This agreement (the "Agreement"), effective as of the date of signature below (the "Effective Date"), is entered into between GrowthConnext (hereinafter referred to as "Consultant"), a growth agency based in England, United Kingdom, and the undersigned client (hereinafter referred to as "Client").
1. INTRODUCTION
GrowthConnext specializes in advising and implementing strategies for client acquisition infrastructures for service-based businesses. Through the Advanced Setter Coaching Program and additional services (collectively referred to as "the Services"), the Consultant aims to guide the Client in enhancing their client acquisition processes. The Services emphasize coaching, implementation support, and the provision of comprehensive resources. Implementation and application of these strategies are ultimately the Client's responsibility.
2. TERMS & CONDITIONS
2.1. Duration: The Client and GrowthConnext agree to form a partnership that will continue on an ongoing basis until both parties agree to termination in writing.
2.2. Effective Date: The partnership will officially be effective on the date of payment, with the condition that GrowthConnext has received the full initial payment of £600 (six hundred Great British Pounds).
2.3. No Refunds: To ensure commitment from qualified clients, no refunds shall be provided under any circumstances once payment has been processed.
2.4. Conditional Guarantee: If GrowthConnext does not generate a minimum of £10,000 in sales for the Client within 30 days from the start of the pre-launch phase, no commission shall be charged until this £10,000 threshold is reached. This guarantee is only valid if the Client meets all instructions and deadlines communicated by GrowthConnext from the pre-launch stage onwards.
2.5. Dispute Resolution: In cases of dispute, claim, or legal action arising out of this Agreement, the parties shall be subject exclusively to the jurisdiction of courts in England (United Kingdom).
2.6. Legal Costs: Should the Client pursue any dispute, claim, or legal action, they shall be fully responsible for covering all associated costs. This includes not only their own legal fees and expenses but also all costs, fees, and expenses incurred by GrowthConnext in defending against such action.
3. SERVICES AND CLIENT COMMITMENTS
3.1. Services Provided:
The Services include consulting across various areas to enhance the Client's personal and professional growth, such as:
-Clarifying values and identifying actionable plans
-Analyzing operational modes within the Client's business
-Offering clarifying questions and making empowering recommendations and decisions for action
-Providing fortnightly one-on-one update calls
-Creating and implementing complete client acquisition systems on behalf of the Client.
-Developing and managing the Client's advertising campaigns and traffic generation.
-Building out the Client's offer structure and conversion mechanisms.
-Implementing sales strategies and managing the closure process.
-Designing and optimizing the Client's complete customer journey and fulfillment process.
-Providing strategic guidance for the Client's personal and business development.
3.2. Client Commitments:The Client is expected to:
-Engage actively with the Services and complete all tasks assigned by the Consultant
-Maintain regular communication, providing necessary information and feedback
-Participate collaboratively with the Consultant, acknowledging that successful consulting services necessitate a joint effort
-Book all one-on-one calls in advance according to the Consultant's scheduling procedures
3.3. Special Provision:
-If there is no contact from the Client for a period of 30 consecutive days, the Consultant may assume the Client no longer requires the Services and may terminate this Agreement at its sole discretion. In such an event, all outstanding fees become immediately due and payable, and no refunds shall be issued.
4. FINANCIAL TERMS
4.1. Program Fee:
-The initial fee for participation in the Services is £600 (six hundred Great British Pounds), payable upfront on the date of signing this Agreement.
4.2. Revenue Share:
-A commission of 17% of gross revenue shall be payable to GrowthConnext for any program arranged through the Services, unless otherwise agreed in writing.
-After the first program launch is fully booked, the process of employing setters and closers from GrowthConnext's team will begin, at which point the commission shall increase to 30% of gross revenue.
-For any additional personnel employed from GrowthConnext (not relating to setters or closers), an extra 5% commission shall be required, unless otherwise agreed in writing.
4.3. Payment Terms:
-All commission payments shall be made within 7 days of the Client receiving payment from their customers.
-The Client agrees to provide full and transparent reporting of all sales generated through the Services.
-GrowthConnext reserves the right to audit the Client's relevant financial records upon providing 7 days' written notice.
5. LEGAL AND ETHICAL TERMS
5.1. Governing Law:
-This Agreement shall be governed by and construed in accordance with the laws of England and Wales, with exclusive jurisdiction in the courts of England for any disputes.
5.2. Confidentiality:
-Confidentiality is assured for all Client information, barring legal compulsion or necessity to prevent harm.
-The Client likewise agrees to keep all proprietary information, methods, strategies, and techniques provided by GrowthConnext strictly confidential.
5.3. Limitation of Liability:
-The Client waives the right to hold the Consultant liable for any loss or injury directly or indirectly arising from participation in the Services.
-GrowthConnext's total liability under this Agreement shall not exceed the amount of fees paid by the Client.
-Neither party shall be liable for any indirect, special, incidental, or consequential damages arising out of this Agreement.
5.4. Intellectual Property:
-All materials, strategies, documentation, and methodologies provided by GrowthConnext remain the intellectual property of GrowthConnext.
-The Client is granted a non-exclusive, non-transferable license to use these materials only for the purposes of implementing the strategies within their own business.
6. WARRANTIES AND REPRESENTATIONS
6.1. Consultant Warranties:
-The Consultant guarantees that the provided services do not infringe on any third party's intellectual property rights.
-The Consultant warrants they possess the necessary skills, experience, and qualifications to provide the Services.
6.2. Client Warranties:
-The Client represents that they have the authority to enter into this Agreement.
-The Client warrants that all information provided to the Consultant is accurate and complete.
7. TERMINATION
7.1. Termination by Agreement:
This Agreement may be terminated at any time by mutual written consent of both parties.
7.2. Termination for Cause:
Either party may terminate this Agreement immediately upon written notice if the other party:
-Commits a material breach of any term of this Agreement which is not remedied within 14 days
-Becomes insolvent, enters into liquidation, or has a receiver appointed
7.3. Effects of Termination:
Upon Termination:
-All outstanding payments become immediately due
-Commission obligations shall survive termination for any clients or programs secured during the term of this Agreement
-Confidentiality obligations shall survive termination
-While intellectual property rights in content shall survive termination as specified elsewhere in this Agreement, any implementations of such content on GrowthConnext platforms (including but not limited to websites, landing pages, email sequences, automation flows, and marketing assets) will be discontinued at the end of the contract unless explicitly decided otherwise by GrowthConnext at its sole discretion
-The Client retains ownership rights to their original content and intellectual property as defined in the Agreement, but loses access to the technical implementations, systems, and platforms provided by GrowthConnext upon termination
8. GENERAL PROVISIONS
8.1. Entire Agreement:
-This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements, representations, or understandings.
8.2. Amendments:
-No amendment to this Agreement shall be effective unless in writing and signed by both parties.
8.3. No Waiver:
-No failure or delay by either party in exercising any right under this Agreement shall operate as a waiver of that right.
8.4. Severability:
-If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
8.5. Force Majeure:
-Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control.
8.6. Relationship of Parties:
-Nothing in this Agreement shall be construed as creating an employer-employee relationship, partnership, or joint venture between the parties.
8.7. Notices:
-All notices must be in writing and delivered by email with receipt confirmation or by recorded delivery to the addresses specified in this Agreement.
9. ACCEPTANCE OF TERMS
This Agreement is considered fully executed and legally binding upon the Client completing the following actions:
-Checking the "I accept the terms and conditions" box on the payment page
-Completing the payment process
No physical signatures are required for this Agreement to take effect. By checking the acceptance box and proceeding with payment, the Client acknowledges they have read, understood, and agree to be bound by all terms and conditions contained herein.