A Payment Plan Policy and Program Guidelines:
Our payment plans are created so customers can join our coaching programs and marketing services and learn and implement the lessons right away. We provide full support for every program and will deliver everything we promise. This does not apply to membership subscriptions.
PLEASE NOTE THE FOLLOWING:
1. Only enroll in a payment plan if it makes sense for your current financial status. If it will cause a hardship for you now, it will be in your best interest to create some income and enroll in one of our later programs.
2. Payment plans are created for a specific amount and number of payments. We do not offer custom plans, extensions, or adjustments.
3. We will send courtesy reminders if your payment fails to process. Your program access will be suspended after 10 days past due, and up to 30 days until payment is received. After 30 days, our payments manager will proceed with collection efforts, which may include your account being turned over to a collections service.
The following terms are in force:
By making a payment via KEAP payment gateway on our Orange Cat Agency website, or by wire transfer, you are entering into a SERVICES AGREEMENT with our marketing agency. This service agreement is either a month-to-month or an annual services agreement.
During your SERVICE AGREEMENT: Orange Cat Content Agency aka Phoenix Coaching LLC will provide marketing, copywriting, tech support, consulting, and marketing services that are customized to your brand and online business needs and requests. Our Communication Policy, our Content Policy, and Timelines Policy for your projects are provided to you in writing and via a series of videos in the Agency Welcome Dashboard. By making a payment, you agree to abide by the agency’s policies. It’s your responsibility to review the videos and be aware of the policies.
You were offered a significant savings for the yearlong services agreement up-front, and across every payment, for committing to a 1) a 12 -month agreement with a payment plan of the same amount debited via credit card every 30 days for 12 payments, or 2) a Full Payment, in advance for the 12- month plan, which included additional discounts, bonus materials, and trainings. Based on this discount, the 12-month service agreement is non-cancellable and non-refundable.
If you have a failed payment, a canceled payment, or you stop payment on the agreement during the agreed payment schedule, you have (7) business days to add a new payment method or create a mutually agreed alternative in writing which must then be approved in writing by the agency. After 8 business days of a missed payment, you are in breach of contract, all agency services will cease, access is withdrawn to agency platforms, and all marketing materials created to date are retained by the agency.
We have SERVICE AGREEMENTS for specific agency projects. Writing a book is called the Ultimate Book Interview and creating a speaking video is called RTS Studio Week. These are often offered as a bonus in the 12-month services agreement. The timeline to complete each project is one year from the date of the first payment. After this timeline has passed, if the project remains unfinished, the contract is null and void and all payments made to date are forfeited. Bonuses do not carry on beyond the original agreement end date. The agency does not guarantee outcomes or the completion of individual projects.
Bonuses have no monetary value. They are listed in your agreement and your proposal as a BONUS. The bonus is only valid if the terms of the original service agreement are in good standing. Bonuses may not be redeemed after the service agreement has been completed. Bonuses are removed if your service agreement is mutually modified below a 12-month contract. Bonuses may not be redeemed in the last 30 days of your service agreement.
Deposits paid toward any SERVICE AGREEMENT are non-refundable and non-cancellable. If you cancel your service agreement, fail to start your program by the deadline, or do not provide the requested content in the Content Policy, all payments made up to that date are considered damages for the cancellation of the time reserved for you under your services agreement.
A month-to-month payment plan requires a deposit equal to one month of your monthly rate plus the first month’s payment. This deposit will be applied towards your last monthly payment. Notification for cancellation of the month-to-month agreement must be made in writing, and confirmed in writing by the agency, on or before the 1st of the month with a minimum of 60 days’ notice. The next payment is then made for the first 30 days of the wrap-up phase and the second 30 days to complete outstanding projects and deliver materials is covered by the deposit. For cancellations, without written notice, we will continue to process payments as detailed in your payment plan. If there is not a deposit, the agency will cease all services within 30 days of the date of notice/or the 1st of the month.
Your start date with the service agreement must be 30 days or less from the first payment date unless approved in writing by the agency. If you are making payments towards a full payment option, with the additional bonuses and savings, all payments must be completed in 30 days or less from the date of the first payment, or that option and the savings are canceled. Once you make a payment, your agreement starts in 30 days, unless stated otherwise in a written amendment.
In the event of a default on a payment for the full payment option, a partial payment for a full-payment service plan may be applied to another agency package when available. This must be finalized within 10 business days of the missed payment. All amendments to an original service agreement is only valid if provided and accepted in writing by both the agency and the client.
By making a payment to our company, PHOENIX COACHING LLC, via our payment gateway in KEAP, and/or providing your credit card for payments towards your package, at the time of the payment, you agree to the following terms, regardless of whether you sign an additional agreement regarding the specific meeting dates and customized deliverables of your program in a strategic planning agreement:
LIMITATION OF LIABILITY.
By using PHOENIX COACHING LLC, DBA ORANGE CAT CONTENT AGENCY, aka Company’s services, and enrolling in the Program, Client releases Company, officers, employers, employees, directors, related entities, trustees, affiliates, and successors from any and all damages that may result from anything and everything. The Program is only an educational and/ or business consulting service being provided. Client accepts any and all risks, foreseeable or unforeseeable, arising from these transaction(s).
Regardless of the previous paragraph, if Company is found to be liable, Company’s liability to Client or to any third party is limited to the lesser of (a) the total fees Client paid to Company in the one month prior to the action giving rise to the liability, and (b) $1,000. All claims against Company must be lodged with the entity having jurisdiction within 100 days of the date of the first claim or otherwise be forfeited forever.
Client agrees that Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrollment in the Program. Client agrees that use of Company’s services and enrollment in this Program is at Client’s own risk.
DISCLAIMER OF GUARANTEE.
Client accepts and agrees that she/he is 100% responsible for her/his progress and results from the Program. Client accepts that there is no guarantee by the company that a certain revenue will be generated based on the material provided by the client. Client accepts and agrees that she/he is the one vital element to the Program’s success and that Company cannot control Client and/or Client’s participation. Client commits to accepting assignments/exercises/sessions presented by Company and, to the extent that assignments/ exercises/sessions require group participation, participating fully for the benefit of all members. If client is unwilling/unable to participate in exercises/assignments/sessions, the contract is terminable at Company’s option without recourse or refund of any kind.
Company makes no representations or guarantees verbally or in writing regarding performance of this Agreement other than those specifically enumerated herein. Client accepts that, because of the nature of Company’s services and extent of client’s participation in Company’s exercise(s)/recommendation(s), the results experienced by clients significantly vary. Client accepts responsibility for such variance. Company and its affiliates disclaim the implied warranties of titles, merchantability, and fitness for a particular purpose.
Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information that: (a) is now or subsequently becomes generally available to the public; (b) the Company or Client can have rightfully in its possession prior to disclosure by the disclosing party; (c) the Company or Client rightfully obtains from a third party. Company agrees not to disclose, reveal, or make use of any Confidential Information learned of through its transactions with Client, during discussion with Client, the coaching session with Company, or otherwise, without the written consent of Client. Company shall keep the Confidential Information of the Client in strictest confidence and shall use its best efforts to safeguard the Client’s Confidential Information and to protect it against disclosure, misuse, espionage, loss, and theft. To the extent that Client participates in group-coaching programs or interacts with other clients, Client agrees information received by Client about other client’s business or personal matters shall be considered Confidential Information and not be disclosed with the prior written consent of the disclosing party.
Client shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorney’s fees, and disbursements -which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Company recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company.
CHOICE OF LAW/VENUE.
This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado without giving effect to any principles or conflicts of law. The parties hereto agree to submit any dispute or controversy arising out of or relating to this Agreement to arbitration in the state of Colorado, Denver County pursuant to the rules of the American Arbitration Association, which arbitration shall be binding upon the parties and their successors in interest. The prevailing party is entitled to be reimbursed for all reasonable legal fees from the non-prevailing party in order to enforce the provisions of this Agreement.
This Agreement is in force upon any payment to the company for services, regardless of whether you use or cancel these services, constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations, and understandings, oral or written. This Agreement may be modified only by an instrument in writing duly executed by both parties.
The ownership, non-circumvention, non-disparagement, proprietary rights, and confidentiality provisions, and any provisions relating to payment of sums owed set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement for any reason.
If any of the provisions contained in these terms and conditions, or any part of them, is hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of such provision or any other provision contained herein, which shall be given full effect regardless of the invalid provision or part thereof.
The primary form of communication for this agreement are 2X monthly 60-minute Zoom Calls. The consultant will wait on the call for 10 minutes. If they are running over, they will send a text message or email notification to the client, and the Client will receive their full time once the call commences. These are scheduled by the client using a link provided for the company calendar. These calls are recorded and posted to Dropbox for the client within 2 business days. Technical difficulties can occur, and these calls will not be repeated. Calls are recorded and can be transcribed to capture instructions for the client regarding online business development and websites.
Client may invite team members to the scheduled calls. The agency will charge additional fees to meet with client’s team members outside of the bi-monthly calls for any additional meetings. However, team members may manage content for projects and send emails with instructions and content to support the completion of the client’s projects.
Missed calls, without a 24-hour notice via email, are not rescheduled. A medical emergency is an exception. One missed call, for any reason, is permitted and will be rescheduled at a mutually agreeable time within the same month. We will reach out via email to confirm upcoming calls. Unused calls do not roll over the next month. The company may need to reschedule calls and will offer as much advanced notice as possible.
The tech team offers office hours Monday – Thursday 10-4 Central US Time, and additional appointments with the tech team may be scheduled regarding your projects. The other form of communication is emails, word documents for email and website content, and a personal Dropbox folder. Text messages are allowed during business hours Monday-Thursday between 9-5 Central US Time only and for the sole purpose of managing calls and brief exchanges of information. Text messages are not to exceed 10 per month. The Client agrees to use approved communication channels of email, Zoom, and Dropbox, during regular business hours of 9-5 Central US Time Monday to Thursday. Any communication received outside of the hours of operation, or via Text, will be responded to within 48 hours after the start of the next business day.
The Client and the Company will work together closely during the strategic meetings, private calls, and through instructional videos, to create a comprehensive content plan. The final content is decided and provided by the CLIENT via a Word document, a video, or a transcript. Content for projects sent via text message is not accepted. Once the client signs off on the finalized content via email, the company will start to build and implement any web pages or online business campaigns. Please allow 10 business days.
Upon execution of this Master Agreement by payment to the company for services and/or an e-signature on an agreement, the Parties agree that any individual, firm Company, associates, corporations, joint ventures, partnerships, divisions, subsidiaries, employees, Companies, heirs, assigns, designees or consultants of which the signee is a Company, officer, heir, successor, assign or designee is bound by the terms of THIS AGREEMENT. A facsimile, electronic, or e-mailed copy of this Agreement, with a written or electronic signature, shall constitute a legal and binding instrument. By setting forth my hand below I warrant that I have complete authority to enter into THIS AGREEMENT.
Electronic Signature Consent
A link to these terms/or a signed copy of this waiver will be sent to the email address you provided for your receipt of payment and your signed agreement upon request.
By checking the box on the payment page, you are consenting to the use of your electronic consent in lieu of an e-signature and in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.