Email Marketing Jump Start Package Services Agreement and Terms of Use

This Services Agreement (this “Agreement”), in effect at time of purchase, is by and between Online Business Ambitions LLC and the purchaser, (“Customer” and together with Service Provider, the “Parties”, and each a “Party”).

WHEREAS, Service Provider has the capability and capacity to provide certain email marketing setup services; and

WHEREAS, Customer desires to retain Service Provider to provide said services, and Service Provider is willing to perform such services under the terms and conditions hereinafter set forth;

NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Service Provider and Customer agree as follows:

1. Services.

Service Provider shall provide to Customer the services (the “Services”) set out in the statement of work, which is attached hereto as Exhibit A (the “Statement of Work”). The Statement of Work shall not be modified or expanded except by written agreement of the Parties.

2. Fees and Expenses

  • 2.1 In consideration of the provision of the Services by the Service Provider and the rights granted to Customer under this Agreement, Customer shall pay a single payment of $139.00 plus any taxes required at the time of purchase in accordance with the laws and regulations of the state or region of the Customer. Payment to Service Provider of such fees shall constitute payment in full for the performance of the Services.
    • 2.1.1 REFUND POLICY:All sales are final with the following exception:
      • Denial of Customer ConvertKit account creation by ConvertKit LLC, Boise, Idaho, USA. Refund shall require proof of denial to be submitted to Service Provider by Customer.
    • 2.2 In the event that Customer fails to make any payment required by this Agreement, Service Provider shall immediately cease all work until payment is made.

3. Limited Warranty and Limitation of Liability.

  • 3.1 Service Provider warrants that it shall perform the Services:
    • In accordance with the terms and subject to the conditions set out in the Statement of Work and this Agreement.
    • Using personnel of commercially reasonable skill, experience and qualifications.
    • In a timely, workmanlike, and professional manner in accordance with generally recognized industry standards for similar services.

4. Confidentiality.

From time to time during the Term of this Agreement, either Party (as the “Disclosing Party”) may disclose or make available to the other Party (as the “Receiving Party”), non-public, proprietary, and confidential information of Disclosing Party that, if disclosed in writing or other tangible form is clearly labeled as “confidential,” is identified as confidential when disclosed, or which the Receiving Party should reasonably know to be confidential (“Confidential Information”); provided, however, that Confidential Information does not include any information that: (a) is or becomes generally available to the public other than as a result of Receiving Party's breach of this Section 7; (b) is or becomes available to the Receiving Party on a non-confidential basis from a third-party source, provided that such third party is not and was not prohibited from disclosing such Confidential Information; (c) was in Receiving Party's possession prior to Disclosing Party's disclosure hereunder; or (d) was or is independently developed by Receiving Party without using any Confidential Information. The Receiving Party shall: (x) protect and safeguard the confidentiality of the Disclosing Party's Confidential Information with at least the same degree of care as the Receiving Party would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care; (y) not use the Disclosing Party's Confidential Information, or permit it to be accessed or used, for any purpose other than to exercise its rights or perform its obligations under this Agreement; and (z) not disclose any such Confidential Information to any person or entity, except to the Receiving Party’s Group who need to know the Confidential Information to assist the Receiving Party, or act on its behalf, to exercise its rights or perform its obligations under this Agreement.

If the Receiving Party is required by applicable law or legal process to disclose any Confidential Information, it shall, prior to making such disclosure, use commercially reasonable efforts to notify Disclosing Party of such requirements to afford Disclosing Party the opportunity to seek, at Disclosing Party's sole cost and expense, a protective order or other remedy.

5. Term and Termination.

  • 5.1 This Agreement shall commence as of the Purchase Date and shall continue thereafter until the completion of the services, unless sooner terminated pursuant to Section 5.2 or Section 5.3.
  • 5.2 Either Party may terminate this Agreement, effective upon written notice to the other Party (the “Defaulting Party”), if the Defaulting Party:
    • Materially breaches this Agreement, and such breach is incapable of cure, or with respect to a material breach capable of cure, the Defaulting Party does not cure such breach within 15 days after receipt of written notice of such breach.
    • Becomes insolvent or admits its inability to pay its debts generally as they become due.
    • Becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency law, which is not fully stayed within seven business days or is not dismissed or vacated within 45 business days after filing.
    • Is dissolved or liquidated or takes any corporate action for such purpose.
    • Makes a general assignment for the benefit of creditors.
    • Has a receiver, trustee, custodian, or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material portion of its property or business.
  • 5.3 Service Provider may terminate this Agreement before the expiration date of the Term on written notice if Customer fails to pay any amount when due hereunder and such failure continues for 15 days after Customer's receipt of written notice of nonpayment.

6. Limitation of Liability.

IN NO EVENT SHALL SERVICE PROVIDER BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

7. Entire Agreement.

This Agreement, including and together with the attached Statement of Work constitutes the sole and entire agreement of the Parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

8. Severability.

If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

9. Amendments.

No amendment to or modification of this Agreement is effective unless it is in writing and signed by each Party.

10. Waiver.

No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

11. Assignment.

Customer shall not assign, transfer, delegate or subcontract any of its rights or delegate any of its obligations under this Agreement without the prior written consent of Service Provider. Any purported assignment or delegation in violation of this Section 11 shall be null and void. No assignment or delegation shall relieve the Customer of any of its obligations under this Agreement.

12. Relationship of the Parties.

The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.

13. No Third-Party Beneficiaries.

This Agreement benefits solely the Parties to this Agreement and their respective permitted successors and assigns and nothing in this Agreement, express or implied, confers on any other Person any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
14. Choice of Forum.
Each Party irrevocably and unconditionally agrees that any dispute arising under or related to this Agreement shall be resolved exclusively through arbitration to be held in the State of Connecticut under the rules of the American Arbitration Association. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of such arbitration and agrees to bring any such dispute only in such forum. Each Party agrees that a final judgment by such arbitration is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
15. Counterparts.
This Agreement may be executed in counterparts, each of which is deemed an original, but all of which together are deemed to be one and the same agreement.
16. Force Majeure.
The Service Provider shall not be liable or responsible to Customer, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Service Provider including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage, provided that, if the event in question continues for a continuous period in excess of 15 days, Customer shall be entitled to give notice in writing to Service Provider to terminate this Agreement.

17. EXECUTION OF AGREEMENT.
BY VIRTUE OF PURCHASE BY THE CUSTOMER, the parties hereto will have caused this Agreement to be executed at the TIME OF PURCHASE.
EXHIBIT A - STATEMENT OF WORK.
The following services shall be provided by the Service Provider to the Customer:
  • ConvertKit account creation assistance.
    • The Customer shall initiate creation of their ConvertKit account on their own and pay for it via their own funds.
    • In the event the Customer requires assistance in the creation of their ConvertKit account, the Service Provider will enable creation of the Convert account under the direction of the Customer. The ConvertKit account shall be paid for by the funds of the Customer and not the Service Provider. Per Section 6 of the Agreement, the Service Provider shall in no way be held responsible for any financial loss or any damages by the Customer as a result of assisting the customer with the creation of their ConvertKit account.
  • Creation and Setup of One (1) Opt-in Page.
    • Upon being granted team access, with appropriate administrative privileges, to the Customer's ConvertKit account, the Service Provider will create and setup one opt-in page for collecting email addresses and any other standard lead data the Customer requires (i.e. name, phone, tags, etc.). The Service Provider and Customer shall work in good faith to agree on an opt-in page template that best serves the Customer's business.
    • The opt-in page will be modified and adjusted accordingly, under the direction of the Customer, using any images the Customer provides that are in accordance with standard copyright laws. Additionally, the Service Provider will publish the opt-in page either as a page on the Customer's WordPress website (via the ConvertKit WordPress plugin which may be installed by either the Customer or Service Provider) OR as a standalone page, hosted by ConvertKit. Note: The Customer will need to grant access to their WordPress back-end to the Serice Provider for the publishing of the opt-in page on the Customer's web site to occur.
    • If the Customer's website is not using the WordPress Content Management System (i.e. using Squarespace, Wix, etc.), the Customer shall be responsible for publishing the opt-in form on their website, if they choose that option versus having the opt-in page hosted by ConvertKit.
  • Opt-in Page Integration, Connection and Delivery of Lead Magnet.
    • The Service Provider shall connect and integrate the opt-in page with the Customer's email list on the ConvertKit platform. This will cause email address form submissions on the opt-in page to result in the form submitter's data to be populated on the Customer's email list.
    • The Service Provider shall create and setup the Customer's email list on the ConvertKit account if requested.
    • Additionally, the Service Provider will setup a welcome email and a lead magnet delivery mechanism (if requested). Note: The lead magnet content and file and the welcome email content must be provided by the Customer. If requested, the Service Provider will provide subjective guidance on lead magnet and welcome email content creation.
    • Once connection, integration and lead magnet delivery have been enabled, the Service Provider will quality assurance test the process to ensure it works correctly. If quality assurance testing determines the process is not working correctly, the Service Provider will correct and retest until the process works correctly.
  • Email Sequence Setup and Delivery.
    • The Service Provider will setup and configure one (1) campaign which will automate delivery of a sequence of emails to the Customer's leads. The email content for the campaign will be provided by the Customer, with subjective guidance from the Service Provider if requested.
    • Once setup has been completed and configuration has been enabled, the Service Provider will quality assurance test the process to ensure it works correctly. If quality assurance testing determines the process is not working correctly, the Service Provier will correct and retest until the process works correctly.
  • List Maintenance Instructions and Q&A.
    • Lastly, the Service Provider will work in good faith and for a reasonable amount of time with the Customer to answer questions related to the setup, configuration and ongoing use and maintenance of their email marketing platform, with the intent to off-board the Service Provider and enable the Customer to be self-sufficient.

Online Business Ambitions Academy Terms of Use

1. Terms

By accessing this School, you are agreeing to be bound by these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this School are protected by applicable copyright and trademark law.

2. Use License

  1. Permission is granted to temporarily download one copy of any downloadable materials on the School’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
      1. modify or copy the materials;
      2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
      3. attempt to decompile or reverse engineer any software contained on the School’s web site;
      4. remove any copyright or other proprietary notations from the materials; or
      5. transfer the materials to another person or 'mirror' the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

The materials on the School’s website are provided 'as is'. The School makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the School does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall the School be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the School’s website, even if the School or an authorized of the School has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on the School’s website may include technical, typographical, or photographic errors. The School does not warrant that any of the materials on its web site are accurate, complete, or current. The School may make changes to the materials contained on its web site at any time without notice. The School does not, however, make any commitment to update the materials.

6. Links

The School has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the School of the site. Use of any such linked website is at the user's own risk.

7. Site Terms of Use Modifications

The School may revise these Terms of Use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms of Use.

8. Governing Law

Any claim relating to the School’s website shall be governed by the laws of the School Owner’s home jurisdiction without regard to its conflict of law provisions.