Client Services Terms

buildGTM provides strategic go-to-market consulting, including positioning, messaging, copy, and related advisory services. buildGTM does not provide software, software development, managed technology services, or ongoing sales management. The specific scope of services for each engagement is set out in the relevant Services Agreement and Proposal.

buildGTM retains all rights in its own methodologies, frameworks, tools, templates, and processes, including any developed or refined during an engagement.

Deliverables produced specifically for the Client are owned by the Client once full payment has been received. Until payment is received in full, ownership remains with buildGTM. buildGTM grants the Client a non-exclusive, royalty-free licence to use such deliverables for the purposes for which they were created.

Neither party acquires any right, title, or interest in the other party's pre-existing intellectual property.

buildGTM represents that, to the best of its knowledge, deliverables produced for the Client do not infringe any third-party intellectual property rights.

Each party will keep confidential all information disclosed by the other that is by nature confidential, marked as confidential, or that a reasonable person would understand to be confidential. Each party will use Confidential Information only for the purposes of the relevant engagement and will not disclose it to any third party without prior written consent.

This obligation does not apply to information that:

• is or becomes publicly available other than through a breach of this obligation;
• was already known to the Receiving Party at the time of disclosure;
• was independently developed without reference to the Confidential Information; or
• is required to be disclosed by law or by order of a court or regulatory body.

These obligations survive the end of any engagement for three years.

The Client retains ownership of all data, materials, and information provided to buildGTM for the purposes of an engagement. buildGTM will use such materials only to deliver the agreed services.

On completion of an engagement, buildGTM will return or delete all Client-provided materials within 60 days, or earlier on written request. buildGTM may retain anonymised summaries of engagements for internal quality and development purposes only. These summaries will not identify the Client or contain specific Client data.

buildGTM may reference the Client's name and logo in its portfolio, website, and promotional materials, unless the Client opts out in writing. To opt out, the Client should notify buildGTM at hello@buildgtm.io at any time.

Use of the Client's name in a testimonial or case study requires the Client's separate written consent. buildGTM will share a draft for review and approval before publishing.

Each party will comply with all applicable privacy and data protection laws in connection with this agreement. For clients in Australia, this includes the Privacy Act 1988 (Cth) and the Australian Privacy Principles. buildGTM will not use or disclose the Client's personal information for any purpose other than delivering the agreed services.

buildGTM will perform all services with reasonable care and skill, to a professional standard consistent with the nature of the services. buildGTM maintains appropriate professional indemnity insurance for the services it provides.

Each party indemnifies the other against any direct loss or damage arising from that party's wilful misconduct, fraud, or gross negligence in connection with these Terms or any Services Agreement. Each party must take reasonable steps to mitigate any loss or damage.

To the maximum extent permitted by law, buildGTM's total liability to the Client for any claim arising under or in connection with a Services Agreement is limited to the fees actually paid by the Client under that agreement in the 12 months preceding the event giving rise to the claim.

Neither party is liable to the other for any indirect, consequential, or punitive loss or damage, including loss of profits, loss of revenue, or loss of opportunity, even if advised of the possibility of such loss.

Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any liability that cannot be excluded by law.

Where the Australian Consumer Law applies to the services, the Client may have statutory rights that these Terms do not exclude, restrict, or modify.

Fees are set out in the relevant Services Agreement. Unless otherwise stated in the Services Agreement, fees paid are not refundable. Where buildGTM cancels an engagement, any prepaid fees will be refunded on a pro-rata basis for work not yet completed.

If payment is not received by the due date, buildGTM may, after giving written notice, pause work until the account is current.

If the Client cancels after work has commenced, the Client will pay for all work completed up to the date of cancellation, plus any non-cancellable third-party costs incurred for the engagement, and 25% of the fees for the remaining agreed scope as a cancellation fee, unless a different cancellation arrangement is stated in the relevant Service Agreement or Proposal.

If the Client is unresponsive for 21 or more calendar days during an active engagement, buildGTM may pause work by written notice after making reasonable efforts to contact the Client. If the Client remains unresponsive for a further 14 days after that notice, either party may terminate the engagement by written notice. Where the engagement is terminated in these circumstances, the cancellation terms above apply.

The Client will provide timely access to materials, feedback, and session availability as required for the engagement to proceed. Delays caused by the Client extend the timeline proportionally. buildGTM is not responsible for incomplete or delayed deliverables to the extent caused by the Client's delay, failure to provide required cooperation, or failure to provide accurate or complete materials.

The final deliverable is accepted when the Client provides written approval. If the Client does not provide feedback or written notice of any material issue within 5 business days of delivery, the deliverable is deemed accepted. buildGTM will act reasonably in considering any genuine feedback provided shortly after that period.

If a dispute arises, the parties will attempt to resolve it in good faith through direct negotiation within 10 business days of written notice of the dispute. If unresolved, both parties must participate in mediation before commencing any court proceedings. Mediation costs are shared equally.

Nothing in this clause prevents a party from seeking urgent interlocutory relief from a court.

These Terms and any Services Agreement are governed by the laws of New South Wales, Australia. Both parties consent to the non-exclusive jurisdiction of the courts of New South Wales. Where both parties agree in writing, disputes may be resolved in an alternative jurisdiction.

Entire agreement. These Terms and the relevant Services Agreement constitute the entire agreement between the parties for that engagement. They supersede all prior discussions and agreements on the same subject matter.

Amendments. These Terms may be updated by buildGTM from time to time. The version in effect at the time a Services Agreement is signed governs that engagement. Updated Terms are published at buildgtm.io/terms/services.

Severability. If any provision of these Terms is invalid or unenforceable, it will be read down to the minimum extent necessary or severed, and the remaining provisions continue in full force.

Waiver. A failure or delay by either party to exercise any right under these Terms does not constitute a waiver of that right.

Subcontracting. buildGTM may engage subcontractors to deliver parts of the services. buildGTM remains responsible for the quality and delivery of work performed by any subcontractor.

No employment relationship. buildGTM is an independent contractor. Nothing in these Terms creates an employment, agency, partnership, or joint venture relationship between the parties.