Version applicable from 22nd February 2024.
Terms and Conditions (T&C) or Agreement – represent the Service Agreement between TUDOR MARKETING SERVICES S.R.L. (the owner & operator of tanda.digital and www.tandacopywriting.com, also referred to as “we”, “us”) as a Service Provider and The User as a Client. The T&C refer to using the website, requesting an offer, placing an order for a product/service, making a payment, making a comment, using our contact forms or any other activities done through or on the website.
Website – refers to www.tanda.digital and www.tandacopywriting.com and includes the domain name, any subdomains, emails, the website database and all the pages of the website, including the blog section.
Learning Platform – refers to the subdomain learn.tanda.digital where our learning platform is hosted. The Learning Platform is part of the Website, but may also be identified separately.
User (also referred to as Client and “you”) – this term includes both the holder of an account as a registered user and a visitor of our website. A user can be a natural person or a business entity.
Order – any purchase of a Product or Service or any other payment made towards the purchase of a Product or Service through the website.
Products – the products we might sell through our website might include physical products as well as digital products. Physical products will be delivered to your shipping address, and digital products will be delivered to the email address you provide. Digital products include productized services that we may perform for you. You are responsible to provide the correct email address in all cases. The products we might sell might include eBooks, courses, software products, productised services and others.
Services – the services we sell through our website will be performed for you by our team and are subject to these terms & conditions.
Sales Page – any web page on which the products or services we sell through our website are described or sold.
Newsletter – the Service Provider’s email list, from which a Client may subscribe through our website, and can unsubscribe from at any time.
Confidential Information – refers both to the Personal Data collected from The User and the information regarding the User’s business or activity and other project details that are provided in order to facilitate the completion of an order.
0.1. The website, the domain name of tanda.digital, its subdomains and the brand itself are owned by TUDOR MARKETING SERVICES S.R.L., a Romania based limited liability company, having its headquarters in E.U., Romania, Bucharest, B.P.Hasdeu street no. 14, Sector 5, registered with the Romanian Trade Registry under EUID ROONRC.J40/1822/2018, acting as and named hereto as Service Provider.
0.2. The Service Provider reserves the right to change these Terms & Conditions by changing this present document without prior notice. To stay up to date with the Terms & Conditions and any modifications, it is advised that you visit this page throughout our business relationship to check for any updates or changes. Even if you do not visit the terms when they are modified, your continued use of this website and our services represents your agreement with the changed provisions.
0.3. These Terms & Conditions are divided into three categories as follows:
- b) Terms of Service for Placing & Receiving an Order
1.1. General use of the website represents any activity that the user does on or through the Website.
1.4. You agree to use this website only for lawful purposes. Any behaviour which is unlawful or which may harass or cause inconvenience to any person or to us is prohibited and will determine the cancellation of your account and of your use of our website without any prior notice.
1.5. The Service Provider has the right to remove any material, posts or comments you make through this Website or withhold them for moderation and decide if they will be publicly displayed at its discretion and without any prior notice.
1.6. REGISTRATION AND ACCOUNTS
- a. You must be 18 years old or over to use this website and warrant that the details you provide on registration or use of our Products or Services are true, accurate, complete and current to your best knowledge and you represent and warrant that you are at least 18 years old.
- b. When you create an account on any parts of our Website, you may be given the opportunity to opt-in to receive marketing emails from us. You can unsubscribe from emails at any time by either requesting this directly to us in writing (by e-mail) or using the unsubscribe link that can be found at the bottom of all our newsletter e-mails.
- c. You have the possibility to register for an account on our website by completing and submitting the account registration form on our website and clicking on the verification link in the e-mail that will be sent to you.
d.You must not use any other person’s account to access the website unless you have that person’s express permission to do so.
- e. You must protect and keep your password confidential. You must notify us immediately in writing if you become aware of any disclosure of your password.
- f. You must not allow any other person to use your account to access the website. You must notify us in writing immediately if you become aware of any unauthorized use of your account by emailing us at [email protected] or [email protected].
- g. You may cancel your account with our website and you can cancel your newsletter subscription at any time by contacting us.
1.7.1. Copyright of the website, all written content and design, except for the user-generated content is owned by the Service Provider. Files including information, video content, offers, images, photos, logos, names and icons may not be used, downloaded, altered or adapted for any purpose without the prior written permission of the copyright owner.
1.7.2. In case we observe a violation of our copyrights, we will do our best to solve this dispute amicably by notifying you on your e-mail address or on any other available contact details in order to stop the violation. In case you do not cease the copyright infringement, we will further take all the necessary legal measures to protect our copyright and we will contact your Internet Provider for assistance.
1.7.3. Unauthorized use of the material including but not limited to the reproduction, storage, modification, distribution or publication without the prior written consent of the Service Provider is strictly prohibited.
1.8. ORIGINALITY AND PLAGIARISM
1.8.1. Service Provider’s Website Content Originality – We guarantee that to the best of our knowledge, our services or information posted in any section on our website are original and they do not violate any copyrights. In case you have a fair doubt that our services or information have infringed any intellectual property rights, you agree to notify us in writing regarding any breach in order for us to take all the necessary measures to repair the issue and to act in good faith. In this respect, we will reply to your request within 7 (seven) working days from the receipt.
1.9. LIMITED WARRANTIES and LIMITATION OF LIABILITY
1.9.1. We do not warrant or represent:
- a) The completeness or accuracy of the information published on our website, including on our blog section.
- b) That the website or any product/ service on the website will remain available. The Service Provider reserves the right to discontinue or modify any or all of our website services at any time without any prior notice, including the prices of the Products.
- c) The Security of the User Generated Content, including possible attacks that bypass our security measures – The Service Provider will not be held liable for any sort of action of other users, including, but not limited to registered users, unauthorized users or hackers of tanda.digital.
- d) The accuracy of The User Generated Content – The Service Provider will not be held responsible for the accuracy or content of any comments, advice or information posted by users on the website and will not be held responsible for any direct or indirect damages produced to you or to your business by your reliance on the User Generated Content.
- e) Even though the Service Provider tries to moderate the comments posted by Users, we don’t warrant, we don’t guarantee and we also can’t be held liable for any behavior of the website’s Users which is unlawful or which may harass or cause inconvenience to any person or User. As soon as we are aware of the unlawful behavior, we will take all the necessary measures to stop it by deleting the comment and canceling the User’s account and his use of our website.
- f) The Service Provider does not warrant that tanda.digital’s connection to the internet will be uninterrupted, always available or error-free.
1.9.2. On our website, we often use relevant links to other resources that we believe you will find useful. However, we cannot guarantee the safety of those links and we are not responsible for the content that is found there. We do our best to ensure that the links we provide are safe. However, since The Service Provider does not control the websites on which they are made available or whether or not they are changed in the future, we cannot guarantee their safety. As a result, The Service Provider cannot be held liable for the content of the external links that can be found on our website and you assume full responsibility for any direct or indirect damages caused to you by following those external links.
1.9.3. Although we have taken all the reasonable precautions to ensure no viruses or malware are present on our website, and the Personal Data you send to us is stored securely in our database, we can’t guarantee the efficiency of our security measures and we will not be held liable for any direct or indirect incident or consequential damages produced to you in case of a breach of the security measures we have put in place or by your use of www.tanda.digital.
No data transmission on the internet can be guaranteed as fully secure. We advise you to take your own precautions to ensure you are not exposed to any risk of viruses, malicious computer code or other form of interference which may damage your computer system or lead to loss, theft or compromise of your information and/or Personal Data. We highly recommend that you install an anti-virus software to make sure your computer and network are protected. We are not liable for any damage or loss occurring to you as a result of your use of our website.
1.9.4. Website Content Disclaimer
The content provided in all the website sections is designed to offer helpful information on the subjects discussed. The Service Provider doesn’t guarantee the accuracy or authenticity of the information provided on the website, including but not limited to the description of our services and the blog section. All the content provided on our home page, the individual service pages and all the content on our blog section is strictly for informational purposes, except for the content included in the Corporate Section and Contact Information, both found on our website’s footer. The Service Provider will not be held liable for any direct or indirect damages caused to you or to your business that result from you taking action according to the information provided on the website and we don’t guarantee you any positive results in following any advice provided by or through us.
1.9.5. As a User, you agree to assume all the risks and responsibility for using our website and agree that The Service Provider will not be held responsible for any loss or injury that results from the use of our website.
1.9.6. Earnings Disclaimer.
When the Service Provider makes reference to business or money-making opportunities, you understand and agree the following:
- a) The opportunities or the income we refer to are not guaranteed, but estimated of what we consider you can possibly achieve. The level of success depends on each individual’s background, motivation and tenacity to make the strategies we might refer to work. You understand and expressly agree NOT to hold us liable for any loss incurred to you or your business by following our strategies or tools or for any failure in getting the estimated results.
- b) Based on the fact that the opportunities or the income we refer to are not guaranteed, you understand that the level of success experienced by others and presented in testimonials or examples we use are to be considered as exceptional results and we believe they may not apply to an average client and are not intended to represent or guarantee that anyone will achieve the same or similar results.
- c) Given the fact there are some unknown business risks, you understand and agree that there is no assurance that examples of past earnings can be duplicated in the future.
- d) The use of our information, products and services should be based on your own due diligence and you agree that we are not liable for any success or failure of your business that is directly or indirectly related to the purchase and/ or use of our information, products or services.
1.9.7. Affiliate Disclaimer
Some of the links included in our content are affiliate links for which we will receive a commission if you make a purchase or sign up through the respective link. All the affiliate links on our website are for services that we have used ourselves and that we employ for our own clients. We collaborate with some of the companies advertised in order to obtain special discounts, promotions and free trials for you that you cannot obtain otherwise. Please note that we do not control whether the discounts will still be available at the time you access the links, as the third party provider can, at any time and without notice withdraw the discount.
TANDA.DIGITAL is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com. We may get commissions for purchases made through links in this post.
1.10. CONFIDENTIAL INFORMATION AND SECURITY
1.10.1. We take all the necessary security measures to protect all the Personal Data collected and stored on our website and/or database in case of hacking or other similar actions. Our website has adequate security software installed to ensure that the website is kept safe from security threats. We assure you that we will always keep our security software up to date and do our best to protect the safe operation of the website and the security of the Personal Data you submit to us. However, please note that we are not liable for any breach in our security system that doesn’t result from our fault, as long as we act with reasonable diligence in protecting your confidential information. The Service Provider will not be held liable for any direct or indirect damages resulting from security threats that bypass the security measures we have put in place.
1.10.2. a) We would like to assure you that we will take all the necessary measures and we will do our best to protect any confidential information regarding yourself or your business entity that is stored with us.
- b) We will never disclose your confidential information intentionally (except as detailed in section 2), unless you have requested us to do so or we are required to do so by law through a verifiable law enforcement agency or court order. In the latter case, we will always notify you regarding the information we need to disclose to the respective law enforcement agency.
1.10.3. You agree not to hold us liable for any loss, alteration, modification or theft of Personal Data or confidential information that results from a breach of the security systems we have put in place.
1.11. COMMENTS POLICY
Comments are welcomed and encouraged on this site and on our blog posts, but there are some instances where comments will be edited or deleted without any prior notification, the decision being left at the discretionary power of the website owner as follows:
- Comments deemed to be spam or solely promotional in nature will be deleted. Including a link to relevant content is permitted, but comments should be relevant to the post topic.
- Comments including profanity will be deleted.
- Comments containing language or concepts that could be deemed offensive will be deleted. Note this may include abusive, threatening, pornographic, offensive, misleading or libelous language.
- Comments that attack an individual directly will be deleted.
- Comments that harass other posters will be deleted. Please be respectful toward other contributors.
We reserve the right to edit or delete any comments submitted to the website without notice. This comment policy is subject to change at any time. If you have any questions on the commenting policy, please let us know at [email protected] or [email protected].
1.12. JURISDICTION, APPLICABLE LAW & DISPUTES
1.12.1. These Terms & Conditions and any Agreements between the Parties will be governed by the Laws of Romania. The Courts of Romania shall have exclusive jurisdiction over all transactions, business dealings & disputes between the Service Provider and the Client. By using this website, placing an order, or purchasing a product or service, the Client expressly agrees with this choice of jurisdiction.
1.12.2. In case of a conflict or a dispute, both the Service Provider and the Client agree to try to resolve the dispute amicably and only in case of failure will they refer it to the competent courts.
1.12.3. According to this provision, the parties agree to notify each other in writing regarding any breach of these Terms & Conditions in 2 working days from the occurrence of the conflict and will try to agree upon any actions to repair the prejudice resulting from the breach before seeking to appeal to competent courts.
1.13.1. If any provisions of this Agreement are invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that will meet the purpose of the invalid or unenforceable provision as closely as possible.
1.14. FORCE MAJEURE
1.14.1. Neither Party shall be liable for any failure to perform under this Agreement and/ or Task Order when such failure is due to causes beyond that Party’s reasonable control, including, but not limited to, acts of state or governmental authorities, acts of terrorism, natural catastrophe, fire, storm, flood, earthquakes, accident, and prolonged shortage of energy.
1.14.2. The party claiming force majeure shall notify the other party, within 3 business days of the event and take all possible measures in order to limit the consequences.
1.14.3. If the delay remains in effect for a period in excess of 10 days, The Service Provider may terminate the Order immediately upon written notice to the Client..
2. TERMS OF SERVICE FOR PLACING & RECEIVING AN ORDER
2.2. By placing an Order, the Client expressly agrees with the choice of Jurisdiction in clause 1.12.
2.3. If you are contracting with the Service Provider on behalf of any group of individuals other than yourself alone, or on behalf of a company, you guarantee that you are fully authorized to enter into an agreement on behalf of that group of individuals or company.
2.4. A written Service Agreement signed between the Parties through HelloSign.com, if it exists, will replace these Terms & Conditions in cases where there are contradictions between the two.
2.5. SCOPE OF PRODUCTS OR SERVICES
2.5.1. Products, whether physical or digital are described on the sales page where they are sold.
2.5.2. Services will be described on the sales page where they are sold and through email correspondence and Zoom conversations with the Client. Services may also involve signing a Service Agreement that will add to or complete these terms. In case of conflict between the Service Agreement and these terms, the Service Agreement will take precedence.
2.5.3. Services can be of two kinds: (a) one-time services, which are performed just once in exchange for a one-time fee OR (b) recurring services which are billed through a monthly subscription.
2.6. PAYMENT TERMS & CONDITIONS
2.6.1. In exchange for products or one-time services, the Client must complete the payment to the Service Provider through the website before the products or one-time services are delivered.
2.6.2. In exchange for recurring services, the Client must set up his subscription with the Service Provider through the website before the services will be delivered.
2.6.3. In case the payment isn’t made on time, the Service Provider will perceive delay penalties of 0.67% of the total amount owed per day of delay. In case of delay penalties, any payment from the Client will first go towards covering the delay penalties.
2.6.4. Both Parties agree to take all the necessary measures in order to solve any dispute regarding the payment amicably. The Client agrees not to initiate any chargeback for any amount already paid to the Service Provider, otherwise being bound to pay to the Service Provider a penalty of $ 5,000 USD without any need for any further legal procedures and even if an eventual chargeback process was successful. The Client also understands and agrees that a positive solution in a chargeback dispute initiated by the Client is not to be considered final or binding and that the Service Provider has the right to recover any amount due by the Client though any legal means. Furthermore, for any time involved in disputes or handling issues of late payment or lack of payment when the Service Provider is successful either in a credit card cancellation dispute, or in court, the Service Provider has the right to pursue the Client for costs incurred in terms of loss of business profits in the form of time for the Service Provider or its representatives, to be itemized by the Service Provider and billed to the Client at the hourly rate specified in clause 2.8.
2.6.5. All prices listed do NOT include EU VAT. EU-based natural persons will also be charged VAT. EU-based companies must provide a valid VAT ID and the VAT will be reverse-charged.
2.7. CANCELLATIONS & REFUNDS
2.7.1. Unless otherwise stated in the Sales Page of the Product or Service, you have the right to cancel your order as follows:
- a) Within 7 working days from the order placement, if the product is physical. In this respect, all you need to do is to send us a cancellation request by e-mail. In case you received the product, in order to obtain the refund, you have the obligation to return the product to the shipping address we will provide you and to pay any transportation costs related to the return of the product. In this case, you will receive your money back, if we get the product undamaged, within maximum 10 working days from the return of the product.
- b) If it’s a digital product (for example: an e-book, a course etc.) and you receive the product via the internet or our Learning Platform, you might only be entitled to receive your money back if you did not access and download the product by the time of your refund request. Subject to the above-mentioned requirements, you have the right to change your mind within 3 days from the receipt of the download link or Learning Platform access. We will then restrict your access to the link or Learning Platform and you will receive your money back within maximum 10 working days from the order cancellation.
- c) Within 3 business days if it’s a Service (this does not apply to renewals of an existing service, which are non-refundable). In this respect, all you need to do is to send us a cancellation request by e-mail. If your Service includes access to the Learning Platform then you can only request a cancellation and a refund within 3 business days of your order if you did NOT access our Learning Platform, viewed any of the modules, or downloaded any of the materials made available to you.
2.7.2. In order to ensure your complete satisfaction with our digital Products or Services, as they are described in the Definitions Section of this Agreement, we might offer you a 7, 30, 60, or even 90 Day Guarantees. This rule and its terms shall always be stated in the Sales Page of the Product or Service, and if it’s not, then there is no guarantee available.
2.7.3. If a refund is offered in accordance with clause 2.7.1 or 2.7.2, the Service Provider shall refund 100% of the money back, minus any expenses incurred associated with obtaining the client or delivering the services to the client & transaction costs in accordance with the rest of this agreement, which are non-refundable.
2.8. ADDITIONAL SERVICES
In addition to the services The Client may purchase through an Order on the website, additional services may be negotiated with the Service Provider through email, and if the Service Provider agrees to perform the services in question, they will be billed at the Service Provider’s hourly rate of 200 USD per hour, unless otherwise stated in a separate agreement between the Parties.
2.9. RIGHTS & OBLIGATIONS OF THE PARTIES
2.9.1 Rights & Obligations of the Service Provider
188.8.131.52 The Service Provider has the obligation to deliver on the services or products that make the object of the Order.
184.108.40.206 The Service Provider has the obligation to fully respect the terms and conditions of this Agreement.
220.127.116.11 The Service Provider has the obligation to fully respect the confidentiality clauses of this Agreement.
18.104.22.168 The Service Provider has the right to subcontract parts or the entirety of the Services to third parties without requiring the consent of the Client, in order to ensure that the projects are completed to the highest standard of quality. This may involve sharing contact information, business details, login information and passwords and other similar information that the subcontractor may need to perform its role. The Client fully accepts and agrees that the Service Provider has the right to share such information with its subcontractors.
22.214.171.124 The Service Provider has the right to terminate the Order if the Client doesn’t complete the full payment within the agreed upon timeframe or cancels their subscription. All unpaid fees are due and collectible at the time of termination.
126.96.36.199 The Service Provider has the right to terminate any recurring service provided they announce the Client via email before the next billed period.
2.9.2 Rights & Obligations of the Client
188.8.131.52 For any services purchased, the Client has the obligation to complete their Onboarding Questionnaire within 3 business days through the link here https://tanda.digital/onboarding/ thoroughly and in detail. The Service Provider is owed money and is not responsible for any services it cannot perform due to the Client not respecting this clause.
184.108.40.206 The Client has the obligation to provide the Service Provider with true and accurate information about their identity, invoice details, their business, their situation and goals.
220.127.116.11 The Client has the obligation to send to the Service Provider any details, login information, access, accounts and passwords or other key elements that the Service Provider needs to perform any Service and to update the Service Provider as soon as those details change. The Service Provider is owed money and is not responsible for any services it cannot perform due to the Client not respecting this clause.
18.104.22.168 The Client has the obligation to fully respect the terms and conditions of this Agreement.
22.214.171.124 The Client has the obligation to diligently complete thoroughly and in detail the Worksheets, exercises and Action Items that are part of the Service Provider’s Learning Platform if relevant or otherwise assigned by the Service Provider while respecting all the deadlines set by the Service Provider.
126.96.36.199 The Client MUST NOT, under any circumstance, share his login credentials to the Service Provider’s Learning Platform with any other third party. Doing so will result in a violation of the Service Provider’s intellectual property, and the Client acknowledges that the Service Provider will suffer enormous damages as a result.
188.8.131.52 This clause applies to the authorization of repeated credit or debit card payments for recurring services. The Client has the right to cancel their Order within 3 business days from the date of purchase by emailing the Service Provider about this intention within the aforementioned timeframe and in accordance with clause 2.7.1. c). Notice of cancellation sent after this deadline may be deemed invalid for the current billing cycle at the sole discretion of the Service Provider.
184.108.40.206 The Client has the right to receive the services and/or products that make the object of their Order.
220.127.116.11 The Client has the right to receive the login details he needs to access the Service Provider’s Learning Platform and get access to the video-training materials there if this is an object of their Order.
18.104.22.168 The Client has the right to request the cancellation of a subscription for a recurring service in accordance with clause 2.10.2. Once the payment is made, it becomes non-refundable.
2.10. DURATION AND TERMINATION OF THE ORDER
2.10.1. Upon placement of an Order for a Product or one-time Service, the Order will remain active until the successful delivery of the Product or Service. No party has the right to unilaterally terminate the order before then with the exception mentioned in other parts of this agreement.
2.10.2. Upon the placement of an Order for a recurring service, the Order will continue indefinitely until the Client cancels their subscription or the Order is terminated based on other clauses mentioned in this Agreement. The Client has the right to terminate his order at any point before their upcoming subscription payment by notifying the Service Provider through email or through the Service Provider’s Contact Form at least 24 hours before their next billing cycle.
2.10.3. Under no cases will the Service Provider offer refunds for the termination of the Order.
2.11. OWNERSHIP OF MATERIALS & INTELLECTUAL PROPERTY RIGHTS
2.11.1 The Service Provider will retain all creative rights for all original materials, data, or other items or products produced for the Client or transferred to the Client towards the fulfillment of the services requested. All software and other digital or electronic products used by the Service Provider to fulfill its services are the sole property of the Service Provider and the Client agrees that it will not request any interest or rights to the title of such materials. The Client further acknowledges that the Service Provider may buy and modify existing products, materials, data or other items to fulfill its services, and the Client holds no rights to such materials.
2.11.2 FOR PHYSICAL & DIGITAL PRODUCTS, EXCLUDING SERVICES: The Service Provider grants the Client a limited, non-transferable, nonexclusive license to use and store just for its own use and for non-commercial purposes any PDFs, Word Documents, PowerPoint/Keynote Templates involved.
2.11.3 If the Client shares, resells or modifies for commercial purposes or makes available to anyone else any material put at his or her disposal by the Service Provider this will be a breach of the Agreement and the Service Provider’s intellectual property and the Client will be liable to pay the Service Provider damages and the Service Provider has the right to terminate the Order.
2.11.4 If the Client requests a chargeback on any payment that has already been made to the Service Provider or otherwise fails to pay its dues to the Service Provider, the Client forfeits the right to use any and all original intellectual property created by the Service Provider for the Client as per clause 2.11.2. These rights will return to the Client only if and when the full payment is made to the Service Provider.
2.12.1. Unless otherwise stated in this agreement, all information in this Agreement, any personal data, information exchanged between the two Parties or resulting from the execution of this Agreement is considered confidential and proprietary (the “Confidential Information”). Unless otherwise stated in this agreement, the Parties hereby agree that for an unlimited period of time, and except as specifically permitted herein or in a separate written agreement signed by the Parties, the Parties, their employees, subsidiaries, affiliates, agents, subcontractors, employees and assigns, shall make no disclosure of any Confidential Information without the express written consent of the other Party. Neither party shall use, commercialize or disclose Confidential Information to any person or entity.
2.12.2. Nothing in this agreement shall limit the receiving party’s use of information that does not qualify as confidential. Confidential Information does NOT include: a) information that is or becomes publicly known without restriction and without breach of this Agreement; b) information the other party lawfully receives from a third party without restriction on disclosure and without breach of a nondisclosure obligation; c) information the receiving party rightfully knew prior to receiving such information from the disclosing party to the extent such knowledge was not subject to restrictions on further disclosure; d) information the receiving party develops independent of any information originating from the disclosing party; e) information that the receiving party is required by applicable law, rule, regulation or lawful order or ruling of any court, government agency or regulatory commission with the condition of providing to the disclosing Party prompt notice of such request(s).
2.12.3. Failing to respect the above-mentioned sections represents a breach of the present Agreement and the breaching party acknowledges that the Confidential Information exchanged is valuable and unique and that disclosure in breach of this Agreement will result in irreparable injury to the adversely affected Party, for which monetary damages, on their own, would be inadequate. Accordingly, the Parties agree the adversely affected Party shall have the right to seek an immediate injunction enjoining any such breach or threatened breach of the Agreement.
2.13. LIMITED WARRANTIES and LIMITATION OF LIABILITY
2.13.1. The Service Provider shall not be held liable for any incidental, consequential, indirect or special damages, or for any loss of profits, loss of business opportunities, loss of goodwill, loss of reputation or business interruptions caused or alleged to have been caused by the performance or nonperformance of the Services or by the actions of any of its subcontractors or employees. The Client agrees that, in the event the Service Provider is determined to be liable for any such loss, Client’s sole remedy against The Service Provider is limited to $1,000 USD.
2.13.2. The Service Provider does not warrant or guarantee any specific level of performance or results for the Client. Example of results obtained by the Service Provider for other clients may be used as a marketing tool and shown to Client for demonstrative purposes only and should not be construed by Client as indicating any promised results or level of results
2.13.3. The Service Provider is not responsible for errors which result from faulty or incomplete information supplied by The Client.
2.13.4. The Service Provider shall not be liable to Client for any costs, damages or delays due to causes beyond its control.
2.13.5. If the Service Provider manages any of the Client’s social media accounts/profiles, email accounts, or the Service Provider’s services involve access to such accounts, the Service Provider will not be liable for any damage that may result from the way the accounts are managed or access to the accounts, including loss of reputation, incidental, indirect, or special damages or account suspension/termination, or, in the case of email accounts domains and/or email accounts getting blacklisted. The Service Provider is also not responsible for any emails and/or messages sent from the Client’s accounts, provided that the Client has agreed to the email content or message content.
2.13.6. The Service Provider does not warrant or guarantee any specific level of performance or results for the Client and is not going to be held liable for any losses that occur to the Client or its business as a result of the services or products delivered, including but not limited to loss of profits, loss of business opportunities, or loss of goodwill. Example of results obtained by the Service Provider for other clients may be used as a marketing tool and shown to Client for demonstrative purposes only and should not be construed by Client as indicating any promised results or level of results.
2.14. RIGHT TO IDENTIFY THE CLIENT BY THE SERVICE PROVIDER
2.14.1. The Service Provider has the right to identify the Client as the recipient of any services provided and to use the Client’s logo, company name, brand name, website address, business results obtained, progress made, any personal photography available on the Client’s social media profiles at any point in time and the Client’s full name on any of the Service Provider’s promotional materials. The Client expressly agrees to allow the Service Provider to use all of the above materials for promotional purposes.
2.14.2. The Client expressly agrees by placing his Order that the Service Provider has the right to use, edit for clarity and display in his promotional or public materials any results and progress the Client obtained as a consequence of their collaboration including feedback delivered through video or audio calls, weekly reviews delivered through the Learning Platform, relevant feedback from Slack, email and other communication channels or other material indicating the Client’s satisfaction.
2.14.3. If the Client wishes specific material to be excluded from release by clauses 2.14.1 and/or 2.14.2, or otherwise to limit the duration of such release, the Client and the Service Provider must agree in writing to such conditions.
2.15.1. Email communication from the Client to the Service Provider shall occur to the following address: [email protected]
2.15.2. For certain services, the Service Provider may create a Slack communication Workspace to communicate and pass information to the client.
2.15.3. If the Client has purchased a Service that involves access to the Service Provider and wishes to discuss by phone, Zoom, Skype, or WhatsApp, the Client should email the Service Provider and schedule a mutually convenient time.
2.15.4. The Service Provider’s office hours are 9:00-17:00 in Romania’s time zone, and the Client is aware that the Service Provider typically replies to email within 24-48 hours excluding weekends and Romanian public holidays when the Service Provider won’t be replying.
2.16. AGENCY ASCENDANCY GROUP™ PURCHASES
2.16.1. The present section describes the special conditions applicable to the acquisition of the Agency Ascendancy Group™ Membership (or “AAG”). When there is a discrepancy between the present section and other sections of the present Agreement, the provisions of the present section shall prevail, otherwise, this chapter being completed with the clauses of the entire document.
2.16.2. The details about the AAG, terms of purchase and special guarantee are described in the specific Sales Page. All prices listed do NOT include EU VAT. EU-based natural persons will also be charged VAT. EU-based companies must provide a valid VAT ID and the VAT will be reverse-charged.
2.16.3. AAG presumes at least 12-months contractual commitment period, and it can be acquired through several payment options: (i) by monthly payment; (ii) by annual payment; (iii) by lifetime payment. In every case, the Client has the obligation to provide valid and accurate information about his payment details, including an active debit or credit card. No matter the payment-option chosen, there is no refund policy applicable.
2.16.4. When the Client chooses to acquire AAG by monthly payment, the agreement will be in force for a period of 12 months and the Client doesn’t have the right to terminate the agreement before the completion of this term except as detailed under in 2.16.6 below. In this respect, a monthly subscription will be created. The payment for each month will be made in an automated way by setting up a flat monthly subscription on the date of the purchase. The Client must ensure sufficient funds for the automated payment. If payment fails, the Service Provider will offer the Client a grace period of 5 days to complete the payment. Afterwards, service suspension may occur until payment is resolved. If the Client delays with more than 15 days a monthly payment, the Service Provider has the right to consider the agreement terminated, and the Client will have the obligation to pay the Service Provider an amount equal to the total sum of the remaining months of the 12-month subscription, immediately and without any need for any further legal procedure. In case the Client doesn’t comply with this obligation, the Service Provider will adopt all the necessary measures to recover the amount due, in which case the Client will have the obligation to cover all the costs incurred to the Service Provider by such measures (including loss of profit, legal costs etc.) together with delay penalties of 1% per day of delay.
2.16.5. In case of a subscription paid annually, the Client has the obligation to inform the Service Provider about his intention not to extend the subscription at least 30 days before the expiration of the 12 months period or set it to cancel themselves from their account otherwise, the subscription is considered tacitly extended for a period equal to the initial one.
2.16.6. A special guarantee is applicable to the paid monthly option. The Client has the right to cancel his subscription exclusively within 30 days from its commencement. No refunds will be issued for the initial 30 days. After the 30-days period, no cancellation will be possible until 12 months have elapsed.
2.16.7. The Service Provider’s right of termination
The Service Provider has the right to terminate the agreement immediately and, in all cases where the Client, regardless of the chosen payment option:
- Acts in a disrespectful manner towards the other members of the AAG Community, including during the coaching sessions;
- The Client harms the Service Provider’s image, directly or indirectly, by any means.
In case of such a termination, the provisions of art. 2.16.4. shall apply in case of a monthly subscription.
3.2. The Service Provider grants the Client a limited, non-transferable, nonexclusive license to use and store just for its own use and for non-commercial purposes the following: training materials and worksheets made available through the Service Provider’s Learning Platform under the “Assignment” or “Downloads” sections.
3.3. The Client may NOT under any circumstances download or attempt to download the video and audio training materials including their transcript which will only be accessed through the Service Provider’s Learning Platform. If such action is detected by the Service Provider this will lead to the Termination of the Order and the Service Provider has the right to request damages for violation of its intellectual property rights.
3.4. The Client MUST NOT, under any circumstance, share his login credentials to the Service Provider’s Learning Platform with any other third party. Doing so will result in a violation of the Service Provider’s intellectual property, and the Client acknowledges that the Service Provider will suffer enormous damages as a result.
3.5. If the Client shares, resells or modifies for commercial purposes or makes available to anyone else any material put at his or her disposal by the Service Provider through the Learning Platform this will be a breach of the Agreement and the Service Provider’s intellectual property and the Client will be liable to pay the Service Provider damages and the Service Provider has the right to stop the Client’s access to the Learning Platform without further notice.
3.6. If the Client requests a chargeback on any payment that has already been made or cancels an ongoing subscription through which they had received access to the Learning Platform or otherwise fails to pay its dues to the Service Provider, the Client forfeits the right to use any and all original intellectual property provided by the Service Provider for the Client as per 3.2 and access to the Service Provider’s Learning Platform will be stopped. These rights will return to the Client only if and when the full payment is made to the Service Provider.
4. TERMS & CONDITIONS OF THE SERVICE PROVIDER’S PARTNERSHIP PROGRAM
4.1. By requesting to join the Service Provider’s Partnership Program the User must also agree to the Partnership Agreement. The Partnership Agreement enters into effect once the Service Provider approves the User’s request to join the Partnership Program.
5. FINAL PROVISIONS
5.1. The Service Provider reserves the right to immediately suspend or terminate your account or suspend your use of our website without any prior notice in case of any breach of these Terms and Conditions and you are liable for any injury occurring to us and resulting from your misuse of the Website.