1. PURPOSE:

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1.1 The purpose of this Agreement is to inform the User of the Services. The Company encourages the User to read this Agreement carefully before accessing the Services and/or using any of the services associated with the Services selected at the checkout page. 

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1.2 As part of the Services, the Company offers support based calls tailored to bookkeepers and financial executives. The User has selected a support hours plan at checkout based on their chosen service tier (the “Tier”). The number of support hours the User will receive each month is determined by the selected Tier. 

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1.3 The User understands that from time to time, the Company may add new items to the Services and may also remove some of the existing items if they are no longer able to provide them for legal or technical reasons.

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1.4 For access to use the Services, the User must be eighteen [18] years of age or older and have the requisite mental capacity to agree to these terms and conditions outlined herein.

 

2. TERM:

 

2.1 The term of the Services shall commence on the first day of access to the Services, and shall remain in full force and effect on a month-to-month basis thereafter unless terminated in accordance with the provisions set forth in Section 9: Cancellation (the “Term”). For clarity of this section, this means that after the initial term of one [1] month, the Services automatically renews for successive monthly periods unless either party provides written notice for termination prior to the commencement billing cycle of the renewal period.

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3. MEMBER RESPONSIBILITIES AND RESTRICTIONS

 

3.1 As consideration for the Users acceptance into the Services, the User acknowledges and agrees to abide by the following responsibilities and to be in full compliance with the following restrictions. Failure to comply with these responsibilities and restrictions may include the revocation of privileges. 

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a. Full Responsibility: The User agrees and accepts that they are solely responsible for creating and implementing their own decisions, choices, actions, successes, and results arising out of or resulting from the Services, and accepts they are fully responsible for their own progress and results throughout the Services.

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b. Use of Services: The User will remain responsible for ensuring they use all allotted support hours included in each month of the Services. Support hours remaining at the end of each monthly Term will be forfeited by the User.

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c. Implementation: The User will remain responsible for implementing all of the tools, resources, feedback, formulas, and other information provided by the Company through the Services and through associated materials. The User understands and agrees that they must create the time and energy to participate fully in the Services.​

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d. Respectful Conduct: Users must conduct themselves in a respectful manner at all times when engaging with the Company. Disrespectful, disruptive, or abusive behavior is strictly prohibited. 
 

e. Compliance with Policies: Users are required to adhere to all policies, rules, and regulations established by the Company. Failure to comply may result in the termination of the Services. The Company encourages the User to report any misconduct or behavior contrary to the Services policies. 

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f. Compliance with Applicable Laws: Users must comply with all applicable local, provincial, state, and federal laws in their participation within the Services. Any illegal or unlawful activities are strictly prohibited.

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4. COMPANY RESPONSIBILITIES

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4.1 As part of the Services, the Company agrees to provide the User with access to support based calls, resources, and guidance tailored to the User.

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5. SERVICES PRICE AND PAYMENT

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5.1 The User agrees and understands that they will pay a monthly Services fee as outlined on the checkout page and as elected by the User (the “Services Fee”). The Services Fee will be auto-charged monthly on the same day each month for the duration of the Term. The User will be liable for all of the payments for the Term regardless of whether the User continues to participate in the Services or not.

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5.2 The User authorizes upon their first transaction for the Company to charge their credit card account provided in accordance with the Services selected. All future payments will be processed in accordance with Section 5.1. The User agrees to provide complete, current, and accurate payment information and to update the Company should any payment information change, prior to the payment due date.
 

5.3 The Services will be refused if payment has not been made as required by this Agreement and the Company reserves the right to cancel the Services if there is a failure in payment. The User will receive a message from the Company upon the missed Services Fee payment, presenting the User an opportunity to update their credit card information. Payment will be retried by the Company’s payment processing software three [3] times post the overdue payment, and the Company will cancel the User’s Services after three [3] attempts of unresolved failure of payment.
 

5.4 The User agrees that the charges on their credit card in compliance with the terms herein are irrevocable, indisputable and may not under any circumstance be charged back, contested or challenged now or in the future. The User understands that doing so would be a material breach of this Agreement in which the Company would be entitled to legal fees, costs and fees associated with addressing a chargeback in addition to the amount challenged. Should the User not pay the amount submitted within ten [10] days, the Company will turn it over to a collections Company. The User further agrees that signing of this Agreement is proof of purchase and all that is necessary to establish to the credit card company, company or banking institution to deny a chargeback to the User. 

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5.5 The User understands by accepting the payment terms herein, that they are voluntarily electing to participate in the Services, and financially willing and able to invest in the Services by choice as effected by their enrollment in the Services herein. The User is attesting that by doing so, they are not in any way incurring economic hardship and are aware of Section 6: Refund Policy.

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5.6The Company reserves the right to increase the prices of the Services with two [2] months notice to the User. The revised Services Fee will take effect at the end of the notice period. If the User does not terminate the Services in accordance with Section 9: Cancellation prior to the effective date of the price change, the continued use of the Services will constitute acceptance of the new Services Fee, and the User’s billing will be adjusted accordingly. It remains the responsibility of the User to review and monitor any such notices from the Company.  

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5.7 In the event of any duplicate Services Fee charges incurred by the User, or if the User wishes to change their elected Tier of Services, the User should contact the Company for further discussion at: bd@mlhc.info. 

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6. REFUND POLICY

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6.1 The Company does not offer any refunds at any time during the Term of the Services. The User understands that all sales are final and are not eligible for any refund under any circumstance, be it known or unknown now or in the future, if the User has been provided access to the Services. The User further agrees and understands that changing their mind about the Services, failing to follow through or understand the details of the Services, not experiencing the results they expected or desired, or experiencing any other similar situations does not, under any circumstance, warrant a refund. The User further accepts that disputing a charge through their own financial institution is a violation of this Agreement and agrees not to do so.

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7. SCHEDULING AND RESCHEDULING

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7.1 The User will be provided with the allotted quantity and duration of support calls as determined by the Tier of Services selected by the User. The calls shall be through the prescribed method of online video communication or as otherwise outlined by the Company prior to the session. The User will be able to select a time and date for the call using the Company’s online scheduling portal, subject to the Company’s availability. 

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7.2 Rescheduling may be done through the Company’s online scheduling portal. The User must reschedule twenty-four [24] hours in advance of the scheduled call time. If the User does not provide the requisite notice, the call will be forfeited. Any missed or cancelled calls will be deducted from the allotted number of calls, and will not be reimbursed to the User. 

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8. PAUSAL PERIOD

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8.1 During the Term, the User may pause their enrollment in the Services for a period of up to thirty [30] days, by providing the Company thirty [30] days written notice to: bd@mlhc.info (the “Pausal Period”). The User will not have access to the Services during the Pausal Period and the Company will extend the Term of the Services to include the Pausal Period. Services Fee payments will be paused throughout the Pausal Period. 

 

9. CANCELLATION

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9.1 The Services shall be effective for a term of one [1] month and shall automatically renew unless terminated. To prevent automatic renewal for another term, the User must cancel their Services by providing one [1] month notice by emailing the Company prior to the commencement billing cycle of the renewal period. If the User experiences difficulty when canceling their Services, they should reach out to: bd@mlhc.info.

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9.2 The User understands that the Company retains the right to and may limit, suspend, or terminate the User’s access to any services sold on or in connection with the Company without refund if the User (i) becomes disruptive or difficult to work with, (ii) fails to follow Company guidelines, (iii) is found to harass staff, or other members and clients, of the Company, (iv) is found to be acting contrary to the responsibilities and restrictions as outlined in Section 3: User Responsibilities and Restrictions, or (v) is found negatively speaking about the products and/or services offered by the Company in public forums without prior consultation with the Company. The User understands that any money owing to the Company at the time of Termination will become due at the effective date of Termination. 

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9.3The Company can decide to stop offering the Services at any time, including in response to unforeseen circumstances beyond the Company’s control, or to comply with a legal requirement. In such instances the Company will cancel the User’s access to the Services and refund the prorated portion of any prepaid Services Fee equal to the remaining unused term of the Services. Any unpaid access to the Services and this Agreement may be terminated at any time, in addition to your account, your access to the Services, the Services itself or any portion of the Services.  

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10. MEDIA RELEASE AND TESTIMONIALS

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10.1 The User hereby grants full permission to the Company to photograph, and/or record the related activities in which they are participating as outlined in this Agreement. The User acknowledges that the Company may use the photographs, motion pictures, videotapes, recording or any other record of the User’s participation in any related activities for purposes of social media, website, advertising, online courses, archiving, and without limitation, commercial use (the “Media”). The User hereby releases the Company from all claims in which the User may have now or in the future for compensation of any kind arising out of the User’s participation in said Media and acknowledges all such Media to be the exclusive property of the Company. 

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10.2 In the event the User leaves a testimonial, the User grants full permission for the Company to use any and all photographs, motion pictures, videotapes, written words, and/or the recording for marketing purposes. 

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11. INTELLECTUAL PROPERTY OWNERSHIP (cont.)

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11.1 Any designs and materials, inclusive of any slide decks, recorded workshops, resources, formulas, or course materials produced by the Company will remain the intellectual property of the Company and may not be used in any other form without prior written consent. The User is provided with a non-exclusive, non-transferable single-user license authorizing the User to use the materials for their individual purposes only. Nothing in this Agreement shall constitute a transfer of ownership of any intellectual property from the Company to the User.

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11.2 The User agrees and understands they are not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by the Company or obtained through working with the Company, without the Company’s express written consent. If such behavior is discovered or suspected, the Company reserves the right to immediately terminate the User’s participation in the Services without refund, as well as access to any additional program or materials you may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.

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12. LINKS TO THIRD-PARTY WEBSITES

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12.1 The Services Portal may contain links to third-party websites and/or resources, which are not maintained or related to the Company. All such linked websites, materials and pages are not under the control of the Company and the Company is not responsible for the content contained in any linked website nor for any losses or damages the User may incur as a result of the use of any such website. The User acknowledges and agrees that the Company is not responsible for the availability of such links, resources and content, and does not endorse, and is not responsible or liable for, any content, advertising, products, services, or other materials made available to or from these linked websites. The User understands that the Company accepts no liability, directly or indirectly, for any errors, damages, or omissions contained in third-party websites. The intended purpose of the links provided is to improve the User’s use of the Services, to enable the User to connect with the Company on various platforms, and to help the Company offer the Services.

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12.2 The User understands that they retain the right to choose to work with any company and/or platform mentioned, recommended, or taught through the Company’s Services, and the User further understands it is at their discretion to inform themselves independently if the product, services, and/or platform may be of benefit to them.

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12.3 The Company may share reviews of products, services, and/or platforms they love at their sole discretion, and from time to time, the Company may participate in affiliate marketing and may allow affiliate links to be included within the Services in exchange for commission earned when a member clicks and/or makes a purchase. The Company agrees they will only participate in affiliate marketing with products, services, and/or platforms they believe provide value to their members and/or following. Anything the Company shares is not professional advice and the User shall not solely rely on said opinion(s). It remains the responsibility of the User to inform themselves independently if the product, service, and/or platform may be of benefit to them.

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13. NON-DISPARAGEMENT

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13.1 The User shall not at any time, either throughout or post their access to the Services directly or indirectly take any action and/or make, publish, file or record any oral or written statements that would likely have a negative or injurious impact upon, or that is derogatory, defamatory, libel or slanderous in nature to the Company and/or the Services in any way.

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14. PRIVACY AND CONFIDENTIALITY

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14.1 The User agrees to give the Company permission to keep a confidential record of the User’s name, contact information, and payment information throughout the Services. The Company has implemented commercially reasonable technical and organizational measures designed to secure User content and associated data from accidental loss and from unauthorized access, use alteration, or disclosure. The Company cannot guarantee that unauthorized third parties will not be able to defeat those measures and/or use the User’s content or associated data for improper purposes. The User acknowledges that all User content and associated data is provided to the Company at their own risk.

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14.2 As part of the Services, the Company may make the User’s name visible to other users of the Services. The User acknowledges and agrees that the Company is not able to guarantee the privacy and confidentiality of the User’s name once shared. The Company will not be responsible for any loss, damages, or injury incurred by the User arising from such disclosure. In the event the User does not wish for their name to be shared with other users, the User must notify the Company in writing prior to using the Services.

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15. DISCLAIMER

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15.1 The Company makes no representations, warranties, guarantees or promises verbally or in writing pertaining to the achievement of any level of results from the User’s participation in, or use of the Services. For greater clarity, use of the term results shall include, but not be limited to, improved financial performance, increased efficiency, business growth, revenue enhancement, client acquisition, strategic decision making outcomes, other financial or operational improvements, or other similar results. The User understands and agrees that they are voluntarily choosing to engage the Company and are solely responsible for any outcomes or results. The User further understands and acknowledges that end results are dependent upon individual factors such as education levels, funding, software use, business skills, overall competence in the desired field of business, and similar results may not be experienced by multiple members of the Company. The User acknowledges and agrees that the Company is not responsible nor liable to the User should the User incur harm, suffer any loss of income or other financial hardships, or encounter any negative ramifications in response to or during their participation in the Services. The User accepts that they are fully responsible for their own health, financial literacy, well-being, in addition to their decisions, success, business opportunities, overall confidence, financial position and/or any other result from the User’s participation in the Services. The User understands and accepts that any results are strictly of the User’s and releases the Company from any liability or responsibility in the achievement of said results. 

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15.2 The User acknowledges that while the Company are professional accountants, the Services provided to the User under this Agreement are strictly for educational, informational, and support based purposes only. No tax, legal, or accounting advice will be provided. The Company does not guarantee any specific results, outcomes or changes to the User’s current situation and the User will hold the Company harmless if the User does not experience desired results or education levels. The Services shall not, under any circumstances, be construed as professional accounting or tax advice or professional accounting guidance. The User must seek independent professional accounting or legal advice from a qualified tax accountant or licensed lawyer in their jurisdiction.

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15.3 The User understands that all services provided by the Company are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, or expectation or course of performance. The User is choosing to purchase the Services and engage with the Company on a purely voluntary basis and does not hold the Company responsible should the User become dissatisfied with any portion of the Services. 

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16. LIMITATION OF LIABILITY

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16.1 Limitation of Liability: The User’s decision to enroll in the Services, use the information contained therein the Company offers is purely voluntary, and the User understands the Company is not responsible or liable for any harm or damage to the User resulting from direct or indirect use of materials or content contained or sold on this Website. The User agrees to hold the Company harmless from any damages directly or indirectly resulting from the use of the content, products or services sold or visible on the Company Website and/or distributed through email, social  media marketing, or advertising, and further agrees that the applicant will not make any claims against the Company herein.

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16.2 Indemnity: As a condition of access to the Services, the User hereby releases the Company and its directors and affiliates from and against any and all liabilities, expenses (which include legal fees) and damages arising out of claims resulting or arising from the User’s use of the Services.

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16.3 Further, to the fullest extent permitted by applicable law, the Company makes no warranties or representations about the accuracy, reliability, timeliness or completeness of the Website’s content, the content on any Website linked, or information or any other items or materials on the Website or linked to by the Website. 
 

16.4 Release of Claims: The User releases any right to claims against the Company to the maximum extent as permissible under applicable law. The User agrees that under no circumstances will the Company be liable to any party, for any type of damages resulting, or claiming to result from any use of, or reliance on, our Services or content found therein, and the User hereby releases the Company from any and all claims whether known now or discovered in the future. 

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17. INDEPENDENT CONTRACTORS

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17.1  The Company is expressly agreed upon as an independent contractor and not as an employee of the User. At no time shall the Company be construed or deemed to be an employee of the User. The relationship between the User and the Company shall be that of an independent contractor. The User and the Company acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.

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17.2 The Company reserves the right to hire, supervise, direct, or otherwise engage with employees, contractors, or other third parties as necessary to perform the Services, each of whom shall be suitably skilled, experienced, and qualified. The Company is not under any obligation to inform the User of any third parties who may be performing work as part of the Services.

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18. MODIFICATIONS

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18.1  The Company reserves the right, at their sole discretion, to modify, replace or revise these terms and conditions of this Services Agreement at any time and without notice. What constitutes a material change will be determined at their sole discretion. By continuing to access or use the Services after those revisions become effective, the User agrees to be bound by the revised terms. If the User does not agree to the new terms, please stop accessing the Company’s Services. The Company further reserves the rights to modify, suspend or discontinue, whether temporarily or permanently, the services (or any part thereof) or products, for any reason without notice. 

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19. SEVERABILITY

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19.1  If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 

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20. FORCE MAJEURE

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20.1  Neither Party will be responsible for delays resulting from causes beyond their reasonable control, including without limitation fire, explosion, floods, storms, pandemics, state of emergency, hazardous situations, war, strike, or riot, and either party may choose to excuse themselves from further performance of their obligations under this Agreement if such occurrence materially affects the performance of Services. The party relying on Force Majeure will give the other party reasonable notice of their desire to terminate or suspend the Services. Notwithstanding, all payments owing for Services will remain due and payable with such amount to be determined by the Company.

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21. APPLICABLE LAW

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21.1  This Agreement shall be governed by the laws of the Province of Ontario regardless of conflict of law principles, and regardless of the location of the User. The User understands this and agrees that the laws of the Province of Ontario shall have exclusive jurisdiction over any disputes relating to this agreement.

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22. BINDING EFFECT

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22.1  This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns. 

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23. CONTACT

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23.1  If there are any questions about these Terms, the Company can be contacted at: bd@mlhc.info.