Kjøpsbetingelser
**Terms & Conditions**
These Terms and Conditions govern the relationship between GrowthMentors AB ("We", "Us", "Our") and you ("Client", "You"), defining the services provided and our mutual obligations. By engaging our services, you acknowledge and agree to these terms.
**RECITATIONS**
WHEREAS, Company has extensive expertise, education, skill, training, business connections, and experience in marketing & sales training, marketing & sales team building, and recruitment for coaches, consultants, and agencies. (collectively, “Services”);
WHEREAS, Company has created and owns the rights to intellectual property, including without limitation, trade secrets and proprietary systems, methods, techniques, classes, tutorials, instruction, courses, and materials for marketing, consulting, business coaching, sales development, and materials for Services (collectively, “Proprietary Information”);
WHEREAS, Company offers Services and marketing, image, consulting, coaching, and sales development of various businesses in several industries, which include utilizing the Proprietary Information;
WHEREAS, as such, Client desires to engage Company to provide Services; and
WHEREAS, Company has agreed to provide such Services as contemplated in this Agreement, Client has agreed to compensate Company for such Services, and the Parties have agreed to do so in accordance with the terms and conditions in this Agreement.
NOW, THEREFORE, in consideration of these recitations, Parties agree as follows:
**ARTICLE 1**
**DEFINITIONS AND CONSTRUCTIONS**
1.1 Business. For purposes of this Agreement, “Business” means providing marketing & sales training.
1.2 Commencement. Company shall commence Services on the Effective Date of this Agreement. Client’s obligations set forth in the Agreement shall commence on the Effective Date of this Agreement.
1.3 Termination. Also see the attached Notice of Cancellation form for an explanation of your rights. The student is expected to participate in all classes and follow the instructions given by the instructor.
1.4 Disclosure. Client also understands that his/her/its personal success from this program will be a result of his/her/its own efforts. Client further acknowledges that individual results vary based on background, education, and experience. Client has based his/her/its decision to purchase on my own desire and not on any express or implied earnings claims.
1.5 Confidential Information. For purposes of this Agreement, “Confidential Information” means information possessed by Company relating to the Business, and its business activities that is used or is useful in the conduct of Company’s business, or which confers or tends to confer a competitive advantage over one who does not possess the information. Confidential Information includes copyrights, trade secrets, and know-how, information about existing, new or envisioned products, services, and processes and their development and performance, any techniques, methodologies, pricing, and technical information, computer software, business, and financial information, unpublished lists of names, information, documents, and videos provided or shared by Company to Client. Confidential Information also includes information received by Client or Company from others which Company has an obligation to treat as confidential or from other clients of Company. All information that becomes known to Client during the term of the Services rendered under the Agreement, which Client would reasonably believe is Confidential Information or which Company takes measures to protect, shall be regarded as Confidential Information.
**ARTICLE 2 SCOPE OF SERVICES**
2.1 Deliverables. As a part of the Agreement, Client will have access to the following information, products, and services.- Access to the private instructing group titled: “Outbound Specialist”
- Access to video/written training materials
- Access to group coaching calls
- Strategy session
- Sales coaching & call review
- Outbound coaching & campaign review
- Access to agency management systems
2.2 Relationship. This Agreement does not create an employment, partnership, or joint venture relationship between Client and Company. Client shall not be considered an employee of Company for any purpose whatsoever. Client shall not represent himself/herself/itself as an agent or legal representative of Company or as joint venturers with Company for any purpose whatsoever, and Client shall not have any right to create or assume any obligations of any kind, express or implied, for, or on behalf of, Company in any way whatsoever.
**ARTICLE 3**
**PAYMENT***
3.1 Payments. Client agrees to pay Company for Services as agreed upon during the sales consultation and as may be more particularly set forth or attached as a part of Exhibit A.
3.2 Chargeback/Refund. Company reserves the right to consider refunds outside of the rescission period. If a client has questions about the agreement outside of the rescission period, he/she should submit his/her comments to support@agencyacademy.co. Client agrees not to request, advise, file a claim, or seek Client’s bank or credit card company for a chargeback for consideration paid under this Agreement. Client agrees to waive any rights Client may have under applicable state and federal truth in lending laws or otherwise (including, but not limited to, under Client’s credit card issuer’s procedures for resolving such disputes). Client agrees that any disputes that Client may have with respect to the consideration paid hereunder must be addressed directly between Client and Company. If a chargeback occurs, Client shall have materially breached the Agreement and shall forfeit all remaining services that have not yet been performed under the Agreement. Company shall have no further obligation to Client. Further, the amount of the chargeback shall be subject to a finance charge in the amount of one and one-half percent (1 ½%) per month until paid in full by Client. Further, Company shall be entitled to recover from Client all damages, and reasonable and necessary attorneys’ fees, and costs associated with pursuing collection and/or recovery of the amount of the chargeback.
3.3 Charges. Client agrees that their card on file will be charged on the agreed-upon dates provided in Exhibit A. Subject to Section 1.3, Client also agrees that Company may withdraw smaller charges to the card on file for the purpose of recovering unpaid amounts owed by Client under the Agreement.
**ARTICLE 4**
**CONFIDENTIALITY AND NON-DISCLOSURE**
4.1 Confidentiality; Ownership of Information. Company will provide Client with access to Confidential Information (as defined in Section 1.2) that is used in the provision of the Services. Client acknowledges that Company will provide Client with access to Company’s Confidential Information only for the Term of the Agreement.
4.1.1. Non-Disclosure. During the Term of the Agreement, and always thereafter, Client shall maintain the strictest confidence. Client shall never disclose, copy, share, disseminate, transfer, convey, sell, or discuss, directly or indirectly, to any person or entity other than the Parties to this Agreement, Company’s copyright information, trade secrets, intellectual property or other Confidential Information, except by express prior written consent of a duly authorized officer or director of Company. Client will not make copies, videotape, record, photograph, or use any other form of transcription method to copy in any way, in whole or in part, any Confidential Information or marked original copies of Confidential Information, copyright information, or trade secrets of Company. Further, Client shall use Client’s best efforts and shall take all reasonable precautions to prevent the disclosure of Company’s copyright information, trade secrets, or other Confidential Information. A breach of this provision includes, but is not limited to, each disclosure, sharing, dissemination, transfer, conveyance, selling, or discussion of any singular piece of Confidential, trade secret, copyright, and/or proprietary information.Ownership of Information. All Confidential Information shall remain the sole and exclusive property and proprietary information of Company and is disclosed in confidence by such Party in reliance on the other Party’s agreement to maintain such Confidential Information in confidence and to not use or disclose such Confidential Information to any person except the Parties to this Agreement. Each Party understands and agrees that such Party has no ownership, property rights, or other rights of any kind in the Confidential Information, trade secrets, copyrights, proprietary information, or other property of the other Party.Non-Compete. Client agrees that during the Term of this Agreement, and for a term of twelve (12) months thereafter, Client shall not compete in any way with Company which includes or is not limited to working for another company, acting as an owner, principal, director, consultant, or shareholder in any company that provides education services within teaching people how to start a B2B Lead Generation agency.
******ARTICLE 5**
**INDEMNITY**DISCLAIMER.
IN NO EVENT SHALL COMPANY BE LIABLE TO CLIENT FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST OPPORTUNITY DAMAGES. CLIENT ACKNOWLEDGES AND UNDERSTANDS THAT NO OFFICER, DIRECTOR, EMPLOYEE, OR PERSON OTHER THAN COMPANY SHALL HAVE ANY PERSONAL LIABILITY UNDER THIS AGREEMENT. CLIENT FURTHER AGREES TO INDEMNIFY AND HOLD COMPANY HARMLESS FOR ANY AND ALL LIABILITY ARISING OUT OF THE ACTS OR OMISSIONS OF CLIENT THAT OCCUR DURING THE TERM OF THIS AGREEMENT. COMPANY AGREES TO INDEMNIFY CLIENT FOR ANY LIABILITY CREATED AS A RESULT OF ANY ACTS OR OMISSIONS ON THE PART OF COMPANY.
Acknowledgement of Client Responsibility. Although Company has full confidence in the efficacy of the Services contemplated in this Agreement, Company makes no guarantee of any specific result for Client based upon the services the Services that it is providing. Client also acknowledges that any testimonials of profits from current or former clients are not to be interpreted as typical results. By signing below, Client acknowledges their own responsibility in properly utilizing the Services provided in this Agreement to achieve the desired results.
**ARTICLE 6**
**MISCELLANEOUS PROVISIONS**
**Entire Agreement**
This Agreement constitutes the entire agreement between the Parties with respect to this Agreement, and all prior agreements relating to the Services hereunder, express or implied, written or oral, are nullified and superseded hereby.
**Governing Law.**
This Agreement shall be governed by and construed in accordance with the laws of Norway.Company does not offer any legal, tax, or financial advice. I acknowledge that I am responsible for my own actions and hereby release and hold harmless Outbound Specialist, and any of their staff, employees, officers, or agents from liability for any of my actions or comments. I accept my obligation to make full payment for the advanced trainings. I will consult with a tax professional about any potential write offs or deductions related to my purchase of this program.
**Acknowledgement**
You acknowledge that success is dependent on a number of factors, including, but not limited to, attitude, persistence, and full participation in all phases of the Program. Outbound Specialist is dedicated to helping Clients become successful in the Program as the success of the Program itself depends on the completion and implementation by Clients of the strategies taught in the Program. By signing the front page of this Agreement, Client affirms an intent and commitment to learn and implement these strategies. By signing the front page of this Enrolment Form, Client affirms an intent and commitment to learn and implement these strategies.
**Electronic Recordkeeping**
Client acknowledges and agrees that this Agreement may be stored in an electronic record keeping system in the regular course of business and that a printed copy of the imaged document may be used and introduced in any arbitration, litigation, or other proceeding, and shall have the same force and effect as the original, which may be destroyed.
**Representations**
Client acknowledges that Outbound Specialist has made no representations or guarantees other than those expressed herein; Client has not relied thereon; and Outbound Specialist specifically disclaims any other representations or warranties.Moreover, Client recognizes and acknowledges that individual performance depends upon the individual skills, time availability, and dedication of each Client in the Program.Client acknowledges that Outbound Specialist is a training institute and is not offering a business opportunity or franchise and is not ascertaining the suitability of this Program for the Client.This Enrolment Form represents the entire understanding and supersedes all prior statements, agreements, and understandings, if any, either oral or written.
**Law and Arbitration and Class Action Waiver**
The parties waive trial by court or jury. By signing this Agreement, you agree all disputes which may arise between you and Outbound Specialist, arising out of the terms of this Agreement or the relationship between the parties shall be decided exclusively in binding arbitration conducted by the Norwegian courts.Arbitration shall take place in dispute in Oslo, Norway and governed by and construed under Norwegian law, except its conflict of laws rules. Client also waive his/her right to bring or participate in a class action against Outbound Specialist or its parent, affiliated companies, subsidiaries, agents, officers, and/or principals. Furthermore, you agree that by signing this Agreement you waive the ability to bring a class action suit.
**Severability**
If any provision of this Agreement shall be held unenforceable such provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions of this Agreement shall otherwise remain in full force and effect.
**Limitations of Use**
This Program is designed for personal use only. Client agrees that only the Client will use the Program. Client shall not resell or otherwise dispute the original or any copy of the Program materials in any manner or any part thereof, in any manner, and shall not allow others to do so. Any violation of this policy may lead to prosecution under state or federal law, or both.
**Disclosure**
Outbound Specialist provides private training. Individual performance depends upon the individual skills, time availability, and dedication of each Client in the training Program. Testimonials shared are not typical. Any results shared are not a guarantee of performance but are merely examples of individuals who have implemented Outbound Specialist’s strategies and trainings. Because your background, education, and experience are different your results will vary. Unique experiences and past performances do not guarantee future results. Outbound Specialist and its owners, employees, contractors, and affiliates do not give financial advice and are not licensed by or registered with any federal or state agency AND ARE NOT RESPONSIBLE FOR YOUR SUCCESS OR ACTIONS.
**Assignments**
This Agreement shall be assignable by Company to any of Company’s affiliated entities, including Outbound Specialist AS and Outbound Specialist). Assignments to any other entities beside the Affiliated Entities will be void without the prior written consent of both parties.
NOTICE OF CANCELLATION
Transaction Date:
You may cancel this transaction, without penalty or obligation within fourteen (14) days from the above date, after which the sale is final. If you cancel, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within ten (10) days following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be cancelled. All cancellation requests must be in writing. If you cancel, you must email this to support@agencyacademy.co
I hereby cancel this transaction.
Purchasers’ Signature (required):
Date (required):
This Agreement embodies the entire agreement and understanding between the parties hereto with respect to the subject matter of this Agreement and supersedes all prior agreements and understandings, whether written or verbal. Any modifications must be made in writing and agreed upon by both parties.
**1st Client Guarantee**
Outbound Specialist has a wholehearted desire to help our Clients succeed by implementing the strategies in the course. If the Client, contrary to expectations, has not been able to land their first paying clients after completing the course, Outbound Specialist has chosen to offer a 12 month, 1st client guarantee. The conditions for using this guarantee are as follows:
- The client has completed all video modules.
- The client has completed all worksheets.
- The client has set up and started outbound campaigns towards the agreed-upon industries with the agreed-upon offer (set during the strategy session) and sent at least 20 000 outreaches.
- The client has recorded and reviewed at least 3 sales calls with a coach
- The client has actively updated the coaching team on where they're stuck in the success roadmap and asked for help.
- The client has attended minimum 5 mentor calls.
- The client has completed 10 calls with potential clients.
**The Client completes all payments in the repayment plan on time (no later than 14 days after the due date). The guarantee is voided if Client is more than 14 days late on their payments.
**If the Client has completed all conditions without a result, Outbound Specialist will provide 1 on 1 coaching for 30 days. If the client implements the feedback and still doesn’t have a paying client, they will receive a full refund.
