IAN KONIAK SALES COACHING INC. TERMS OF SERVICE
State of California
This Service Agreement, hereinafter referred to as "Agreement," is entered into and made effective as of the date set forth at the end of this document by and between the following parties:
Ian Koniak Sales Coaching Inc, a Corporation, organized under the laws of the state of California, having its principal place of business at the following address: 531 Main Street Suite 997 El Segundo, CA 90245-3060
Hereinafter, "Service Provider" will refer to and be used to describe the following party: Ian Koniak Sales Coaching Inc.. Client and Service Provider may be referred to individually as "Party" and collectively as the "Parties."
WHEREAS, Client wishes to retain the Services (as defined below) of Service Provider;
WHEREAS, Service Provider has the skills, qualifications, and expertise required to provide the Services to the Client; WHEREAS, Service Provider wishes to render such Services to Client. NOW, therefore, in consideration of the promises and covenants contained herein, as well as other good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged), the Parties do hereby agree as follows:
Article 1 - DEFINITIONS: As used in this Agreement: "Services" shall be used to refer to the following specific services that the Service Provider will provide to the Client under the terms and conditions set forth herein:
Bronze Membership: Bronze Membership is focused on the key elements of education, application and access delivered through online, self-service training. Bronze Membership includes the following:
- One year access to Untap Your Sales Potential Online Course. Full curriculum can be found here
- Mobile App
- Course Certification (upon completion of all modules)
All courses will be available via a virtual training portal with your own unique log in for 24/7 access accessible via web or mobile application. No live phone calls, Zoom meetings, or Private Community membership will be available to Bronze members.
Silver Membership: Silver Membership is focused on the key elements of education, application and access delivered through online training and live group coaching calls. Silver membership includes access to all features included with Bronze membership, with the addition of the following:
- 2 live group virtual training calls per week. Each group coaching session is recorded and made available through our virtual training portal available to Silver and Gold Members.
- Private member community where members can post questions and collaborate directly with Ian and other members.
- Private cohort with other Silver and Gold Members for ongoing support and accountability
Gold membership: Gold Membership is focused on the key elements of education, application and access delivered through online training, live group coaching, 1-on-1 private coaching, and live events. Gold membership includes access to all features included with Silver Membership, with the addition of the following:
- Twelve 60 minute 1-on-1 private coaching calls with Ian Koniak.
- Admission to 2 live events
- Text access to Ian
Gold customers who pay upfront can choose to use these 12 calls on a weekly, bi-weekly, or monthly basis on a schedule that is mutually agreed upon by Ian and the client. Gold members who pay monthly will receive one private 1:1 coaching call per month.
These calls focus on directly applying and doing the work that you learn in the live virtual training on a personal basis. These calls can also be used for deal reviews, deal strategy, or anything else the client would like to focus on.
After the 12 sessions have been utilized, the client has the option of purchasing additional coaching sessions at a cost of $1,000/session as needed.
Article 2 - FEES: "Fees" shall be used to refer to the payment Client will pay to Service Provide for the rendering of the Services. Specifically, the fees shall be as follows:
Annual Billing: $3,000 total for a 12-month membership. No cancellation or refunds.
Annual Billing: $9,000 total for 12-month membership. No cancellations or refunds.
12 Payment Plan: $900/month for 12-month period ($10,800 total). No cancellations or refunds.
Annual Billing: $18,000 total for a 12-month membership. No cancellations or refunds.
12 Payment Plan: $1,800/month for 12-month period ($21,600 total). No cancellations or refunds.
The Client agrees to pay the Service Provide the required Fees, as outlined elsewhere in this Agreement, for the provision of the Services, subject to the following terms and conditions:
A) Renewal Terms: This agreement will automatically renew at the end of the then-current Schedule Term for a period of 12 months. If a client decides not to renew, they can cancel their membership within 30 days of their membership expiration date by submitting a cancellation request. Service Provider will send an e-mail notification to the client 30 days, 14 days, 7 days, 2 days, and 1 day prior to the expiration of their membership term with a reminder that the end of term is approaching with instructions to cancel. If the client does not submit a cancellation request, the membership will automatically renew for an additional year and will be charged to the credit card on file.
B) Billing Period: If the Client elects for the 12 payment plan, the Client agrees to be charged on a recurring 30-day basis from the date of first charge for 12 months. The client is obligated to make 12 total payments under the terms of this agreement
C) Method of Payment: Service Provider accepts Credit Card and PayPal.
Article 4 - CANCELLATION BY CLIENT: All Coaching programs include one year full membership and cannot be canceled or refunded for any reason by client. If a client elects for the 12 payment plan, they understand that the agreement is non-cancellable until after the one year term expires, and understand they will be charged for 12 payments.
Article 5 - CANCELLATION BY SERVICE PROVIDER: The Service Provider reserves the right to cancel membership of any client who is in direct violation of the Code of Conduct as outlined in Article 9 Section D of the General Provisions. Upon the first violation, the Service Provider will notify the client and afford them an opportunity to abide by the Code of Conduct for the remainder of their membership. If a second violation occurs after this notification, the Service Provider reserves the right to immediately cancel the remaining membership term and all outstanding fees will be due upon cancellation. No refunds will be given if a membership is canceled due to violation of the Code of Conduct.
Article 6 - INTELLECTUAL PROPERTY: In accordance with the terms and conditions of this Agreement, the Service Provider may create certain intellectual property ("Created IP"), including, but not limited to, plans, drawing, specifications, reports, advice, analyses, designs, methodologies, code, artwork, or any other intellectual property as required to render the provision of Services to the Client. Unless the Parties otherwise agree, any such Created IP generated by the Service Provider in connection with the provision of Services to the Client shall belong to the Service Provider and cannot be reused or distributed.
Any intellectual property provided by the Client to the Service Provider to assist in the provision of Services, that was not created by Service Provider pursuant to this Agreement, shall belong to the Client. Any ancillary intellectual property belonging to the Service Provider, provided or shown to the Client in any way, that was not created by the Service Provider pursuant to this Agreement, shall belong to the Service Provider.
Article 7 – COMPETITION: During the course of this Agreement and for a period of one year following the termination of this Agreement, the Client agrees to refrain from engaging, directly or indirectly, in any form of commercial competition (including, but not limited to, through business, marketing, investment or financial activities) with the Service Provider. Additionally, the Client shall not entice away from the Service Provider or employ or offer to employ any person who is employed by the Service Provider during the term of this Agreement and for one year following the termination of this Agreement, whether or not the person would commit a breach of his or her contract of employment by being enticed or accepting employment with them.
Article 8 - INDEMNITY: Client hereby agrees to indemnify Service Provider, and all of Service Provider's agents, employees, and representatives against any and all damage, liability, and loss, as well as legal fees and costs incurred, as a result of the Services rendered this Agreement or any transaction or matter connected with the Services or the relationship between Service Provider and client. This clause shall not be read to provide indemnification for any Party in the event that a competent court of law, rendering a final judgment, holds that the bad faith, gross negligence, or willful misconduct of the Party caused the damage, liability, or loss.
Article 9 - GENERAL PROVISIONS:
A) GOVERNING LAW: This Agreement shall be governed in all respects by the laws of the state of California and any applicable federal law. Both Parties consent to jurisdiction under the state and federal courts within the state of California. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature.
B) SEVERABILITY: If any provision or term of this Agreement is held to be unenforceable, then this Agreement will be deemed amended to the extent necessary to render the otherwise unenforceable provision, and the rest of the Agreement, valid and enforceable. If a court declines to amend this Agreement as provided herein, the invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of the remaining terms and provisions, which shall be enforced as if the offending term or provision had not been included in this Agreement.
C) ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Parties and supersedes any prior or contemporaneous understandings, whether written or oral.
D) CODE OF CONDUCT: All membership programs have been designed with the intent of helping people master the mindset, habits, and skills needed to drive elite sales performance. To ensure an optimal member experience, it’s critical that members follow the site Code of Conduct as described below:
DO: Participate, engage, and help others during group coaching calls and within the private LinkedIn Community Page. Helping others and engaging with the community benefits everyone so please share your questions, wins and anything you're struggling with. Upon joining the Community, please introduce yourself and share why you decided to join the Community.
- Share promo posts: This membership site is for learning. If you SPAM the group, you will be warned after the first violation and your membership will be canceled after the second violation.
- Be confrontational and rude to others. The community is designed to help one another, rather than to criticize or insult others.
- Post inappropriate content, messages, or images which offend members of the community.
E) Confidentiality This coaching relationship, as well as all information (documented or verbal) that the Client shares with the Coach as part of this relationship, is bound by the principles of confidentiality set forth in the ICF Code of Ethics. However, please be aware that the Coach-Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and thus communications are not subject to the protection of any legally recognized privilege.
The Coach agrees not to disclose any information pertaining to the Client without the Client’s written consent. Confidential Information does not include information that: (a) was in the Coach’s possession prior to its being furnished by the Client; (b) is generally known to the public or in the Client’s industry; (c) is obtained by the Coach from a third party, without breach of any obligation to the Client; (d) is independently developed by the Coach without use of or reference to the Client’s confidential information; or (e) the Coach is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the Coach and as a result of such disclosure the Coach reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others; and (g) involves illegal activity. The Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with the Coach in a timely manner.
F) FORCE MAJEURE: Service Provider is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
G) NOTICES ELECTRONIC COMMUNICATIONS PERMITTED: Any notice to be given under this Agreement shall be in writing and shall be sent by first class mail, air mail, or e-mail, to the address of the relevant Party set out at the head of this Agreement.
H) Usage Restrictions and License Sharing: Customer will not (a) make any Service or Content available to anyone other than Customer or share login information to the portal, or use any Service or Content for the benefit of anyone other than Customer (b) sell, resell, license, sublicense, distribute, rent or lease any Service or Content, or include any Service or Content in a service bureau or outsourcing offering, (c) attempt to gain unauthorized access to any Service or Content which are not included with their membership level (d) permit direct or indirect access to or use of any Services or Content in a way that circumvents a contractual usage limit, or use any Services to access, copy or use any of Ian Koniak Sales Coaching’s intellectual property (e) modify, copy, or create derivative works of a Service or any part, feature, function or user interface thereof, (f) copy Content except as permitted herein (g) frame or mirror any part of any Service or Content (h) except to the extent permitted by applicable law, disassemble, reverse engineer, or decompile a Service or Content or access it to (h) build a competitive product or service (i) build a product or service using similar ideas, features, functions or graphics of the Service