By continuing to the next section, you agree to follow and be bound by these terms of use (the "Terms of Use") and agree to comply with all applicable laws and regulations. It is your responsibility to review these Terms of Use periodically. If at any time you “Client” find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Site. We may revise these Terms of Use at any time without notice to you.
This Business Consulting Services Agreement (the "Agreement"), dated the day of purchase (the “Effective Date”), is by and between you ("Client"), and Gold Street Limited, a Ghanaian registered business ("Consultant"), for the purpose of carrying out the matters set forth herein (the “Services”) as per the following terms.
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Scope and Duties:
Client retains and hires Consultant to provide business consulting services (the “Services”) to Client, including, specifically, assistance with creating a business plan. The Client is entitled to one free revision after the draft of their business plan. Each subsequent revision thereafter is subject to a revision fee. Client has (14) fourteen calendar days to request a free one-time revision in writing if any changes are to be made.
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Term:
The term of this Agreement (the “Term”) shall be three (3) months from the Effective Date (the “Term”).
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Pricing:
Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the company, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent an “open-stock” price, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our affiliates, the List Price may be provided by the affiliate. With respect to items sold by Gold Street Limited, pricing is subject to change at any time. Please note that this policy applies only to products sold by Gold Street Limited. Your purchases from third-party sellers are charged at the time you place your order, and third-party sellers may follow different policies. All purchases are final, and no refunds will be issued with exception to business plans as described below.
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For services to be rendered whose definition does not match services advertised:
For services to be rendered whose definition does not match services advertised, pricing shall be on a case-by-case basis. An invoice covering the service will be sent to the Client in this instance. Payment terms however remain the same.
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Plan Processing:
Half (50%) of the payment is due at the time of order and the second payment (50%) will be processed prior to the release of the draft. Each Client is entitled to one free revision within 14 calendar days after the completion of the business plan. Each subsequent revision thereafter is subject to a revision fee starting at GHS200.00 and up.
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Cooperation:
Client acknowledges that cooperation and communication is needed to complete the business plan. If client is non-responsive for more than (10) ten calendar days, client’s request will be closed, and all monies paid will be forfeited. If client misses (3) three scheduled appointment times with plan writer all monies are immediately due and no refunds will be issued.
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Past Due Amounts:
Client shall pay all amounts and Fees when due. Balances unpaid for more than 30 days are subject to interest compounded daily. Without limiting any other provision of this Agreement, any statement unpaid for more than thirty (30) days shall be cause for Consultant to suspend provision of Services and/or terminate the Agreement. In the event of such termination, Consultant will retain all earned fees as liquidated damages. When Consultant's services conclude (as a result of termination or expiration of this Agreement), all unpaid charges, whether invoiced or not as of such time, shall become immediately due and payable.
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Suspension/Termination of Consulting Services:
If the Client cancels in writing prior to the first scheduled appointment with the writer, then a cancellation fee of 25% of the total cost of the plan will be retained. In the event the Client misses the first scheduled appointment with the writer and then cancels in writing then a then a cancellation fee of 50% of the total cost of the plan will be retained. After initial conversation with the plan writer has taken place all fees will remain payable and due. If the plan is postponed or delayed by the Client or Client's counterparts, for more than 30 calendar days, a reinstatement fee of GHS400.00 will apply. Upon Client’s failure to pay, or any other breach by Client of this Agreement, Consultant has the right to suspend performance of Services pursuant to this Agreement by providing Client with five (5) days written notice of Client’s failure to pay Consultant in accordance with this Agreement. Such suspension shall continue until the event causing such suspension is cured by Consultant or this Agreement is terminated pursuant to the terms hereof. The suspension of Consultant’s performance of Services shall not cause any suspension of the Term of this Agreement or Client’s payment obligations hereunder. Consultant may, in Consultant’s sole and absolute discretion, terminate this Agreement effective immediately upon written notice to Client in the event that (i) Consultant’s provision of Services would be unlawful under any applicable law, ordinance, rule or regulation; (ii) Consultant’s obligation to perform services hereunder remains suspended for ten (10) or more business days; or (iii) Client fails to pay Consultant all amounts and Fees when due. Client may terminate this Agreement only in the event that a material breach of this Agreement remains uncured by Consultant for no fewer than thirty (30) days. Upon termination of this Agreement, Client shall immediately pay to Consultant all amounts due hereunder. Client shall not be entitled to any reimbursement, refund, or return of any amounts paid to Consultant hereunder as a result of the termination of this Agreement by Consultant pursuant to this Section 7 or any other provision of this Agreement.
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Survival:
Notwithstanding any termination of this Agreement, suspension of Services or expiration of the Term, the terms hereof which by their nature are to survive termination, including, without limitation, Sections 3, 4, 5, 6, 7, 8, 9, 10, and 17 shall survive indefinitely.
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Indemnification:
Client shall indemnify, defend and hold Consultant, and Consultant’s parent(s), subsidiaries and affiliated companies, and each of their successors, licensees, distributors, and assigns and their respective officers, members, managers, directors, shareholders, employees, attorneys, agents and other representatives (collectively, the “Consultant Party”), harmless from and against any and all claims, actions, suits, judgments, obligations, damages, losses, penalties, liabilities, costs and expenses (including, without limitation, reasonable attorneys' fees and disbursements) of whatsoever kind and nature (collectively, “Claims”) imposed on, incurred by, or asserted against the Consultant Party by any third party, arising out of or in connection with the Services or any breach by the Client of any covenant or other provision hereof.
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Confidential Information:
Notwithstanding any other provision of this Agreement, including specifically Section 14, all terms, including all rights and obligations, of both Client and Consultant under any effective non-disclosure agreement, entered into between Client and Consultant prior to the Effective Date shall be incorporated herein by reference.
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Disclaimers:
Nothing in this Agreement, and nothing in Consultant's statements to Client, will be construed as a promise or guarantee about the outcome/s of the Services or the success of Client’s business. Consultant makes no such promises or guarantees. Consultant's comments about the outcome/s of the Services are expressions of opinion only. Additionally, Consultant’s Services are not to be construed in any way whatsoever as legal advice. Consultant will provide Client with a referral to attorneys and legal professionals, at no additional charge for the referral, as Client’s business needs dictate. Client shall use its own discretion whether to accept such referral and enter into an independent client/attorney relationship with such attorney or choose to seek advice from Client’s own legal representative for legal advice. The Consultant represents that all outcomes of business plans or any other service rendered is based on the Consultants’ own professional opinion and subject to the review of Clients before making decisions premised on the Consultants’ advice. WHEREAS THE CONSULTANT WILL DELIVER AT THE HIGHEST STANDARDS ON THE MARKET OR IN THE INDUSTRY, THE CONSULTANT TAKES NO LIABILITY FOR ANY LOSSES INCURRED FROM ACTIONS BASED ON THE OUTCOMES OF THEIR SERVICE. CLIENT IS SOLELY RESPONSIBLE FOR ALL LEGAL FEES AND OTHER EXPENSES ASSOCIATED WITH OBTAINING SUCH LEGAL REPRESENTATION, WHETHER FROM THE REFERRAL ATTORNEY OR CLIENT’S OWN LEGAL REPRESENTATIVE. SUCH FEES AND EXPENSES ARE INDEPENDENT OF AND IN ADDITION TO ANY FEES, EXPENSES AND OTHER COSTS ARISING HEREUNDER IN CONNECTION WITH THE CONSULTANT’S SERVICES.
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Liquidated Damages:
In the event of a breach by Client of either of Sections 3 or 10 of this Agreement, Client agrees to pay Consultant as liquidated damages ("Liquidated Damages") an amount equal to purchase. Client acknowledges that (i) these Liquidated Damages are a reasonable estimate of the actual loss Consultant will suffer; (ii) the amount of actual loss cannot be precisely determined but these Liquidated Damages are not plainly or grossly disproportionate to the actual loss; and (iii) these Liquidated Damages are not intended as a penalty to compel Client’s performance. Enforcement of this Section by Consultant shall not be an election of remedies (all of which shall be cumulative), or a waiver of any right to injunctive or equitable relief.
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Severability:
Each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but in the event any provision contained in this Agreement shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such provision shall be ineffective only to the extent of such invalidity, illegality, or unenforceability without making ineffective the remainder of such invalid, illegal, or unenforceable provision, or any other provision of this Agreement.
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Section Headings:
The headings of paragraphs, sections and other subdivisions of this Agreement are for convenient reference only. They shall not be used in any way to govern, limit, modify, or construe this Agreement or any provision of this Agreement, or otherwise be given any legal effect.
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Entire Agreement:
This Agreement contains the full and complete understanding and agreement between the parties with respect to the within subject matter, and supersedes all other agreements between the parties whether written or oral relating thereto, and may not be modified or amended except by a written instrument executed by both of the parties hereto.
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Governing Law:
This Agreement shall in all respects be subject to the laws of the State of Nevada applicable to agreements executed and wholly performed within Nevada.
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Disputes:
If a dispute, controversy or claim (a “Dispute”) arises out of or relates to this Agreement, or the breach thereof, and if the Dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. Any Dispute that cannot be resolved within fifteen (15) days after initiation of mediation shall be settled by arbitration administered by the requisite body appointed by the state agency recommended by the Laws of Ghana.
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Authority:
Client hereby acknowledges that he/she has the requisite authority to enter into this contract on behalf of the company.
