Partner Terms

1. Who we are

SMEInspect is operated by ClarityIntel Pty Ltd (ABN 54 697 254 596), PO Box 4127, Balgowlah Heights NSW 2093, Australia (we, us). You means the firm that joins, and your client means a business you refer to us. Our service for your clients is governed by our Terms of Use.

2. Referring clients

• You refer clients with your partner link, or by asking us to send them an invitation. Only send us a client's email address if they've agreed to hear from us.
• A client counts as yours when they start with us through your link or invitation, or name you and you confirm them. Each referred client's review is free.
• Your clients decide for themselves whether to go ahead, and nothing changes for them without their approval.
• We don't promise any number of clients or any saving, and you don't have to refer anyone.

3. Your fee: one arrangement

When you join you choose one arrangement. You can change it at any time; a change applies to clients referred after it, never to clients already referred.

• Referral fee. We pay you half of what each client you refer pays us in fees, up to A$400 per client in Australia (£250 in the UK) in total. "What they pay us" means fees actually paid, before GST or VAT, not counting any review fee. It builds as they pay each of our invoices, for as long as they're with us, until the total is reached.
• Take nothing. Your firm receives nothing from us, in any form. Instead, half of each of your client's success fees comes off their invoice, until the same amount (A$400, or £250 in the UK) has come off in total.
• Your own fee only. We pay you nothing. You may charge your client yourself, for example for your time going through the review with them.
• Member rate (industry associations). We pay your association nothing, in any form. Instead, your members pay 20% of the first year's saving instead of our usual 25%, on changes they approve in their first 12 months, until A$1,000 (£600 in the UK) has come off each member's fees in total. If you stop offering it, members who have already joined keep it.

4. How we pay the referral fee

• Your partner account shows each referred client's fee: what's due and what's been paid.
• We pay what's due by bank transfer within 14 days of the end of each month, to the account you add in Settings, and email you when we have. Until you add an account, we hold what you're owed.
• If you're registered for GST (or VAT), send us a tax invoice for what's due and we add the GST or VAT to it.
• If an invoice your client paid is corrected or refunded, the share it earned you comes off what you're owed next. We don't ask for back what we've already paid you.

5. Telling your clients

Before a referred client starts, we tell them your arrangement and, for a referral fee, the most it can come to, in money. It never changes what they pay us. You make any further disclosure your own professional rules require.

6. Your clients' information

• You see a client's findings and progress only while they choose to share them with you. They can stop sharing at any time.
• You use what you see only to advise that client, keep it secure and confidential, and handle personal information under the Privacy Act 1988 (Cth) (or UK data protection law for UK clients).
• You tell us promptly about any data breach involving information we shared with you.

7. What each of us does

• We review what your clients pay their suppliers and arrange changes they approve. We don't give financial, legal or insurance advice, and we don't give advice in your name.
• You won't give your clients financial, legal or insurance advice in our name, say you act for us, or promise a saving on our behalf.
• You may use our name only to refer clients with your partner link and the material we give you.

8. Responsibility

Each of us is responsible for our own services and advice. Neither of us is liable to the other for indirect loss. Our total liability to you under these terms is limited to the fees we paid you in the previous 12 months, or A$400 if that's more. Nothing in these terms limits rights under the Australian Consumer Law (or UK consumer law) that can't be limited.

9. Changes and ending

• We may change these terms by giving you at least 30 days' notice by email. A change applies only to clients referred after it takes effect.
• Either of us can end your partnership at any time by email. Fees for clients you referred before then keep building as they pay us, up to the same total.
• We may end it straight away if you seriously breach these terms.

10. General

We're independent businesses: neither of us is the other's agent, partner or employee, and your partnership isn't exclusive. Notices are by email: to partners@smeinspect.com for us, and to the address on your partner account for you. Amounts exclude GST or VAT unless we say otherwise. These terms are governed by the law of New South Wales.