SERVICE AGREEMENT

SYSTEMATIZE YOUR KAJABI SUPPORT

 

 

Effective date May 25, 2022

This Online Service Agreement is entered into by and between You (“Client” or “You”) and BLG Business Solutions (“BLG”, “we”, or “us”).

Service

BLG agrees to provide you with access to BLG team members as per the service level purchased. As a condition of purchasing this service, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.

Terms of Use & Privacy Policy

BLG’s Terms of use and Privacy Policy are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the Service. In the event of a conflict between any of those policies and this Agreement, this Agreement shall govern.

Nature of The Relationship

Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. BLG is agreeing only to provide the Client with access to the Services, which provides support, education, and recommendations. The information provided by the Service is not intended as, and shall not be understood or construed as, professional business directive, and the Client is still responsible for any actions taken based on BLG information or recommendations.

Fees

In consideration of your access to the Service, you agree to pay the following fees.

LEVEL 1: $500/month or $250/bi-weekly

LEVEL 2: $600/month or $300/bi-weekly

LEVEL 3: 7500/month or $375/bi-weekly

You may choose between a monthly payment plus applicable taxes (first payment due immediately) or a bi-weekly payment plus applicable taxes (first payment due immediately). Your selected payment frequency will be automatically charged the following payment period. You will remain responsible for those ongoing payments unless you cancel your subscription. In the event that any payment is not made, BLG will suspend your access to Services and halt any work in progress.

Payment Plan Authorization

If You elect to purchase this Service, You hereby authorize BLG to charge your selected payment method automatically according to the terms set forth in the Fees section about.

Refund Policy

No refunds are available, but You can cancel your Service anytime by logging into blgbusiness.com/login. Any remaining hours left in your billing period are still available to be used until the end of your current billing period.

The Service

As part of the Service, BLG shall provide the following to the Client based on the Service Level You have purchased.

Kajabi Tech Support: BLG shall provide support for your Kajabi site to you, your team members, or your students who are experiencing issues with the platform.

Kajabi Training: BLG shall provide up to four (4) hours per month of training on your Kajabi site to you or your team members. You can book 1-1 training sessions with BLG or submit questions and request on-demand tutorial videos. All training materials will be recorded and stored for the Client to access in a private hub. You may not distribute or share these training materials with third parties. If you fail to abide by this rule you will forfeit your right to the training materials and this Agreement may be canceled.

Online Product Strategy: BLG shall provide up to four (4) hours per month of strategy for your online or digital products. You can book 1-1 strategy sessions with BLG or submit issues and request on-demand videos. All strategy materials will be recorded and stored for the Client to access in a private hub. You may not distribute or share these materials with third parties. If you fail to abide by this rule you will forfeit your right to the strategy materials and this Agreement may be canceled

Ownership of All Intellectual Property

Any content or materials created at your request, such as text, graphics, images, videos, audio, as well as the compilation thereof will become property of the Client at the termination of the Service. BLG may take the concept of any Service provided and use it to create support, training, or strategy material for future clients, for BLG use, or for marketing purposes.

Any software used in the execution of the Service is the property of BLG or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. Any business names, logos or slogans, and all related names, logos, product and service names, designs, and slogans are trademarks of BLG or its affiliates or licensors. You must not use such marks without the prior written permission of BLG.

You are granted a non-exclusive, non-transferable, revocable license to access and use the Service. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Services are materials created during, in whole or in part.

You will use protected content solely for your business use, and will make no other use of the content without the express written permission of BLG and the copyright owner.

You hereby agree that any infringement of BLG’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate BLG’s intellectual property rights, your access to the Service will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees or use of unused Service hours.

Confidentiality

BLG respects the privacy of its clients and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Service you agree to respect BLG’s confidential information.

Specifically, the execution of this Service contains BLG’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Service with anyone other than your team members, BLG, and its employees and subcontractors.

Personal Responsibility

By participating in the Service, you accept personal responsibility for the results of your actions. You agree that BLG has not made any guarantees about the results of taking any action, whether recommended in the Service of not. BLG provides support, education, and recommendations that are intended to help Clients succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts or those of your team members, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of BLG.

You agree to take full responsibility for any harm you suffer to your business as a result of the use, or non-use, of the information and support provided by the Service. You agree to use judgment and conduct due diligence before taking any actions or implementing any recommendations suggested by the Service.

Materials Provided by You During the Service

BLG does not claim ownership of the information or materials You may provide during the Service or upload, input, or submit to any Website or our associated services (collectively “Submissions”).

By uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your submission as described in this section, including, without limitation, all the rights necessary for you to provide, upload, input, or submit the Submissions.

No Warranties

BLG makes no warranties regarding the performance or operation of the Service, including any technological aspects of the Service.

Limitation of Liability

You agree to absolve and do hereby absolve BLG of any and all liability or loss that your business or any person or entity associated with you may suffer or incur as a result of the use of the Services and/or any information provided in the Services. You agree that BLG shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable or consequential loss or damages for use of the Service.

The information, software, products, and service included or available through the Service may include inaccuracies or typographical errors. Changes and periodically added to the Service. BLG may make improvements and/or changes to the Service at any time.

BLG makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related content contained in the Service for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related content are provided “as is” without warranty or condition of any kind. BLG hereby disclaims all warranties and conditions with regard to this information, software, products, services, and related content, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

To the maximum extent permitted by applicable law, in no event shall BLG and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Service, with the delay or inability to use the Service, the provision of or failure to provide services, or for any information, software, products, services, and related content obtained through the Service, or otherwise arising out of the use of the Service, whether based on contract, tort, negligence, strict liability, or otherwise, even if BLG had been advised of the possibility of damages. If You are dissatisfied with the Service, your sole and exclusive remedy is to discontinue using the Service.

Dispute Resolution

You hereby expressly waive any and all claims you may have, now or in the future, arising out of or related to the Service. To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only in the Province of Saskatchewan, Canada and through final and binding arbitration before a single arbitrator, selected jointly. You understand that this agreement, and all claims related thereto, will be governed exclusively by the laws of the Province of Saskatchewan.

Indemnification

You agree to indemnify, defend, and hold harmless BLG, its employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable legal fees) relating to or arising out of your use of or inability to use the Service, any materials provided by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. BLG reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with BLG in asserting any available defenses.

Termination and Access Restriction

BLG reserves the right, in its sole discretion, to terminate you access to the Services or any portion thereof at any time, if You become disruptive to BLG or it’s contractors, if You fail to follow the Service guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and will not be entitled to any hours remaining in the event of such termination.

Entire Agreement

This Agreement, along with the BLG’s Terms of Use and Privacy Policy, constitutes the entire agreement between You and BLG with respect to the Service, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and BLG with respect to the Service.

Severability

If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

Waiver

No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof of the exercise of any other right, remedy, power, or privilege.

Force Majeure

BLG shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure of delay in fulfilling or performing any terms of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of BLG including, without limitation, acts of god, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lock-outs, strikes, or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

Effective Date

This Agreement shall commence and be enforceable with respect to each Service client upon the date that the Client initially purchases the Service.

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