Kofounder Platform Terms & Client Services Agreement

Last updated: 21 June 2025

Welcome to Kofounder Australia Pty Ltd (ACN 669398421) ("Kofounder", "we", "our" or "us"). These Terms govern your access to and use of our website, platform, content, and any Services provided through www.kofounder.com ("Website").

By accessing or using our Website or Services, or by accepting a Proposal or Service Package, you agree to be bound by these Terms.

Overview of Services

1.1 Kofounder is an online platform that provides:
(a) Educational content, digital tools, and business guidance ("Platform Content");
(b) Optional done-for-you services via paid Launch and Grow packages ("Client Services");
(c) Customised services via Proposals or Quotations ("Custom Services").

1.2 Your access to the Platform and/or any paid services is subject to these Terms.

Client Engagement

2.1 Clients are not required to create an account to view or browse the Kofounder website.

2.2 However, certain platform features, tools, or support resources may require account registration. Where account creation is offered, you agree to:
(a) Provide accurate, current, and complete information;
(b) Keep your login credentials secure;
(c) Be bound by these Terms upon registration and use of an account.

2.3 Clients may also engage Kofounder services without registering for an account by submitting a quote request and paying a deposit or full fee.

2.4 Upon payment of a deposit or service fee, the client agrees to be bound by these Terms regardless of account registration status.

2.5 Clients must be 18 years or older or otherwise legally able to enter into binding agreements.

Scope of Client Services

3.1 Client Services (including Launch and Grow packages) are governed by:
(a) The details and deliverables outlined in a Scope of Work, Proposal, or Package Description;
(b) These Terms, which apply in addition to any signed quotation or agreement.

3.2 We reserve the right to decline services at our discretion.

Launch Service Terms (Launch Packages)

4.1 Services Included:
(a) Specific service deliverables and inclusions are outlined in the relevant package or proposal scope of works;
(b) Services are provided on a done-for-you basis, with client input required during strategic, branding, and review stages.

4.2 Timelines & Delivery:
(a) Estimated project durations will be provided based on scope;
(b) Client response times and feedback impact project completion;
(c) Delays caused by the client may result in timeline extensions.

4.3 Client Responsibilities:
(a) Clients must provide all required inputs such as business information, goals, preferences, and brand direction;
(b) Clients are required to provide timely feedback within 2 business days to avoid delays;
(c) A single point of contact must be nominated for project communication and approvals.

4.4 Revisions:
(a) Each major deliverable typically includes one (1) round of revision unless otherwise stated;
(b) Additional revisions outside the agreed scope may incur fees.

4.5 Completion and Handover:
(a) Upon completion of the project and payment of all fees, clients will receive access to their website, CRM, and related materials;
(b) Kofounder may retain admin access for ongoing support unless otherwise requested.

4.6 Copyright & Usage:
(a) Upon full payment, clients receive rights to use branding, website, and CRM setup as delivered;
(b) Kofounder retains the right to showcase completed work for portfolio or marketing purposes.

4.7 Exclusions:
(a) Unless explicitly stated, hosting, domain costs, third-party app subscriptions, email services, and legal or financial consulting are excluded from launch services;
(b) Copywriting may be limited to web and marketing content outlined in the scope.

4.8 Project Pause or Abandonment:
(a) If a client does not respond for 30 days, the project may be paused or closed at Kofounder's discretion;
(b) Additional restart or continuation fees may apply.

Video Service Terms (Grow Packages)

5.1 Services Included:
(a) Each video includes strategic planning, scripting, editing, and publishing, unless otherwise stated in the proposal scope of works;
(b) One (1) round of revision is typically included per video (max 30 minutes of editing);
(c) Voiceovers are typically included where agreed during planning;
(d) Publishing may include platform scheduling, but not campaign management or copywriting unless otherwise stated in the proposal scope of works.

5.2 Formats & Aspect Ratios:
(a) Output format (e.g. landscape, square, portrait) is decided during planning;
(b) One (1) output format per video is included;
(c) Additional formats incur standard editing fees.

5.3 Video Length & Custom Projects:
(a) Longer-form or bespoke projects are quoted separately;
(b) Custom elements like animation or advanced production are billed based on scope.

5.4 Filming Services:
(a) Onsite/remote filming is not included by default;
(b) Filming is available at $150/hr (inc. GST), minimum 4 hours;
(c) Clients must ensure availability of subjects and locations.

5.5 Additional Editing:
(a) Extra editing time is billed at $88/hour (inc. GST).

5.6 Client Responsibilities:
(a) Upload all required materials (logos, footage, brand assets, etc.);
(b) Supply case study/testimonial materials where needed;
(c) Appoint one single point of contact;
(d) Provide feedback within 2 business days; if not, we may proceed as planned.

5.7 Communication & Meetings:
(a) All communication will occur via ClickUp, email, or Zoom/Meet;
(b) Monthly meetings (max 30 mins) are available by appointment;
(c) Support hours: Mon–Fri, 9:00am–5:00pm AEST.

5.8 Billing & Payment:
(a) Invoices are issued monthly in advance;
(b) Ad-hoc services are invoiced separately and prepaid;
(c) Prices include GST unless stated otherwise.

5.9 Cancellation & Pause Policy:
(a) Clients may cancel or pause at any time;
(b) Outstanding deliverables for a paid month will be completed;
(c) No refunds or credits for unused or cancelled services mid-month.

5.10 Delivery Timeframes:
(a) Videos will be published during the paid month where possible;
(b) Rush delivery may incur additional fees;
(c) Client delays may impact timelines.

5.11 Copyright & Usage:
(a) Upon full payment, clients receive full rights to use published video content;
(b) Kofounder retains rights to use video work for its own marketing/portfolio purposes.

5.12 Force Majeure:
(a) Kofounder is not liable for delays/failures due to circumstances beyond its control.

General Client Responsibilities

6.1 All clients agree to provide timely access, approvals, feedback, and materials required to complete their selected services.

6.2 Specific responsibilities for Launch and Grow services are detailed in Clauses 4 and 5 respectively.

6.3 Delays caused by the client may impact timelines and result in additional fees.

Fees, Payments & Refunds

7.1 Payments:
(d) All pricing and applicable taxes will be presented in the local currency relevant to your region or as stated in your official quote or invoice. Taxes, including but not limited to GST, VAT, or sales tax, may be calculated and collected automatically at checkout depending on your location and the requirements of applicable tax jurisdictions.
(a) Fees are outlined in your chosen Service Package or Proposal;
(b) All payments are processed via Kofounder’s nominated payment gateway provider including Stripe and Xero;
(c) Full or milestone payments may be required before service commencement.

7.2 Late or Failed Payments:
(a) You remain liable for any transaction or banking fees incurred due to failed payments;
(b) We may suspend access to Services until payment is received.

7.3 Refund policy:
(a) Refunds are only available to Launch Package clients for work not yet commenced or delivered;

(b) A non-refundable mobilisation fee of $500 applies where project setup has taken place. This covers internal planning, resource allocation, briefing sessions, and opportunity cost from reserving team capacity.

(c) Refunds will not be provided for:
i) Any services already delivered, whether in full or in part;
ii) Time and materials already committed to the project, including but not limited to strategy planning, copywriting, design work, CRM setup, or campaign build activities;
iii) Platform, software, or third-party expenses incurred on your behalf (e.g. hosting, plugins, paid tools, ad credits, or subscriptions).

(d) Any refund request must be made in writing and will be assessed on a case-by-case basis. We reserve the right to determine the refundable portion based on the scope of work completed to date, time invested, and external costs incurred.

(e) Where partial refunds are approved, they will be processed within 14 days, less the mobilisation fee and any non-refundable components.

(f) This refund policy is offered in good faith to ensure fairness, and does not limit your rights under applicable consumer protection laws.

Scope Changes and Delivery Adjustments

8.1 Any changes to an agreed scope, deliverables, or timelines must be approved in writing via a formal Change Request.

8.2 Additional fees may apply.

Ownership and Intellectual Property

9.1 Platform Content (free or paid educational material):
(a) Remains the property of Kofounder;
(b) Licensed to you for personal, non-commercial use only.

9.2 Client Deliverables (branding, websites, videos, etc.):
(a) Upon full payment, you receive a non-exclusive, royalty-free license to use all custom content and deliverables for your business;
(b) We retain rights to reuse templates, processes, and systems developed by us;
(c) We reserve the right to showcase your deliverables (e.g. logo, website, video) in our portfolio or marketing.

9.3 You may not reuse, distribute, or reverse-engineer any of our proprietary tools, frameworks, or systems.

Platform Use & Restrictions

10.1 You must not:
(a) Use the Website or Services for unlawful purposes;
(b) Reproduce, adapt or exploit any part of the Platform without our written consent;
(c) Access the Platform using automated means or attempt to bypass our security measures.

10.2 Competitors are strictly prohibited from accessing our Platform or content. Breaches may result in legal action.

Service Disclaimer

11.1 We make no guarantees about your business outcomes.

11.2 While we aim to provide valuable guidance and done-for-you services, your results depend on many factors outside our control.

11.3 We do not guarantee sales, leads, revenue, or growth outcomes.

11.4 Services are provided "as-is" and "as-available" to the extent allowed by law.

Limitation of Liability

12.1 To the maximum extent permitted by law:
(a) Our total aggregate liability for any claim or series of related claims arising out of or in connection with these Terms or the Services shall not exceed the amount paid by the client for the Services in the 3 months preceding the claim;
(b) We are not liable for indirect, incidental, special, or consequential damages, including but not limited to lost profits, loss of business opportunity, or loss of data;
(c) We do not accept any liability for damages arising from delays, errors, or omissions outside of our control, or for reliance on information or strategies provided during the Services;
(d) This limitation applies regardless of whether liability is based in contract, tort (including negligence), equity, statute, or otherwise.

12.2 Clients based in jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages may have additional rights under local laws, which shall apply only to the extent required.

Termination

13.1 Either party may terminate the agreement at any time by providing 14 days’ written notice.

13.2 Termination by Kofounder may occur immediately in the event of non-payment, breach of these Terms, or if the engagement is no longer commercially viable or appropriate.

13.3 Upon termination, any outstanding fees must be settled, and any work in progress may be paused or closed at Kofounder’s discretion.

Dispute Resolution

14.1 Before initiating legal proceedings, both parties must:
(a) Attempt good faith resolution within 28 days of a written dispute notice;
(b) Engage in mediation in Perth, Western Australia, if unresolved;
(c) Share mediation costs equally.

Governing Law

15.1 These Terms are governed by the laws of Western Australia.

15.2 You agree to submit to the exclusive jurisdiction of courts in Western Australia, to the extent permitted by local consumer protection laws.

Severability

16.1 If any part of these Terms is found invalid or unenforceable, the remainder will remain in effect.

Contact

17.1 Please contact us via the Website if you have questions about these Terms.

Acceptance of Terms by Payment

18.1 By paying a deposit or any portion of a fee outlined in a Kofounder quotation, proposal, or invoice, you acknowledge that you have read, understood, and agreed to be bound by the Kofounder Platform Terms & Client Services Agreement.

18.2 You further agree that payment constitutes acceptance in lieu of a physical signature.