Version applicable from 22nd February 2024.
DEFINITIONS
1.1.
General use of the website represents any activity that the user does on or through the Website.1.2.
These General Terms of Use apply to absolutely all visitors and users of our website. Your use of the website represents your acceptance of these General Terms of Use, which take effect on the first day of your use. If you do not agree to our General Terms of Use, you are not allowed to use this website. By continuing to use our Website you confirm that you have read, understood and agreed to all these General Terms of Use.
d.You must not use any other person’s account to access the website unless you have that person’s express permission to do so.
1.7.1. Copyright of the website, all written content and design, except for the user-generated content is owned by the Service Provider. Files including information, video content, offers, images, photos, logos, names and icons may not be used, downloaded, altered or adapted for any purpose without the prior written permission of the copyright owner.
1.8.1.
Service Provider’s Website Content Originality
– We guarantee that to the best of our knowledge, our services or information posted in any section on our website are original and they do not violate any copyrights. In case you have a fair doubt that our services or information have infringed any intellectual property rights, you agree to notify us in writing regarding any breach in order for us to take all the necessary measures to repair the issue and to act in good faith. In this respect, we will reply to your request within 7 (seven) working days from the receipt.
1.9.2.
The content provided in all the website sections is designed to offer helpful information on the subjects discussed. The Service Provider doesn’t guarantee the accuracy or authenticity of the information provided on the website, including but not limited to the description of our services and the blog section. All the content provided on our home page, the individual service pages and all the content on our blog section is
strictly for informational purposes, except for the content included in the Corporate Section and Contact Information, both found on our website’s footer. The Service Provider will not be held liable for any direct or indirect damages caused to you or to your business that result from you taking action according to the information provided on the website and we don’t guarantee you any positive results in following any advice provided by or through us.
When the Service Provider makes reference to business or money-making opportunities, you understand and agree the following:
Some of the links included in our content are affiliate links for which we will receive a commission if you make a purchase or sign up through the respective link. All the affiliate links on our website are for services that we have used ourselves and that we employ for our own clients. We collaborate with some of the companies advertised in order to obtain special discounts, promotions and free trials for you that you cannot obtain otherwise. Please note that we do not control whether the discounts will still be available at the time you access the links, as the third party provider can, at any time and without notice withdraw the discount.
1.10.1.
1.10.3.
You agree not to hold us liable for any loss, alteration, modification or theft of Personal Data or confidential information that results from a breach of the security systems we have put in place.
Comments are welcomed and encouraged on this site and on our blog posts, but there are some instances where comments will be edited or deleted without any prior notification, the decision being left at the discretionary power of the website owner as follows:
We reserve the right to edit or delete any comments submitted to the website without notice. This comment policy is subject to change at any time. If you have any questions on the commenting policy, please let us know at
[email protected]
or
[email protected].
1.12.1. These Terms & Conditions and any Agreements between the Parties will be governed by the Laws of Romania. The Courts of Romania shall have exclusive jurisdiction over all transactions, business dealings & disputes between the Service Provider and the Client. By using this website, placing an order, or purchasing a product or service, the Client expressly agrees with this choice of jurisdiction.
1.13.1. If any provisions of this Agreement are invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that will meet the purpose of the invalid or unenforceable provision as closely as possible.
1.14.1. Neither Party shall be liable for any failure to perform under this Agreement and/ or Task Order when such failure is due to causes beyond that Party’s reasonable control, including, but not limited to, acts of state or governmental authorities, acts of terrorism, natural catastrophe, fire, storm, flood, earthquakes, accident, and prolonged shortage of energy.
2.1.
Both Parties agree to take all the necessary measures in order to solve any dispute regarding the payment amicably. The Client agrees not to initiate any chargeback for any amount already paid to the Service Provider, otherwise being bound to pay to the Service Provider a penalty of $ 5,000 USD without any need for any further legal procedures and even if an eventual chargeback process was successful. The Client also understands and agrees that a positive solution in a chargeback dispute initiated by the Client is not to be considered final or binding and that the Service Provider has the right to recover any amount due by the Client though any legal means.
Furthermore, for any time involved in disputes or handling issues of late payment or lack of payment when the Service Provider is successful either in a credit card cancellation dispute, or in court, the Service Provider has the right to pursue the Client for costs incurred in terms of loss of business profits in the form of time for the Service Provider or its representatives, to be itemized by the Service Provider and billed to the Client at the hourly rate specified in clause 2.8.
2.6.5.
All prices listed do
NOT
include EU VAT. EU-based natural persons will also be charged VAT. EU-based companies must provide a valid VAT ID and the VAT will be reverse-charged.
2.7.1. Unless otherwise stated in the Sales Page of the Product or Service, you have the right to cancel your order as follows:
2.7.2. In order to ensure your complete satisfaction with our digital Products or Services, as they are described in the Definitions Section of this Agreement, we might offer you a 7, 30, 60, or even 90 Day Guarantees. This rule and its terms shall always be stated in the Sales Page of the Product or Service, and if it’s not, then there is no guarantee available. 2.7.3. If a refund is offered in accordance with clause 2.7.1 or 2.7.2, the Service Provider shall refund
100% of the money back, minus any expenses incurred associated with obtaining the client or delivering the services to the client & transaction costs in accordance with the rest of this agreement, which are non-refundable.
In addition to the services The Client may purchase through an Order on the website, additional services may be negotiated with the Service Provider through email, and if the Service Provider agrees to perform the services in question, they will be billed at the Service Provider’s hourly rate of 200 USD per hour, unless otherwise stated in a separate agreement between the Parties.
2.9.1.1 The Service Provider has the obligation to deliver on the services or products that make the object of the Order.2.9.1.2 The Service Provider has the obligation to fully respect the terms and conditions of this Agreement.2.9.1.3 The Service Provider has the obligation to fully respect the confidentiality clauses of this Agreement.2.9.1.4 The Service Provider has the right to subcontract parts or the entirety of the Services to third parties without requiring the consent of the Client, in order to ensure that the projects are completed to the highest standard of quality. This may involve sharing contact information, business details, login information and passwords and other similar information that the subcontractor may need to perform its role. The Client fully accepts and agrees that the Service Provider has the right to share such information with its subcontractors. 2.9.1.5 The Service Provider has the right to terminate the Order if the Client doesn’t complete the full payment within the agreed upon timeframe or cancels their subscription. All unpaid fees are due and collectible at the time of termination.2.9.1.6 The Service Provider has the right to terminate any recurring service provided they announce the Client via email before the next billed period.
2.9.2.1 For any services purchased, the Client has the obligation to complete their Onboarding Questionnaire within 3 business days through the link here
https://tanda.digital/onboarding/
thoroughly and in detail.
The Service Provider is owed money and is not responsible for any services it cannot perform due to the Client not respecting this clause.
2.9.2.2 The Client has the obligation to provide the Service Provider with true and accurate information about their identity, invoice details, their business, their situation and goals.2.9.2.3 The Client has the obligation to send to the Service Provider any details, login information, access, accounts and passwords or other key elements that the Service Provider needs to perform any Service and to update the Service Provider as soon as those details change. The Service Provider is owed money and is not responsible for any services it cannot perform due to the Client not respecting this clause.2.9.2.4 The Client has the obligation to fully respect the terms and conditions of this Agreement.2.9.2.5 The Client has the obligation to diligently complete thoroughly and in detail the Worksheets, exercises and Action Items that are part of the Service Provider’s Learning Platform if relevant or otherwise assigned by the Service Provider while respecting all the deadlines set by the Service Provider.2.9.2.6 The Client MUST NOT, under any circumstance, share his login credentials to the Service Provider’s Learning Platform with any other third party. Doing so will result in a violation of the Service Provider’s intellectual property, and the Client acknowledges that the Service Provider will suffer enormous damages as a result.
2.9.2.7 This clause applies to the authorization of repeated credit or debit card payments for recurring services. The Client has the right to cancel their Order within 3 business days from the date of purchase by emailing the Service Provider about this intention within the aforementioned timeframe and in accordance with clause 2.7.1.
c). Notice of cancellation sent after this deadline may be deemed invalid for the current billing cycle at the sole discretion of the Service Provider.
2.9.2.8 The Client has the right to receive the services and/or products that make the object of their Order.
2.9.2.9 The Client has the right to receive the login details he needs to access the Service Provider’s Learning Platform and get access to the video-training materials there if this is an object of their Order.
2.9.2.10 The Client has the right to request the cancellation of a subscription for a recurring service in accordance with clause
2.10.2. Once the payment is made, it becomes non-refundable.
2.10.1. Upon placement of an Order for a Product or one-time Service, the Order will remain active until the successful delivery of the Product or Service. No party has the right to unilaterally terminate the order before then with the exception mentioned in other parts of this agreement.
2.10.2. Upon the placement of an Order for a recurring service, the Order will continue indefinitely until the Client cancels their subscription or the Order is terminated based on other clauses mentioned in this Agreement. The Client has the right to terminate his order at any point before their upcoming subscription payment by notifying the Service Provider through email or through the Service Provider’s Contact Form at least 24 hours before their next billing cycle.
2.10.3. Under no cases will the Service Provider offer refunds for the termination of the Order.
2.11.1 The Service Provider will retain all creative rights for all original materials, data, or other items or products produced for the Client or transferred to the Client towards the fulfillment of the services requested. All software and other digital or electronic products used by the Service Provider to fulfill its services are the sole property of the Service Provider and the Client agrees that it will not request any interest or rights to the title of such materials. The Client further acknowledges that the Service Provider may buy and modify existing products, materials, data or other items to fulfill its services, and the Client holds no rights to such materials.
2.11.2 FOR PHYSICAL & DIGITAL PRODUCTS, EXCLUDING SERVICES:
The Service Provider grants the Client a limited, non-transferable, nonexclusive license to use and store just for its own use and for non-commercial purposes any PDFs, Word Documents, PowerPoint/Keynote Templates involved.
2.11.3 If the Client shares, resells or modifies for commercial purposes or makes available to anyone else any material put at his or her disposal by the Service Provider this will be a breach of the Agreement and the Service Provider’s intellectual property and the Client will be liable to pay the Service Provider damages and the Service Provider has the right to terminate the Order.
2.11.4 If the Client requests a chargeback on any payment that has already been made to the Service Provider or otherwise fails to pay its dues to the Service Provider, the Client forfeits the right to use any and all original intellectual property created by the Service Provider for the Client as per clause
2.11.2. These rights will return to the Client only if and when the full payment is made to the Service Provider.
2.12.1. Unless otherwise stated in this agreement, all information in this Agreement, any personal data, information exchanged between the two Parties or resulting from the execution of this Agreement is considered confidential and proprietary (the “Confidential Information”). Unless otherwise stated in this agreement, the Parties hereby agree that for an unlimited period of time, and except as specifically permitted herein or in a separate written agreement signed by the Parties, the Parties, their employees, subsidiaries, affiliates, agents, subcontractors, employees and assigns, shall make no disclosure of any Confidential Information without the express written consent of the other Party. Neither party shall use, commercialize or disclose Confidential Information to any person or entity.
2.12.2. Nothing in this agreement shall limit the receiving party’s use of information that does not qualify as confidential. Confidential Information does NOT include:
a) information that is or becomes publicly known without restriction and without breach of this Agreement;
b) information the other party lawfully receives from a third party without restriction on disclosure and without breach of a nondisclosure obligation;
c) information the receiving party rightfully knew prior to receiving such information from the disclosing party to the extent such knowledge was not subject to restrictions on further disclosure;
d) information the receiving party develops independent of any information originating from the disclosing party;
e) information that the receiving party is required by applicable law, rule, regulation or lawful order or ruling of any court, government agency or regulatory commission with the condition of providing to the disclosing Party prompt notice of such request(s).
2.12.3. Failing to respect the above-mentioned sections represents a breach of the present Agreement and the breaching party acknowledges that the Confidential Information exchanged is valuable and unique and that disclosure in breach of this Agreement will result in irreparable injury to the adversely affected Party, for which monetary damages, on their own, would be inadequate. Accordingly, the Parties agree the adversely affected Party shall have the right to seek an immediate injunction enjoining any such breach or threatened breach of the Agreement.
2.13.1. The Service Provider shall not be held liable for any incidental, consequential, indirect or special damages, or for any loss of profits, loss of business opportunities, loss of goodwill, loss of reputation or business interruptions caused or alleged to have been caused by the performance or nonperformance of the Services or by the actions of any of its subcontractors or employees. The Client agrees that, in the event the Service Provider is determined to be liable for any such loss, Client’s sole remedy against The Service Provider is limited to $1,000 USD.
2.13.2. The Service Provider does not warrant or guarantee any specific level of performance or results for the Client. Example of results obtained by the Service Provider for other clients may be used as a marketing tool and shown to Client for demonstrative purposes only and should not be construed by Client as indicating any promised results or level of results
2.13.3. The Service Provider is not responsible for errors which result from faulty or incomplete information supplied by The Client.2.13.4. The Service Provider shall not be liable to Client for any costs, damages or delays due to causes beyond its control.
2.13.5. If the Service Provider manages any of the Client’s social media accounts/profiles, email accounts, or the Service Provider’s services involve access to such accounts, the Service Provider will not be liable for any damage that may result from the way the accounts are managed or access to the accounts, including loss of reputation, incidental, indirect, or special damages or account suspension/termination, or, in the case of email accounts domains and/or email accounts getting blacklisted. The Service Provider is also not responsible for any emails and/or messages sent from the Client’s accounts, provided that the Client has agreed to the email content or message content.
2.13.6. The Service Provider does not warrant or guarantee any specific level of performance or results for the Client and is not going to be held liable for any losses that occur to the Client or its business as a result of the services or products delivered, including but not limited to loss of profits, loss of business opportunities, or loss of goodwill. Example of results obtained by the Service Provider for other clients may be used as a marketing tool and shown to Client for demonstrative purposes only and should not be construed by Client as indicating any promised results or level of results.
2.14.1. The Service Provider has the right to identify the Client as the recipient of any services provided and to use the Client’s logo, company name, brand name, website address, business results obtained, progress made, any personal photography available on the Client’s social media profiles at any point in time and the Client’s full name on any of the Service Provider’s promotional materials. The Client expressly agrees to allow the Service Provider to use all of the above materials for promotional purposes.
2.14.2. The Client expressly agrees by placing his Order that the Service Provider has the right to use, edit for clarity and display in his promotional or public materials any results and progress the Client obtained as a consequence of their collaboration including feedback delivered through video or audio calls, weekly reviews delivered through the Learning Platform, relevant feedback from Slack, email and other communication channels or other material indicating the Client’s satisfaction.
2.14.3. If the Client wishes specific material to be excluded from release by clauses 2.14.1 and/or 2.14.2, or otherwise to limit the duration of such release, the Client and the Service Provider must agree in writing to such conditions.
2.15.1. Email communication from the Client to the Service Provider shall occur to the following address:
2.15.2. For certain services, the Service Provider may create a Slack communication Workspace to communicate and pass information to the client.
2.15.3. If the Client has purchased a Service that involves access to the Service Provider and wishes to discuss by phone, Zoom, Skype, or WhatsApp, the Client should email the Service Provider and schedule a mutually convenient time.
2.15.4. The Service Provider’s office hours are 9:00-17:00 in Romania’s time zone, and the Client is aware that the Service Provider typically replies to email within 24-48 hours excluding weekends and Romanian public holidays when the Service Provider won’t be replying.
2.16.1. The present section describes the special conditions applicable to the acquisition of the Agency Ascendancy Group™ Membership (or “AAG”). When there is a discrepancy between the present section and other sections of the present Agreement, the provisions of the present section shall prevail, otherwise, this chapter being completed with the clauses of the entire document.2.16.2. The details about the AAG, terms of purchase and special guarantee are described in the specific
Sales Page.
All prices listed do NOT include EU VAT. EU-based natural persons will also be charged VAT. EU-based companies must provide a valid VAT ID and the VAT will be reverse-charged.2.16.3. AAG presumes at least 12-months contractual commitment period, and it can be acquired through several payment options: (i) by monthly payment; (ii) by annual payment; (iii) by lifetime payment. In every case, the Client has the obligation to provide valid and accurate information about his payment details, including an active debit or credit card. No matter the payment-option chosen, there is no refund policy applicable.
2.16.4. When the Client chooses to acquire AAG by monthly payment, the agreement will be in force for a period of 12 months and the Client doesn’t have the right to terminate the agreement before the completion of this term except as detailed under in
2.16.6 below. In this respect, a monthly subscription will be created. The payment for each month will be made in an automated way by setting up a flat monthly subscription on the date of the purchase. The Client must ensure sufficient funds for the automated payment. If payment fails, the Service Provider will offer the Client a grace period of 5 days to complete the payment.
Afterwards, service suspension may occur until payment is resolved. If the Client delays with more than 15 days a monthly payment, the Service Provider has the right to consider the agreement terminated, and the Client will have the obligation to pay the Service Provider an amount equal to the total sum of the remaining months of the 12-month subscription, immediately and without any need for any further legal procedure.
In case the Client doesn’t comply with this obligation, the Service Provider will adopt all the necessary measures to recover the amount due, in which case the Client will have the obligation to cover all the costs incurred to the Service Provider by such measures (including loss of profit, legal costs etc.) together with delay penalties of 1% per day of delay.
2.16.5. In case of a subscription paid annually, the Client has the obligation to inform the Service Provider about his intention not to extend the subscription at least 30 days before the expiration of the 12 months period or set it to cancel themselves from their account otherwise, the subscription is considered tacitly extended for a period equal to the initial one.
2.16.6. A special guarantee is applicable to the paid monthly option. The Client has the right to cancel his subscription exclusively within 30 days from its commencement. No refunds will be issued for the initial 30 days. After the 30-days period, no cancellation will be possible until 12 months have elapsed.2.16.7. The Service Provider’s right of termination
The Service Provider has the right to terminate the agreement immediately and, in all cases where the Client, regardless of the chosen payment option:
In case of such a termination, the provisions of art. 2.16.4. shall apply in case of a monthly subscription.
3.1. By accessing the Service Provider’s Learning Platform the Client expressly agrees to these Terms of Use of the Service Provider’s Learning Platform, General Terms of Use of the Website and Terms of Service for Placing & Receiving an Order.3.2.
The Service Provider grants the Client a limited, non-transferable, nonexclusive license to use and store just for its own use and for non-commercial purposes the following: training materials and worksheets made available through the Service Provider’s Learning Platform under the “Assignment” or “Downloads” sections.
3.3. The Client may NOT under any circumstances download or attempt to download the video and audio training materials including their transcript which will only be accessed through the Service Provider’s Learning Platform. If such action is detected by the Service Provider this will lead to the Termination of the Order and the Service Provider has the right to request damages for violation of its intellectual property rights.
3.4. The Client MUST NOT, under any circumstance, share his login credentials to the Service Provider’s Learning Platform with any other third party. Doing so will result in a violation of the Service Provider’s intellectual property, and the Client acknowledges that the Service Provider will suffer enormous damages as a result.
3.5. If the Client shares, resells or modifies for commercial purposes or makes available to anyone else any material put at his or her disposal by the Service Provider through the Learning Platform this will be a breach of the Agreement and the Service Provider’s intellectual property and the Client will be liable to pay the Service Provider damages and the Service Provider has the right to stop the Client’s access to the Learning Platform without further notice.
3.6. If the Client requests a chargeback on any payment that has already been made or cancels an ongoing subscription through which they had received access to the Learning Platform or otherwise fails to pay its dues to the Service Provider, the Client forfeits the right to use any and all original intellectual property provided by the Service Provider for the Client as per 3.2 and access to the Service Provider’s Learning Platform will be stopped. These rights will return to the Client only if and when the full payment is made to the Service Provider.
4.1. By requesting to join the Service Provider’s Partnership Program the User must also agree to the
Partnership Agreement. The Partnership Agreement enters into effect once the Service Provider approves the User’s request to join the Partnership Program.
5.1. The Service Provider reserves the right to immediately suspend or terminate your account or suspend your use of our website without any prior notice in case of any breach of these Terms and Conditions and you are liable for any injury occurring to us and resulting from your misuse of the Website.
5.2. If you do not agree to these Terms and Conditions or with our Privacy Policy, you must immediately cease visiting or using the Website. Continuing to use the Website will represent your tacit agreement with all these provisions. The provisions inserted in these Terms and Conditions and in the Privacy Policy will be completed with any legal provisions applicable according to Romanian Law.
5.3. In case you need any clarification regarding our Terms and Conditions, do not hesitate to contact us at