Startup Success Formula

INTERPRETATION

• “Conditions” means these terms and conditions set out in clause 1.
• “Contract” means the contract between the Customer and the Supplier for the supply of the Courses in accordance with the Contract Details and these Conditions.
• “Courses” means the courses run by the Supplier as further set out in the Contract Details.
• “Intellectual Property Rights” means patents, rights to inventions, copyright and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
• “Price” means the price payable by the Customer for the provision of the Courses by the Supplier, as set out in the Contract Details.
•  Unless expressly provided otherwise in this Contract, a reference to legislation or a legislative provision

1.0 OUTLINE OF AGREEMENT

• The Contract shall commence on the date it has been signed by the client (Commencement Date).
• Payment of invoice deems acceptance of terms and conditions
• The Customer has entered into this contract in order to receive the Courses which are designed to impart knowledge in relation to their business.
• This contract is made up of the following:

1. Contract Details.
2. Terms and Conditions.

If there is any conflict or ambiguity between the terms of the documents listed in paragraph 2.3, a term contained in a document higher in the list shall have priority over one contained in a document lower in the list.

2.0 SUPPLIER OBLIGATIONS

• The Supplier shall supply the contracted training programme within 24 months from the date of entering into the Contract.
• The Supplier will inform the Customer in a suitable manner via email if the date of the training programme is to be changed.

In supplying the Courses, the Supplier shall:

• Ensure that the training provided is carried out in a manner that is in accordance with Power Mindset Ltd standards for training.
• Ensure that the training modules delivered are that set out in the contract and as detailed on the invoice provided to the Customer.

The supplier reserves the right to amend the training programme contents and modules if they deem necessary to ensure the training provided is the most appropriate for the current market place. This can include revision of the length of the program, content delivered and the method of delivery – We reserve the right to operate the event from a virtual studio if circumstances require this

In the supply of the training programme the supplier makes no reference to the number of delegates in the training, The supplier can supply the programme however they deem necessary. No maximum capacity should ever be assumed by a Customer. The supplier has no upper limit on the number.

All marketing materials are for demonstration purposes only and are not to be deemed full and final in reference to the programme content.

The Customer must refer to the signed contract and the accompanying invoice as to what they can expect from the programme they purchased.

Locations of training programmes can be changed with suitable notice period without compensation

3.0 CUSTOMER’S OBLIGATIONS

The Customer shall:

• Accurately complete the paperwork with their full legal name and address. 
• Inform the Supplier of any changes to their personal contact details as soon as possible.
• Inform the Supplier immediately if there are any changes in their circumstances which will impact their obligations under their committed Contract.
• If they cannot attend, notify the Supplier of their non attendance via email to [email protected] no later than 7 days prior to the Course start date.
• If they fail to notify of their non attendance in the time frame detail in 4.1.6, the Customer acknowledges that they will forfeit their ticket to this event. They can pay a one off fee to attend the next event to the sum of £500 plus vat.
• Refrain from discussing specific details regarding the delivery, training content, or modules with non attendees of the event. 
• Refrain from displaying any content from the programmes, this includes screenshots, pictures, videos, PDF’s, manuals or personal notes taken from any event provided by the supplier. 
• Refrain from discussing any agreement made between the supplier and the Customer with any third party. This includes any social media platform, network or forum. The only exception to this is for purposes of legal intervention. 
• The Customer agrees to remain professional in all dealings with the supplier and any contracted staff of the supplier during the terms of this agreement. 
• The Customers agree to honour all agreements made under this agreement and contract. 
•  The Customer agrees to make sure all instalments for training programmes are paid no later than the due date.

4.0  TIME TO PAY MONTHLY INSTALMENTS

• The customer agrees to honour all payments in relation to the contract entered into and make all payments on time.
• This agreement starts on the date this contract is signed.
• The customers agrees to pay in full all instalments as per agreement set out in contract and invoice 
• The customer agrees to pay a £25 admin fee if we have to contact you to collect missed payments
• The customers is responsible for any costs associated with debt collection for any failed payments                                
• The customer acknowledges that Power Mindset Ltd will instruct Legal action to recover any breach of contract and missed payments and the costs for this will be added to the debt. 
• Failure to adhere to the terms of this contract will result in termination of online access until payments are up to date.
• If the customer fails on 2 x consecutive payments without prior arrangement then the contract will be passed to enforcement for immediate collection
• If this customer is facing financial difficulties and cannot honour the agreement please contact [email protected] for assistance.
• The Customer agrees to pay as per the agreement set out in the contract all amounts due on time as detailed in the contract.
• If the Customer fails to make a payment due to the Supplier under the Contract by the dates set out in the Contract Details, then, without limiting the Supplier’s remedies under clause 12 (Termination):
• The Customer shall pay 4% interest on all outstanding amounts 
• The full amount will become due and payable within 14 days. 
• The Customers acknowledge that they will be restricted from the training programmes online and live events 
• If the Customer attends any Course or part of a Course, before paying the Price for that Course or part

5.0 FINANCIAL RISKS

• The Customer acknowledged that the supplier can in no circumstances offer any form of guarantee, return on investment promise in reference to the training programme provided. The Customer acknowledges that they hold for responsibility and risk for any financial success they could achieve as a result of the training programme
• Any demonstration of financial success from previous students are for reference only and are not a representation of what the Customer can expect. The previous student successes are genuine and true however are in no way a promise, guarantee or indication to the success a Customer could expect from the programme.
• The client accepts full responsibility for the outcome of their training and will in no way pass blame to the company Power Mindset Ltd for any losses or lack of results

6.0 INTELLECTUAL PROPERTY RIGHTS

• The Supplier and its licensors shall retain ownership of all Intellectual Property Rights in or arising out of or in connection with the Courses.
• The Customer shall not use (other than during the Courses), copy, exploit, modify or otherwise make use of the Supplier’s Intellectual Property Rights.
• The customer shall not grant third party access to any of the training materials (physical or online materials) 
• The customer accepts that if they grant access or provide any of our IP training materials to a third party that the customer will be invoiced for the full retail cost of the items and will be given 30 days to make this payment 
• We will instruct legal action without delay for any breach of this agreement and all costs passed to the customer for the breach  

7.0 PRIVACY

• Each party agrees not to disclose the other party or any personal information regarding the other to any third party.
• The Customer agrees not to use our content in a training capacity whether this is a paid for or free manner for a period of 12 months after attending the training programme. 

8.0 GDPR

We will not share any information about our Customers with any third party except in circumstances where we need to liaise with contractors in order to provide the services the Customer has requested. The Customer agrees to allow filming and photography at our events. The Customer can opt out of this by email [email protected].

If we use any footage obtained from our events which include our Customers we are not obliged to compensate or reward the Customer in any way for the use of this footage.

9.0 LIABILITY

The Supplier’s total liability to the Customer (including liability in contract, tort (including negligence), breach of statutory duty, or otherwise), arising under or in connection with the Contract shall be limited to the total Price paid by the Customer to the Supplier.

The Supplier shall not be liable for the following: (a) Loss of profits (b) Loss of sales, investments or business, (c) Loss of agreements or contracts, (d) Loss of anticipated savings, (e) Loss of use or corruption of software, data or information, (f) Loss of or damage to goodwill, (g) any loss or damage which is indirect or a side effect of the main loss or damage and which the Customer and the Supplier could not anticipate nor expect to happen when the Courses started, for example if the Customer loses salary or any opportunity.

This clause shall survive termination of the Contract.

11.0 CUSTOMER TERMINATION

• The Customer may terminate the contract at any time by giving 7 days written notice to the Supplier at [email protected] given their intention to terminate. This request must be made via email – any other form of contact will NOT be accepted 
• A termination fee will apply for processing – This amount is 5% which is to cover payment transaction fees and other costs involved in your onboarding and sign up process. 

The following terms are agreed to by the Customer;

• The Customer can terminate their contract within seven days of entering into this contract subject to –

• The supplier can deduct reasonable expenses to cover termination including Customer acquisition costs, credit card processing fees and staff costs in time spent with the Customer during the onboarding process. This deduction is capped at a maximum amount of £150 which will be deducted from any refund automatically.
• The Customer refund will take place only once it has been approved by management 
• Refunds are processed on the 28th day of the following month once a refund has been approved.
• The Customer will be refunded to the original payment source account, the Customer may be asked to provide proof of payment.
• If a customer instructs a chargeback through their card provider then we reserve the right to reclaim any outstanding payment through any other means, this will likely include MCOL actions and court actions. 

12.0 TERMINATION OF CONTRACT – CONSUMER 

• This contract start date is the effective date when both parties sign the contract when purchased in person at a live event or when the customer agrees to the terms and conditions when purchasing through the website. By ticking the box the customer acknowledges that this is their acceptance of these terms and conditions and this is their responsibility to ensure they have read and understood these terms.
• The Customer can terminate the contract after 7 days but note that there is NO option for refund in any circumstance even if you have not attended or used the product or service.
• The Customer agrees that they are bound by the terms and conditions to pay the outstanding contracted amount if they terminate the contract after 7 days have passed from signing the contract
• On termination of the contract for whatever reason
• The Customer shall immediately pay to the supplier the investment as set out in the contract for the training already delivered and, where the Customer has terminated the agreement under 10.3, the Price of any programmes set out in the contract which have not yet been delivered
• The Customer shall return all material, manuals and items provided by the supplier if they terminate the contract
• Any provision of the contract that expressly or by implication is intended to come into or continue in force on or after termination or expiry of the contract shall remain in full force and effect
• Termination or expiry of the contract shall not affect any of the rights, remedies, obligations, or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the contract which existed at or before the date of termination or expiry.

13.0 TERMINATION OF CONTRACT – BUSINESS

• When entering into any agreement as a business user you are not covered under the consumer law
• No refunds will be issued in any circumstance when entering into a business to business agreement.
• Business to business agreements do not have any cooling off period.

14.0 COMPLAINTS, SOCIAL MEDIA & DEFAMATION

The Customer shall submit any feedback, questions, or complaints regarding the programmes, to the Supplier at [email protected]. The Customer shall refrain from publishing any complaints, comments or feedback on public media which is false or likely to cause serious harm to the reputation of the supplier company, any staff or contracted third parties.

15.0 GENERAL

Force Majeure

Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control. The supplier can postpone, relocate and alter any training programme in order to enhance and improve the training programme. If this occurs the Customer will be notified via email and not eligible for any compensation. 

16.0 ASSIGNMENTS & OTHER DEALINGS

The Customer shall not assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Contract without the Supplier’s prior written consent. The Supplier may at any time assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights under the Contract.

17.0 ENTIRE AGREEMENT

The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between them, whether written or oral, relating to its subject matter.

Each party acknowledges that in entering into the Contract it does not rely on and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.

No variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

18.0 WAIVER 

A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.

A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or bylaw shall prevent or restrict the further exercise of that or any other right or remedy.

19.0 Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible; the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause 14.6 shall not affect the validity and enforceability of the rest of the Contract.

20.0 Third party rights. The Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.

21.0 Governing law. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by, and construed in accordance with the law of England and Wales.

22.0 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation

Legal Entity – Power Mindset Ltd

Customer service – [email protected]