TERMS OF PURCHASE
Last updated on March 19, 2020 (the “Effective Date”)
TERMS OF PURCHASE
PLEASE READ THESE TERMS OF PURCHASE CAREFULLY BEFORE BUYING ANYTHING ON THIS WEBSITE.
This agreement is between you (The “Client”) and your S.T.R.I.D.E Investments Ltd., ioffersolutions Real Estate Services Inc., John Anthony McCabe (The “Consultant”) as a participant in Training, Coaching and Consulting Program.
1.0 Spirit of Agreement
As a client of ours, it’s important that we have your commitment and dedication to the program so we can help you achieve your goals, needs, and expectations! Please take note of the following standards and ensure your commitment to their execution:
Company Commitment. The Company will provide a number of services which include, but are not limited to, Real Estate Investing, Rent To Own, professional strategic marketing advice and coaching that is a professional-client relationship designed to facilitate the creation and development of personal, professional or business goals and to develop and carry out a strategy/plan for moving towards those goals.
Advisory. Our Program services are advisory. The client bears sole responsibility for the use and implementation of these services in your business. The client agrees to forever indemnify and hold harmless your Strategist from and against any loss, cost or expense resulting from your activities related to the Program. If appropriate, The client will seek independent professional guidance and The client understands that all decisions and actions in these areas are your sole responsibility.
Scheduling. Coaching appointments can be re-scheduled with a minimum of 96 hours' advanced notice. Otherwise, the appointment will be forfeited. From time to time, your strategist may need to take time away to observe holidays, take vacations, attend company events, etc. When this occurs, the client will either enjoy a period without goals (no refunds will be given) or re-schedule additional coaching appointments before or after the time away. The Session may be refused if payment has not been made as required by this Agreement.
Distress. In the event of the client choosing to feel mental, physical or emotional distress (or related ailment or condition) which the client believes to be related either directly or indirectly to the Strategy Sessions, the client will not hold the Company liable for any loss or cost incurred by the client (or any person related to you). The client will indemnify the Company in the event of any such claim.
2.0 Mutual Cooperation
We agree to use our best efforts to fulfil and exceed your expectation on the deliverables listed above. The client agrees to aid us in doing so by making available to us needed information pertaining to the client website, the client offers, the client content and other tools we may need and to cooperate with us in expediting the work.
3.0 Terms of Payment
3.1 Billing Schedule
We’re sure you understand how important it is that you pay the invoices that we send you promptly. We’re also sure you’ll want to maintain a positive working relationship and keep the project moving forward, so you agree to stick tight to the payment schedule.
3.2 Client Agreement to Pay
The client agrees to pay every invoice upon receipt which will act as payment for the project. Projects will not be started until the invoice is paid. In the event payment is not made within fourteen (14) days, (The “Consultant”) will charge a late payment fee of 1% per month on any overdue and unpaid balance not in dispute, to cover the manpower, interest, and other costs (The “Consultant”) pays for carrying overdue invoices from the client. In addition, (The “Consultant”) reserves the right to stop work until payment is received. This includes shutting down web pages, hosting and Agile CRM campaigns that we've built for you.
3.3 Collection Costs
In the event that we incur legal fees, costs and disbursements in an effort to collect our invoices, in addition to interest on the unpaid balance, you agree to reimburse us for these expenses.
3.4 “OFFERS” Given at Point of Sale
“OFFERS” refers to any sales or promotions (The “Consultant”) used to get customers to “BUY NOW”. Either via the affiliated websites, phone or in person.
3.5 Cancelling or requesting Refund on an “OFFER” containing “FREE ACCESS”
When an “OFFER” contains “FREE ACCESS” to, including but not limited to; membership sites, portals, events, and (The “Client”) cancels their purchase or requests a refund within the first 30 Days of purchase, the “FREE ACCESS” becomes null and void and no longer part of the “OFFER”. Access is immediately revoked and RETROACTIVELY CHARGED to (The “Client”) at a rate equivalent to the value assigned to the OFFER.
4.0 Cancellation of Plans
The client has the right to modify, reject, cancel or stop any and all plans or work in process. However, the client agrees to reimburse us for all costs and expenses we incurred prior to your change in instructions, and which relate to non-cancellable commitments, and to defend, indemnify and hold us harmless for any liability relating to such action. We agree to use our best efforts to minimize such costs and expenses.
5.0 Responsibilities
5.1 Responsibility for Releases
We shall obtain releases, licenses, permits or other authorization to use testimonials, copyrighted materials, photographs, artwork or any other property or rights belonging to third parties obtained by us for use in performing services for you (If applicable).
5.2 Client Responsibility for Releases
The client guarantees that all elements of text, images, or other artwork provided are either owned by the client or that they have permission to use them. Copyright will be automatically assigned as follows:
5.3 Client Responsibility for Accuracy
The client shall be responsible for the accuracy, completeness and propriety of information concerning your products and services which the client furnishes to us verbally or in writing in connection with the performance of this Agreement.
6.0 Confidentiality
(The “Consultant”) acknowledges its responsibility, both during and after the term of its appointment, to use all reasonable efforts to preserve the confidentiality of any proprietary or confidential information or data developed by us on behalf of the client or disclosed by the client to (The “Consultant”).
7.0 Term and Termination
7.1 Period of Agreement and Notice of Termination
This Agreement shall become effective as date of purchase of any products and services and shall continue until the project is signed off as complete and paid in full by the client. Either party can terminate the agreement provided a notice period of 60 days is given.
7.2 Termination for Cause
Either party to this Agreement may terminate the Agreement if the other party defaults in the performance of any of its material duties and obligations and the default is not cured within thirty (30) days of the receipt of notice of said default, or if the default is not reasonably curable within said period of time, unless the defaulting party commences cure within said period of time and diligently proceeds to cure the default.
In addition, either party may immediately terminate this Agreement by giving written notice to the other party if the other party is insolvent or has a petition brought by or against it under the insolvency laws of any jurisdiction, if the other party makes an assignment for the benefit of creditors, if a trustee, or similar agent is appointed with respect to any property or business of the other party, or in the case of the Client, if the Client materially breaches its obligations to make payment pursuant to this Agreement.
7.3 Payment for Non-Cancellable Materials
Any non-Cancellable materials, services, etc., we have properly committed ourselves to purchase for your account, (either specifically or as part of a plan such as modules, photography, graphic design, web design, and/or external services) shall be paid for by you, in accordance with the provisions of this Agreement. We agree to use our best efforts to minimize such liabilities immediately upon written notification from you. We will provide written proof, upon request of the client, that any such materials and services are non-cancellable.
7.4 Materials Unpaid For
If upon termination, there exist any materials furnished by us or any services performed by us for which you have not paid us in full, until such time as you have paid us in full, you agree not to use any such materials, in whole or in part, or the product of such services.
7.5 Transfer of Materials
Upon termination of this agreement, provided that there is no outstanding indebtedness, then owing by shall transfer, assign and make available to the client all property and materials in its possession or control belonging to the client who agrees to pay for all costs associated with the transfer of materials.
8.0 Returns
8.1 Digital Products
Customers will receive a full refund for ONLINE VIDEO COURSES accessed online in a secure member's area and purchased directly from (The Consultant) if returned within 30 days of the date of purchase. To obtain a refund, the customer will be required to supply their order and online receipt to customer service. Digital products which are purchased and are downloadable only, such as pdf documents or eBooks, are not eligible for return.
8.2 Private Client / Coaching / Consulting
There are no returns on private client coaching sessions that have already been held and/or paid for, nor is there a refund or the ability to make a claim against consulting work that has already been completed and/or paid for. Any deposit paid on consulting work is deemed NON REFUNDABLE immediately upon the client submitting payment, provided "The Consultant" has started the project and can produce ANY "Proof of Work". "Proof of Work" is defined by "The Consultant" and can be anything including, but not limited to, notes, meetings, design work, consultations, strategies, working on web pages/funnels, email sequences, membership areas, integrations, copywriting etc.
It is the client's responsibility to review the work fully prior to making the final payment. By making the final payment, you agree that the work was completed to your satisfaction. Refer to section 7 if you wish to terminate the agreement for any reason.
If upon terminating, your Private Client, Coaching or Consulting Session within 30 days of purchase and you have not scheduled your session with “The Consultant”, or it is scheduled 60 days AFTER your date of termination, you will be eligible for a refund less charges calculated from Section 3.5.
9.0 General Provisions
9.1 Governing Law
This Agreement shall be governed and construed in accordance with the laws of the Province of Alberta, Canada.
9.2 Representations and Warranties
The parties each individually represent and warrant that each has full power and authority to enter into this Agreement and to perform all of their obligations hereunder without violating the legal or equitable rights of any third party.
9.3 Entire Agreement
Except as otherwise set forth or referred to in this Agreement, this Agreement constitutes the sole and entire Agreement and understanding between the parties hereto as to the subject matter hereof, and supersedes all prior discussions, agreements and understandings of every kind and nature between them as to such subject matter.
9.4 Severability
If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severable. In such instance, this Agreement will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement will remain in full force and effect.
10.0 GST Specification Clause
10.1 For the purposes of this Clause the following expressions shall have the following meanings:
10.1 a) GST - means any tax imposed on the supply of goods or services which is imposed or assessed under Excise Tax Act (R.S.C., 1985, c. E-15)
10.2 If this Agreement or any supply under or in respect of this Agreement becomes subject to GST, and if the recipient of the consideration is liable to GST in relation to any supply under this Agreement, the parties agree that the amount payable for any supply under or in respect of this Agreement by any party shall be adjusted by the amount of the GST.
10.3 Each party agrees to do all things, including providing invoices or other documentation in such form and detail that may be necessary to enable or assist the other party/ies to claim or verify any input tax credit, set off, rebate or refund in relation to any GST payable under this Agreement or in respect of any supply under this Agreement.
10.4 As required by any applicable legislation, where identifiable cost savings are realized by virtue of the enactment of the GST Law, those cost savings will be reflected in the calculations of the consideration under this Agreement
Copyright © 2019 John A McCabe, ioffersolutions Real Estate Services Inc. – Suite 126, 9768 170 Street, Edmonton, Ab Canada – (780) 242-6348
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