TERMS OF SERVICE
GENERAL SERVICE AGREEMENT
THIS GENERAL SERVICE AGREEMENT "the Agreement") IS BETWEEN:
- AND -
Agent Launch (the "Company") of 2055 Limestone Rd STE 200-C, Wilmington, DE 19808, United States
Client is of the opinion that the Company has the necessary qualifications, experience and abilities to provide services to the Client.
The Company is agreeable to providing such services to the Client on the terms and conditions set out in this Agreement.
Client acknowledges that for the purposes of this Agreement "Services" or "Coaching" means providing general business coaching, marketing services, team building services, recruitment services, or video editing services for real estate professionals online or in person that are provided under this Agreement.
IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Company (individually, the "Party" and collectively the "Parties" to this Agreement) agree as follows:
TERM OF AGREEMENT
The term of this Agreement (the "Term") will begin on the date that this Agreement is signed by both Parties, and will remain in full force and effect until at the dates provided in the Agreement, subject to earlier termination as provided in this Agreement. The Term of this Agreement may be extended with the written consent of the Parties.
Client agrees to pay the amount specified in their designated Agreement.
Client agrees that payment will be made by either credit card or ACH transfer to the Company payment processor.
Unless otherwise provided, all monetary amounts referred to in this Agreement are in USD (US Dollars).
TERMS OF SALE
Client agrees that there are other costs associated with executing the Services provided such as, but not limited to external software & external contracts and that Agent Launch bears no responsbility over.
Client agrees to pay Company for Services as agreed upon as per this agreement. Client agrees the service fee is to be paid in full in advance, unless states otherwise on this Agreement in the amount(s) specified.
Client agrees that their provided payment method will be charged on the agreed upon dates provided. Client also agrees that Company may withdraw smaller charges to the card on file for the purpose of recovering unpaid amounts owed by Client under the Agreement.
Client agrees that all notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Company at the following address: email@example.com and not to any employee, independent contractor, agent, consultant or client of Agent Launch.
Client agrees that all sales are final and non-refundable. Client is expected to participate and follow the instructions and guidance given by the Agent Launch team. Company reserves the sole right to consider refunds at Company discretion. Client agrees not to request, advise, file a claim, or seek Client’s bank or credit card company for a chargeback for consideration paid under this Agreement. Client agrees to waive any rights Client may have under applicable state and federal truth in lending laws or otherwise (including, but not limited to, under Client’s credit card issuer’s procedures for resolving such disputes). Client agrees that any disputes that Client may have with respect to consideration paid hereunder must be addressed directly between Client and Company. If a chargeback occurs, Client shall have materially breached the Agreement and shall forfeit all deliverables under the Agreement. Company shall have no further obligation to Client. Further, the amount of the chargeback shall be subject to a finance charge in the amount of one and one-half percent (1.5%) per month until paid in full by Client. Further, Company shall be entitled to recover from Client all damages, and reasonable and necessary attorney fees, and costs associated with pursuing collection and/or recovery of the amount of the chargeback and the balance of this Agreement.
PRIVACY & CONFIDENTIALITY
Client agrees not to infringe any program participants or the Company's copyright, patent, trademark, trade secrets, or other intellectual property rights.
Client agrees that any confidential information shared by program participants or any representative of Company is confidential and proprietary.
Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with other program participants during program sessions.
Client agrees that the materials and information provided to you by the Company are its proprietary intellectual property belong solely and exclusively to the Company, and may only be used by you as authorized by the Company. The reproduction, distribution and sale of these materials by anyone but the Company is strictly prohibited.
NON-COMPETE & NON-SOLICITATION
Client agrees that during the Term of this Agreement, and for a term of twelve (12) months thereafter, Client shall not compete in any way with Company which includes or is not limited to working for another company that provides real estate sales, marketing, recruitment & training services, acting as an owner, principal, director, consultant, or shareholder in any Company that provides real estate sales, marketing, recruitment & training services.
Client agrees that during the Term of this Agreement and for a period of twenty-four (24) months after the date of termination of this Agreement, Client will not in any way, directly or indirectly: (i) induce or attempt to induce any employee, independent contractor, agent, consultant, customer or client of Company to terminate its relationship with Company; (ii) otherwise interfere with or disrupt Company’s relationship with its employees, independent contractors, agents, consultants and/or customers/clients; (iii) solicit, entice, or hire away any employee, independent contractor, agent, consultant, customer, or client of Company; or (iv) hire or engage any employee, independent contractor, agent, consultant, customer, or client of Company or any former employee, independent contractor, agent, consultant, customer or client of Company whose work or agreement with Company ceased less than one (1) year before the date of such hiring or engagement. Client acknowledges that any attempt on the part of Client to induce others to leave Company, or any effort by Client to interfere with Company’s relationship with its employees, independent contractors, agents, consultants, or customers would be harmful and damaging to Company; provided, however, that any such persons who did business with Client prior to the date of this Agreement or whom Company agrees in writing may have a business relationship with Client are not subject to this provision.
Client agrees that during the Term of this Agreement and for a period of twenty-four (24) months after the date of termination of this Agreement, to not produce and slanderous material against Company online, in person or otherwise whether written, verbal or by any other means of media communication.
In no event shall Company be liable to Client for consequential, incidential, punitive or special damages, including, without limitation to lost profits, lost opportunity or damages. Client acknowledges and understands that no officer, director, contractor, employee other than Company shall have any personal liability under this agreement. Client further agrees to indemnify and hold Company harmless for any and all liability arising out of the acts or omissions of Client or Company that occur during the term of this agreement.
If any provision of this Agreement shall be held unenforceable such provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions of this Agreement shall remain in full force and effect.
This Agreement shall be assignable by Company to any of Company’s affiliated entities. Assignments to any other entities beside the affiliated entities will be void without the prior written consent of both parties.
COMMUNICATION & ELECTRIC RECORD KEEPING
Client hereby consents to any and all "Communication" with Agent Launch and representatives of Agent Launch to be recorded, documented, stored and shared by Agent Launch for any purpose necessary regarding this agreement.
"Communication" includes but is not limited to phone calls, online meetings, 1-1 calls, video calls, coaching calls and direct or group messages. Client acknowledges and agrees that this Agreement may be stored in an electronic record keeping system in the regular course of business and that a printed copy of the imaged document may be used and introduced in any arbitration, litigation, or other proceeding, and shall have the same force and effect as the original, which may be destroyed.
GOVERNING LAW, DISPUTES & CLASS ACTION WAIVER
Client agrees that any dispute between Client and Company arising under this Agreement will be submitted to binding arbitration in the state of Delaware. The party that loses the arbitration will pay to the prevailing party any fees and costs incurred by the prevailing party, including, but not limited to, reasonable attorney's fees, expert fees, and consultant fees.
The Parties agree to waive trial by court or jury. By signing this Agreement, the Client agrees that all disputes arising out of the terms of this Agreement or the relationship between the parties shall be decided exclusively in binding arbitration conducted by the American Arbitration Association. Arbitration shall take place in dispute in Wilmington, Delaware and governed by Delaware law. Client also waives the right to bring or participate in a class action lawsuit against Company or its parent, affiliated companies, subsidiaries, agents, officers, and/or principals. The party that loses the arbitration will pay to the prevailing party any fees and costs incurred by the prevailing party, including, but not limited to, reasonable attorney's fees, expert fees, and consultant fees.
PAID ADVERTISING POLICY
Client understands that all paid advertising performed one behalf of Client by Company carries no guarantees around cost per impression, cost per lead, cost per click or any other metrics associated with such efforts.
Client understands that paid advertising are not an exact science, and any results of these efforts is subject to many factors outside of the control of the Company, including but not limited to the Client's geographical area, the supply and demand of said advertising at any given time and the unique algorithms used by the advertising platforms used by the Company but not in direct control of the Company.
Client understands that any and all paid advertising examples used as reference to the Services were developed for other clients for their specific needs, and may not directly affect the deliverable to the Client directly.
Client authorizes Company to add their payment method of choice to the advertising platforms billing system and for Company to execute the relevant advertising on behalf of the client as the budgets agreed to by the Client and Company until specified otherwise.
Client understands that any and all paid advertising done through third party platforms (Google, YouTube, Facebook) will be done using the Client's credit card or payment method, and is the sole responsibility of the Client to pay for any outstanding balances from the advertising platforms used by Company.
Client understands the the "hand over" of any advertising assets, namely the ad account used by Company is subject the the Client first completing all payments agreed to as per this agreement.
TALENT ACQUISITION POLICY
Client acknowledges that recruiting remote contractors to do work for you is an endeavour with many anomolies, uncertainties and inconsisencies, and therefore no results from the recruitment process can be guaranteed.
Client acknowledges the thirty (30) day recruitment replacement policy expires thirty (30) days after the day you hire the contractor the Company sources for you and ends the day your term of the program ends, whichever is first.
Client acknowledges the replacement policy is intended as a safety net should you have a bad experience with the contractor we've sourced for you. Should that be the case, we will put you back into the process.
Client acknowledges that any additional costs incurred by your contractor and the software they use is your responsibility and that Company bears no responsibility for those costs.
Client acknowledges selecting payroll solution for the contractor must be completed by their start date. Payroll applications to be recommended by Company.
Client acknowledges that Company's replacement policy is contingent on the Client providing the contractor with the necessary resources to succeed. Necessary resources include, but are not limited to daily meetings, local area knowledge and the Cleint's necessary software login information. Replacements will not be granted should Client not complete reasonable steps to ensure the success of the contractor.
Client acknowledges that Comapny carries the sole discretion to remove Client from the recruitment process at any time should Company determine the Client's behaviour unacceptable or damaging. Client also acknowledges that should bear no weight on the payments or terms of this agreement.
Client understands and acknowledges that Client is acquiring access to all support elements (coaching calls, dedicated account manager & training platform) for the term of this Agreement, and at the end of the term Client will lose access to all support elements.
Client promises to stay coachable, show up on time to calls, respond to messages from the Agent Launch tean promptly, complete tasks according to instructions, meet deadlines and conduct themselves in a friendly, polite and courteous manner.
Client further promises to step into the highest version of themselves, to value growth and expansion over fear and comfort, show up with a positive and winning mindset and refrain from complaining, making excuses or being a negative influence.
Client agrees and promises to conduct themselves in a courteous manner with Agent Launch and other businesses related to Agent Launch while receiving services from Agent Launch, including but not limited to Agent Launch's clients. Client also acknowledges that should Client conduct themselves in a way deemed unacceptable at the sole discretion of Agent Launch, Agent Launch reserves the right to terminate Client from the program. Termination will be done in the form of a verbal or written warning, and if conduct persists termination will follow.
Client understands and acknowledges that Agent Launch and/or any coaching I may receive from Agent Launch is intended only as a supplement, and not a substitute, to my personal efforts to grow my business.
Client understands and acknowledges that although Agent Launch has helped clients grow their business in the past, as a general matter, success with any program depends on the unique circumstances and work put in by each individual, and that as a result, Agent Launch does not guarantee that I will achieve results similar to those achieved by other clients, or any result at all. Client further understands and acknowledges that any and all marketing materials or examples whether written, verbal or otherwise are examples, and do not directly reflect the results Client will recieve individually.
Client understands and acknowledges that regardless of the results Cleint will achieve, due to the intense time and resources dedicated to Client in the form of calls, dedicated support from the Agent Launch team, private messages, access to the training platform, all payments are final and I am not entitled to a refund, neither in part nor in full.
Client further understands and acknowledges that non-usage or reduced usage of the support systems does not entitle Client to a reduction in price, early cancellation or a refund. Client will receive access to the Agent Launch program and support system for the period set forth in this agreement and it is the Client responsibility to make the most of my time by participating and taking action.
Client agrees that Agent Launch and the timeline of the deliverables in this Agreement are subject to factors not always in the direct control of Agent Launch, including the Client's readiness to take part in each part of the program and engagement level within the program, and therefore no timelines are guaranteed. Client also acknowledges that some parts of the program require proactive outreach on part of the Client, and will only be fulfilled if the client initiates the process.
Client agrees that Agent Launch is not a perfect system and that they make no guarantees that I will not encounter challenges in understanding or implementing the information in my business. Accordingly, I certify that if I encounter any challenge or difficulty implementing the methods and principles taught by Agent Launch, I will bring the issue to the Agent Launch's attention and will work with Agent Launch in an effort to help me overcome said challenges in a professional manner.