property to you.

You must not use Tier 17's website, forms or systems to:

• break applicable laws
• submit fraudulent, misleading or malicious information
• interfere with the website's operation or security
• attempt unauthorised access to systems or information
• distribute malware or harmful code
• scrape or systematically extract content where prohibited by law
• impersonate another person or business
• misuse our forms, booking systems or communications.

We may restrict access where reasonably necessary to protect our website, systems, business or other users.

The Tier 17 website may contain links to third-party websites or services.

These links may be provided for convenience or functionality.

Tier 17 does not control third-party websites and is not responsible for their content, availability, security, privacy practices or terms.

You access third-party websites at your own discretion and should review their applicable policies and terms.

Tier 17 may use artificial intelligence, automation and software tools to support parts of our marketing, analysis, communications and business processes.

AI-assisted output can contain errors or limitations and should not automatically be treated as professional advice or a guaranteed prediction.

Where relevant, Tier 17 may review, adapt or combine automated outputs with human judgement and other information.

You remain responsible for your own business, marketing and commercial decisions.

Before implementing a recommendation, you should consider whether it is appropriate for your particular circumstances.

Tier 17 is not responsible for decisions you independently make based solely on general website content or free informational material.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right, remedy or other protection that cannot lawfully be excluded under the Australian Consumer Law or other applicable law.

To the extent permitted by law, Tier 17 is not liable for loss arising solely from:

• your reliance on general informational content without considering your individual circumstances
• inaccurate or incomplete information supplied by you
• third-party platform outages or changes outside Tier 17's reasonable control
• unauthorised or improper use of our website or materials
• circumstances outside Tier 17's reasonable control.

Where liability cannot lawfully be excluded, any limitation will apply only to the maximum extent permitted by applicable law.

Nothing in these Terms is intended to exclude liability where doing so would be unlawful.

Nothing in these Terms is intended to exclude, restrict or modify rights or remedies you may have under the Australian Consumer Law or other rights that cannot lawfully be excluded.

Where the Australian Consumer Law applies, these Terms operate subject to those rights.

Personal information collected through Tier 17's websites and services is handled in accordance with our Privacy Policy.

Our Privacy Policy should be read together with these Terms where relevant.

Tier 17 may update these Terms from time to time to reflect changes to our website, services, business practices or applicable legal requirements.

The current version will be published on our website with the date it was last updated.

Changes will apply from the date the updated Terms are published, except where applicable law requires otherwise.

If a provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be dealt with to the minimum extent necessary, while the remaining provisions continue to operate to the extent permitted by law.

If you have a concern about Tier 17, we encourage you to contact us first so we have an opportunity to understand and attempt to resolve the matter.

You can contact us at:

hello.tier17@gmail.com

Nothing in this section limits any rights or remedies available to you under applicable Australian law.

These Terms are governed by the laws applicable in Victoria, Australia.

Subject to applicable law, disputes relating to these Terms will be dealt with by courts or tribunals having jurisdiction in Victoria.

Questions about these Terms can be sent to: