1. Methodology. In providing the Services, 3xBOLD (herein referred to as, “The Company”), at it’s discretion, will employ a range of methodologies and means of service delivery to suit the Client’s needs. The Client agrees to partake in the methods proposed. Much of Client’s results will be dependent on Client’s focus, willingness, follow through, and other variables which are outside of The Company’s control. The results, if any, will be based on the Client following the plans and strategies provided by The Company.
2. Program Details. The Company agrees to provide access to all assets listed under each program, course or class and it is the responsibility of The Client to avail themselves of the resources and to maximize the value received from them. The Company shall not be responsible to provide services to The Client if The Client chooses to not take advantage of said resources;
a. PRIVATE CALL POLICY.
i. While The Company may reach out to The Client to remind them to book a call, it is the responsibility of The Client to schedule each call personally.
ii. The Client agrees to provide a minimum of 48 hours notice should a call need to be canceled or rescheduled. Failure to provide 48 hour notice by contacting someone at The Company or emailing support@3xBOLD.com will result in the forfeiture of said session and all costs associated with it.
b. PROGRAM RESULTS.
i. The Client understands that The Company does not promise specific results or make any guarantees regarding specific outcomes for The Client and/or the business entities they are a part of. Therefore, The Company is not to be held responsible should the program or the advice they offer more generally not produce the expected result for The Client.
ii. The Client understands that The Company may utilize a variety of methodologies to help them in assisting The Client where they see fit. While The Company may provide advice, both general and specific, The Client understands that The Company and its representatives are not medical professionals, licensed therapists, psychologists, psychiatrists, or any other type of doctor, etc. and shall not be treated as such for legal purposes.
3. Compensation. Client agrees to compensate The Company according to the payment schedule set forth prior to beginning the program and duly reflected below. The parties hereto agree that upon Client’s failure to make or permit payments, The Company shall charge a 2% (two percent) late penalty for every 7 days payment is late, on all balances that are not paid promptly on due date. Any outstanding payments which exceed thirty (30) days will be sent to a collection agency without objection from the Client.
a. PAYMENT AUTHORIZATION. When you make a purchase you authorize us to charge your credit card, debit card, or bank account automatically in accordance with the payment plan you selected. You must provide complete, current, and accurate payment information and update us promptly should any payment information change. If payment is not received from your credit card issuer or financial institution, you agree to pay all amounts due upon demand, together with any applicable collection costs, including attorney’s fees and costs, on any outstanding balance. Failure to pay required fees may result in discontinuing your access to 3xBOLD, Finding BOLD and all associated programs. The Company is not responsible for any overdraft charges, over-limit charges, or any non-sufficient fund fees by your bank or credit card company.
b. Payment is NONREFUNDABLE. Upon execution of this Agreement, Client shall be responsible for the payment amounts, on the payment dates, set forth. All transactions are final and not subject to a refund under any conditions.
c. As The Company offers masterclasses, some with live components and some not, the client is responsible for the full amount regardless of their involvement in the program and cancellation is not permitted.
d. Chargebacks and Payment Security. To the extent that Client provides The Company with credit card information for payment on Client’s account, The Company shall be authorized to charge the Client’s credit card(s) for any unpaid charges. Client further agrees it shall not cancel the credit card provided as security without concurrent notice to The Company at the time such credit card is canceled and the furnishing of replacement credit card information.
e. Failed Payments. In the event the Client fails to make any of the payments within the time prescribed, The Company has the right to immediately cease all services until payment in full is paid. The parties hereto agree that upon Client’s failure to make or permit payments The Company shall charge a 2% (two percent) late penalty for every 7 days payment is late, on all balances that are not paid promptly on due date. Any outstanding payments which exceed thirty (30) days will be sent to a collection agency without objection from the Client.
4. Auto-Renewal. Upon the expiration of the initial contract term, this agreement will be automatically renewed for successive terms of equal duration unless either party provides written notice of termination at least 30 days before the end of the current contract term or any subsequent Renewal Term.
5. No Transfer of Intellectual Property. The Company’s copyrighted and original materials shall be provided to the Client for Client’s individual use only. All intellectual property, including The Company’s copyrighted course materials, shall remain the sole property of The Company. No license to sell or distribute The Company’s materials is granted or implied.
6. Confidentiality. The Company has the right to use case studies of Client’s situations and results or Client testimonials in future work but without making reference to Client’s full identity unless agreed to otherwise in a separate agreement. Clients hereby warrant and allow for The Company to utilize the text messages, social media posting, communications between The Company and Client, and testimonials. The purpose of this provision is to further The Company’s goodwill, promotion, marketing and client procurement. Clients will always be contacted for approval prior to any case study or testimonial being published in which Client will be identified by full name.
7. Agreement between The Company and Client. Client agrees to not withhold any information necessary for The Company to provide the Services or that could prevent the services from running fluidly. Client agrees to be open, present and prepared to fully participate in receiving the Services. The Client understands that The Company makes no guarantees as to the outcome of the Services.
8. Responsibilities. The Company shall not be responsible for any material losses incurred on behalf of The Client as a result of their work, whether they be financial or otherwise. While The Company will provide direction, advice, and/or support in the creation of materials, The Client is responsible for the finished product, service, communication, materials, etc. and is, therefore, solely responsible for the effect said materials have in the marketplace.
9. Non-Solcitation. The Client agrees to not hire or attempt to hire Company staff members, including Virtual Assistants, Company employees, contractors, etc. without the express written consent of the Company. Doing so will represent a breach of contract and legal action will be taken.
10. Attorney Fees. In the event, either party institutes legal proceedings against the other for breach of or interpretation of this Agreement, the party against whom a judgment is entered will pay all reasonable costs and expenses relative thereto, including reasonable attorneys’ fees of the prevailing party at pre-trial, trial and all appellate levels.
11. Enforcement. If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, such holding shall not affect the validity or enforceability of any other provision, which shall remain in full force and effect, and the provision held invalid or unenforceable shall be deemed modified so as to give the provision the maximum effect permitted by applicable law.
12. Governing Law. This Agreement shall be governed by the laws of the state of Arizona, which is where 3xBOLD is domiciled.