Terms of Service

Last updated: December 2024

Agreement to Terms

By accessing or using the website and services of Ben Simkin ("we," "us," or "our"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our website or services.

Services

We provide business consulting, coaching, speaking, and related services. Our services may include, but are not limited to:

Specific terms for each service will be provided at the time of engagement and may include additional agreements.

Eligibility

Our services are intended for business owners, entrepreneurs, and professionals. By using our services, you represent that you are at least 18 years of age and have the legal capacity to enter into binding agreements.

Application and Acceptance

Many of our services require an application process. Submitting an application does not guarantee acceptance. We reserve the right to accept or decline any application at our sole discretion. We work only with clients we believe we can genuinely help.

Payment Terms

Payment terms, including pricing, payment schedules, and refund policies, will be specified in individual service agreements. All fees are quoted in Australian Dollars (AUD) unless otherwise stated. Payment is required according to the terms specified in your service agreement.

Intellectual Property

All content on this website, including text, graphics, logos, images, frameworks, methodologies, and software, is the property of Ben Simkin or our licensors and is protected by Australian and international copyright laws.

You may not:

Confidentiality

During our engagement, you may receive confidential information, strategies, and proprietary methods. You agree to maintain the confidentiality of all such information and not disclose it to third parties without our written consent.

Results Disclaimer

While we strive to provide valuable insights and strategies, we cannot guarantee specific business results. Success depends on many factors, including your implementation, market conditions, and business circumstances. Any examples of results or earnings mentioned are not guarantees of future performance.

Limitation of Liability

To the maximum extent permitted by law, Ben Simkin shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our website or services. Our total liability shall not exceed the amount you paid for the specific service giving rise to the claim.

Indemnification

You agree to indemnify and hold harmless Ben Simkin and our affiliates, officers, and employees from any claims, damages, losses, or expenses arising from your use of our services or violation of these terms.

Termination

We reserve the right to terminate or suspend your access to our services at any time, with or without cause, and with or without notice. Upon termination, your right to use our services will immediately cease.

Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of Queensland, Australia. Any disputes arising from these terms shall be subject to the exclusive jurisdiction of the courts of Queensland.

Changes to Terms

We may modify these Terms of Service at any time. Changes will be effective upon posting to this website. Your continued use of our services after changes are posted constitutes acceptance of the modified terms.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Entire Agreement

These Terms of Service, together with any service-specific agreements, constitute the entire agreement between you and Ben Simkin regarding the use of our website and services.

Contact

If you have questions about these Terms of Service, please contact us at:

Ben Simkin
Email: legal@bensimkin.com