Subscription Plans Policies & Agreements
2023 Refund / Exchange Policies
Here is the “plain speak” on working with us…
We take pride in delivering what we promise, so everything we offer has been tested and proven to rock your world (and we have the evidence based on hundreds of video endorsements and testimonials from around the world).
Orange Cat Content Agency packages are detailed and complex online marketing business systems; it’s not something to check out for a week or two, test drive, or “hope” will work quickly for some fast income, so you can afford to keep going. Your success depends on your full commitment to practice the inner and outer game strategies we’ll be sharing with you along with providing resources and key content to create your business websites and market them effectively.
Your monetary success is not guaranteed by this agency relationship, everyone has different results, levels of expertise, databases of potential clients, and varying timelines, success is based on a multitude of individual and unique factors, however, we will promise to share every strategy, implementation, and latest marketing tool to build your multi-faceted online business platform.
Before you make a payment to our agency, you must confirm that you have the funds available to complete payments for the marketing and implementation program over the duration of time you have selected whether it is 6 months or 12 months or an individual time-sensitive program.
If investing in our services, programs, and products will cause a financial hardship or create stress for you, it’ll be in your best interest to invest at a later time.
All programs must be completed within the time frame specified on the order form or in the agreement.
All purchases are non-refundable, so be sure that the timing you agree to follow is aligned with you before committing.
Since all sales are final, you waive any rights to chargeback your purchase with your credit card processor.
Here are our legal terms and conditions on Refunds:
By making any monthly payment, program deposit, or full payment to PHOENIX COACHING, LLC, you agree to these terms as referenced under Refund Policy and Payment Plan Policy in our payment gateway via Keap. A receipt will be emailed to the address you have provided.
REFUND POLICY FOR COMPENSATION.
By making any payment, including a deposit for future services, a full payment, or an installment on a payment plan to PHOENIX COACHING, LLC, via credit card through our payment processor in Keap you agree to the following REFUND POLICY terms regardless, or not, of whether you sign the additional strategic planning agreement provided to you outlining the other deliverables in your agreement.
All deposit fees and consulting fees paid to date are non-refundable and non-transferable, regardless of if the program you have enrolled in has commenced. Client may cancel at any time during the agreement, however the fees paid up to the date of the cancellation are non-refundable at the time of cancellation.
If available, the agency will offer you an alternative/modified consulting program or package to apply the funds paid to date and to match the investment made by you.
Upon execution of a credit card payment for a program through our payment gateway, Client agrees to the REFUND and PAYMENT PLAN POLICY and shall be responsible for the full extent of the Fee, regardless of whether Client completes the full extent of services offered by Company. Company shall not be obligated to invoice Client for payments. Company will provide Client with payment receipts that will be sent via email to the email address of record. Client’s acceptance of this agreement comprises Client’s authorization for all charges set forth in this Agreement on the dates set forth herein. In the event, Client terminates services prior to the completion of the services, Company will keep all fees paid to date.
Client has independently evaluated its ability to pay the Fee with Client’s independent consultants, considering the Client’s financial position and circumstances, and verifies that it is able to pay the Fee and will not be unduly burdened by payment of the Fee.
CHARGEBACKS AND PAYMENT SECURITY.
Client agrees with these terms by making a payment and agrees that they will not make any chargebacks to Company’s account or cancel the credit card that is provided as security without Company’s prior written consent. Client is responsible for 100% any fees associated with recouping payment on chargebacks and any collection fees associated therewith.
This is a Master Agreement for Phoenix Coaching, LLC, and may be updated from time to time. You agree to these updates in the policy.
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.
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.
4. You may cancel your subscription at any time by completing this form. Cancellation Requests must be submitted no less than 2 business days before the next billing date in order to be processed immediately. Cancellation requests submitted less than 2 business days before the next billing date may not be processed until after the next billing date.
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.
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.
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 tech team offers office hours via email Monday – Thursday 10 am-4pm Central US Time.
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.
Any and all forward-looking statements on this website or on any of our sales, marketing and/or promotional material are intended to express our opinion of earnings potential. Reasonable efforts have been made to accurately represent this product/service and its potential. In terms of earnings, there is no guarantee that you will earn any money using the techniques and ideas in this material or on this website. You acknowledge that the information presented in this material or on this website is not to be interpreted as a promise or guarantee of earnings or success. Earning potential is entirely dependent on the person using Orange Cat Content Agency products, ideas and techniques.
Orange Cat Content Agency’s reports on the success of any of its clients are based on the success that was relayed or portrayed to Orange Cat Content Agency by the client. Any claims made of earnings or examples of results can be verified upon request. Your level of success in attaining the results claimed in our materials largely depends on the time you devote to the program, ideas and techniques mentioned, your finances, knowledge, market, various skills and other factors. Since these factors differ from person to person and success depends on the market and economy, we cannot guarantee your success or profit , and you accept the risk that earnings and income reports differ from person to person. North Results Inc. does not accept responsibility for any of your actions.
There are many factors which are important in determining your actual results and there are no guarantees that you will achieve results similar to ours or anyone else’s. Orange Cat Content Agency makes no guarantees that you will achieve any results from our ideas and techniques in our material.
The use of our information, products, services and techniques should be based on your own due diligence and you acknowledge and agree that North Results Inc. shall not be liable for the success or failure of your business as it relates to the purchase and use of our products, services, and/or information reviewed or advertised on this website.
Orange Cat Content Agency
720 S. Colorado Blvd
Denver, Colorado 80246
Effective as of April 10, 2023