10-Call Package Terms & Conditions
This is an Agreement between Michaela Anderson, (“Consultant”) and you, the Client, for the 10-Call Package of Marketing Consulting Calls (“Services”).
All sales are final for this service. By clicking “Buy Now,” “Complete Order,” or any other phrase on the purchase button, entering your credit card information, or otherwise rendering payment (either in-full or partial) for the product for which these terms appear ("Product," “Service,” “Course,” and/or “Program”), you (“Client” and/or “Customer”) agree to be provided with products, programs, or services by Michaela Anderson ("Owner") or Asteri Pursuit (“Company”), and you are executing a legally binding agreement with the Company, subject to the following terms and conditions:
This Term of this Agreement shall be from the Effective Date described above and continue until ten (10) consulting calls have been completed or one year, whichever is sooner (“End Date”).
The Consultant is not an employee, partner business coach, business development manager, lawyer, accountant, psychiatrist, psychologist, therapist, accountant, public relations manager, doctor, counsellor, business operations manager, financial analyst, business executive, or agent of Client’s business. The Consultant may offer her opinion regarding financial decisions, but it is the responsibility of Client to make the final decision and choose the best option for his/herself.
Services Defined: The Consultant is a marketing strategist and copywriter who offers individual and business clients with advice and insight regarding marketing (herein collectively referred to as “Services”). Client understands that consulting is when an expert (aka, Consultant) provides specific insight and knowledge to a business, works with the Client to develop strategies, and carries out limited tasks in furtherance of those strategies. Consultant might also help Client think through and analyze business decisions and assist Client with finding his/her own direction. The Consultant may offer her opinion regarding business decisions, but it is the responsibility of Client to make the final decision and choose the best option for his/herself (“Consulting Services”).
Services do not include: 1) procuring business or potential clients for Client; 2) performing any business management services for Client, such as accounting, operations, research, or development; 3) legal advice and/or opinion of any kind regarding criminal or civil tax liabilities or investigations; 4) therapy sessions in the form of psychotherapy, psychoanalysis, or behavioural therapy; 4) publicity, public relations and/or social media marketing services; 5) legal or accounting advice; 6) introduction to Consultant’s professional network and business relationships; 7) creation or writing of marketing-related content or collateral; 8) posting, scheduling or managing Client’s social media or marketing channels.
Client hereby acknowledges that Client is solely responsible for the amount and type of income, if any, that Client generates as a return based upon documents provided to Consultant. Client also acknowledges that all documents provided to Consultant are originals or true and accurate copies, and agrees to provide all supporting documentation to Consultant to the best of Client’s knowledge.
- CONSULTANT’S RESPONSIBILITIES
Consultant’s Services as part of the Program include the following:
- Ten (10) 60-minute consulting calls with Consultant to create Client’s marketing strategy, determine audience segments, create customer journeys & build Client’s marketing plan.
- CLIENT’S RESPONSIBILITIES
Consultant has established her Program in order to educate Client and assist with lead generation, brand awareness, marketing and sales. However, Client hereby acknowledges that Contractor does not guarantee Client’s goals, whatever the goals may be, will be reached by completing and implementing the advice and techniques in the Program. Client accepts and agrees that Client is 100% responsible for his/her results from the Program. Client acknowledges that, as with any business endeavor and investment, there is an inherent risk associated. As such, Client agrees there is no guarantee that Client will attain his/her goals by simply completing the Program. Client also agrees that he/she is solely responsible for any decision to invest, advertise, or to abandon other opportunities in order to pursue Client’s business idea, and indemnifies Consultant from any liability regarding said decision. Client is solely responsible for making its/his/her own business decisions.
Nevertheless, Client acknowledges that he/she can optimize her potential results by adhering to the following:
- Completion of the entire Program;
- Thoughtful and meaningful participation in all calls with Consultant;
- Utilization of analytics, Consultant’s feedback and audit reports;
- Completion of all assignments between each call;
- Committing to the Program;
- Attending each call at the scheduled date, on time;
- Immediately rescheduling any calls if necessary and adhering to the rescheduled time and date;
- Taking 100% responsibility for Client’s results, 100% of the time.
Consultant has a strict rescheduling policy to respect the time and limited resources of all parties. All rescheduling requests must be made in writing no later than 24- hours prior to the scheduled call and must include a proposed time to reschedule. Failure to comply with this policy may result in forfeiture of the call with no money back.
(a) Upon execution of this Agreement, Client agrees to pay to the Company the full purchase amount for the Product, regardless of what payment option Client selects at checkout.
(b) If Client selects a payment plan option, Client authorizes Company to charge the card or account used at checkout to complete all payments pursuant to the payment plan.
(c) Company reserves the right to collect any and all monies owed by Client to Company for the Program, by any means necessary within the parameters of the law. The Client shall pay for any fees associated with recouping payment, including but not limited to, collections fees and attorneys’ fees.
Client has until the day of the first scheduled call to request a complete refund. Refund requests must be made by email and sent to [email protected].
Confidential Information -
Michaela Anderson takes pride in her proprietary information included in each Program. As such, Client agrees and acknowledges all Confidential Information shared through this Program and by the Consultant is confidential, proprietary, and belongs exclusively to Michaela Anderson.
“Confidential Information” includes, but is not limited to:
- Any systems, sequences, processes or steps shared with Client;
- Any worksheets, presentation or educational materials shared with Client;
- Any information disclosed in association with this Agreement;
- Any trade secrets in connection with the Program or Michaela Anderson business practices.
Consultant also agrees to protect Client’s “Confidential Information,” which may include, but is not limited to:
- Client’s analytics
- Client’s sales and financial figures
- Client’s marketing strategy, tactics, or tools
- Client’s trade secrets
From time to time, Michaela Anderson may use general statements about Client’s success as social proof and part of its marketing strategy. By signing this Agreement, Client agrees to Consultant sharing Client’s success stories as testimonials on Consultant’s website and/or social media.
10. INTELLECTUAL PROPERTY
This Product contains information that is the intellectual property belonging to Consultant and to third-parties that license some intellectual property to Consultant. Consultant provides Client with a non-exclusive, non-transferrable single-user license authorizing Client to use the materials for their individual purposes only. Client may not share, sell, re-use, reproduce, repurpose or otherwise distribute Company’s intellectual property without prior written consent from Consultant.
11. INDEMNIFICATION / LIMITATION OF LIABILITY
Consultant, from time to time, provides financial and business guidance as part of her Program. Client hereby acknowledges that Consultant is not liable for any injuries that may arise from Client’s personal decisions based off of his/her participation in this program, including but not limited to: a decision to start a business, any of Client’s business decisions, advertising budget decisions, business investments, selecting and hiring contractors, or any of Client’s financial decisions. Client hereby agrees to indemnify and hold harmless Consultant of any claims that may arise after participation in the Program.
(a) Amendments - We reserve the right to amend this Agreement from time to time. Any amendments must be agreed in writing and executed by both parties.
(b) Headings & Severability - Headings are included for convenience purposes only and shall not affect the construction of this Agreement. If any portion of this Agreement is held to be unenforceable, it shall not affect the remaining portions of the Agreement, which shall remain in full effect. If any portion of this Agreement is held to be unenforceable, then the unenforceable portion shall be construed in compliance with applicable law in a light most favourable to the original intentions of the parties. If the unenforceable portion of the Agreement is found by a competent court of this jurisdiction to be contrary to law, then it shall be changed and interpreted to best reflect the original intentions of the parties, and all other provisions shall remain in full force and effect.(c) Entire Agreement - This Agreement reflects the entire agreement between the parties. This Agreement trumps any other existing negotiations, communications or Agreements between the parties, whether written, oral, or electronic, and is the full extent of the Agreement between the parties.
(d) All Rights Reserved - All rights not expressly granted in this Agreement are reserved by us.
(e) Governing Law - Michaela Anderson is located in Ontario, Canada, and is subject to the applicable laws governing Ontario, Canada. The governing law for this agreement is the laws of Ontario.
(f) Arbitration - Any disputes arising under this Agreement shall first be resolved through a binding arbitration.