Rapid Transformation Accelertor  TERMS AND CONDITIONS

 

INTERPRETATION.

Definitions. In these Conditions, the following definitions apply: Client: the person or company purchasing the Program from Derek Karl Borthwick All Rights Reserved, Client: the person or company purchasing the program from Expert accelerator is: 

 

Commencement Date: the date that Rapid transformation Accelerator commences provision of the Program to the Client in accordance with clause 2.1 below Contract: the contract between Derek Kark Borthwick All Rights Reserved and the Client for the supply of a Program comprising of the Order and these Conditions Derek Karl Borthwick All Rights Reserved operating in private. The Materials: all documents, guides, booklets, digital or physical products, equipment, content across Rapid Transformation Accelerator's platform and any other proprietary information relating to the Program which are provided by Rapid Transformation Accelerator to the Client. Fees: the fees payable by the Client for the supply of a Program in accordance with clause 5. Data Protection Addendum: means the addendum here to identifying certain respective rights and obligations of the parties’ in respect of personal data and privacy under the Contract (as updated from me to me). Affiliate means, in respect of any entity, any entity that directly or indirectly controls, is controlled by or is under common control with that entity within the meaning set out in sec on 1124 of the Corporation Tax Act 2010; Client Data means all data (in any form) that is provided to  or uploaded or hosted on any part of any Program by the Client or by any Authorised User; Data Protection Losses has the meaning given to that term in the Data Protection Addendum; Protected Data has the meaning given in the Data Protection Addendum;

2. BASIS OF CONTRACT

2.1 The Contract constitutes the entire agreement between the parties. The Client acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of Rapid Transformation Accelerator which is not set out in the Contract. These Conditions apply to the Contract to the exclusion of any other terms that the Client seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. Rapid Transformation Accelerator is under a legal duty to supply goods and services at agreed times that are in conformity with the contract; 2.2 Any sample materials, descriptive matter or advertising issued by Rapid Transformation Accelerator, and any descriptions or illustrations contained in Rapid Transformation Accelerator Facebook page’s or brochures are issued or published for the sole purpose of giving an approximate idea of a Program and the Programs offered by Rapid Transformation Accelerator. They will not form part of the Contract or have any contractual force. 2.3 :The client understands once they have been accepted into the programme that they are obliged to pay the full amount of the Expert Excellerator in payment one payment of $2995 or in two recurring $1250 three monthly installments of 3k. 2.4:The client understands that once this programme has begun it will not be refunded partially or in totality. The program is a 3 month program with multiple components, it is the clients responsibility to make use of all the components within that time period, separate and individual components are not refundable, transferrable or interchangeable. Your account with us cannot be transferred to another client or sold to another client. 2.5 the program cannot be extended over the 3 month period.

2.6. If any account remains overdue after 30 days then an amount of the greater of £20 or 10% of the amount overdue(up to a max of £200) shall be levied for administration fees which some shall become immediately due and payable.

3. THE PROGRAMS

3.1 Rapid Transformation Accelerator will supply a Program to the Client and Rapid Transformation Accelerator warrants to the Client that such Program has been prepared using reasonable care and skill. Expert Accelerator provides no guarantee that a Program will provide any results for the Client. 3.2 Rapid Transformation Accelerator will use reasonable endeavours to meet any dates in relation to supporting the program but any such dates will be provisional only and may be subject to change at the discretion of Rapid Transformation Accelerator, date changes will be communicated always with Clients with no liability attaching to Expert Accelerator in respect of such changes.

3.3 Rapid Transformation Accelerator will have the right to make any changes to the support of a Program which do not affect the nature of the Program 

3.4 The Client shall (and shall ensure all Authorised Affiliates and Authorised Users shall) at all times comply with all applicable laws relating to the use or receipt of the Program, including laws relating to privacy, data protection and use of systems and communications.

3.5 Rapid Transformation Accelerator must ensure the program consists of the training videos in the Members Area (these are subject to change and may be updated at any time), access to live Question and Answers with Derek Karl Borthwick and any other experts so deemed fit and appropriate at the time, access to recordings of the live Question and Answers and access to a private Members Only Facebook Group.

The Client may submit coaching help requests via the Members Area and can expect a response within a timely matter. Within two working days depending on the nature of the request. The response may be provided by Derek Karl Borthwick or other expert deemed suitable at the time.

The Client shall have access to the training videos (including any updates) and Question and Answer recording updates for as long as Derek Karl Borthwick is still providing and maintaining the Rapid TransformationAccelerator Program.  Live Question and Answers will not be supported after the 3 month start date of the program. You will also be removed from the FB group.

Expert Accelerator reserves the right to make any changes to what the program consists of that do not affect the nature of the Program delivered.

 

4. CLIENT’S OBLIGATIONS

4.1 The client will: a)ensure that the terms of the Order a) are complete and accurate; b)cooperate with Rapid Transformation Accelerator in all matters relating to a Program; c)pay the Fees strictly in accordance with the payment schedule set out in the Order; d)provide Rapid Transformation Accelerator with such information and materials as Rapid Transformation Accelerator may reasonably require in order to support a Program and ensure that such information is accurate in all material respects; (e) not use a Program or Rapid Transformation Accelerator Materials for any purpose other than that which has been expressly authorised under the Contract, (f) respect the privacy rights of any other participants in a Program; g)permit Rapid Transformation Accelerator to use any examples of the clients in the online updated curriculum or in Rapid Transformation Accelerator marketing h)permit Rapid Transformation Accelerator to include information or video footage highlighting any benefits which the Client’s business has obtained from using a Program and in this regard, the Client hereby grants to Rapid Transformation Accelerator a royalty-free, perpetual license to use any intellectual property rights of the Client for this purpose. 4.2 If Rapid Transformation Accelerator performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the client or failure by the Client to perform any obligation (Client Default), Rapid Transformation Accelerator, without limiting its other rights or remedies, will (a) have the right to suspend offering support of a Program until the Client remedies the Client Default, and to rely on the Client Default to relieve it from the performance of any of its obligations to the extent the Client Default prevents or delays Rapid Transformation Accelerator performance of any of its obligations.

4.3 Client must not share any materials or program content or log in details with anybody without the consent of another EA team member.

5. INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in or arising out of or in connection with a Program and Rapid Transformation Accelerator Materials will be owned by Expert Accelerator. Expert Accelerator hereby grant the Client with a revocable, nonexclusive royalty free licence to use  Materials for the dura on of a Program.

6. LIMITATION OF LIABILITY AND DISCLAIMERS:

6.1 Rapid Transformation Accelerator will under no circumstances whatever be liable to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract. 6.2 Rapid Transformation Accelerator does not provide any legal, tax, financial or accounting advice and any information provided to the Client as part of a Program is not intended to constitute such advice.

7. DURATION AND TERMINATION

7.1 The Contract will continue unless and until terminated in accordance with clause 7.2. 7.2 Rapid Transformation Accelerator shall be entitled to terminate the provision of the Service and/or the Contract by giving written notice to the Client, at any time, without penalty.

8. DATA AND INFORMATION

8.1 Client Data shall at all times remain the property of the Client or its licensors. 8.2 Except to the extent Rapid Transformation Accelerator has direct obligations under data protection laws,. The Client shall ensure (and is exclusively responsible for) the accuracy, quality, integrity and legality of the Client Data and that its use (including use in connection with the Program) complies with all applicable laws and Intellectual Property Rights. 8.3 If Rapid Transformation Accelerator becomes aware of any allegation that Client Data may not comply with the Acceptable Use Policy Rapid Transformation Accelerator shall have the right to permanently delete Client Data which is suspected of being in breach of any of the foregoing from the Programs and/or disclose Client Data to law enforcement authorities (in each case without the need to consult the Client). Where reasonably practicable and lawful Rapid Transformation Accelerator shall notify the Client before taking such ac on. 8.4 Within 60 days of the earlier of the end of the provision of the Program (or any part) relating to the processing of the Client Data, unless otherwise set out in the Contract or subsequently agreed in writing, the Client hereby instructs that Rapid Transformation Accelerator shall securely dispose of such Client Data processed in relation to the Program (or any part) which have ended except to the extent that any Applicable Law (as defined in the Data Protection Addendum) requires Rapid Transformation Accelerator to store such Client Data.

9. CONFIDENTIALITY AND SECURITY OF CLIENT DATA

9.1 Rapid Transformation Accelerator shall maintain the confidentiality of the Client Data and shall not without the prior written consent of the Client or in accordance with the Contract, disclose or copy the Client Data other than as necessary for the performance of the Program or its express rights and obligations under the Contract. 9.2 Rapid Transformation Accelerator shall implement technical and organisational security measures in accordance with [the Information Security Addendum]. 9.3.1 Rapid Transformation Accelerator undertakes to disclose the Client Data only to those of its officers, employees, agents, contractors and direct and indirect subcontractors to whom, and to the extent to which, such disclosure is necessary for the purposes contemplated under the Contract or as otherwise reasonably necessary for the provision or receipt of the Program, and 9.3.2 shall be responsible to the Client for any acts or omissions of any of the persons referred to in clause 9.3.1 in respect of the confidentiality and security of the Client Data as if they were Rapid Transformation Accelerator’s own. 9.4 The provisions of this clause 9 shall not apply to information which: 9.4.1 is or comes into the public domain through no fault of Rapid Transformation Accelerator, its officers, employees, agents or contractors; 9.4.2 is lawfully received by Rapid Transformation Accelerator from a third party free of any obligation of confidence at the time of its disclosure; 9.4.3 is independently developed by Expert Accelerator (or any of its Affiliates or any person ac ng on its or their behalf), without access to or use of such information; or 9.4.4 is required by law, by court or governmental or regulatory order to be disclosed, that clauses 9.4.1 to 9.4.3 (inclusive) shall not apply to ProtectedData. 9.5 This clause 9 shall survive the termination or expiry of the Contract for a period of 10 years. 9.6 To the extent any Client Data is Protected Data, Rapid Transformation Accelerator shall ensure that such Client Data may be disclosed or used only to the extent such disclosure or use does not conflict with any of Rapid Transformation Accelerator's obligations under the Data Protection Addendum. Clauses 9.1 to 9.5 (inclusive) are subject to this clause 9.6.

10. GENERAL

10.1 From the date the Contract commences any behaviour displayed by the Client that Rapid Transformation Accelerator deems as disruptive, threatening, abusive or untenable in anyway, either in person, via email, via social media or any other forms of means of communication either directed at Rapid Transformation Accelerator, Rapid Transformation Accelerator’s other clients, Rapid Transformation Accelerator team members or associates may result in the Client being denied access to the Facebook group and all other aspects of support to the Program. All remaining fees would remain payable and any monies for the Program will be non-refundable. 10.2 Assignment and subcontracting: The Client will not, without the prior written consent of Rapid Transformation Accelerator, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract 10.3 Waiver: A waiver of any right under the Contract is only effective if it is in writing and will not be deemed to be a waiver of any subsequent breach or default. 10.4 Variation: Except as set out in these Conditions, any variation, including the introduction of any additional terms and conditions, to the Contract, will only be binding when agreed in writing and signed by Expert Accelerator 10.5. Rapid Transformation Accelerator gives no warranties of any kind, whether express or implied, for the service it provides under the Contract. Use of any information obtained via Programs is at the Client’s own risk. Rapid Transformation Accelerator makes no warranties whether express or implied as to the accuracy or quality of information obtained through its services. 10.6 Complaints: Please contact support@power2mindacademy.com and we will respond in a timely manner. We don’t currently subscribe to an alternative dispute resolution (ADR) scheme as we’re confident we will always attempt to resolve any complaint professionally and courteously. If you’ve been in touch and are unhappy with our resolution, please let us know. If you remain unhappy with any final resolution, we’re required to let you know about ADR. The full list of ADR providers, and more information on ADR, can be found on the Chartered Trading Standards Institute (CTSI) website. The list of ADR providers is regulated by the CTSI. If you need advice or wish to report problems with goods or services, bought from a trader based in the UK, the appropriate advice agency is the Citizens Advice Consumer Service which can be contacted on 03454 04 05 06 or from a similar advice agency in the country you abide in.

 

Rapid Transformation Accelerator