Terms of Service

Welcome to The Sales Guy. These Terms of Service ("Terms") govern your use of our website and services. By accessing our website or engaging our services, you agree to be bound by these Terms. Please read them carefully.

1. Services Overview

The Sales Guy provides professional sales training, coaching, and consulting services for B2B organizations, including but not limited to:

• SDR (Sales Development Representative) cold calling training
• Account Executive (AE) sales training and coaching
• Individual and team coaching sessions
• Sales process audits and assessments
• Custom training programs tailored to client needs
• Online resources, materials, and content

2. Acceptance of Terms

By using our website, booking a consultation, or engaging our services, you confirm that:

• You are at least 18 years of age
• You have the authority to enter into this agreement on behalf of yourself or your organization
• You agree to comply with all applicable laws and regulations
• All information you provide is accurate, current, and complete

3. Service Engagement and Booking

3.1 Consultation and Discovery

Initial consultations are provided to assess your needs and determine if our services are a good fit. These consultations do not obligate either party to proceed with paid services.

3.2 Service Agreements

Formal engagement of our services requires:

• Completion of a service agreement outlining scope, deliverables, and pricing
• Payment of applicable fees as specified in your package
• Confirmation of training dates, times, and delivery method (in-person or virtual)

3.3 Customization

We work with clients to customize training programs. Any customizations or changes to standard packages will be documented in writing and may affect pricing and timelines.

4. Pricing and Payment

4.1 Fees

Our pricing is clearly displayed on our website for standard packages. Custom quotes are provided upon request for specialized training or enterprise engagements. All prices are in Australian Dollars (AUD) and are exclusive of GST unless otherwise stated.

4.2 Payment Terms

• Intro Package: Full payment required before the session
• Advanced Package: 50% deposit required to secure booking, balance due before the first session or as agreed in writing
• All In Package: Payment terms to be agreed in writing based on project scope
• Custom Engagements: Payment terms specified in individual service agreements

4.3 Payment Methods

We accept payment via bank transfer, credit card, or other methods as agreed. Payment processing may be handled by third-party providers subject to their own terms and conditions.

4.4 Late Payment

Late payments may result in suspension of services until payment is received. We reserve the right to charge interest on overdue amounts at the rate permitted by law.

5. Cancellation and Refund Policy

5.1 Client Cancellations

• More than 14 days before first session: Full refund minus 10% administration fee
• 7-14 days before first session: 50% refund
• Less than 7 days before first session: No refund
• Individual session cancellations: Must provide at least 48 hours notice to reschedule. Less than 48 hours notice will be charged as a completed session

5.2 Our Cancellations

In the unlikely event that we need to cancel or reschedule a session, we will:

• Provide as much notice as possible
• Offer alternative dates and times
• Provide a full refund if alternative arrangements cannot be made

5.3 Satisfaction Guarantee

If you are not satisfied after the first session of a multi-session package, please notify us within 48 hours. We will work with you to address concerns or provide a refund for the remaining sessions, minus the value of the completed session.

6. Client Responsibilities

To ensure successful outcomes, clients are responsible for:

• Attendance: Ensuring participants attend scheduled sessions on time and prepared
• Participation: Actively engaging in training activities and exercises
• Implementation: Applying learned techniques and providing feedback
• Resources: Providing necessary information, access, and resources as requested
• Environment: Ensuring a suitable learning environment (quiet space for virtual sessions, appropriate venue for in-person training)
• Technology: For virtual sessions, ensuring reliable internet connection and functioning audio/video equipment

7. Intellectual Property Rights

7.1 Our Content

All content, materials, methodologies, and intellectual property provided by The Sales Guy remain our exclusive property, including:

• Training materials, handouts, and presentations
• Proprietary frameworks and methodologies
• Website content, designs, and branding
• Videos, recordings, and digital resources

7.2 Limited License

Clients are granted a limited, non-exclusive, non-transferable license to use training materials solely for their internal business purposes. You may not:

• Reproduce, distribute, or sell our materials
• Use our materials to train individuals outside your organization
• Modify or create derivative works without written permission
• Remove copyright or proprietary notices

7.3 Client Information

You retain all rights to your business information and data shared during our engagement. We may use anonymized case studies and results for marketing purposes with your permission.

8. Confidentiality

8.1 Mutual Confidentiality

Both parties agree to maintain confidentiality of any proprietary or sensitive information shared during the engagement, including:

• Business strategies and plans
• Financial information
• Customer and prospect information
• Training methodologies and materials

8.2 Exceptions

Confidentiality obligations do not apply to information that:

• Is publicly available through no breach of this agreement
• Was already known prior to disclosure
• Is independently developed
• Must be disclosed by law or legal process

9. Results and Guarantees

While we are committed to delivering high-quality training that produces results, we cannot guarantee specific outcomes. Results depend on various factors including:

• Participant engagement and effort
• Consistent implementation of learned techniques
• Market conditions and business environment
• Quality of leads and target market
• Existing sales infrastructure and support

We provide proven methodologies and expert guidance, but ultimate success requires commitment and action from your team.

10. Limitation of Liability

To the maximum extent permitted by law:

• Our total liability for any claims arising from our services shall not exceed the amount paid by you for those services
• We are not liable for any indirect, consequential, special, or punitive damages
• We are not liable for lost profits, lost revenue, or lost business opportunities
• We are not responsible for results achieved or not achieved by your sales team

This limitation applies to all claims, whether based on contract, tort, negligence, or any other legal theory.

11. Website Use and Conduct

When using our website, you agree not to:

• Use the website for any unlawful purpose
• Attempt to gain unauthorized access to any part of the website
• Interfere with or disrupt the website's functionality
• Transmit viruses, malware, or harmful code
• Harvest or collect data about other users
• Impersonate any person or entity
• Post or transmit prohibited or inappropriate content

12. Third-Party Services and Links

Our website may contain links to third-party websites or integrate with third-party services. We are not responsible for:

• The content, accuracy, or practices of third-party sites
• Products or services offered by third parties
• Privacy policies or data practices of third parties

Your use of third-party services is at your own risk and subject to their terms and conditions.

13. Testimonials and Case Studies

We may request permission to use your company name, logo, and results as testimonials or case studies. You may:

• Grant or withhold permission at your discretion
• Review and approve any materials before publication
• Request removal of testimonials at any time
• Require anonymization of specific details

14. Termination

14.1 Termination by Client

You may terminate ongoing service agreements with 14 days written notice. Refunds will be provided according to our cancellation policy for any prepaid unused sessions.

14.2 Termination by Us

We reserve the right to terminate services immediately if you:

• Breach these Terms or your service agreement
• Fail to make required payments
• Engage in abusive, threatening, or inappropriate behavior
• Misuse our materials or intellectual property

14.3 Effect of Termination

Upon termination:

• Access to materials and resources will be revoked
• Outstanding payments become immediately due
• Confidentiality obligations continue
• Licensed use of materials must cease

15. Dispute Resolution

15.1 Informal Resolution

In the event of any dispute, we encourage you to contact us first to seek an informal resolution. Most concerns can be addressed through open communication.

15.2 Mediation

If informal resolution is unsuccessful, both parties agree to attempt mediation before pursuing legal action.

15.3 Governing Law

These Terms are governed by the laws of Australia. Any legal proceedings must be brought in the courts of Australia.

16. Indemnification

You agree to indemnify and hold harmless The Sales Guy, its owner, and representatives from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your breach of these Terms
• Your use of our services or materials
• Your violation of any laws or third-party rights
• Actions of your employees or representatives

17. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer rights under the Australian Consumer Law (ACL) or other applicable laws that cannot be excluded, restricted, or modified by agreement.

Our services come with guarantees that cannot be excluded under the ACL. For major failures with the service, you are entitled to cancel your service contract and obtain a refund, or to compensation for the reduced value of the services.

18. Force Majeure

Neither party shall be liable for failure to perform obligations due to events beyond reasonable control, including:

• Natural disasters, pandemics, or acts of God
• War, terrorism, or civil unrest
• Government actions or regulations
• Strikes or labor disputes
• Internet or telecommunications failures

We will make reasonable efforts to minimize disruption and provide alternative arrangements where possible.

19. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website with an updated "Last Updated" date. Continued use of our services after changes constitutes acceptance of the modified Terms.

For existing service agreements, material changes will not apply retroactively without your consent.

20. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Invalid provisions will be modified to the minimum extent necessary to make them valid and enforceable.

21. Entire Agreement

These Terms, together with any service agreements and privacy policy, constitute the entire agreement between you and The Sales Guy regarding our services and supersede all prior agreements and understandings.

22. Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it in the future.

23. Assignment

You may not assign or transfer your rights or obligations under these Terms without our written consent. We may assign our rights and obligations to a successor or affiliate with notice to you.

24. Contact Information