Terms and Conditions for Starter Program (Profit Solutions)
These Terms and Conditions ("Agreement") are entered into by and between Profit Solutions Pro, Inc., a corporation incorporated under the laws of the State of California, registered at Profit Solutions Pro, Inc., a corporation incorporated under the laws of the State of California, registered at 118 Metropole Street, Suite 1935, Avalon, CA 90704, hereinafter referred to as the "Consultant," and the Client, collectively referred to as the "Parties." The Agreement comes into effect when the Client accepts these Terms and Conditions by checking the associated box upon checkout. By accepting these Terms and Conditions, the Client acknowledges that they have read, understood, and agreed to all terms and conditions outlined herein, and the Parties hereby commit to collaborate in achieving financial business success.
2. Starter Program Overview
2.1 Minimum Term. The Starter Program has a minimum term of thirty (30) days starting from date of Agreement execution, during which the Client shall receive the services detailed below.
2.2 Fee. The Client is required to pay the Consultant a one-time set-up fee of $997 (the “Fee”) upon entering into the Agreement.
2.3 Lead Generation Machine Offer
a. Guarantee: If in the unlikely event that you are not 100% completely satisfied with our services for any reason within 30-days, we will end our services and promptly refund your $997 Set-Up Fee.
b. Notice of Refund Request: To claim the refund, the Client must notify the Consultant in writing of the performance shortfall within 30-days of this Agreement date. If not, the Guarantee shall be deemed satisfied and the Set-Up Fee duly earned.
c. Sole Remedy: The refund specified in this clause shall be the sole and exclusive remedy available to the Client in the event of a performance shortfall. The Consultant shall not be liable for any other damages or losses incurred by the Client.
3. Services Offered. The Consultant shall provide services as described in the Profit Plus Starter Program.
4. Electronic Funds Transfer (EFT). The Client agrees to pay fees as specified in this Agreement via Electronic Funds Transfer (EFT). Chargebacks are only allowed for material breaches or fraud. Unwarranted chargebacks result in service suspension, chargeback costs, and possible termination. [Use the DVC language]
5. Confidentiality. Both Parties agree to keep all non-public information, including but not limited to business strategies, client lists, and trade secrets, confidential. This obligation of confidentiality shall continue even after the termination of this Agreement.
6. Non-Solicitation. During and for two (2) years after this Agreement, the Client shall not hire or engage in business with any of the Consultant’s employees and/or contractors with whom the Client has interacted with during this Agreement. Breach results in liquidated damages of $10,000 per occurrence.
7. Liability and Termination. In no event shall the Consultant be liable for any damages or losses incurred by the Client beyond the refund of the Fee, whether arising from breaches of this Agreement, negligence, or any other legal theory.
8.1 Entire Agreement. This Agreement constitutes the entire understanding between the Parties regarding the DVC Starter Program and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings, whether oral or written.
8.2 Amendments. This Agreement may only be amended or modified in writing and signed by both Parties.
8.3 Severability. In the event that any of the provisions of this Agreement shall be held by a court to be illegal, invalid, or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that the Agreement shall otherwise remain in full force and effect.
8.4 Applicable Law and Venue. The laws of the State of California shall govern the Agreement. The venue for any legal action to enforce the terms of The Agreement will be in Los Angeles County, California.
8.5 Dispute. Any dispute, controversy, or claim arising out of or relating to this Agreement, its interpretation, enforcement, breach, or validity, including claims for specific performance or injunctive relief, shall be submitted to JAMS for arbitration in accordance with its Comprehensive Arbitration Rules and Procedures, provided, however, that any Party may seek preliminary injunctive relief from a court of competent jurisdiction before the arbitration panel is appointed.