Terms and Conditions
1. SCOPE
The Client will receive access to live programs and events at no additional charge. The Coach works in EST hours, the Client will receive a response to direct messages via slack within up to 48 hours of receipt. The Coach may schedule (3 week) vacation per 3 month period where they will not be available on voxer, slack or for any calls.
If you opt for an extended payment plan, your weekly coaching sessions will not begin until time period where your coaching and your payment plan ends on the same month
*Please note 1:1 calls can only be rescheduled a max of 2 times. After rescheduling your calls more than 2 times over a 3 month period, the call for the month will be forfeited.
If you don’t show up for your call, you forfeit the session.
Private coaching calls do not roll over each month. Any unused private coaching calls remaining at the end of the month will be forfeited.
*Flexible resources are subject to change based on availability, engagement, and other
factors.
2.OUR RELATIONSHIP
(a) Let’s Do This. You are officially considered a client of Finance Media Collective LLC when we have received a paid invoice. First month’s payment of your selected Package is required in order to reserve our services and your desired date. Following completion of these two items, we will make the arrangements necessary to begin rendering services on your desired start date and to schedule our first Strategy Session.
(b) Onboarding Session. During this initial session we will meet via Zoom (or other conferencing software) to discuss your business’ current status, software and tools you’re currently implementing, marketing strategy & goals, specific timeline/schedule, and any other details you believe we need to be aware of. We will also inform you of any information we need collected in order for us to begin the relationship.
(c) Client Information. We value and respect your trust and confidentiality. Any and all Client information shared by the Client and data of a confidential nature, including but not limited to any and all passwords, design, creative, marketing, sales, operating, performance, know how, business and process information (“Confidential Information”), shall be treated by Company in the strictest confidence and not disclosed to third parties or used by Company for any purpose other than for providing Client with the services specified here without Client’s express written consent, other than to comply with law. Confidential Information shall not include any information which (i) becomes available to the public through no breach of confidentiality by Company, (ii) was in Company’s possession prior to receipt from the disclosure, (iii) is received by Company independently from a third party free to disclose such information, or (iv) is independently developed by Company without use of the Client’s Confidential Information.
(d) Company Information. Client agrees to keep confidential any Confidential Information, as defined in Section 2(c), shared by the Company. Any Confidential Information shared by Company, its employees, or contractors is confidential, proprietary, and belongs solely and exclusively to Company. Client agrees not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions or otherwise. Client agrees not to use such Confidential Information in any manner other than in discussion with Company representatives during the term of this Agreement. Confidential Information shall not include information rightfully obtained from a third party. Client will keep Company’s Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, loss and theft.
(e) Non-Disparagement. Client shall, during and after the participation in the Services, refrain from making any statements or comments of a defamatory or disparaging nature to any third-party regarding Company, or any of Company’s officers, directors, employees, personnel, agents, policies, services or products, other than to comply with law. This provision in no way restricts a Client’s ability to communicate reviews or performance assessments about Company’s goods or services.
(f) Violations of Confidentiality. Client agrees that if Client violates or displays any likelihood of violating this Section 2 the Company will be entitled to injunctive relief to prohibit any such confidentiality violations to protect against the harm of such violations.
(g) Term & Termination. This Agreement may be terminated at any time for any reason by providing 30-days written notice to the other party. The Service Provider holds the right to terminate the contract with 14 days notice should the Client show non-cooperation with Company's communication channels and information requests. The Client's invoice will still be due for the month of termination, but will be released beginning the 1st of the month to follow. There are no pauses in service. If a pause is requested, the contract will be terminated and payment will still be due during the month of termination.
(h) Marketing + Portfolio. The Service Provider has the right to share any communicated results & reviews for their marketing campaigns and client portfolio. This includes adding results & reviews to websites, sales pages, and content pieces.
(i) Dissatisfied Service.Finance Media Collective prides themselves on their unique client experience, and have not yet received poor reviews. It is imperative that any dissatisfaction in service is communicated honestly and promptly to allow Service Provider a chance to exceed Client expectations! Defamation of any kind is prohibited. Feedback is not grounds for termination. The Client understands that providing constructive feedback is a part of the Client to Service Provider relationship. Early termination without grounds is subject to a fee of 25% of the remaining contract amount. If the client wants to upgrade their services, they can do so on a monthly basis, there are no downgrade service options available unless otherwise indicated. Any unpaid fees due to the service provider will be sent to collections.
For purposes of this Agreement, written notice may be provided via e-mail at the following e-mail address: team@fmcbyro.com and to Client at the email address provided at the time of signature.
(a) Payment Method. Payment is processed electronically via Stripe and remaining payments will be auto-charged to the card held on file. Any issues with payment should be communicated to the Company via e-mail immediately
If payment is not received by the due date, you will have a seven (7) day grace period to make the payment, otherwise the Program will not continue and the Company reserves the right to terminate your access to the Program and all Content, as defined below, immediately and permanently.
If you fail to make any payment in a timely manner or voluntarily withdraw from the Program at any time or for any reason, you will remain fully responsible for the full cost of the Program and all payments in any payment plan you have chosen. The Company reserves the right to charge a late fee on all balances more than thirty (30) days overdue. You agree to reimburse the Company for all collection and/or legal fees and expenses necessitated by lateness or default in payment.
(b) Refund Policy. Client understands that due to the nature of the services provided, no refunds can be made. Should Client have concerns about the fees assessed, Client agrees to communicate with Company directly in order to address any issues. Client agrees to not request charge-backs or initiate payment disputes through Client’s banking institution
Because of the extensive time, effort, preparation, and care that goes into creating and providing the Program the Company has a no refund policy.
Since the Company has a clear and explicit refund policy in these Terms & Conditions that you have agreed to prior to completing the purchase of the Program, the Company does not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. If a chargeback is placed on a purchase or the Company receives a chargeback threat during or after your purchase, the Company reserves the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
(c) Continuity. During the rendering of the above-described services, services may not be “paused” or placed on hold. Likewise, cancellation during the initial service-rendering is not permitted; should Client decide to no longer work together, Client is still liable for the full amount of the contract.
(d) Modifications. This Agreement may be amended from time to time by mutual consent. Any amendments to this Agreement must be in writing and signed by both parties.
Pricing provided in this Agreement is based on the project discussed and agreed to. If you decide you would like to add additional accounts, support, and/or services, we will do our best to accommodate. A new rate will be provided, and you will receive an updated invoice. These modifications must be agreed to by both parties prior to moving forward with the project. Any such modifications will be taken as part of this original Agreement, not as a new and separate stand-alone agreement.
If the nature or functions of the relationship change significantly due to requested modifications, the Company reserves the right to deem the current relationship terminated. At that point, Client will pay Company in full for the work completed and may commission Company to begin the new project based on the new requirements. This will require a new quote and contract at that time.
6.COMMUNICATION
Communication in our relationship is of the utmost importance. When your Service Provider starts, it is vital for both parties to stay in contact and respond to emails promptly (within 24-48 hours). All communication will take place via e-mail or voxer. If there will be a time that either the Client or Company will be unavailable (vacation, illness, etc.), that needs to be communicated and a check-in date established.
(a) Lack of Communication. Any communication/feedback delays that last more than 7 days will add a “holding fee" of $100 per week to Client’s invoice. If Client does not respond or communicate within 21 days, the relationship will be suspended, and there will be a $250 restart fee to resume the work. Rescheduling and payment of these fees will be required for work to pick up again and will be based on the Company's availability. All open invoices will stand as is at that time.
(b) Let’s Chat: The best way to reach us is via e-mail or through the voxer app.
Our contact info is as follows:
E-mail: Team@fmcbyro.com
Social media should not be considered a reliable form of communication for purposes of this Agreement.
(c) Hours of Operation: Company operates from 9:00am to 5:00pm EST, Monday through Friday. E-mails and voxer messages are welcomed during these hours. Communications received outside of business hours will be acknowledged as soon as the next business day. The Service Provider will check Voxer and Email messages a minimum of once per day to ensure consistent communication. Exceptions may be made at the discretion of
Company in unique or emergency situations.
7.TECHNICAL SUPPORT
(a) Delivery of Digital Data. Deliverables will be made available to Client via e-mail and/or the email software
8.COPYRIGHT OWNERSHIP
(a) Written & Visual Content. Company expressly grants a commercial license to Client in the use of all content created by Company under the Agreement.
(b) License to Client. As our client, you are provided a commercial license in the use of the content (both written & visual) produced during our work together. As our Client, you have a license to:
Use the content for as long as you’d like, wherever you’d like, and whenever you’d like, for a period of twelve (12) months following the expiration/termination of our relationship, so long as it is within the context of the commercial business and services at hand. Reproduce the content for purposes of marketing within the same company and for identical services listed in this Agreement.
(c) Limitations on Usage. As indicated, the license provided to you, while vast, does come with some limitations:
Client cannot sell or sub-license produced content to a third party (i.e., selling content to another entity, allowing another entity to use the produced content, regardless of monies exchanged, to permit others to use content for commercial purposes, or directly profit from the content in any way outside of the business the content was produced for originally).Client cannot use produced content to promote different products/services they sell in a different business. Client may not allow others to do the same. Client cannot imply anyone other than Company or Client produced the content. Client cannot use the content in an illegal manner. Client cannot use the content to slander or otherwise damage Company, its founder(s), or its representatives personally.
9.MISCELLANEOUS
(a) Transferability. Client cannot transfer this contract to any other entity or individual. Any potential transfer may only take place with the written permission of Company.
(b) Client Features. Company may decide to feature Client on its website, social media channels, etc. Client agrees to allow Company to share its likeness and general success, unless otherwise agreed to by the Client. Company agrees to maintain the confidentiality of any and all confidential information and to provide Client with a preview of the content prior to publication. Company agrees to provide a link to Client’s business website in the event that Client’s business is featured.
(c) Recordings. From time to time, we may refer back to our conversations to make sure that we’re on the right track. Client agrees and consents to the recording of any meetings/conversations which take place as part of this Agreement. Company reserves all rights in any and all recordings.
10.LIABILITY & PERFORMANCE
(a) Company cannot guarantee or provide any warranty, express or implied, with regards to any specific results or outcome. Examples of results obtained for other clients of Company may be used for demonstrative purposes only and should not be understood as a promise of future or potential results.
If Client does not make payment as outlined in this contract, then Company is released from any further responsibility, and will keep any past payment that has been made.
(b) Compliance. It is possible that website administrators (Pinterest, Facebook, Kajabi, ConvertKit, etc.) may terminate Client's account due to noncompliance, whether due to a change in their terms and conditions or due to use of or activity associated with Client's advertising account, by the Client or at Client's direction, that is noncompliant with the website’s terms and conditions. Client understands that under their terms of service, most platforms reserve the right to arbitrarily terminate an account without prior notice and without providing a specific reason.
Client agrees to hold Company harmless in the event of Client's account being terminated. In the event that this happens, Client agrees to attempt to re-activate the account or to set up a new account and to allow the Company to continue its work under this Agreement. An additional fee may be determined at that time in the event that a complete set-up is necessary. Company agrees to cooperate and reasonably assist to the best of its ability in getting such account reactivated or a new account set up, but Company provides no guarantees that such efforts will be successful. If Client is not able to get its account reactivated or a new account set up or chooses not to do so, Client agrees to indemnify Company and not hold Company liable for any losses Client may suffer as a result.
To the extent allowed by law, Client agrees to hold Company harmless from any and all liability, damage, cost, and/or expense arising from claims of injury to individuals or damage to property caused by our conduct arising from the terms of this Agreement. This “hold harmless” provision will not apply if injury or damage is caused by Company’s willful misconduct or gross negligence.
We take great care when creating content and campaigns as well as when implementing, managing, and transporting deliverables/digital data. In the event that we cannot meet the terms of this Agreement due to accident, error, negligence, or any other circumstance, then our liability will be limited to the amount of money that you have paid us.
(c) Company’s Warranties. Company represents, warrants, and covenants that, Company has full authority to enter into this Agreement and all of the Services, whether performed by Company or any of its subcontractors, will be rendered using sound, professional practices and in a competent and professional manner by knowledgeable and qualified personnel.
(d) Client’s Warranties. Client represents, warrants, and covenants that Client has full authority to enter into this Agreement and has or will obtain all of the necessary consents, rights, licenses, clearances, releases or other permissions to lawfully consummate the transactions and lawfully discharge, in all material respects, each and every of Client’s obligations or duties, whether performance is due now or during the Term.
(e) Except for the express warranties provided throughout these terms, neither party makes any other warranties, express or implied.
11. Username and Password
To access certain features of the Program, including any private online portals, you may need a username and password. It is your responsibility to inform the Company before the Program start date if you do not receive an email containing your password to access the Program. You agree to keep your username and password confidential. During the registration process for any service or product, you agree to provide true, accurate, current, and complete information about yourself. If the Company has reasonable grounds to suspect that you have provided false information, shared your username and password with anyone else, or forwarded any non-public material from the Program to any other person, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Program or any Content, in whole or part, without refund.
13. PROVISIONS
You understand that under law, signatures transmitted digitally and created electronically via touchscreen or computer mouse shall have the same force and binding effect as an original handwritten signature in ink.
This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all the parties.
No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision. No waiver shall be binding unless executed in writing by the party making the waiver.
12.GOVERNING LAW
The laws of the state of Florida will govern the validity, construction, and performance of this contract. Any actions relating to this contract will be handled in courts serving Brevard County, Florida.
In the event of a dispute, the first course of action to be sought by either party, after making a good-faith and reasonable effort attempting to resolve the matter amicably, shall be mediation with a mutually agreed upon mediator. Parties shall share in the costs of mediation.
Wherever possible, each provision of this contract will be interpreted so that it is valid under applicable law. If any provision is held illegal or unenforceable, that provision will be reformed to the extent necessary to make the provision legal and enforceable. All remaining provisions will remain unaffected and will continue in full force and effect.
13.LET’S DO THIS
Whew! Almost there.
The parties have executed this Agreement on the date stated below. Your initial payment constitutes our Agreement.
By checking the terms and conditions checkbox, the client agrees to the terms and conditions of this contract.
Force Majeure
The Company shall not be deemed in breach of these Terms & Conditions if the Company is unable to complete all of the Program or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, epidemic, pandemic, death, illness or incapacity of the Company or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Company’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, the Company shall give notice to Client of its inability to perform or of delay in completing the Program and shall propose revisions to the schedule for completion of the Program or other accommodations.
