Terms And Conditions
By using the Trainer-Goes-Online Website services, you agree to be bound by the following terms and conditions. Trainer-Goes-Online Website reserves the right to change the Terms and Conditions at any time without notice, and your continued use of Trainer-Goes-Online Website constitutes your consent to such changes
1. DESCRIPTION OF SERVICES
Trainer-Goes-Online will provide an ongoing set of online services with reasonable skill and care following the course description set out. Services included are online courses, course materials, website design, copy and editorial development, search engine optimization, and website updates as described on the signup page for each specific service.
2. LIMITATIONS OF SCOPE
Trainer-Goes-Online Website will not be responsible for work that is beyond the scope of services set forth in the subscription plan in effect at the time Client initiates the service. Any changes to the scope of services will not be effective unless approved by both parties.
3. MANAGEMENT RESPONSIBILITY
Trainer-Goes-Online Website will provide certain tools, methods, and resources to the Client that are intended to help the Client grow and build its business. However, the Client is fully and exclusively responsible for their business performance and Client satisfaction. In addition, Client has full and exclusive responsibility for understanding and ensuring compliance with any regulatory, legal, or contractual obligations related to Client’s business, including without limitation, data held by Client and its Clients, the information provided by Client to Clients and/or other third parties and any safeguarding and security measures that may be required. Trainer-Goes-Online Website may participate in implementing needed systems services and functions, but the Client is solely responsible for the outcomes, actions taken and results produced.
All content produced by Trainer-Goes-Online Website within the scope of services including the software and web code, contents, graphics, and design, or material developed or licensed by Trainer-Goes-Online Website for Client as part of the Services is copyrighted by Trainer-Goes-Online Website and remains the exclusive property of Trainer-Goes-Online Website until handed over to Client. Upon termination of this Agreement copyrights paid for by Client shall belong to Client. After full payment, if the Client chooses to cancel this agreement per the conditions in Section 6 below all Trainer-Goes-Online Website copyrighted content, EXCEPT software, web code, themes, plug-ins, course content, course material and other files used to create the course can be used indefinitely by Client for their company website, course, newsletter, and other marketing collateral. This use will be restricted to the Client company use only and the Client does not have any rights to resell, license, or otherwise allow 3rd parties to use the content.
Customer hereby acknowledges and agrees that Trainer-Goes-Online Website shall have the right to use the name of Client, including the Client Web Site, for reference as a customer of Trainer-Goes-Online Website services for referral and marketing purposes.
Except for reasons of non-performance by either party, this Agreement shall remain in effect until formally terminated in writing by either party. Trainer-Goes-Online Website will start subscription billing to the Client beginning the date (“Renewal Date”) client agrees to these terms of services and it shall automatically renew for subsequent one (1) month periods until it is formally terminated in writing or email. Termination of this Agreement requires written or email notice delivered thirty (30) days prior to the desired date of termination. Failure to provide notice or a repeated failure to make payment by the date due during any period gives Trainer-Goes-Online Website the option for immediate termination. Upon the expiration or termination of this Agreement for non-payment or non-performance by the client, (i) all licenses granted by Trainer-Goes-Online Website to Client here under shall automatically terminate and Client shall immediately cease its use of the licensed content and other provided marketing collateral, and (ii) Client’s right to the Services afforded to Trainer-Goes-Online Website’s Clients shall automatically terminate.
7. PAYMENT FOR SERVICES
Set-up fees for website design are paid in full prior to starting the course. Should the client wish to cancel a project at any point during the process they shall remain liable for the work that has taken place and shall be invoiced accordingly.
Fees must be paid in full to Trainer-Goes-Online prior to you attending any course or taking part in any other Services and such Fees shall be debited from your credit/debit card. For the avoidance of any doubt, regardless of how your Fees are paid, it is your responsibility to ensure that all payments that are due to us are paid promptly at all times. Invoices will be issued and automatic transactions processed on the Renewal Date as described in Section 6 above. Trainer-Goes-Online reserves the right to suspend access to your course or treat these as being canceled in case of late payment. No refund of any course fees paid by you will be allowed.
Trainer-Goes-Online Website shall provide its services and meet its obligations under this Agreement in a timely and professional manner, using knowledge and skills consistent with generally acceptable standards in Trainer-Goes-Online Website’s industry, and will provide a standard of care based on commercially reasonable efforts. The services and all products provided as part of the services are provided “as is” and Trainer-Goes-Online Website disclaims, and the client waives, any warranties, express or implied, as to the merchantability, fitness for a particular use or purpose, title, non-infringement or any other warranty, condition, guaranty or representation related to the services. Trainer-Goes-Online Website does not warrant that the software or any products or services provided hereunder will be uninterrupted or error-free. Under no circumstances, including negligence, shall the Company be liable for any direct, incidental, special, or consequential damages or otherwise, including any damages that result from the use of or inability to use the Website. The Company shall not be responsible for any damages whatsoever that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance.
9. LIMITATIONS OF LIABILITY
Except to the extent finally determined to have resulted from the gross negligence or intentional misconduct of Trainer-Goes-Online Website, Trainer-Goes-Online Website’s liability to pay damages for any losses incurred by client as a result of breach of contract, negligence, or other tort committed by Trainer-Goes-Online Website, regardless of the theory of liability asserted, is limited to no more than the total amount of the most recent three (3) months of base fees paid under this agreement. In any case, Trainer-Goes-Online Website and its licensors will not be liable for lost profits or any consequential, indirect, punitive, exemplary, or special damages. In addition, Trainer-Goes-Online Website shall have no liability to clients arising from or relating to any third-party hardware, software, information, or materials. Trainer-Goes-Online Website is also not liable for direct or indirect damages created by viruses, hackers, or other malicious or accidental destruction of systems or data, though Trainer-Goes-Online Website will attempt to prevent or minimize exposure to such risks.
Subject to the provisions hereof, the Client shall indemnify, defend and hold harmless from and against any and all amounts payable under any judgment, verdict, court order, or settlement for third-party claims brought against Trainer-Goes-Online Website and its licensors arising from products or services related to this Agreement. Conversely, Trainer-Goes-Online Website shall indemnify, defend and hold harmless from and against any and all amounts payable under any judgment, verdict, court order, or settlement for third-party claims brought against the Client arising from the gross negligence or intentional misconduct of Trainer-Goes-Online Website
11. INTELLECTUAL PROPERTY
All Intellectual Property Rights in the Services, Course Materials, and the speeches made and content delivered by the mentors are and remain, the intellectual property of Trainer-Goes-Online Website or its licensors, whether adapted, written for, or customized for you or otherwise –
You are not authorized to:
(i) copy, modify, reproduce, re-publish, sub-license, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without our prior written permission;
(ii) record on video or audiotape, relay by videophone or other means any aspect of the Services;
(iii) remove any copyright or other notice of Trainer-Goes-Online Website on the Course Materials; or
(iv) modify, adapt, merge, translate, disassemble, decompile, and reverse engineer any software forming part of the Services.
Without limiting any other rights or remedies we may have, any breach by you of the above clause shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services.
In consideration of the Fees paid by you, we grant you a limited, non-transferable, non-exclusive license to use the Course Materials and any relevant software for the sole purpose of you accessing the Services you have purchased and not further or otherwise.