TERMS OF VIP DAY KAJABI INTENSIVE
Version Date: 01/15/2022
Welcome to my VIP Day Kajabi Intensive offer!
These terms and conditions outline the rules and regulations for the use of both my VIP Day Service and the Nusrat Jahan LLC website, located at https://nusratgeek.com/vip-day.
By accessing this website I assume you accept these terms and conditions. Please do not continue to use my website and service if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person visiting and using this website and compliant to the Contractor’s terms and conditions. “The Contractor”, “My”, “I”, and “Me”, refers to my business. “Party”, “Parties”, or “Us”, refers to both the Client and myself. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of the provision of the Contractor’s stated services, in accordance with and subject to, prevailing law of the USA. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
By using my VIP Day Kajabi Intensive service, the Client agrees to retain the Contractor to proceed with tech build and strategy creation services for a Kajabi intensive, packaged under VIP Day Kajabi Intensive, and agree to the terms and conditions as set forth in this Agreement.
During this intensive, the Contractor agrees to devote up to 7 hours on assignments to be determined by the Client, as well as 1 hour for a pre-intensive strategy call, 2 hours for post-intensive “fix” support and 30 days of post-intensive email and messaging support. Work will be performed at the office of the Contractor, but occasionally may take place at other locations, as required. Work priority and scheduling will be at the discretion of the Client. Work will normally occur between the hours to be determined over the call/email by both Contractor and Client.
During the 30 days of post-intensive support, the Client will be able to email or message the Contractor with any questions or concerns about the work that was performed during the intensive and will receive a reply via email, message or video tutorials. This support does not cover additional tech build or Kajabi work that exceeds what was done during the intensive. If the Client has additional work that needs to be performed, the Client will have the option to book another day or a half-day intensive.
Payment for these services will be to Service Provider at the rate of $847 and will be due at the time of booking. Client may choose to alternatively pay a 50% deposit, and pay the balance within 24 hours of the appointment date.
Tech services in addition to the intensive will be made available by Service Provider at the current daily or half-date rate and will be billed separately. Any expenses exclusive of normal overhead are not included in this agreement and will be billed separately. Examples of such expenses are stock images, premium font licenses, and 3rd party application services.
The results of any and all work performed by Service Provider for Client, including original Kajabi build work, will remain the property of the Client. Client may use this material in any way deemed appropriate.
Client understands that any written statements, images, audio recordings or video recordings of Client while participating in the intensive and made on behalf of the Service Provider may be used in connection with publicizing and promoting the Service Provider. Client authorizes the Service Provider to use their name, brief biographical information and written or recorded statements.
This purchase is non-refundable but may be transferred to another date or service with 7-days prior written notice. The Client’s deposit is valid for 90 days and must be used within that timeframe. In the event, the intensive fails to occur within 90 days, or the Client fails to request a new date at least 7 days prior to their booked appointment, the deposit will be forfeited, and the intensive will be terminated. If the Client wishes to reschedule beyond 90 days, the original deposit may, at the Service Providers discretion, be applied to a new booking at the current intensive rate, which may or may not be higher than the original booking rate.
Contractor bills you through the Thrivecart software for purchases of services. You can choose to either pay via Credit Card or PayPal. You agree to pay Contractor all charges at the prices then in effect for the services you or other persons using your billing account may purchase, and you authorize Contractor to charge your chosen payment provider for any such purchases. You agree to make payment using that selected payment method. If you have purchased a service that is subject to recurring charges then you consent to my charging your payment method on a recurring basis, without requiring your prior approval from you for each recurring charge until such time as you cancel the applicable product or service.
Contractor reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Contractor may change prices at any time. All payments shall be in U.S. dollars.
As stated in the agreement, all payments are non-refundable. However, you may switch to other services once you maid the payment or request to get additional attention in case you’re not satisfied with the service provided.
Regarding Your Email Subscription And Questionnaire Form Filling Up
By using the Contractor’s Services, you represent and warrant that:
- all information you submit is truthful and accurate;
- you will maintain the accuracy of such information;
- you will keep your password confidential and will be responsible for all use of your password and account (if applicable);
- you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use Contractor’s services; and
- your use of the Contractor’s Services does not violate any applicable law or regulation.
You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website’s questionnaire or email subscription form and (b) maintain and promptly update data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Contractor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Contractor has the right to suspend or terminate you as a client and refuse any and all current or future use of the Website (or any portion thereof).
GUIDELINES FOR REVIEWS
Contractor may accept, reject or remove reviews at its sole discretion. Contractor has absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Those persons posting reviews should comply with the following criteria: (1) reviewers should have firsthand experience with the person/entity being reviewed; (2) reviews should not contain: offensive language, profanity, or abusive, racist, or hate language; discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; or references to illegal activity; (3) reviewers should not be affiliated with competitors if posting negative reviews; (4) reviewers should not make any conclusions as to the legality of conduct; and (5) reviewers may not post any false statements or organize a campaign encouraging others to post reviews, whether positive or negative. Reviews are not endorsed by Contractor, and do not represent the views of Contractor or of any affiliate or partner of Company. Contractor does not assume liability for any review or for any claims, liabilities or losses resulting from any review. By posting a review, the reviewer hereby grants to Contractor a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable and sublicensable license to Contractor to reproduce, modify, translate, transmit by any means, display, perform and/or distribute all content relating to reviews.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or the Contractor’s Services (“Submissions”) provided by you to Contractor are non-confidential and Contractor (as well as any designee of Company) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You may not access or use the Services of the Contractor for any other purpose other than that for which Contractor makes it available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Company. Prohibited activity includes, but is not limited to:
- attempting to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website
- attempting to impersonate another user or person or using the username of another user
- criminal or tortious activity
- deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website
- deleting the copyright or other proprietary rights notice from any Website content
- engaging in any automated use of the system, such as using any data mining, robots or similar data gathering and extraction tools
- except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scraper or offline reader that accesses the Website, or using or launching any unauthorized script or other software
- harassing, annoying, intimidating or threatening any Company employees or agents engaged in providing any portion of the Company Services to you
- interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website
- making any unauthorized use of the Company Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses
- selling or otherwise transferring your profile
- systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company
- tricking, defrauding or misleading Company and other users, especially in any attempt to learn sensitive account information such as passwords
- using any information obtained from the Website in order to harass, abuse, or harm another person
- using the Company Services as part of any effort to compete with Company or to provide services as a service bureau
- using the Website in a manner inconsistent with any and all applicable laws and regulations
INTELLECTUAL PROPERTY RIGHTS
The content on the Website (“Contractor’s Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to Contractor, and are subject to copyright and other intellectual property rights under the United States and foreign laws and international conventions. Contractor’s Content, includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All Contractor’s graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Contractor in the United States and/or other countries. Contractor’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Contractor.
Contractor’s Content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and the Contractor’s Content and to download or print a copy of any portion of the Contractor’s Content to which you have properly gained access solely for your personal, non-commercial use. Contractor reserves all rights not expressly granted to you in and to the Website and Contractor’s Content and Marks.
THIRD PARTY WEBSITES AND CONTENT
The Website contains (or you may be sent through the Website or the Contractor’s Services) links to other websites (“Third Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Content”). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by me, and I am not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by me. If you decide to leave the Website and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from the Website. Any purchases you make through Third Party Websites will be through other websites and from other companies, and Company takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
Contractor reserves the right but does not have the obligation to:
- monitor the Website for violations of this Agreement;
- take appropriate legal action against anyone who, in Contractor’s sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;
- in Contractor’s sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s contribution or any portion thereof that may violate this Agreement or any Contractor’s policy;
- in Contractor’s sole discretion and without limitation, notice or liability to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to Contractor’s systems;
- otherwise manage the Website in a manner designed to protect the rights and property of Company and others and to facilitate the proper functioning of the Website.
TERM AND TERMINATION
This Agreement shall remain in full force and effect while you use the Website or are otherwise a client of the Contractor, as applicable. You may terminate your use or participation at any time, for any reason, by asking the contractor to terminate the contract and destroy all of your confidential properties using the contact information below.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, CONTRACTOR RESERVES THE RIGHT TO, IN CONTRACTOR’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE AND THE CONTRACTOR’S SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND CONTRACTOR MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND THE CONTRACTOR SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN CONTRACTOR’S SOLE DISCRETION.
In order to protect the integrity of the Website and Contractor’s Services, Contractor reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Website and Contractor’s Services.
Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.
YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF CONTRACTOR’S THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. TO CANCEL, EMAIL THE CONTRACTOR DURING NORMAL BUSINESS HOURS USING THE CONTACT INFORMATION LISTING BELOW IN THIS AGREEMENT. THIS SECTION APPLIES ONLY TO INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS.
If Company terminates or suspends your agreement for any reason, you are prohibited from registering for the services under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your agreement, Contractor reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Contractor may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Website and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you use the Contractor’s Services after any such modification becomes effective. Contractor may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefore important that you regularly review this Agreement and keep your contact information current by letting the contractor know to ensure you are informed of changes. You agree that you will periodically check the Website for updates to this Agreement and you will read the messages I send you to inform you of any changes. Modifications to this Agreement shall be effective after posting.
Contractor reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Contractor shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Contractor’s Services.
- Governing Law; Jurisdiction. This Agreement and all aspects of the Website and Contractor’s Services shall be governed by and construed in accordance with the internal laws of the State of Wyoming, without regard to conflict of law provisions. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in The United States County, State of Wyoming, and you hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action or proceeding by you related in any way to the Website or Company Services be instituted more than two (2) years after the cause of action arose.
- Informal Resolution. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and Contractor agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other.
- Binding Arbitration. If you and Contractor are unable to resolve a Dispute through informal negotiations, either you or Contractor may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Contractor will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in The United States County, State of Wyoming. Except as otherwise provided in this Agreement, you and Contractor may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
- Restrictions. You and Contractor agree that any arbitration shall be limited to the Dispute between Contractor and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
- Exceptions to Informal Negotiations and Arbitration. You and Contractor agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of any of your or Contractor’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief. If this Section is found to be illegal or unenforceable then neither you nor Contractor will elect to arbitrate any Dispute falling within that portion of this Section found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and you and Contractor agree to submit to the personal jurisdiction of that court.
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. Contractor reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.
Except as explicitly stated otherwise, any notices given to Contractor shall be given by email to the address listed in the contact information below. Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid. I may also choose to send notices by regular mail.
My Website will maintain certain data that you transfer to the Website for the purpose of the performance of the Contractor’s Services, as well as data relating to your use of the Contractor’s Services. Although I perform regular routine backups of data, you are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken using the Contractor’s Services. You agree that Contractor shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against Contractor arising from any such loss or corruption of such data.
Your use of the Contractor’s Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE COMPANY SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
Users are allowed on Yolos to transmit and receive valid electronic signatures in the United States under the Electronic Signatures in Global and National Commerce Act (E-Sign Act) of 2000 and the Uniform Electronic Transactions Act (UETA) of 1999 as adopted by individual states. Users’ signatures and identities are not authenticated on Yolos.
This Agreement constitutes the entire agreement between you and Contractor regarding the use of the Contractor Services. The failure of Contractor to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by you without our express written consent. Contractor may assign any or all of its rights and obligations to others at any time. Contractpr shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Contractor’s reasonable control. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and Contractor as a result of this Agreement or use of the Website and Contractor’s Services. Upon Contractor’s request, you will furnish Contractor any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against Contractor by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
In order to resolve a complaint regarding the Contractor’s Services or to receive further information regarding the use of the Contractor’s Services, please contact Contractor as set forth below: