Terms and Conditions

Terms and Conditions
We are very excited to help your business grow and help you find (or save) funds to fuel your business growth. There are a few key conditions that you need to be aware of when you engage FundFindrs to assist you. We have done the best we can to limit the legal jargon and keep the lawyers at bay, so if anything doesn’t feel right or look right, please tell us immediately. We are here to help.

So here we go with the fine print:

We (“FundFindrs” or “FundSavrs”) and You (“Member” or “Non-Member”) agree to the following:

1. Our service to you
FundFindrs Pty Ltd (FundFindrs) agrees to provide you with Grant, Award and Traineeship writing and research services either as a paid-up Member of FundFindrs or as a Non-Member for the fees outlined in the Pricing page.

2. You understand and agree that: 
The FundFindrs team are not lawyers, financial analysts, financial planners, accountants, or professional solicitors, and we do not give any professional or financial planning advice regarding you financial or legal matters. If necessary, you must seek your own financial and legal advice by your own accountant, business planner or lawyer before proceeding with any service offered by FundFindrs.

An unexpected cancellation, termination or non-renewal of a grant, traineeship, funding opportunity, or award by a third party, government agency, award or grant provider or because of a force majeure event is out of FundFindrs control, and you agree that FundFindrs is not responsible or liable for any unexpected cancellation, termination or non-renewal of a grant, traineeship, award or funding opportunity.

3. Your help is needed for success.
For the greatest chance of success, you are responsible for providing and reviewing (in a timely manner) any documents, data, materials, and log in codes for electronic submissions, that are necessary not only to complete the applications, but also to submit them.

You agree that FundFindrs is not at fault for late, incorrect, missed, or incomplete submissions due to:

• Any requested Information, data, or documents not being provided by you in a timely manner.
• Late payment of Membership fees

For the best results:

• Appoint an internal person to liaise with FundFindrs.
• Provide materials and supporting evidence as requested in a timely manner.

4. Membership Fees
Membership fees are ex GST and will be charged either monthly or annually until you cancel your Membership, giving two months full notice.

5. Payments for Membership Fees

Payments can be made by direct debit form (monthly fees) or payable on invoice (annual fee). Transaction and processing fees may apply for direct debit payments.
Payments can be made by filling in a direct debit form (monthly fees) or payable on invoice (annual fee).
This invoices for membership or upfront services are payable before services begin.
Invoices for success fees are payable within 14 days of receipt by direct credit to the nominated FundFindrs bank account.

6. Success Fees
Success fees are payable by you in addition to any upfront, Annual or monthly Membership fees as follows:

FundFindrs: You will pay a % of the total funding received plus GST as a success fee to FundFindrs when you receive the approval for funds for Grants, Traineeships, or any other funding where FundFindrs has been engaged to assist in the writing or application for those funds.
FundSavrs: You will pay a % of the total annual savings received plus GST as a success fee where the FundSavrs team have identified real and potential savings within your existing business or within your existing suppliers, and those savings are realistic and achievable.
For the avoidance of doubt, “after costs” means those costs associated with changing suppliers or systems to realise the savings and does not include the cost of engaging the FundSavrs team to audit and report on those business activities.
The % payable is the amount outlined in the membership or non-membership inclusions in the Pricing page.

6.a. R&DTI Minimum Success Fee
The minimum success fee for an R&DTI application is $5,500 + GST. If the percentage specified on the pricing page results in a higher amount, the greater of the two will apply.

7. Payments for Success Fees
All success fees will be invoiced upon the earlier of learning that funding has been granted to You or upon providing a FundSavrs report outlining real and potential savings for You, whichever occurs earlier.
Invoices for membership or upfront services are payable before services begin.
Invoices for success fees are payable within 14 days of receipt.

8. Termination and Refunds
FundFindrs does not offer refunds on:

• Completed monthly payments unless there has been a billing error.
• Cancellation of a grant, traineeship, funding opportunity, or award by a third party, government agency, award or grant provider or because of a force majeure event, where the FundFindrs teams has expensed time, money or resources on the application, grant, award or funding before the cancellation occurred. The full-service fee (but not the success fee) will still apply.
  You may request to terminate your Membership by providing two months’ notice, which will be processed and enacted at the end of the notice period.
  Termination of your Membership does not terminate any success fees that may be due and payable on any application, service, grant or traineeship that is already underway, and that may be paid to you outside of your Membership period.
  At the end of your termination period, any Member success fee % will automatically move to the then current Non-Member success fee % which is a minimum 3% points higher than the member success fee. The increase in membership includes any and all grants that:
• Are in the process of being applied for and/or;
• Have already been applied for while in the membership, but awarded after the membership expires or is terminated.

9. Confidentiality
Any Confidential Information shared by any party, or any representative of each party is confidential, proprietary, and belongs solely and exclusively to the party who discloses it. Parties agree not to disclose, reveal, or make use of any Confidential Information provided to them. The parties agree not to use such confidential information in any manner other than in discussion with those organisations necessary for providing the services.
Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss, and theft.
Each party agrees not to violate each other’s publicity or privacy rights and will not reveal any information to a third party obtained in connection with this Agreement that is not already publicly available.

10. No Transfer of Intellectual Property  
The FundFindrs’s program is copyrighted and any original materials that have been provided are for individual use only and on a single-user license. You are not authorised to use any of FundFindrs’s intellectual property for your business purposes. All intellectual property, including FundFindrs’s provided Industry outlines and contracts, shall remain the sole property of FundFindrs. No license to sell or distribute FundFindrs’s materials is granted or implied.

11. Independent Contractor Status
Nothing in this Agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship. Each party shall be an independent contractor and shall retain control over its personnel and the manner in which such personnel perform. In no event shall such persons be deemed employees of the other party by virtue of participation or performance under this agreement.

12. Force Majure  
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labour strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either FundFindrs to perform its obligations under this Agreement, the FundFindrs performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.

13. Severability / Waiver
If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.

14. Limitation of Liability  
FundFindrs has no control over any funds awarded, or award success, and provides no guarantee of outcome.

15. Assignment
You may not assign this Agreement without the express written consent of FundFindrs.

16. Dispute Resolution
If not resolved first by good-faith negotiation between the parties, any dispute relating to this Agreement must be submitted to the Australian Mediation Association (ama.asn.au) first, and the steps below followed before any further legal action can be taken by either party.

• Request mediation to resolve the dispute in writing to the other party, outlining the areas of dispute and your desired outcome.
• Appoint an agreed mediator. ama.asn.au/find-a-mediator/
• Attend mediation which should occur within ninety (90) days from the date of the initial mediation request.
• Co-operate to seek a good outcome for both parties.
• Each party will pay their own costs of mediation.
  If after attending mediation in good faith and exhausting all possible dispute resolutions, either party may then commence legal action.

17. Notices
Any notices to be given by either Party to the other may be affected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested.

• Notices delivered personally shall be deemed communicated as of the date of actual receipt.
• Mailed notices shall be deemed communicated as of three (3) days after the date of mailing to the company’s registered address.
• Notices by email will not be accepted.

18. Agreement
This Agreement constitutes and contains the entire agreement between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements, and understandings between them relating to such subject matter.

This Agreement shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia.