Terms & Conditions

These Terms & Conditions govern your use of the Better Business Australia website and client portal and any services we supply. Better Business Australia is the trading name of Better Business Australia Pty Ltd (we, us). By accepting these terms you agree to them on your own behalf and on behalf of the business you represent. People you invite to contribute to your audit accept a separate Contributor Undertaking instead and are not bound by the fee clauses.

1. Our services

We provide business operations audits, diagnostics, advisory and implementation support to Australian businesses. Our work is general business advice based on the information you give us. It is not legal, accounting, taxation, financial product or investment advice, and it is not a substitute for advice from your own licensed advisers.

2. Price range and how your fee is set

Our fee is not fixed in advance. Before the audit we give you a broad price range for a business of your size, with a ceiling. The range is based on the information you supply in the price range enquiry; figures produced by the Quick Diagnostic or Business Valuation Assessment are indicative only. We record the range shown to you at the time it is shown.

We set your exact fee only after the Forensic Operations Audit is complete, once we can show you the value we have identified. Your exact fee will never be more than (a) the value we have identified divided by 2.5, or (b) the ceiling of the range you were shown, whichever is lower. Before you decide, we show you the value identified, the main areas it comes from, the assumptions used and the calculation of your fee.

"Value identified" is our estimate of the opportunity in your business, based on your audit answers and documents. It is an estimate, not a result, forecast or return, and whether any of it is realised depends on decisions and implementation outside our control.

3. GST

All price ranges and fees are in Australian dollars and include GST. Each fee offer and tax invoice shows the amount excluding GST, the GST component and the GST-inclusive total, rounded to whole dollars.

4. No obligation unless you accept; payment and report release

You pay nothing to start, and you have no obligation to pay anything unless you accept the fee after seeing the value identified. If you accept, we record your name, the date and time and your IP address, and payment of the accepted fee becomes due. Your full report and PDF are released when the accepted fee is paid. If you decline, nothing is payable, the full report is not released and the engagement ends (we may make one revised offer, which will not be higher). No engagement fee exists until you accept your exact fee in writing through the portal.

Instalment plans may be offered at our discretion and are agreed in writing beforehand; a six-month plan ends after exactly six payments.

5. Our 2.5× Value Promise and refunds

Our 2.5× Value Promise. Your fee is never more than the value we identify divided by 2.5, and never more than the top of the range you were shown. You see the value and the fee before you decide. If you decline, you owe nothing. If you accept and pay, you can request a full refund within 30 days of payment.

To request a refund, email us within 30 days of the date your payment (or, for an instalment plan, your first payment) was made. We will refund the amounts you have paid for the engagement to the original payment method, generally within 10 business days, and the engagement is then closed and the licence in clause 9 ends. This is the only refund window for client fees. These rights sit alongside your rights under the Australian Consumer Law.

6. Your obligations

• Give us accurate, complete and timely information and access to the people and systems we need.
• Keep your portal credentials secure, and only invite people you authorise to see your business information.
• Make your own decisions about whether and how to act on our recommendations.

7. Confidentiality

We treat all client business information as strictly confidential, as set out in the Mutual Non-Disclosure Agreement. We disclose it only to personnel and contractors who need it to perform the work and who are bound by confidentiality obligations, or where the law requires disclosure. This obligation survives the end of the engagement. We will not publish your name, words or results as a case study or testimonial without your separate written consent.

8. Invited users and contributors

You may invite others (for example your accountant, managers or business partners) into your portal or to contribute to the audit. You are responsible for who you invite and for removing access when it is no longer appropriate. Invited portal users accept these terms and our Privacy Policy; audit contributors accept the Contributor Undertaking and sign the Mutual NDA in their own name. Anything they contribute forms part of your business records with us.

9. Intellectual property

Our frameworks, templates, tools, reports and methodology remain our intellectual property. On payment in full you receive a perpetual, non-exclusive licence to use the deliverables inside your own business. You may not resell, publish or licence them to third parties without our written consent. Information about your business remains yours.

10. Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)), including that services will be supplied with due care and skill and be fit for any purpose made known to us. Nothing in these terms excludes, restricts or modifies those guarantees or any other right you have that cannot lawfully be excluded.

11. Limitation of liability

To the maximum extent permitted by law, and other than for liability that cannot be excluded: our liability for any claim arising out of or in connection with the services is limited, at our option, to re-supplying the services or paying the cost of having them re-supplied, and in any event will not exceed the fees you have paid us for the relevant engagement. We are not liable for indirect or consequential loss, loss of profit, loss of revenue or loss of opportunity. We are not liable for outcomes that depend on your implementation of our recommendations, or for loss arising from information you gave us that was inaccurate or incomplete.

12. Cancellation

You may cancel the engagement in writing at any time before you accept your fee, and nothing is payable. We may also cancel before you accept, by written notice with reasons, and nothing is payable. After you accept and pay, clause 5 governs refunds.

If, after accepting the fee, you separately agree in writing to implementation work, the written agreement for that work sets out its price. If that implementation work is cancelled part-way, you pay only for implementation work performed to that point; if we cancel it, you pay only for implementation work delivered and accepted.

13. Privacy

Our handling of personal information is governed by our Privacy Policy, which forms part of these terms and is available at betterbusinessaustralia.com/privacy.

14. Dispute resolution

If a dispute arises, the party raising it must notify the other in writing describing the issue and the outcome sought. Both parties will then negotiate in good faith for 21 days. If it is unresolved, the parties agree to attempt mediation through the Australian Disputes Centre in Sydney, with costs shared equally, before starting court proceedings. Nothing in this clause prevents either party seeking urgent interlocutory relief, or you exercising rights under the Australian Consumer Law or complaining to a regulator.

15. Governing law

These terms are governed by the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.

16. Changes

We may update these terms. The version number changes when we do, and signed-in clients are asked to review and accept the updated version before continuing to use the portal. Changes do not affect a fee you have already accepted.

17. Contact

Questions about these terms: hello@betterbusinessaustralia.com. Our legal entity details are shown below.