Please READ Carefully by purchasing this product you (herein referred to as "Client") agrees to the following terms stated herein. PROGRAM/SERVICE Stellar Media and Consulting (herein referred to as “Stellar Media and Consulting” or “Company”) agrees to provide the program, “Scale Up With Simplicity” (herein referred to as “Program”) identified as Experienced Product. Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program. 1. Description of Services Company shall provide Client with business consulting and advising services (“Services”) for the 3 Month term include the following: a) Access to the Scale Up With Simplicity Xperiencify Hub b) Weekly laser coachathons with Heart and other members of the Scale Up With Simplicity Program c) Live coaching weekly office hours with your support and success coach - Heart is held every Saturday at 8-9:30 PM Manila Time d) Bi-weekly Marketing and Sales strategy office hours calls e) Access to the Private Scale Up With Simplicity Facebook Group - You must adhere to the Facebook Group Code of Conduct - You can only offer project collaboration of your services (directly or indirectly by sharing links) to other members in the group by getting approval from Stellar Heart's Team first. For approval, please email [email protected] with your intended post. DISCLAIMER Client understands Heartie Queen Tamayo (herein referred to as “Consultant”) and Stellar Media and Consulting, is not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, or financial analyst, psychotherapist or accountant. Client understands that Consultant has not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or sales for Client; (2) Perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (4) act as a public relations manager (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for Client; (6) introduce Client to Consultant’s full network of contacts, media partners or business partners. The Client understands that a relationship does not exist between the parties after the conclusion of this program. If the Parties continue their relationship, a separate agreement will be entered into.
FEES The regular pricing for Scale Up With Simplicity are the following two options (all prices are in Php): 1 payment of Php15,997 (due today) or 3 monthly payments of Php6,997. If you select the monthly payment option, you will pay Php21,997 today, or Php6,997 every 30 days for 3 consecutive months for a total payment of Php20,991. If you choose to pick this option, you are responsible for all 3 payments. If you elect to pay for Scale Up With Simplicity in full, you pay one payment of Php15,997 (saving Php4,994). The purchase of the 3-month program means that you’ll only receive access to the program during the duration of the 3 month time period.
FINANCIAL OBLIGATION Client is responsible for the completion of all payment plans associated with products they purchase. We reserve the right to seek recovery of any monies remaining unpaid via our Collection Agency. If the Client has an outstanding balance, Company reserves the right to revoke access to all products and services associated with this purchase.
METHODS OF PAYMENT If Client elects to pay by monthly installments, Client authorizes the Company to charge Client’s credit card, debit card. If the Client elects to pay in FULL, Client may pay by credit card or debit card.
Scale Up With Simplicity REFUND POLICY
Scale Up With Simplicity™ Guarantee Do the Work Guarantee
We believe in our training and process so much that Scale Up With Simplicity™ offers a money-back guarantee. Scale Up With Simplicity™ will offer you a full refund of what you have paid to date for the program if you satisfy the following criteria: (1) You watch every video of the 4 Part Scale Up With Simplicity™ Framework training, Jumpstart Your Marketing and LinkedIn Conversion To Client Accelerator; (2) Attend all live group coaching call every week in which you ask at least one question and obtain feedback on your progress; (3) Participate in Scale Up With Simplicity™’s private Facebook group by asking at least one question every week so Heart can help you succeed (4) Do every lesson worksheet (5) Build out your marketing and sales pipeline within 30 days of starting the program (6) Implement the feedback given by your success coach (7) Complete both the 30-day check-in form. You will have 7 days from your 30th day in the program to submit these forms (8) Complete the 30 day refund request on or before your 30th day of joining the program (9) Screenshots of the work that you need to submit with your request for a refund includes ALL of the items above. Contact your success coach Heart at [email protected] and let us know you’d like a refund by the 30th day at 11:59 Manila time. You must include your coursework with your request for a refund. If you request a refund and do not include your coursework by the 30th day, you will not be granted a refund. We will NOT provide refunds more than 30 days following the date of purchase. After day 30, all payments are non-refundable and you are responsible for full payment of the fees for the program regardless if you complete the program. All refunds are discretionary as determined by Stellar Media & Consulting. To further clarify, we will not provide refunds after the 30th day from your date of purchase and all payments must be made on a timely basis. If payments are not made on time, you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater. If you have any questions or problems, please let us know by contacting your success coach directly. Your success coach can be reached at: [email protected].
CONFIDENTIALITY
The Company respects Client’s privacy and insists that Client respects the Company’s and Program Participants (herein referred to as “Participants”). Thus, consider this a mutual non-disclosure agreement. Any Confidential Information shared by Program participants or any representative of the Company is confidential, Proprietary, and belongs solely and exclusively to the Participant who discloses it. Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the forum or otherwise. Client agrees not to use such confidential information in any manner other than in discussion with other Participants during the Program. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties will keep Confidential Information in the strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. Client agrees not to violate the Company’s publicity or privacy rights. Furthermore, Client will NOT reveal any information to a third party obtained in connection with this Agreement or Company’s direct or indirect dealings with Client including but not limited to; names, email addresses, third-party company titles or positions, phone numbers or addresses. Additionally, the Consultant will not, at any time, either directly or indirectly, disclose confidential information to any third party. Further, by purchasing this product you agree that if you violate or display any likelihood of violating this session the Company and/or the other Program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
NO TRANSFER OF INTELLECTUAL PROPERTY
Stellar Media & Consulting’s program is copyrighted and original materials that have been provided to Client are for Client’s individual use only and a single-user license. The Client is not authorized to use any of Company’s intellectual property for the Client’s business purposes. All intellectual property, including Company’s copyrighted program and/or course materials, shall remain the sole property of Stellar Media & Consulting. No license to sell or distribute Company’s materials is granted or implied. By purchasing this product, Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Company. Further, by purchasing this product, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
CLIENT RESPONSIBILITY
Program is developed for strictly educational purposes ONLY. The Client accepts and agrees that Client is 100% responsible for their progress and results from the Program. The Company makes no representations, warranties or guarantees verbally or in writing. The Client understands that because of the nature of the program and extent, the results experienced by each client may significantly vary. The Client acknowledges that as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that Client will reach their goals as a result of participation in the Program. Program education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. The Company assumes no responsibility for errors or omissions that may appear in any program materials.
INDEPENDENT CONTRACTOR STATUS
Nothing in this Agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship. Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the manner in which such personnel performs hereunder. In no event shall such persons be deemed employees of the other party by virtue of participation or performance hereunder.
FORCE MAJEURE
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Company to perform its obligations under this Agreement, the Company’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
SEVERABILITY/WAIVER
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
MISCELLANEOUS LIMITATION OF LIABILITY.
The Client agrees they used Company’s services at their own risk and that Program is only an educational service being provided. Client releases Company, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releasees”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs. The Client accepts any and all risks, foreseeable or unforeseeable. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrolment in the Program. The Company assumes no responsibility for errors or omissions that may appear in any of the program materials.
NON-DISPARAGEMENT.
The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
ASSIGNMENT. Client may not assign this Agreement without the express written consent of Company. MODIFICATION. Company may modify terms of this agreement at any time. All modifications shall be posted on Stellar Media & Consulting's website and purchasers shall be notified.
TERMINATION.
The Company is committed to providing all clients in the Program with a positive Program experience. By purchasing this product, Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Program without refund or forgiveness of monthly payments if Client becomes disruptive to Company or Participants, Client fails to follow the Program guidelines, is difficult to work with, impairs the participation of the other participants in the Program or upon violation of the terms as determined by Company. Client will still be liable to pay the total contract amount.
INDEMNIFICATION. Client shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors 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 the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or wilful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company. In consideration of and as part of my payment for the right to participate in Wicked Awesome Media Programs, the undersigned, my heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge Stellar Media & Consulting and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of the training instructors, guides, staff or students taking part in the training in any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releasees”) of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs.
RESOLUTION OF DISPUTES. If not resolved first by good-faith negotiation between the parties, every controversy or dispute relating to this Agreement will be submitted to the American Arbitration Association. All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within sixty (60) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the sixty (60) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Client, Client is responsible for any and all arbitration and attorney fees.
EQUITABLE RELIEF. In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.
NOTICES. Any notices to be given hereunder by either Party to the other may be affected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by fax or email. Email: [email protected]. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance. This Agreement constitutes and contains the entire agreement between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter. This Agreement shall be governed by and construed in accordance with the laws of the State of California, United States of America.
Earnings disclaimer: Every effort has been made to accurately represent this product and its potential. This site and the products offered on this site are not associated, affiliated, endorsed, or sponsored by Facebook, nor have they been reviewed, tested or certified by Facebook. There is no guarantee that you will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our product, ideas and techniques. We do not position this product as a “get rich scheme.” Any claims made of actual earnings or examples of actual results can be verified upon request. Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, ideas and techniques mentioned, your finances, knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success or income level. Nor are we responsible for any of your actions. Materials in our product and our website may contain information that includes or is based upon forward-looking statements within the meaning of the Securities Litigation Reform Act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance. Any and all forward looking statements here or on any of our sales material are intended to express our opinion of earnings potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s, in fact no guarantees are made that you will achieve any results from our ideas and techniques in our material. If you do not understand or agree with any of these conditions, please do not order this material. If you require further clarification, please contact [email protected]. © Stellar Media & Consulting
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