Terms of Use, Purchase & Refund Policies
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using any of our websites, including but not limited to: ConvertMOREConsulting.com, (the “Service”) operated by EFG CONSULTING INC., DBA ConvertMORE Consulting (“EFG Consulting INC.”, “us”, “we”, or “our”).
YOUR ACCESS TO AND USE OF THE SERVICE IS CONDITIONED UPON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS. THESE TERMS APPLY TO ALL VISITORS, USERS AND OTHERS WHO WITH TO ACCESS OR USE THE SERVICE. BY ACCESSING OR USING THE SERVES, YOU AGREE TO BE BOUTND BY THESE TERMS. IF YOU DISAGREE WITH ANY PART OF THE TERMS, THEN YOU DO NOT HAVE PERMISSION TO USE THE SERVICE.
USER AGREEMENT
Parties. The parties to this legal Agreement are you, and the owner of this ConvertMOREConsulting.com website business, EFG Consulting Inc.. If you are not acting on behalf of yourself as an individual, then “you”, “your”, and “yourself” means your company or organization or the person you are representing. All references to “we”, “us”, “our”, “this website” or “this site” shall be construed to mean this ConvertMOREConsulting.com website business and EFG Consulting Inc..
Agreement. The legal Agreement between you and EFG Consulting Inc. consists of this USER AGREEMENT, plus our Terms of Use and Privacy Policy which are incorporated herein and accessible from the site. If there is any conflict between this USER AGREEMENT and the Terms of Use, this USER AGREEMENT shall take precedence.
Modification of Agreement. We reserve the right to modify this Agreement at any time by posting an amended Agreement that is accessible through a link on this site’s home page and/or by giving you prior notice of a modification. YOUR CONTINUED USE OF OUR SERVICE FOLLOWING OUR POSTING OF AN AMENDED AGREEMENT OR PROVIDING YOU NOTICE OF A MODIFICATION WILL CONSTITUTE BINDING ACCEPTANCE.
Purchase Eligibility. If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
Subscriptions and Retainers. Access to some programs and products offer by ConvertMOREConsulting.com is by an auto-renewing subscription. Some subscriptions represent service retainers, and those retainers may have additional limits on coverage, including hours and access. The Subscription’s term is indicated at the time of purchase of the Subscription and will auto-renew at the frequency indicated until canceled by either party. A Subscription includes access to the ConvertMORE Consulting System for delivering events as described under (“Services”). We reserve the right to refuse or cancel your order at any time for reasons including but not limited to product or service availability, errors in the description or price of the product or service, errors in your order, or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. Purchases may not be made by minors under the age of 18 years of age or any user who has been suspended or removed from the system.
Payment of Fees. You agree to pay subscription fees as specified in the registration process. Payment of subscription fees may be made by credit card online at this site, or by any other method approved by us. Fees are non-refundable unless expressly provided otherwise on this site. If, for any reason, we are unable to charge your credit card with the full amount of the fees, or if we are charged back for any fee previously charged to your credit card, you agree that we may pursue all available remedies to pursue payment, including without limitation, suspension or termination of your account and rights to all Services from this site.
Subscription Use and Restrictions. Subject to the terms and conditions of this Agreement, our Terms of Use, and our Privacy Policy, you may access and use this site’s Services, for your own internal purposes or for those you are authorized to provide such services. All rights not expressly granted in this Agreement are reserved by us and our licensors.
All Subscriptions
Ownership. The material provided on this site and via our Services is protected by law, including, but not limited to, United States copyright law and international treaties. The copyrights and other intellectual property rights in this material are owned by us and/or others. Except for the limited rights granted herein, all other rights are reserved.
Work for Hire. For services that include a customized deliverable(s), the right to use the content of the deliverable(s) is owned by the customer upon delivery or upon paid-in-full status, whichever comes first. We reserve ownership of components of those deliverables that include our proprietary information, systems, and unique knowledge. Delivered content may not be resold by the customer in whole or in part.
Accounting of Work Hours. All Clients whose program includes a specific number of hours rather than a defined deliverable will have access to a G-sheet with a running accounting of all development hours as those hours are used. The detail provided includes the date the work took place, a link to the task or a description, the person who executed on the task, and the number of hours remaining available on the account.
1) Standard 1:1 count of time applies for development, implementation, and automation work requested under our standard turn-around time of 2 – 3 business days and handled during regular business hours.
2) Project Management is charged as incurred, 1:1 for Coffee Card, and included as part of the retainer for Strategy & Automation, Concierge, and Premier.
3) Rush. Rush is any work required fewer than 3 business days from the request date. There are two types of Super-Rush, Weekday and Weekend. Weekend Super-Rush is also applied for requests that need attention outside of business hours and/or holidays.
*Multiplier for Rush and Super-Rush Work.
–Rush: Time x 1.5
–Weekday Super-Rush: Time x 2.0
–Weekend Super-Rush: Time x 2.5
4) Creative work, including but not limited to copy editing and image/graphic editing, is charged at Time x 1.5. We do not provide original copy “from scratch,” the creation or design of branded images or a brand expression such as a logo, or similar original creative work under the hourly allotments. If the need for such arises, we can spec out as a stand alone project.
Termination.
1) For projects that are paid-in-full to initiate or 50% down, 50% upon completion, or similarly agreed-upon construct, in the event either Party seeks to terminate this agreement, within 3 business days of signatures, said Party may do so with or without cause. A written notice (termination request) must be received not more than 3 business days from the date of submission of this Agreement. If Company/Client terminates within the 3 business day window, EFG, at its sole discretion, may choose to refund up to 50% of the initial payment less any costs incurred up to the receipt of the termination request. If EFG terminates this agreement, EFG will refund 100% of the initial payment. Termination of the Agreement after the 3-day period may only occur with cause. If the Company initiates the Termination request, deliverables will cease effective on the date of the Termination request, and no refund of payments made will be provided. If EFG initiates the Termination request, deliverables will continue through the end of the paid-through period or some other mutually agreed-upon adjustment to the Scope of Work. No refund of payments made will be provided, and both EFG and Company will be released from all future obligations.
2) For projects that are divided into equal payments across a specific number of months but for which payments are not an open-ended, auto-renewing subscription, in the event either Party seeks to terminate this agreement within 3 business days of signatures to the Scope of Work or the initial payment when payment qualifies as an Agreement, whichever is sooner, said Party may do so with or without cause. A written notice (termination request) must be received not more than 3 business days from the date of submission of this Agreement. If Company/Client terminates within the 3-day window, EFG, at its sole discretion, may choose to refund up to 50% of the initial payment. If EFG terminates this agreement, EFG will refund 100% of the initial payment. Termination of the Agreement after the 7-day period may only occur with cause. If Company initiates the Termination request, deliverables will cease effective on the date of Termination Request, and no refund of payments made will be provided. If EFG initiates the Termination request, deliverables will continue through the end of the paid-through period or some other mutually agreed-upon adjustment to the Scope of Work. No refund of payments made will be provided, and both EFG and Company will be released from all future obligations under the Scope of Work.
3) For ongoing, open-ended, auto-renewing subscriptions, ie, “Retainers,” either party may request a termination with a 30-day written notification. The final payment will be prorated based on the date of the request relative to the next renewal date. Work on open projects will enter a “close out and hand-off” phase. There are NO REFUNDS issued for retainer renewal payments made prior to the cancelation request.
4) If the Scope of Work includes additional TERMINATION parameters or parameters/clauses that conflict with those written herein, The Scope of Work provided to Client and associated with this Agreement augments and/or supersedes this Agreement.
5) For termination related to any/all types of Work Agreements: Client’s Slack channel and other items owned by CMC and assigned to the Client to execute project requirements and tasks will remain open for 90 days from the date of the last work date (120 days from the date of the Termination Request in most cases). Client is responsible for downloading any and all items from these structures that they want to maintain possession of within that 90-day period. Failure to do so will result in the Client’s forfeiture of docs, files, and related items. Client is responsible for removing ConvertMORE’s access to any and all systems for which access has been provided and for updating shared passwords as may be required. ConvertMORE is not responsible for data breaches that may occur through our users or our access after the final day of work on the account.
All Clients, whether the account was completed or terminated with or without cause, have ongoing access to the ConvertMORE Client Portal, including all session recordings and documents uploaded therein until which time the ConvertMORE Client Portal is taken offline.
You agree that we may terminate your account and access to the Services for cause without prior notice upon the occurrence of any one of the following: (i) any material breach of this Agreement, including without limitation any failure to pay fees as they become due or any unauthorized use of the site or Services, or (ii) requests by law enforcement or other government agencies. Termination of your account includes removal of access to all Services. If we elect to terminate this Agreement for cause, we may elect, in our sole discretion, not to refund any prepaid fees or other amounts to you. You hereby authorize EFG Consulting Inc. to charge the credit card used in the registration process as follows: charges will be access to the ConvertMORE Consulting programs for the dollar amount and for the billing periods that are specified in the registration process. If the credit card authorization fails, we will request updated credit card information. However, if you do not provide updated credit card information that successfully authorized within 72 hours after notice, we may terminate your account and rights to all Services.
Money-Back Guarantee For Products*. Unless specified otherwise at the time of purchase, if you are not satisfied with a delivered Product for any reason, you will receive a complete refund if you notify us within seven (7) days of your registration or purchase and request a refund. There are no refunds after 7 days.
*”Products” are delivered in full at the time of purchase and do not include strategic consultation or custom-developed deliverables.
Technical Support. We shall answer questions through our ticket support system during our normal business hours regarding the use of the Products or Services.
Availability, Errors, and Inaccuracies. We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other websites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service, and we cannot guarantee the accuracy or completeness of any information found on the Service. We, therefore, reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without notice.
Warranty Disclaimers. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES, CONTENT, AND/OR PRODUCTS ON THIS SITE ARE PROVIDED “AS-IS, ” AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH PRODUCTS, SERVICES, AND/OR CONTENT. THIS SITE AND ITS LICENSORS SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE OR PRODUCTS, SERVICES, AND/OR CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THIS SITE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT: (A) WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE OR SYSTEM, (B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, ANY SUBSIDIARY AND/OR PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE. IN NO EVENT SHALL EFG Consulting’S TOTAL LIABILITY UNDER THIS AGREEMENT EXCEED THE FEES ACTUALLY PAID BY COMPANY FOR THE SERVICES PROVIDED HEREUNDER. UNDER NO CIRCUMSTANCES SHALL EFG Consulting BE LIABLE TO COMPANY OR ANY OTHER PERSON FOR DIMINUTION IN VALUE, TRADING LOSSES, OPPORTUNITY COST, LOST REVENUE, OR ANY INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY NATURE, WHETHER OR NOT FORESEEABLE.
Confidentiality. Information you may share with us as required for our work together is confidential. For the purposes of these Terms, “Confidential Information” shall mean any information disclosed to, or access provided to, during the course of our work together, past, present, or future, including but not limited to: (i) research and development, (ii) business activities and methods, (iii) clients/customers, client/customer lists, client/customer information including financial, (iv) products and services, (v) vendor lists, (vi) marketing material and copy, (vii) personnel, (viii) all financial information related to the promotion, including the successful or unsuccessful financial results achieved during and after the program, (ix) general and/or historical financial information related to or unrelated to the program. Confidential information shall not include information that is in the public domain.
Privacy. To access certain features of the Site, we may ask you to provide certain demographic information, including your name, email address, gender, year of birth, zip code, and/or country. You agree to provide true, accurate, current, and complete information about yourself as prompted by the Site’s registration forms. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete or being populated by a non-human “bot,” we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). The use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our
Privacy Policy. We do not sell, share, rent, or otherwise distribute your private information to any outside party, ever. Any personal information that we may collect on this site will be stored and processed in our servers located only in the United States. Read our complete Privacy Policy, including how we manage and store your information, here.
Income Disclaimers. While we make every effort to ensure that we accurately represent all the products and services on this Site and their potential for results, including income, it should be noted that earnings and income statements made by EFG Consulting, Inc. and its advertisers/sponsors are estimates only. There is no guarantee that you will make these levels of income, and you accept the risk that the earnings and income statements can differ greatly by individual. As with any business, your results may vary, and will be based on your individual capacity, business experience, expertise, and level of desire. There are no guarantees concerning the level of success you may experience. The testimonials and examples used are exceptional results, which do not apply to the average purchaser, and are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s success depends on their background, dedication, desire, and motivation. There is no assurance that examples of past earnings can be duplicated in the future. We cannot guarantee your future results and/or success. There are some unknown risks in business and on the internet that we cannot foresee, which could reduce the results you experience. We are not responsible for your actions. The use of our information, products, and services should be based on your own due diligence. You agree that EFG Consulting, Inc. and the advertisers/sponsors of this website are not liable for any success or failure of your business that is directly or indirectly related to the purchase and use of our information, products and services reviewed or advertised on this website. Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites or the information, products or services offered on or through the sites. In addition, neither we nor our affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on linked websites linked on the Site. If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not EFG Consulting, Inc. Neither we nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, we neither endorse nor are we responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized representative while acting in his/her official capacity.
Arbitration. The parties agree that any disputes or questions arising hereunder including the construction or application of this agreement shall be settled by arbitration in accordance with the rules of the American Arbitration Association that are then in force. Any dispute arising out of this Agreement that the parties cannot resolve amongst themselves shall be submitted to binding arbitration before the Judicial Arbiter Group in Denver, CO before a mutually agreeable arbitrator who shall not be affiliated with either party. The arbitrator shall determine the rules of the arbitration with express instructions to define rules that are most expeditious and cost-effective for the parties. If a mutually agreeable arbitrator cannot be determined by the parties, each party shall individually nominate an arbitrator and both nominated arbitrators shall determine an adequate arbitrator. Any decision by the arbitrator may be reduced to judgment in a competent jurisdiction. If EFG Consulting is required to take any action to collect any fees and/or costs incurred hereunder or to enforce a breach of this Agreement, whether in a court of law, via arbitration or otherwise, opposing party agrees to pay any and all costs associated therewith, including, without limitation, EFG Consulting, Inc.’s attorneys’ fees, court costs, arbitration expenses, etc.
Jurisdiction and Venue; Applicable Law. The courts of Boulder, CO and the nearest U.S. District Court shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under this Agreement. The laws of State of Colorado, USA shall apply to all issues in dispute, excluding its rules regarding conflicts of law.
Severability. If any provision of this Agreement is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the un-enforceability or invalidity of any provision shall not affect any other provision of this Agreement, and this Agreement shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.
Misc. We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
Survival. Those clauses, the survival of which is necessary for the interpretation or enforcement of this Agreement, shall continue in full force and effect in accordance with their terms, notwithstanding the expiration or termination hereof.
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