Terms of service.
Wellbeing Marketing LLC shall provide coaching services or programs (as agreed upon with the client).
The terms of service will begin on the date the client provides the first payment and will remain in effect until services are complete.
Fees
The client will pay the fees before the contractor has any obligation to perform the work described above.
Payment shall be made by credit card via payment form.
For packages of $5000 or payment plan can be arranged with the first payment due prior to starting the engagement.
The client must sign a contract and payment plan agreement prior to receiving any services unless they are paying in full.
If we do not receive payment from client within 14 calendar days of any payment date, the client will be charge a late fee of 1.5% of the outstanding amount per each day that the contractor does not receive payment. For example, client owes $1000 due on May 1 and fails to pay by May 14th. On May 15th, client owes contractor $1015. On May 16th, client owes contractor $1030.23. On May 17th, client owes contractor $1045.68, and so on.
Any expenses incurred by contractor while providing client with services will be invoiced to client in a timely manner. At the contractor’s discretion, contractor will make reasonable efforts to integrate client’s suggested software or products.
Reschedules and Cancellations
Either party, without cause, may terminate this Agreement by delivering 1 day written notice to the other party. In addition to any other obligations set forth in this Agreement, upon termination of this Agreement, Wellbeing Marketing shall be compensated for services performed through the date of termination and shall be reimbursed for expenses incurred to date. Any nonrefundable payments will not be returned to Client. Furthermore, the receiving party will immediately return all Confidential Information to the disclosing party.
Method of Services and Relationship of the Parties
The Client shall not control the manner or means by which Wellbeing Marketing performs the Services, including but not limited to the time and place Wellbeing Marketing performs the Services. It is expressly agreed that Wellbeing Marketing is acting as an independent contractor and not as client’s employee. This Agreement in no way creates a partnership or joint venture between the Parties. Wellbeing Marketing will not enter into any contracts on behalf of Client. Wellbeing Marketing has no authority (and shall not hold itself out as having authority) to bind the Client, nor shall it make any agreements or representations on the Client’s behalf without the Client's prior written consent. Wellbeing Marketing may be engaged or employed in any other business, trade, profession, or other activity which does not place it in a conflict of interest with the Client during the Term of the Agreement.
Intellectual Property
During the course of performing the Services, Wellbeing Marketing may, independently or in conjunction with Client, develop information, materials, results, systems, and programs (hereinafter, collectively referred to as “Work Product”). Contractor retains all rights, title, and interest, including all copyrights, patent rights, and trade secret rights in Work Product pursuant to federal copyright law (Chapter 17, Section 201-02, of the United States Code.) Any and all work produced in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Wellbeing Marketing. Any unauthorized use of the Work, such as using the Work for other purposes than those specified herein, will result in additional fees and/or royalty payments to Wellbeing Marketing. Parties own their respective trademarks and intellectual property used in the normal and separate course of their business and agree not to infringe upon or otherwise use each other’s respective intellectual property except for in the course of providing Client with its Services.
Site Content
Wellbeing Marketing exclusively owns and controls the sites, which provides information about its products and services and may, from time to time, provide access to educational materials pertaining to a variety of marketing and mindset topics. The unauthorized reproduction, use of, or theft of any content, written, photographic, or otherwise, is expressly prohibited. By using the Sites, you expressly agree to pay a fine of $100 per incident for any unauthorized use of our content, at the sole discretion of WELLBeing Marketing.
Confidentiality
Parties will treat and hold all information of or relating to the Services provided and the Parties’ businesses in strict confidence and will not use any of this information except in connection with fulfilling the terms of service, and, if this Agreement is terminated for whatever reason, Parties will return all such information, including account access information, and any and all copies to the original Party and will remain bound to the Confidentiality provision of this Agreement. Confidential information (herein “Confidential Information”) means information that is of value to its owner and is treated as proprietary or confidential including, but not limited to, intellectual property, inventions, trade secrets or information, financial data or information, speculation, knowledge, general Company data or reports, future business plans, strategies, customer lists and information, client acquisition strategies, advertising campaigns, information regarding executives and employees, and the terms and provisions of this Agreement. Further, at all times neither Party shall use or disclose any Confidential Information relating in any way to the past, present, or future business affairs, conditions, clients, customers, efforts, employees, financial data, operations, practices, products, processes, properties, sales, or services of or relating in any way to the Client in whatever form to any outside Parties. This Agreement imposes no obligation upon the Parties with respect to any Confidential Information that was possessed before initial business interactions commenced between the Parties; is or becomes a matter of public knowledge through no fault of receiving Party; is rightfully received from a third party not owing a duty of confidentiality; is disclosed without a duty of confidentiality to a third party by, or with the authorization of the disclosing Party; or is independently developed by either Party without prior knowledge of privileged or confidential information.
Limit of Liability
IN RECOGNITION OF THE RELATIVE RISKS AND BENEFITS OF THIS AGREEMENT TO BOTH THE CLIENT AND THE CONTRACTOR, THE RISKS HAVE BEEN ALLOCATED SUCH THAT THE PARTIES AGREE TO LIMIT THE LIABILITY OF EITHER PARTY TO THE OTHER FOR ANY TYPE OF DAMAGES TO THE AMOUNT OF CONTRACTOR’S TOTAL FEES UNDER THIS AGREEMENT. IT IS INTENDED THAT THIS LIMITATION APPLY TO ANY AND ALL LIABILITY OR CAUSE OF ACTION HOWEVER ALLEGED OR ARISING, UNLESS OTHERWISE PROHIBITED BY LAW. HOWEVER, EACH PARTY WILL REMAIN LIABLE FOR BODILY INJURY OR PERSONAL PROPERTY DAMAGE RESULTING FROM GROSSLY NEGLIGENT OR WILLFUL ACTIONS OF THE PARTIES.
Force Majeure
Contractor shall not be responsible for its failure to perform its obligations under this Agreement caused in whole or in part by events beyond its reasonable control. The Limitation of Liability Section shall survive the expiration or termination of this Agreement. Either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as: an act of God (fires, explosions, earthquakes, hurricane, natural disasters, flooding, storms or infestation), pandemic, epidemic, governmental order, or War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not), or any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.
Dispute Resolution
If a dispute arises, the parties agree to first submit the dispute to a mutually agreed-upon mediator in the United States. Any costs and fees other than attorney fees associated with the mediation will be shared equally between the parties. If the dispute is not resolved within 60 after it is referred to the mediator, the Parties agree that the matter may be resolved in a court of law. If any court action is necessary to enforce this Agreement, the prevailing party will be entitled to reasonable attorney fees, costs, and expenses in addition to any other relief to which the party may be entitled.
To the extent permitted by applicable laws, both Contractor and Client agree to defend, indemnify, and hold harmless the respective party, its owners, officers, directors, employees, affiliates, contractors, licensors, successors, or assigns from and against any and all liabilities and expense whatsoever, including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements which any of them may incur or become obligated to pay arising out of or resulting from breach of this Agreement.