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BUSINESSCREDITCOACHING.COM

CONTRACT  TERMS AND CONDITIONS

 

 This Agreement (hereinafter referred to as “Agreement”) is entered into by the undersigned (hereinafter “Customer”) and BCC Services, Incorporated.,a Colorado corporation (“Company”), and describes the terms and conditions applicable to Customer’s purchase and use of the “Business Credit Coaching Program” (hereinafter called “Product”).

 

The Parties agree as follows:

1. Services; Terms and Conditions: Company agrees that the Company will provide to the Customer the “Business Credit Coaching Program” (hereinafter called “Product”) in accordance with the terms and conditions of this agreement. 

2. Credit: The undersigned (hereinafter “Signer”) authorizes Company to check the personal and business credit history of Signer and further authorizes any such credit reporting agency to provide credit information about the Signer and/or Customer to Company. Signer and Customer agree that the Company may share Signer’s and/or Customer’s payment record with the appropriate business credit reporting agencies, including Dun & Bradstreet and Experian Business, and personal credit reporting agencies, including Equifax, Transunion and Experian, reporting each instance Signer and Customer fails to make any payment to the Company pursuant to paragraph 4 below, on or before the date each such payment is required to be made hereunder. Company has the right to establish credit limits and terms, require deposits, advance payments or to cancel this agreement if Customer’s and/or Signer’s credit history proves to be unsatisfactory, in Company’s sole, but commercially reasonable, discretion.

3. Duration of Agreement: The term of this agreement shall commence upon the execution of this Agreement and shall terminate upon the date that the final phase of the Program has been released to Customer. Any cancellation of this Agreement shall be made in accordance with paragraph 6.

4. Payment:

  A. Customer agrees to pay $149 on the day of first payment for the purchase of the Program. Notwithstanding, Customer may elect to defer the purchase price of the Program. Should Customer elect to defer the purchase price, Customer agrees to pay 6 equal installments of $149.00. The first installment shall be due on the day of first payment and each subsequent payment shall be due every one month thereafter. Please note the total price for the Services shall be equal to $894.00 should Customer elect to make installment payments;

 B. Customer agrees that the Company will debit Customer’s credit card provided by Customer at the execution of this Agreement for all amounts due for the purchase of the Program. By entering into this Agreement, Customer hereby expressly authorizes and directs the Company to debit from Customer’s credit card each such installment amount on or after the date due;

 C. If the Company does not receive the full amount scheduled to be debited by the date due, the Company may assess a late charge not to exceed 1.5% per month of any such overdue amount. If Customer fails to pay any installment within thirty (30) days of the due date, in addition to each and every remedy available to the Company at law or equity, the Company may exercise the following rights:

1. The Company may accelerate the full and immediate payment of all amounts due under this agreement; or 2. The Company may suspend or cancel its obligation to provide the remaining phases of the Program to Customer;

 D. Customer agrees that if any installment payment should be declined by Customer’s credit card issuer upon the date such payment is due and charged by the Company, Customer agrees that Company shall have the ability to debit Customer’s credit card as many times as the Company may elect and for such denominations the Company so elects not exceeding the installment then due;

 E. The Company may in its sole discretion elect to debit Customer’s credit card after the date such payment is actually due, but will make such debit within a reasonable time from the date due;

 F. All payments collected will be applied first to the oldest balances should payment be sent to the Company by Customer.

5. Limitation of Liability. CUSTOMER AGREES THAT THE COMPANY, ITS SUCCESSOR AND/OR ASSIGNS, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES AND AGENTS SHALL NOT BE LIABLE FOR LOST PROFITS, DIRECT OR INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR CONTINGENT DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHATSOEVER OR THE PARTIES OBLIGATIONS HEREUNDER AND PUBLISHER’S LIABILITY SHALL IN ALL CASES BE LIMITED TO THE PRICE OF THE SERVICES IN QUESTION PAID BY CUSTOMER. IN NO EVENT WILL COMPANY ITS EMPLOYEES, AFFILIATES OR AGENTS BE LIABLE TO CUSTOMER FOR ANY OTHER DAMAGES INCLUDING, BUT NOT LIMITED TO, ALLEGED LOSS OF BUSINESS, REVENUES OR PROFITS. CUSTOMER UNDERSTANDS THAT THIS LIMITATION OF LIABILITY WILL APPLY TO ANY CLAIM AGAINST COMPANY ITS EMPLOYEES, AFFILIATES AND AGENTS, INCLUDING, BUT NOT LIMITED TO, CLAIMS BASED ON BREACH OF CONTRACT, TORT (SUCH AS NEGLIGENCE) OR STRICT LIABILITY OR STATUTE.

6. Cancellation/Notices To Company: With respect to the purchase of the Product, Customer may cancel said purchase and otherwise cancel this Agreement upon written notice to Company given prior to the fifth (5th) day after Customer signs this Agreement. Customer shall give any written notice to Company required by this Agreement by certified mail, return receipt requested, reputable overnight courier or hand delivery, and notices will be deemed to have been given, one (1) day after date of mailing or date of deposit with a reputable overnight courier, or on the day of delivery if delivered by hand. Any such notice shall be addressed to: BCC Services, Incorporated.,1300 River Club Dr Ne, Conyers, GA 30012.

7. Force Majeure: Company shall not be liable to Customer for any failure of the Product resulting from events beyond Company’s control, including fire, accident, acts of God, strike, power or electric failure, internet or connectivity failure or the inability to obtain access to any web site included in the Product.

8. Successors and Assigns; Entire Agreement: Customer acknowledges having entered into this Agreement without relying upon any promises, statements, estimates, representations, warranties, conditions or other inducements, expressed, implied, oral or written, not specifically set forth herein. This Agreement contains the entire understanding between the parties with regard to Customer’s purchase of the Product and shall bind the parties and their respective successors and assigns. Customer may not assign its rights hereunder without the prior written consent of Company, and no such assignment shall relieve Customer of its liability hereunder. Notwithstanding the foregoing, Customer acknowledges and agrees that the terms and conditions contained in the Site User Agreement agreed to by Customer governing Customer’s use and/or membership on the Company’s website, www.businesscreditcoaching.com, remains in full force and effect.

9. Company’s Additional Representations and Warranties. Company represents, warrants and covenants that Company has the necessary rights to provide all information provided under the Agreement (including all content, data, data feeds, listings, titles, URLs, descriptions, etc.) for use as described in the Agreement, and that all such information and all claims, statements, products and services contained or referenced therein : (a) do not violate any law, statute, ordinance, treaty or regulation or policy or guideline of Company; and (b) the Product will be free of viruses, Trojan horses, trap doors, back doors, worms, time bombs, cancelbots or other computer programming routines that damage, interfere with, intercept or expropriate any system data or personal information of customer

10. Collection Expense: In the event Company refers Customer’s account to a collection agency or attorney due to a non-payment, Customer will be liable for all of the Company’s reasonable costs and expenses incurred in connection with Customer’s non-payment, including, without limitation, court costs, filing fees and reasonable attorneys’ fees (plus interest accrued thereon). 

11. Miscellaneous:

 A. The individual signing this agreement on behalf of Customer represents and warrants that he or she is authorized to sign as an owner, officer, partner, or employee of Customer ant that he or she is empowered to bind Customer to the term and conditions contained herein;

 B. If any provision of this Agreement is held to be unenforceable, such holding shall in no way invalidate any other provision hereof, and this agreement shall remain in full force and effect;

 C. This Agreement may be executed and delivered in any number of counterparts, and all such counterparts shall constitute the same instrument. Customer understands and agrees that an authentic copy or electronic reproduction of this agreement shall have same force and effect as an original counterpart;

 D. This agreement supersedes any other verbal or written agreement between Customer and Company. This Agreement may not be changed except by a writing signed by an authorized signatory of Customer and Publisher;

 E. This Agreement shall be construed in accordance with, and governed in all respects by, the laws of the State of Colorado, without regard to conflicts of law principles. The Dute County Superior Court, located in Dute County, Colorado shall serve as the exclusive forum and venue to resolve any and all claims, suits, controversies, demands or disputes arising out of or relating directly or indirectly to this Agreement and the parties expressly consent to the jurisdiction of the Dute County Superior Court by virtue of this Agreement;

 F. The waiver by the Company of a breach of any provision of this Agreement by Customer shall not operate or be construed as a waiver of any other or subsequent breach by Customer.

12. Authority; Persons Obligated; Signer Personally Obligated: The Signer agrees that he/she has the authority and is signing this agreement: (1) in his/her individual capacity; and (2) as a representative of the Customer. By his/her execution of this agreement, the Signer personally and individually undertakes, assumes and guarantees, jointly and severally with the Customer, the full performance of this agreement, including payment of all amounts due hereunder.

 

 

 BY CLICKING BELOW CUSTOMER AGREES TO BE BOUND BY THE TERMS CONTAINED HEREIN AND ACKNOWLEDGES THAT THIS IS A LEGALLY BINDING AGREEMENT BETWEEN CUSTOMER AND THE COMPANY.