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This Terms and Conditions of Use Agreement (“Agreement”) is a legally binding agreement between you (“you” “your” “customer” “client” “user” or “users”) and PERA SERVICES INC. (“us” “we” “our” “Owner” “Company”). This Agreement sets forth the terms and conditions for your use of THE VIRTUAL SESSION AND 1:1 COACHING CALL (“Product” OR “Service”). This Agreement is between the Client and the Company and not with any other person or entity. This agreement is entered between (“Client”) and Juliana, owner for PERA SERVICES INC for a one-on-one coaching service. The purpose of this Agreement is to detail the services provided by the Company and set forth the responsibilities of the Client, in accordance with the terms and conditions of this Agreement. The Client and the Company are collectively referred to herein as the “Parties” or individually as a “Party”.
This Agreement shall become effective between you and the Owner by agreeing to the terms and conditions agreement as well as by providing full or partial payment and may only be terminated for the reasons set forth below.
Please read these terms and conditions carefully before purchasing and accessing the product. We reserve the right to change, update or modify these terms and conditions by posting updates to the platform where the product is accessed, website, or via email. It is your responsibility to periodically review the terms and conditions and check for updates. This Agreement shall remain in full force and effect until one year after the day of purchase or unless terminated earlier in accordance with the provisions of this Agreement.
SCOPE OF SERVICES
The Company agrees to provide the following services:
1:1 Sessions: There shall be 1 virtual session with Juliana lasting 45-60 mins in length via Google Meet. Each session may be scheduled at a mutually agreed upon time. All sessions may take place during the first year from the date of purchase. Each session shall be customized to meet the Client’s individual needs. The session will be recorded and available for one year after.
The Client may contact the Company via email at any time with any questions or concerns. The Company’s policy is to respond to all emails within 24 hours.
Overall Purpose of the Services The services provided are for educational purposes and to aid the Client in learning how to start their school psychology business, provide marketing strategies, and how to scale a business through the implementation of operations and practices.
CLIENT AND COMPANY DUTIES AND RESPONSIBILITIES
Cancellation Policy: 1:1 sessions that are canceled by the Client shall be rescheduled within 2 weeks provided notice was given 24 hours prior to the cancellation of the scheduled session. If 24-hour notice was not provided, the Company may use its discretion as to rescheduling the session. The Company reserves the right to reschedule 1:1 sessions with any amount of notice, if necessary. If the Company needs to cancel a 1:1 session for any reason, notice will be provided via email and an attempt will be made to reschedule the session to take place within 1 week. If any session is canceled and not rescheduled within the time frame specified above due to the Client’s failure to respond to communication or to come up with a mutually agreeable date and time, it may be forfeited.
Client Communication: The Client agrees to remain in reasonable communication with the Company throughout the duration of the services. Communication will be responded to during normal business hours.
Email Communications: Communication about services will be made with the Client through email, using the email address provided by the Client upon registration. The Company may send promotional information, updates, or offers periodically via email, either from the Company or its affiliates unless the Client has opted out of receiving such information. Contact information or preferences may be updated by the Client at any time by sending a request to the Company via email.
Rescheduling: In the event that the Company needs to reschedule any sessions due to unexpected circumstances, the Company will notify the client within a reasonable time and reschedule for an earlier or later date.
Behavior: Client agrees to refrain from abusive or unprofessional conduct, behavior or comments towards the Company or any other participants. The Company has a no tolerance policy for racism, bullying, abusive, harmful or hurtful comments or conduct and reserves the right to immediately terminate this agreement without notice. In the event the Company terminates the agreement under this section, the Client shall remain liable for any remaining payments.
DISCLAIMER AND LIMITATION OF LIABILITY
Nothing in this Agreement shall be construed as a promise or guarantee. The Owner makes no such promises or guarantees. By purchasing the 1:1 COACHING CALL, you acknowledge and agree to accept any and all risk associated with and arising out of your participation, whether foreseeable or unforeseeable. You agree that the Owner will not be liable for any damages resulting from any delay or denial in the use of the Product, any errors or system failures in the use of the Product, any other failure of performance of any kind, or any use or misuse of the Product and is at your own risk. In no event shall the Owner be liable for any indirect, direct, special, punitive, exemplary, or consequential damages arising out of your use of the Product. If no exclusion or limitation of liability is allowed, our liability is limited to the fullest extent permitted by law, and in no event shall our cumulative liability to you exceed the purchase price of the Product, and if no purchase has been made, in no event shall exceed $100.00 USD.
Your use of the 1:1 COACHING CALL and your participation is at your own risk and is for educational purposes only. You acknowledge and agree that the Owner is not responsible for your success or lack thereof for you individually or in your business.
No professional-client relationship has been formed between us by your purchase or use of the Product. It is your responsibility to do your own research, consult, and obtain a professional for legal help, financial help, or other help that you may need for the formation of your business in school psychology.
Income statements (or statements about scaling a business) may be reported by the Owner but it is an estimate of possible earnings and is not a guarantee that you will have the same results. You acknowledge and agree that the Owner cannot guarantee your future results or success, financial or otherwise. Your success is based on your own actions and not on the Product. You acknowledge and agree that the Owner is not liable for the success or lack thereof of your business.
Statements made regarding improving your careers, does not guarantee you will have these results. Your success is based on your own actions and not on the Product. You acknowledge and agree that the Owner is not liable for your success or lack thereof.
You agree and acknowledge that the Owner is not a licensed CPA, Financial Advisor, or Corporate Attorney. The Owner is not a social media manager, marketing strategist, or PR Agent. The Product is not meant to be a complete solution for any situation and does not make any such promises or guarantees. It is your responsibility to obtain a professional if necessary for your situation and the Owner is not responsible for any outcome.
PRODUCT ACCESS
This Product may be transmitted by the Owner through a third-party platform. The Owner reserves the right to substitute service at any time, provided that it is of a comparable nature and value and it is reasonable for the Owner to do so as determined by the Owner. Access is presently available to the Product through THRIVECART LEARN. The Virtual session will be available via Google Meet. The Owner is not liable for any limitation of access to the Product caused by a third-party platform. Your purchase of the Product gives you one year access. You have 1 year to schedule the session and then one year access to the recording. Accessing this product may require the creation of a username and password on the third-party platform, as well as providing additional personal information, including your name, address, email address, and other information. You agree to keep any information up to date, to not share this information with third parties, to use the correct information, and to use it only for the purposes intended. If your account becomes compromised at any time, you agree to contact us immediately and change your password.
This Product is transmitted to you through a digital download. If you are unable to access your download after purchase, please contact Juliana Ramirez at PERA Services Inc. via email at info@peraservicesinc.com within 7 DAYS.
You acknowledge and agree that if you choose a payment plan, the Product will be transmitted to you in increments based on the length of the payment plan and amount of content provided in the Product. You will not gain access to the Product in its entirety until all payments under the payment schedule have been made in full. If payment fails for any reason and is not remedied immediately within 5 business days, no further content of the Product will be delivered to you. You will retain access only to the portion of the Product for which payment has been made.
Under this Agreement, the Owner is available to you to contact via the following channels: (email, WhatsApp group chat during the 6 week course program, and weekly Q&A coaching session).
INTELLECTUAL PROPERTY - LICENSE AND RESTRICTIONS
The Product contains intellectual property that belongs to the Owner. All rights reserved. Purchase of the Product grants to you a limited, revocable, non-exclusive, non-transferable license to use the Product for the individual purposes intended. This does not grant you a license to sell, rent, copy, share or otherwise transmit or disseminate the Product or any materials provided in connection with the Product, with anyone else for commercial or non commercial use. Any content from the Product shall not be reproduced, republished, uploaded, posted, transmitted, distributed or publicly displayed in any manner without written permission from the Owner.
Any violation by you of the license provisions contained herein may result in immediate termination of your license to use the Product, and your access to use will be revoked. Violating this license may result in charges to you from the Owner for the license you sold, shared or otherwise transmitted. We reserve the right, title and interest not expressly granted under this license to the fullest extent permitted under applicable laws.
You acknowledge that the intellectual property contained in the Product is the property of the Owner and may be protected by applicable copyright and other intellectual property laws and subject to use restriction under those laws. The Product may contain trademarks, service marks, graphics and logos that are the property of the Owner. Your purchase does not grant you license to use such.
You acknowledge and agree that if there is any intellectual property in the Product that is from a third-party, your use of the Product does not give you ownership rights or license to use such.
PAYMENT POLICY
You agree and authorize the Owner to charge your designated payment type (credit card or other billing method) for the full purchase price of the Service. Payment shall be made in the amount of $200.00.
If you choose a payment plan, you agree to pay in accordance with the payment schedule specified in the option you chose at checkout, and authorize the Owner to charge your billing method the amount specified in the payment schedule for each scheduled payment without additional separate authorization.
If payments fail for any reason (updated credit card is needed, payment information update is required, credit card expired, etc), you agree to resolve it immediately, within 5 business days. Although there is a 5 day grace period before revoking access entirely, access will be suspended immediately upon the failed payment until remedied. If your billing method is not updated or fixed within 5 business days, access to the Product will be permanently revoked.
You agree to not make any chargebacks to the Owner’s account or cancel your credit card or billing method used without prior written consent of the Owner. In the event a chargeback or merchant dispute is commenced by you with your financial institution for the services received under which payment was owed and you are successful in recovering these funds, the Owner will provide this contract to the financial institution as well as evidence of your receipt of services.
You agree to pay for any fees associated with the Owner having to recover payments, including but not limited to, collection fees and attorneys’ fees. The Owner reserves the right to report any chargeback incident to credit reporting agencies as a delinquent account.
REFUND POLICY
Due to the preparation that goes into coaching sessions, and the forfeiture of taking other clients, no refunds will be given for any sessions under any circumstances, whether they have taken place or not. Clients have one year from the date of purchase to schedule their 1:1 coaching session. If the session is not claimed during this one year, no refunds will be provided.
CONFIDENTIALITY
“Confidential information” shall mean proprietary information about the Owner, including but not limited to information relating to the Owner’s services, business and operations, including but not limited to business plans, sources, strategies, trade secrets, procedures, marketing, sales, data, all other non-public information, and know-how or other intellectual property that may be communicated to you in any manner. All confidential information disclosed to you shall remain the property of the Owner without prior written consent. You agree not to disclose or use any confidential information in any manner other than what is permitted under this agreement for the use of the services, or as required by law. Confidential information does not include information that is already known to the public through no fault of yours or through no breach of confidentiality, received from a third party that had the right to disclose such information, or was already in your possession prior to the disclosure. You shall take reasonable steps to safeguard confidential information and to protect the accidental or unlawful disclosure of the Owner’s information.
“Confidential information shall also include information relating to other users of this COURSE, including any information relating or involving personal information, personal health information, financial, business, or other non-public information communicated in the COURSE in any manner. All confidential information disclosed within the COURSE by any participating member shall remain property of the disclosing member without prior written consent, and shall not be disclosed or used in any manner other than as permitted in the membership.
Unauthorized use or disclosure of confidential information by you in violation of this agreement is a breach of this agreement, which may result in irreparable harm to the Owner and may be subject to legal action to (1) prevent any further breach of the agreement and (2) any other remedies available in law or equity.
Client Features: The Client agrees to allow the Company to share its success and achievements as well as any feedback, testimonial, or statement provided by the Client regarding the Company or the services, provided that the Client’s name and any other identifying factors remain confidential, unless allowed below. This includes content that is provided to the Company, or uploaded by the Client to social media at any time before, during or after the term of this agreement. The Client agrees to allow the Company the right to use the Client’s image words, feedback, testimonials, or statements in whole or in part, in the format provided by the client, and/or compilations thereof, and in connection with any publicity, advertising, correspondence, promotional or other work based upon them, provided that the Client’s name, photo and any other identifying factors remain confidential
The terms of this section of the agreement shall survive the termination of this agreement.
PROHIBITED USE
You acknowledge that the Product and any connected third party sites are to be used for the purposes intended above and not for any unlawful purpose or any purpose prohibited by the terms of this Agreement. The Owner reserves the right to terminate your access to the Product without notice if your use has not been in accordance with the terms of this Agreement. This includes transmission of any viruses, worms or other destructive codes.
The Product is intended solely for users who are eighteen (18) years of age or older. Your purchase and use of this product is your representation that you are at least 18 years of age.
INDEMNIFICATION
You acknowledge and agree to indemnify and hold the Owner harmless, including costs and attorneys’ fees, from any damages, losses, liabilities, costs, claim or demand made against you due to or arising out of your use of the Product or your violation of this Agreement; any infringement of third party rights by you arising out of your use of the Product, such as any intellectual property or other rights of any person or entity arising out of or related to any products or services purchased by you in connection with the Product or offered by a third party through the Product.
ATTORNEY’S FEES
Any legal fees incurred due to the enforcement of this agreement by the Owner, if prevailing, shall be entitled to recover its reasonable attorney’s fees and costs from you. This includes collection fees and costs incurred by the Owner in collecting payment of any amount due under this agreement.
NON DISPARAGEMENT
You agree to refrain from making any disparaging comments or statements about the Owner or the services that negatively affect the Owner’s business, services, products, or reputation. Notwithstanding the foregoing, nothing in this agreement shall preclude you from making truthful statements that are either required by applicable law, regulation or legal process; or for the purpose of communicating a review of the Owner’s goods and/or services.
NO WARRANTY
The Product is provided “as is” and without any warranty of any kind, express or implied. The Owner does not warrant or represent that the Product to always be complete, free from errors or omissions, accurate, or up-to-date at all times.
FORCE MAJEURE
The Owner shall not be liable for any failure or delay in performance of any obligation under this agreement, if the failure or delay in performance is due to any cause beyond our reasonable control, including, but not limited to electronic or communication failures, electrical outages, network failures, pandemics, floods, acts of God, or other similar or different occurrences beyond the reasonable control the Owner. Force majeure events shall not include a party’s financial inability to perform its obligations under this agreement.
SEVERABILITY
If any provision of this Agreement is held, in whole or in part, to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and remain in full force and effect.
NOTICE
Any notice, demand or other communication shall be delivered in writing to:
PERA SERVICES INC.
6541 ROTHBURY CT.,
DUBLIN, OH 43017
INFO@PERASERVICESINC.COM
WAIVER
You acknowledge and agree that the failure of the Owner to enforce any provision of this Agreement shall not be deemed a waiver of the Owner’s rights under this Agreement to subsequently enforce any provision of this Agreement.
GOVERNING LAW
If any dispute arises out of or related to a claimed breach of this Agreement or any other disagreement of any nature, type or description, such dispute shall be resolved by binding arbitration by a single arbitrator in OHIO, in the County of DELAWARE, and administered by JAMS pursuant to its Comprehensive Arbitration Rules and procedures or any other Arbitration procedure agreed upon by the parties. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof."
HEADINGS
The headings used in this agreement are for convenience and reference purposes only and shall not affect the construction or interpretation of this agreement.
ENTIRE AGREEMENT
You acknowledge and agree that this Agreement contains the entire agreement of the parties. No other agreement, statement, or promise made on or before the effective date of this Agreement will be binding on the parties.
[END OF AGREEMENT]
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1:1 Virtual coaching call with Juliana
YOU GET:
One (1) 45-60 min virtual strategy session with Juliana
Discuss your business and ask any questions pertaining to your school psych business
Receive immediate feedback from Juliana on your current methods
Opportunity to ask questions and get real answers from Juliana related to contract work, private practice, and marketing you business
Included in this offer is a LIVE Basic website review, or social media review (if it applies to you). Juliana will give you feedback on your school psych business website, and social media presence.
Growth strategy: decide what you need to do next in order to continue to scale your school psych business
Also available for those having specific questions about Bilingual evaluations or assessments.
Helpful if you want to consult on a case, discuss next steps, or receive mentoring/feedback
Session is recorded and you will have access for one year.
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