TERMS OF SALE FOR PROFIT INSIDERS FOR INTERIOR DESIGNERS GROUP COACHING PROGRAM
This Terms of Sale
Agreement is a legally binding contract by and between Your Business Partner having a principal place of business at 12 Griffith Lane, Huntington NY 11743 and the Purchaser of Profit Insiders for Interior Designers Group Coaching Program (“Purchaser”).
understands that they can contact info@NancyGanzekaufer.com to answer any questions or to explain this Agreement and
the Refund Policy.
The period of this Agreement begins on the date of
purchase and ends upon cancellation of the Monthly Profit Insiders for Interior Designers Subscription Group Coaching Program by the
purchaser via email to info@NancyGanzekaufer.com at least 30 days prior to
monthly scheduled billing or upon cancellation or termination of this Agreement
by Your Business Partner.
I understand that I am responsible for paying Your Business Partner in full for Profit Insiders for Interior Designers Subscription Group Coaching Program each month. Purchaser may lose access to the Coaching and Membership site if payments are missed or
full payment is not completed by the due date.
Purchaser shall: (i) pay Your Business Partner monthly at
the current rate. All payments pursuant
to this Agreement are non-refundable. Your Business Partner reserves the right
to place further services on hold until any outstanding invoice is paid and to
invoice Client ten percent (10%) annual interest rate for any outstanding,
undisputed invoice not paid within thirty (30) days after receipt. If payment
ceases for a period of 30 days, this Agreement will be canceled and Client
will be required to pay the prorated amount due for services performed up to
card details are not handled by Your Business Partner.
All payment and all credit card handling is through a third party. Authority
for payment must be given at the time of placing your order.
The fee for Profit Insiders Group Coaching program includes:
3) Payment of $497 per month USD for two 60 to 90-minute group coaching calls per month + one 1:1 50-min introductory call, Voxer walkie-talkie phone App access, membership site access (due at time of purchase and monthly thereafter) (6 MONTH MINIMUM)
PLEASE NOTE: This is a monthly
membership program with the option to cancel further monthly payments after 6 months. The
purchaser can cancel via email to info@NancyGanzekaufer.com at least 30 days
prior to the next monthly scheduled billing.
3. METHODS OF PAYMENT
When Purchaser elects to pay by monthly installments, Purchaser authorizes Your
Business Partner to charge Purchaser’s credit card or debit card.
Purchaser must provide current, complete, and
accurate billing and credit card information. Purchaser must promptly update
all billing information (such as billing address, card number, and expiration
date) to keep their account current, complete, and accurate, and must promptly
contact Your Business Partner if their credit card is lost or stolen, or if
they become aware of a potential breach of account security (such as an
unauthorized disclosure or use of their Sign-In Name or Password). Purchaser
hereby authorizes Your Business Partner to obtain or determine updated or
replacement expiration dates for their credit card in the event that the credit
card you provided us expires.
We reserve the right to charge any renewal card
issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby
agree to pay all amounts due upon demand. You agree to pay all costs of
collection, including attorney’s fees and costs, on any outstanding balance.
In certain instances, the issuer of your credit card may charge you a foreign
transaction fee or related charges, which you will be responsible to pay. You
are advised to check with your bank and credit card issuer for details.
4. REFUND POLICY
Do the work, show up, and you WILL get the results. BUT if you don't get the results you expected with this program after completing and implementing the lessons in the membership site, attending all the coaching sessions live and doing the work in the first six months, then I will give you 100% of your money back. Requests for refunds must be made in writing in the 7th month after joining the program with attachments showing all work was completed.
We are completely devoted to your success. If during
the program you need help or support, ask and we will do our best to
accommodate you. By investing in your business and making a commitment to
yourself you are more likely to succeed.
If you would like to cancel this Agreement after the six-month minimum, you may do so at anytime 30 days before your next billing date,
please contact us at firstname.lastname@example.org.
5. CANCELLATION OR POSTPONEMENT
If Your Business Partner cancels Monthly Subscription
Coaching at any time or before it begins, Purchaser is entitled to a full refund of all paid
program fees within 10 business days. If Your Business Partner discontinues the
program after it begins, Purchaser will be advised in writing.
6. PARTICIPANT ACKNOWLEDGEMENT
This Agreement shall
constitute the entire agreement between Purchaser and Your Business Partner. Purchaser
understands and agrees that this Agreement supersedes any prior or
contemporaneous oral or written agreements or statements and may not be
modified without the written consent of Your Business Partner. Purchaser also
understands that this Agreement constitutes a binding contract upon purchase of
Monthly Subscription Coaching
As part of Monthly Subscription Coaching, Purchaser and Your
Business Partner agrees to hold any Confidential Information received from the
other in the strictest confidence.
Purchaser also agrees to hold every other participant’s Confidential Information
in the same strict confidence as required between Your Business Partner and its
Monthly Subscription Coaching participants. Information shared on calls, in video conferences, or any other means shall be maintained
8. NO GUARANTEE OF RESULTS
AGREES THAT THEIR USE OR INABILITY TO USE Monthly Subscription Coaching IS AT PURCHASER’S SOLE
RISK. By purchasing participation in Monthly Subscription Coaching you accept, agree and understand that you are
fully responsible for your progress and results and that we offer no
representations, warranties or guarantees verbally or in writing regarding your
results of any kind. You alone are responsible for your actions and results in
life and business which are dependent on personal factors including, but not
necessarily limited to, your skill, knowledge, ability, dedication, network and
financial situation, to name just a few. You also understand that any
testimonials or endorsements by our clients, customers or audience represented
on our programs, websites, content, landing pages, sales pages or offerings
have not been scientifically evaluated by us and the results experienced by
individuals may vary significantly. Any statements outlined on our websites,
programs, content, and offerings are simply our opinion and thus are not
guarantees or promises of actual performance. We offer no professional legal,
medical, psychological or financial advice.
By accepting this Agreement, Purchaser acknowledges and
agrees that all content presented within Monthly Subscription Coaching is
protected by copyrights, trademarks, service marks, patents or other
proprietary rights and laws, and is the sole property of Your Business Partner and/or
You are only permitted
to use the content as expressly authorized by Your Business Partner or the
specific content provider. Except for a single copy made for personal use only,
you may not copy, reproduce, modify, republish, upload, post, transmit, or
distribute any content or information from Monthly Subscription Coaching or the membership site in any
form or by any means without prior written permission from Your Business
Partner or the specific content provider, and you are solely responsible for
obtaining permission before reusing any copyrighted material that is available
unauthorized use of the materials referred to may violate copyright, trademark
and other applicable laws and could result in criminal or civil penalties.
10. GENERAL INFORMATION AND UNDERSTANDINGS
It is the purchasers' sole responsibility to be proactive in scheduling monthly calls using this link... www.meetme.so/nancyganzekaufer. Your Business Partner does not pursue or remind Monthly Subscription Coaching participants to schedule their monthly calls.
Without prior written approval, purchasers of Monthly Subscription Coaching cannot carry over any missed monthly calls that they failed to schedule during the appropriate month.
Your Business Partner warrants that it has the right to
provide Monthly Subscription Coaching and will use all reasonable skill and
care in making it available to Purchaser and in ensuring its availability.
Because of the nature of the internet, errors and omissions do occur and Your
Business Partner does not give any other warranties in respect of Monthly
Your Business Partner is continually seeking to improve Monthly
Subscription Coaching. Your Business Partner reserves the right, at its
discretion, to make changes to any part of Monthly Subscription Coaching provided
that it does not materially reduce its content or functionality.
11. REPRESENTATIONS AND
Each party warrants that:
(i) This Agreement has been duly and
validly executed and delivered and constitutes a legal, valid, and binding
obligation, enforceable against either party in accordance with its terms;
(ii) They have the full right, power,
and authority to enter into and be bound by the terms and conditions of this
Agreement and to perform their obligations under this Agreement, without the
approval or consent of any other party; and
(iii) They have sufficient right, title, and interest in
and to the rights granted in this Agreement.
Your Business Partner warrants that the Services will be
performed in a professional manner in accordance with recognized industry
standards. To the extent Services provided are advisory, no specific result is
assured or guaranteed.
YOUR BUSINESS PARTNER EXPRESSLY DISCLAIMS ALL OTHER
REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY (BY ANY
TERRITORY OR JURISDICTION) TO THE EXTENT PERMITTED BY LAW, AND FURTHER YOUR
BUSINESS PARTNER EXPRESSLY EXCLUDES ANY WARRANTY OF NON-INFRINGEMENT, TITLE,
FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY TO THE EXTENT PERMITTED BY
12. LIMITATION OF LIABILITY
MAXIMUM LIABILITY FOR ANY ACTION ARISING UNDER THIS
AGREEMENT, REGARDLESS OF THE FORM OF ACTION AND WHETHER IN TORT OR CONTRACT,
SHALL BE LIMITED TO THE AMOUNT OF FEES PAID BY PURCHASER FOR THE SERVICES,
COURSE OR PRODUCT FROM WHICH THE CLAIM AROSE. IN NO EVENT SHALL YOUR BUSINESS
PARTNER BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOST DATA OR LOST PROFITS, HOWEVER
ARISING, EVEN IF CLIENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE PARTIES AGREE TO THE ALLOCATION OF RISK SET FORTH HEREIN.
You agree to indemnify and hold
harmless Your Business Partner and its employees, representatives, agents, and
affiliates, against any and all claims, suits, actions, or other proceedings
brought against them based on or arising from any claim resulting from your
breach of this Agreement. You will pay any and all costs, damages, and
expenses, including, but not limited to, reasonable attorneys' fees and costs
awarded against or otherwise incurred by us in connection with or arising from
any such claim, suit, action, or proceeding.
You will immediately notify Your
Business Partner of any current, impending, or potential legal action against
it by a third party for matters relating to email, email complaints, email
deployment, and violations of CAN-SPAM.
Your Business Partner reserves the right, at its own
expense, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by the indemnifying party hereunder.
Neither party may assign its rights or obligations under
this Agreement to any party, except, that the assignment to a third party who
obtains all or substantially all of the business or assets of a party shall be
permitted subject to the reasonable consent of the other party (i.e. the
15. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and interpreted in
accordance with the laws of the State of New York without regard to the
conflicts of laws and principles thereof. Jurisdiction for litigation of any
dispute, controversy or claim arising out of or in connection with this
Agreement shall be only in a federal or state court having subject matter
jurisdiction located in New York.
Any cause of action brought by Purchaser against Your
Business Partner must be instituted within one year after the cause of action
arises or be deemed forever waived and barred.
For every dispute regarding this Agreement: (i) the
prevailing party is entitled to its costs, expenses, and reasonable attorney
fees’ (whether incurred at trial, on appeal, or otherwise) incurred in
resolving or settling the dispute, in addition to all other damages or awards
to which the party may be entitled; (ii) each party consents to the
jurisdiction of the courts of the State of New York and agrees that those
courts have personal jurisdiction over each party; (iii) venue will be in New
York; and (iv) the parties will submit the dispute to mandatory mediation held
in New York or through an online mediation service agreed upon by all parties.
If the parties cannot agree on a mediator, then any party may apply at any time
to the presiding judge of the Superior Court for the appointment of a mediator,
and the judge’s selection is binding on all parties. The parties will share
equally (50/50) in all costs of the mediation, including the mediator’s fees,
but each party is solely responsible for its own attorneys’ and experts’ fees.
Every mediation will be completed within 4 months of the date when the initial
notice demanding mediation was provided by any party. If, for any reason, the
dispute is not resolved through mediation within the 4-month period, then the
parties may continue seeking to resolve the dispute via any process, including
litigation by trial.
In no event shall Your Business Partner be liable for any consequential,
punitive or multiple damages of any kind.
17. FORCE MAJEURE
Neither party shall be liable for any failure to perform
its obligations under this Agreement if prevented from doing so by a cause or
causes beyond its control, including without limitation, acts of God or public
enemy, failure of suppliers to perform, fire, floods, storms, earthquakes,
riots, strikes, war, and restraints of government.
(a) Parties may not amend or waive any
provision of this Agreement unless in writing and signed by both parties.
(b) This Agreement represents the
entire agreement between the parties, and shall supersede all prior agreements
and communications of the parties, oral or written.
(c) The headings and titles contained
in this Agreement are included for convenience only, and shall not limit or
otherwise affect the terms of this Agreement.
(d) If any provision of this Agreement
is held to be invalid or unenforceable, that provision shall be eliminated or
limited to the minimum extent necessary such that the intent of the parties is
effectuated, and the remainder of this agreement shall have full force and
(e) The failure to exercise any right provided in this
Agreement shall not be a waiver of prior or subsequent rights.
19. CONTACT INFORMATION
If you have any questions or concerns, please contact Your
Business Partner by email at email@example.com.
The Parties hereby agree to all of the above terms and have executed this
Agreement by a duly authorized officer, agent or representative.