B&H Consulting LLLP & Boniface and Hadji Program Services Agreement Thank you for choosing B&H Consulting LLLP & Boniface and Hadji to advise and implement how to start an online business and gain customers online exclusively for your business. We are excited to work with you to start and grow your business.
THIS AGREEMENT (the “Agreement”), is entered into on this date ___________________ by and between 100k Season Program (“B&H Consulting LLLP & Boniface and Hadji”) Atlanta, Ga limited liability company, with a mailing address 1000 park ave, Atlanta GA 30326 and;
Client Name:___________________, the Client:_____________________ whose address is:____________________________________________________(collectively, the “Parties”). The Client and The Company agree as follows:
1. The Services.
The services can be divided into two parts, the setup services and the ongoing management services. Both types of services are detailed below: As part of the setup services, the B&H Consulting LLLP & Boniface and Hadji will: Enroll client name: ____________________ into an Online Training Program based on Social Media Marketing.
This will be done by:
A. Collecting client payment of $1,997; Any promotional offer.
B. Granting Access To 100k Season Program
C. Joining The private Facebook group with other like-minded clients.
D. Making the client: aware of the weekly Q&A Video calls.
As part of the program services agreement, B&H Consulting LLLP & Boniface and Hadji will: provide assistance through our weekly question and answer video calls where clients can ask any questions to clarify anything they are struggling with as they go through the program. If the client misses the question and answer calls the call will be pre-recorded and posted on the Facebook Group and Content Portal. The call will be available for clients at their earliest convenience. This will be done by:
E. On a Zoom Call/ Facebook LIVE
F. Through Gotowebinar
G. Posted on the Facebook Group
2. Client Requirements.
The client agrees to provide the following items in the time frame stated:
A. The client has to go through the entire training program.
B. The client has to participate in the weekly question and answers calls.
3. Compensation and Payment.
A. Program Fee: For the Services described in Section 1A, the Client will pay $1,997 to gain access to the program. Set up, as outlined in Section 1A, can take varying lengths of time, but will usually take the same day as of enrollment.
B. The following provision applies to the authorization of repeated credit or debit card authorizations, only: Right to cancel: The Client has the right to cancel this contract until midnight of the third (3rd) business day after it is signed and executed. Clients may cancel this agreement by mailing a written notice to B&H Consulting LLLP & Boniface and Hadji before midnight of the third business day. Notice of cancellation sent after this deadline may be deemed invalid at the sole discretion of B&H Consulting LLLP & Boniface and Hadji.
This Agreement will commence on the effective date first set forth above and will continue. Unless otherwise terminated by B&H Consulting LLLP & Boniface and Hadji or unless otherwise agreed to by B&H Consulting LLLP & Boniface and Hadji and the Client.
This agreement may not be terminated prior to [1 year] after the date shown above by either party. In the event that the Client desires to terminate the Services hereunder, the Client must submit a written request to B&H Consulting LLLP & Boniface and Hadji at least seven (3) days prior to the desired date of termination. Written requests to terminate may be made by mail or e-mail. If Client chooses to terminate this agreement in writing, all monies owed to B&H Consulting LLLP & Boniface and Hadji will be due immediately and will be automatically charged to the Client’s payment method on file. Under no circumstances will B&H Consulting LLLP & Boniface and Hadji give refunds of the amount paid for the Services hereunder.
6. Ownership of Materials.
B&H Consulting LLLP & Boniface and Hadji shall retain the creative rights to all original materials, data and similar items, produced by B&H Consulting LLLP & Boniface and Hadji hereunder in connection with the Services under this agreement. All services and software used by B&H Consulting LLLP & Boniface and Hadji shall at all times be the sole property of B&H Consulting LLLP & Boniface and Hadji and under no circumstances shall Client have any interest in or rights to the title to such materials, or software. Client acknowledges that B&H Consulting LLLP & Boniface and Hadji may use and modify existing materials for Client’s benefit and that Client holds no rights to such materials.
7. Proprietary Information and Use of Materials.
A. Except as provided elsewhere in this Agreement, all information disclosed by one Party to the other Party, shall be deemed to be confidential and proprietary (“Proprietary Information”). Such Proprietary Information includes, without limitation, information regarding marketing, sales programs, sales volume, sales conversion rates, sales methods and processes, sales proposals, products, services, vendors, customer lists, training manuals, sales scripts, telemarketing scripts, names of investors, and customer information, operating procedures, pricing policies, strategic plans, intellectual property, information about a Party’s employees and other confidential or Proprietary Information belonging to or related to a Party’s affairs. The receiving Party acknowledges and agrees that in any proceeding to enforce this Agreement it will be presumed that the Proprietary Information constitutes protectable trade secrets, and that the receiving Party will bear the burden of proving that any portion of the Proprietary Information was publicly or rightfully known and disclosed by the receiving Party. The Parties, their employees, subsidiaries, affiliates, agents, and assigns agree to hold all Proprietary Information, regardless of when or how disclosed, in strict confidence and with not less than the same degree of care that they provide for their own confidential and proprietary information. The Parties warrant and represent that the degree of care contemplated herein is adequate and the Parties will take any and all steps reasonably necessary to preserve such Proprietary Information.
B. Nothing in this Agreement shall prohibit or limit the receiving Party’s use of information that can be demonstrated as: (a) previously known to the receiving Party, (b) independently developed by the receiving Party, (c) acquired from a third party not under similar nondisclosure obligations to the disclosing Party, or (d) acquired through the public domain through no breach by the receiving Party of this Agreement.
C. License. Client grants B&H Consulting LLLP & Boniface and Hadji a limited, non transferable, nonexclusive license to copy, use, store, set up, publicly display, publicly perform and transmit any trade names, trademarks, service marks, copyrights, content, text, images, software, functionality, page and other design and layout, media and other materials therein and solely in connection with creation of the Campaign and direct response marketing in accordance with this Agreement. Other than as specifically provided herein, the Parties, their employees, subsidiaries, affiliates, agents and assigns, shall make no disclosure of any Proprietary Information without the express written consent of the other Party. In addition, neither Party shall use the Proprietary Information for any purpose other than purposes related to their business relationship as laid out in this Agreement. In the event that the receiving Party is required by applicable law, rule, regulation or lawful order or ruling of any court, government agency or regulatory commission to disclose any Proprietary Information, the receiving Party understands that the disclosing Party may desire to seek an appropriate protective order or take steps to protect the confidentiality of such Proprietary Information. Consequently, the receiving Party agrees that it will provide the disclosing Party with prompt notice of such request(s).
D. Portfolio Release. Client agrees that B&H Consulting LLLP & Boniface and Hadji has the right to use materials created pursuant to this Agreement for B&H Consulting LLLP & Boniface and Hadji portfolio, samples, self-promotion including advertising for B&H Consulting LLLP & Boniface and Hadji business including without limitation Facebook or Instagram, or any other social media platform. In the event Client wishes to exclude some specific materials from the release under this paragraph, or to limit the time period of such release, B&H Consulting LLLP & Boniface and Hadji and Client may agree in writing to such limitation.
E. Remedies. The Parties acknowledge that the Proprietary 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.
8. Additional Services.
All services outside the scope of this Agreement that are requested by the Client and which B&H Consulting LLLP & Boniface and Hadji agree to perform will be billed at a rate that is agreed upon by both parties. The client will be notified and must approve in writing (email is sufficient) additional services before they will be performed, although B&H Consulting LLLP & Boniface and Hadji may not necessarily be able to inform the Client in advance of the total cost of such additional services. The client will also be given the opportunity to purchase additional services at package rates when deemed appropriate by B&H Consulting LLLP & Boniface and Hadji.
9. Limitation of Liability.
B&H Consulting LLLP & Boniface and Hadji shall not be liable for any incidental, consequential, indirect, or special damages, or for any loss of profits or business interruptions caused or alleged to have been caused by the performance or nonperformance of the Services. Client agrees that, in the event that B&H Consulting LLLP & Boniface and Hadji is determined to be liable for any such loss, Client’s sole remedy against The B&H Consulting LLLP & Boniface and Hadji is limited to a refund of payments made by Client for said Services, fewer expenses paid to subcontractors, or to third parties. B&H Consulting LLLP & Boniface and Hadji are not responsible for errors that result from faulty or incomplete information supplied to B&H Consulting LLLP & Boniface and Hadji by the Client. The client also agrees to not seek damages in excess of the contractually agreed upon limitations directly or indirectly through suits by or against other parties. B&H Consulting LLLP & Boniface and Hadji shall not be liable to Client for any costs, damages, or delays due to causes beyond its control, expressly including without limitation, unknown site characteristics; changes in policies, changes in terms of services.
10. Handling of Disputes.
The Parties agree that any dispute regarding this Agreement, and any claim made by Client for return of monies paid to B&H Consulting LLLP & Boniface and Hadji, shall be handled in accordance with applicable State and Federal laws. Specifically, if Client cancels credit card payments after the three day cancellation period permitted by law and outlined in this Agreement, this Agreement is immediately terminated, and B&H Consulting LLLP & Boniface and Hadji reserves the right to dispute such cancellation and pursue Client for monies owed to B&H Consulting LLLP & Boniface and Hadji for services already performed but unpaid by Client due to such credit card cancellation. The client agrees that, regardless of whether the Client is ultimately successful in any credit card cancellation dispute, it is liable to pay B&H Consulting LLLP & Boniface and Hadji for the work already performed as of the time of the cancellation request.
11. No Guarantee.
B&H Consulting LLLP & Boniface and Hadji do not warrant or guarantee any specific level of performance or results. Examples of results obtained for other clients of B&H Consulting LLLP & Boniface and Hadji 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.
The client agrees the communication is to be via email only, the email address to use is [email protected]&H Consulting LLLP. If the Client wishes to speak on the phone, the Client should send an email to B&H Consulting LLLP & Boniface and Hadji stating that you would like to schedule a phone call and B&H Consulting LLLP & Boniface and Hadji will work with the Client to arrange a time. B&H Consulting LLLP & Boniface and Hadji office hours are Monday- Friday 9am to 5pm. B&H Consulting LLLP & Boniface and Hadji typically respond to email within 24-48 hours excluding weekends and standard public holidays.
13. Entire Agreement.
This Agreement is the final, complete and exclusive agreement of the Parties. No modification of or amendment to this Agreement shall be effective unless in writing and signed by each of the Parties.
If any provision of this Agreement shall be held to be illegal, invalid, or unenforceable, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement, the remaining provisions of this Agreement shall remain in full force and effect.
The headings used in this Agreement are for convenience only and shall not be used to limit or construe the contents of this Agreement.
16. Interpretation and Enforcement.
The parties understand and agree that the construction and interpretation of this Agreement are governed by the laws of the State of Atlanta, Ga United States. In the event that either party must initiate legal action to enforce this Agreement, the Parties agree that the proper venue for such action shall be the courts of the State of Atlanta, Ga United States.
17. Release For my participation in promotions of 100k Season Program, I hereby grant B&H Consulting LLLP & Boniface and Hadji in perpetuity, the absolute and irrevocable right and permission to use, in live or recorded tape, film, any electronic medium, or otherwise, my name, voice, photograph or picture, likeness, and/or performance (“Permitted Uses”), for distribution in any medium throughout the world (including, without limitation, the Internet) and for audiovisual and general commercial purposes. I hereby grant B&H Consulting LLLP & Boniface and Hadji the absolute and irrevocable right and permission to: use photographs and images it has taken of me or in which I may be included with others; copyright the same, in its name or otherwise; use, reuse, publish and re-publish the same in whole or in part, individually or in conjunction with other photographs and images, and in conjunction with any printed matter, in any and all media and for any purpose whatsoever, including without limitation illustration, promotion, art, advertising and trade; and use my name in connection therewith if it so chooses. I agree that all photographs and other images of me used and/or taken by the Company are owned by B&H Consulting LLLP & Boniface and Hadji. My statements about the 100k Season Program are an accurate and honest expression of my experience and belief, based on my personal use of the 100k Season Program. I agree that no advertisement for the 100k Season Program needs to be submitted to me for further approval. I hereby release and discharge B&H Consulting LLLP & Boniface and Hadji from any and all claims and demands arising out of or in connection with the Permitted Uses or use of photographs or images of me, including without limitation any and all claims for libel, defamation, invasion of privacy, or misappropriation of identity or likeness. I warrant and represent that this grant does not conflict in any way with any existing commitment on my part. I have not heretofore authorized nor will I authorize or permit the use of my name, voice, photograph or picture, likeness, performance or testimonial statement in connection with the advertising or promotion of any product or service competitive or incompatible with Product. This authorization and release shall also inure to the benefit of the members, managers, employees, heirs, affiliates, agents, representatives, licensees, successors and assigns of B&H Consulting LLLP & Boniface and Hadji as well as the person(s) for whom they create the material subject to the Permitted Uses. I am of full age and have the right to contract in my own name/I am under age and consent has been given by myself and a legal parent or guardian. I have read the foregoing and fully understand the contents thereof. This release shall be binding upon me and my heirs, legal representatives and assigns.
18. REFUND AND CANCELLATION POLICIES
Current9 & Boniface and Hadji & 100k Season Program; clearly state that there are no refunds for education training of 100k Season Program, B&H Consulting LLLP , Boniface and Hadji online education training, and all sales are final. I understand that the training teaches me everything I need to do from A-Z. If I’m stuck anywhere I will ask for help in the Facebook Group and on the LIVE Q&A Call. Refund on Theme & Apps We do not refund on any Apps or Theme that are provided through the training. Chargebacks If you charge back or break the agreement we will pursue criminal charges because it is fraudulent. By their signatures below, the parties hereby understand and agree to all terms and conditions of this Agreement. Client Name: __________________________