TERMS & CONDITIONS
Seven Figure Developer Terms &Conditions:
1. INTERPRETATION
In these Terms and Conditions, the following definitions apply:
Seven Figure Developer: a company with its registered office located
at Space Station Hall Green, 107 York Road, Hall Green, Birmingham
B28 8LH
Seven Figure Developer Product or Services (collectively referred
to as ‘the Products and/or Services): the products and services
offered by Seven Figure Developer.
Client: The person or company purchasing the Products and/or
Services from Seven Figure Developer.
Commencement Date: the date that Seven Figure developer
commences provision of the Products and/or Services to the Client.
Conditions: terms and conditions as amended from time to time in
accordance with clause 14.
Contract: the contract between Seven Figure Developer and the Client
for the supply of Products and/or Services comprising of the Order and
these Conditions.
Fees: the fees payable by the Client for the supply of the Products
and/or Services in accordance with clause 4.
Order: the Client’s order for the Products and/or Services (and any
subsequent ongoing Products and/or Services) as set out in the
Order Form.
Order Form: Seven Figure Developer form which can be completed
online, over the phone, or in person, which sets out the Fees and which
incorporates these Terms and Conditions.
Service: the provision of and grant of access to the Seven Figure
Developer Products and/or Services.
Privacy Policy means the policy (as updated from time to time) which
can be found on the Seven Figure Developer Website at www.7fd.co.uk
identifying certain respective rights and obligations in respect of the
personal data and privacy under the Contract.
Authorised Affiliates means, in respect of the Products and/or
Services, the Affiliates of the Client (if any) in respect of those Products
and/or Services.
Authorised Users means, in respect of the Products and/or Services,
the users authorised by the Client to use those Products and/or
Services in accordance with the Contract.
Client Data means all data (in any form) that is provided to Seven
Figure Developer or uploaded or hosted on any part of any Products
and/or Services by the Client or by an Authorised User.
Client Systems means all software and systems used by or on behalf
of the Client, the Authorised Affiliates, any of its or their direct or
indirect sub-contractors, or any Authorised User in connection with the
provision or receipt any of the Products and/or Services or that the
Products and/or Services otherwise link, inter-operate or interface with
or utilise (in each case whether directly or indirectly).
Protected Data means the information and data referred to in the
Privacy Policy.
Services has the meaning of the software platform Seven Figure
Developer provides to enable the Client to market to their customers
and the database that the Client uses to store their customers details
within.
2. BASICS OF CONTRACT
2.1. The Contract constitutes the entire agreement between the
parties. The Client acknowledges that it has not relied on any
statement, promise or representation made or given by or on behalf of
Seven Figure Developer which is not set out in the Contract. These
Conditions apply to the Contract to the exclusion of any other terms
that the Client seeks to impose or incorporate or which are implied by
trade, custom, practice or course of dealing.
2.2. Any sample materials, descriptive matter or advertising issued by
Seven Figure Developer, and any descriptions of illustrations contained
in Seven Figure Developer’s website or brochures, are issued or
published for the sole purpose of giving an approximate idea of the
Products and/or Services as offered by Seven Figure Developer.
They will not form part of the Contract or have any contractual force.
Seven Figure Developer is under a legal duty to supply goods that are in
conformity with the Contract.
2.3. Seven Figure Developer has the right to make any changes or
alterations to the nature, scope and content of the Products and/or
Services, without notice to the Client, at any time, provided these do
not affect the nature of the Products and/or Services.
2.4. Seven Figure Developer will supply the Products and/or Services
to the Client and 7 Figure Developer warrants to the Client that such
Products and/or Services have been prepared using reasonable care
and skill. Seven Figure Developer provides no guarantee that the
Products and/or Services will provide any results for the Client.
2.5. Seven Figure Developer will use reasonable endeavours to meet
any dates in relation to supporting the Products and/or Services
(including but not limited to dates for the Client to attend calls) but any
such dates will be provisional only and may be subject to change at the
discretion of Seven Figure Developer, with no liability attaching to
Seven Figure Developer in respect of such changes.
2.6. Seven Figure Developer will have the right to make any changes
to the support of the Products and/or Services which do not affect their
nature or quality (including but not limited to: trainers and teachers,
call lengths, session lengths, session frequency, session type, session
location, training type, training location, venue location, coach
allocated, Facebook group access and content, Kajabi access and
content).
2.7. The Client shall (and shall ensure all Authorised Affiliates and
Authorised Users shall) at all times comply with all applicable laws
relating to the use or receipt of the Products and/or Services, including
laws relating to privacy, data protection and use of systems and
communications.
3. CLIENT’S OBLIGATIONS
3.1. The Client will: (a) ensure that all information given by the Client
to Seven Figure Developer is complete and accurate; (b) co-operate
with Seven Figure Developer in all matters relating to the Products
and/or Services; (c) pay the Fees strictly in accordance with the payment
schedule set out in the Order or as otherwise confirmed in writing or
over the phone by Seven Figure Developer; (d) not use the Products
and/or Services or any content, data or information derived from the
Client’s use of the Products and/or Services for any purpose other than
that which has been expressly authorised under the Contract; (e) not
use the Products and/or Services for any unlawful purpose; and (f)
permit Seven Figure Developer to include information of video footage
on its website highlighting any benefits which the Client or Client’s
business has obtained from the Products and/or Services and in this
regard, the Client hereby grants to Seven Figure Developer a royaltyfree,
non-exclusive perpetual licence to use any intellectual property
rights of the Client for this purpose.
3.2. The Client, for itself and as trustee for any of its directors,
employees, agents, Authorised Affiliates, Authorised Users or similar,
undertakes to observe the obligations set out in clauses 3.1 to 3.7
(inclusive) and shall fully indemnify Seven Figure Developer from and
against all loss, damage, costs and claims arising from its failure to
adhere to those provisions or otherwise to fulfil its obligations under
the Contract.
3.3. Transmission of storage of any information, data or material in
violation of any law is prohibited. This includes, but is not limited to,
copyrighted material, material legally judged to be threatening or
obscene, or material protected by trade secret and other statute. The
Client agrees to indemnify, and hold harmless, Seven Figure Developer
from any claims resulting from the use of the Products and/or Services
which damages the Client or any other parties.
3.4. Spamming, or the sending of unsolicited emails, using an email
address or URL that is maintained on a Seven Figure Developer
machine, or directing traffic to a webpage that contains any reference
to Seven Figure Developer is STRICTLY prohibited. Seven Figure
Developer will be the sole arbiter as to what constitutes a violation of
this provision. This action will result in immediate termination of the
Products and/or Services without any refund to the Client and could be
subject to legal action by Seven Figure Developer against the Client. Any
service interruptions as a result of Client’s spamming will be billed to
the Client at £20.00 per hour until service is restored.
3.5. Importing or in any way using purchased leads with a Seven
Figure Developer account is strictly prohibited. If the Client has paid
money, or in any way purchased a group of pre-existing leads, these
may not be used with Seven Figure Developer. Only people that have
specifically requested information directly from the Client may be
emailed through Seven Figure Developer.
3.6. The Client is prohibited from transmitting on or through any of
Seven Figure Developer’s platforms or servers, including but not limited
to social media platforms, any material that is (in Seven Figure
Developer’s sole discretion) unlawful, obscene, threatening, disruptive,
abusive, libellous, hateful, that encourages conduct which could
constitute a criminal offence, that gives rise to civil liability, that
otherwise violates any national or international law, or that involves the
transmission of any pornographic or sex-related merchandise or data.
3.7. The Client shall (and shall ensure all Authorised Affiliates,
Authorised Users or similar shall) at all times comply with all applicable
laws relating to the use or receipt of the Products and/or Services,
including laws relating to privacy, data protection and use of systems
and communications.
4. FEES AND PAYMENT
4.1. The Fees for the Products and/or Services are detailed in the
Order or any agreement made in writing or over the phone between
Seven Figure Developer and the Client.
4.2. The Fees will be paid in full in accordance with the Order, written
confirmation from Seven Figure Developer, or any agreement made
over the phone or with a finance company in accordance with payment
for the Products and/or Services.
4.3. All payments due to Seven Figure Developer under the Contract
shall be made in full without any deduction or any withholding. The
Client will not be entitled to assert any credit, set off or counterclaim
against Seven Figure Developer against any sum(s) owed.
4.4. In relation to payment by instalments or a payment plan,
payment shall be made monthly on the same calendar day as the date
of the Order or as otherwise agreed in writing or over the phone
between Seven Figure Developer and the Client.
4.5. The Fees will remain payable by the Client notwithstanding any
decision to cease using the Products and/or Services and even if the
Client does not complete, access, attend or use the entire Products
and/or Services.
4.6. Seven Figure Developer shall be entitled to continue processing
payments for any monies outstanding using any of the Client’s debit or
credit card details previously confirmed to Seven Figure Developer.
4.7. In the event of any payment due to Seven Figure Developer
becoming overdue and unpaid for more than 20 (twenty) days, Seven
Figure Developer may, at its discretion, suspend or withdraw the
provision of the Products and/or Services, without prejudice to any of
its other rights as to termination.
4.8. Save as to the cooling off period set out at clause 5, the Contract
is non-cancellable and payment will be due by the Client regardless of
whether the Products and/or Services are used.
4.9. The Client acknowledges that they have signed or agreed to the
Order through their own choice without coercion or any lawful tactics
from Seven Figure Developer and are fully responsible for their own
decisions.
4.10. Seven Figure Developer reserves the right to instruct third party
legal representation should the Client fail to make payment in
accordance with these Conditions.
5. COOLING OFF AND RIGHT TO CANCEL
5.1. The Client has a limited period, referred to as ‘cooling off period’,
in which they may change their mind and cancel their contract with
Seven Figure Developer.
5.2. The cooling off period will begin from the date of the Order and
continue for up to 5 days.
5.3. The Client must give written notice of their cancellation to Clients
On Automation within the 5-day cooling off period.
5.4. The Client must supply written notice of the request to cancel by
email to support@7fd.co.uk.
5.5. If the Client exercises their right to cancel, the Product and/or
Services will be terminated.
5.6. If the Client does not request a refund within the cooling off
period, the Client is required to complete all remaining payments.
5.7 Seven Figure Developer reserves the right to consider refunds
outside of the rescission period. If a client has questions about the
agreement outside of the rescission period, they should submit their
comments to russell@7fd.co.uk.The Client agrees not to request,
advise, file a claim, or seek Client’s bank or credit card company for a
chargeback for consideration paid under this Agreement. The Client
agrees that any disputes that the Client may have with respect to
consideration paid hereunder must be addressed directly between the
Client and Seven Figure Developer. If a chargeback occurs, the Client
shall have materially breached the Terms and Conditions and shall
forfeit all remaining services that have not yet been performed under
the Terms and Conditions. Seven Figure Developer shall have no
further obligation to the Client. Further, the amount of the chargeback
shall be subject to a finance charge in the amount of one and one-half
percent (1 1⁄2%) per month until paid in full by the Client. Further,
Seven Figure Developer shall be entitled to recover from the Client all
damages, and reasonable and necessary legal fees, and costs
associated with pursuing collection and/or recovery of the amount of
the chargeback.
6. LIMITATION OF LIABILITY
6.1. Neither party shall be in breach of this Contract nor liable for
delay in performing, or failure to perform, any of its obligations under
this Contract if such delay or failure result from events, circumstances
or causes beyond its reasonable control including but not limited to
acts of God; flood; drought; earthquake or other natural disaster;
epidemic or pandemic; terrorist attack; civil war; civil commotion or
riots; war; threat of or preparation for war; armed conflict; imposition
of sanctions; embargo; the breaking off of diplomatic relations; nuclear,
chemical or biological contamination or sonic boom; any law or any
action taken by a government or public authority, including without
limitation imposing an export or import restriction, quota or
prohibition; collapse of buildings, fire, explosion or accident; any labour
or trade dispute, strikes, industrial action or lockouts; and nonperformance
by suppliers or subcontractors. In such circumstances the
time for performance shall be extended by a period equivalent to the
period during which performance of the obligation has been delayed or
failed to be performed. If the period of delay or non-performance
continues for 6 months, the party not affected may terminate this
agreement by giving 14 days' written notice to the affected party.
6.2. Seven Figure Developer will, under no circumstances, be liable to
the Client (whether in contract, tort (including negligence), breach of
statutory duty, or otherwise), for any indirect or consequential loss,
special damages, or any costs or losses attributable to loss of profits or
opportunities arising from or in connection with the subject matter of
the Contract.
6.3. The maximum amount of damages payable by Seven Figure
Developer to the Client in respect of any and all liability (apart from that
mentioned above), including liability arising from negligence, under or
in connection with the Contract shall not exceed the amount paid by, or
on behalf of, the Client to Seven Figure Developer for the preceding
calendar month or calculated based on 1/12th of the Fees in the
preceding 12 months.
7. NON-COMPETE
The Client undertakes not to compete or seek to compete, either
directly or indirectly or in any other capacity whatsoever, with the
business of Seven Figure Developer or in the provision of products or
services directly competitive with any aspect or part of the Products
and/or Services, resulting in actual or anticipated loss to Seven Figure
Developer, to include as to its reputation.
8. INTELLECTUAL PROPERTY RIGHTS
8.1. All intellectual property rights in, arising out of, or in connection
with, the Products and/or Services will be owned by Seven Figure
Developer. Seven Figure Developer grants the Client a revocable,
nonexclusive royalty-free licence to use such rights only to the extent
necessary to allow the Client to benefit from the Products and/or
Services but not further or otherwise and no other rights or licences are
granted. Any such rights arising from the Client’s use of the Products
and/or Services shall accrue to Seven Figure Developer and the Client
shall be deemed to have assigned any such rights to Seven Figure
Developer, with Seven Figure Developer authorised to act as its agent
to execute any such transfer or other documents giving effect to
the same.
8.2. The Client, Authorised Users and Authorised Affiliates may be
able to store or transmit Client Data using the Products and/or Services
and the Products and/or Services may interact with Client Systems. The
Client hereby grants a royalty-free, non-transferable, non-exclusive
licence for the Client (and each of its direct and indirect subcontractors)
to use, copy and other otherwise utilise the Client Data and
Customer Systems to the extent necessary to perform or provide the
Products and/or Services or to exercise or perform Seven Figure
Developer’s right, remedies and obligation under the Contact.
9. DATA AND INFORMATION
9.1. Protected Data shall, at all material times, remain the property of
the Client or its licensor.
9.2. Except to the extent Seven Figure Developer has direct
obligations under data protection and other applicable laws, the Client
acknowledges that Seven Figure Developer has no control over
Protected Data hosted as part of the provision of the Products and/or
Services and may not actively monitor or have access to the content of
Protected Data. The Client shall ensure (and is exclusively responsible
for) the accuracy, quality, integrity and legality of Protected Data and
non-personal data and that its use (including use in connection with the
Products and/or Services) complies with all applicable laws.
9.3. If Seven Figure Developer becomes aware of any allegation that
Protected Data or non-personal data may not comply with the Contract,
Seven Figure Developer shall have the right to permanently delete or
otherwise remove or suspend access to any Protected Data or nonpersonal
data which is suspected of being in breach and/or disclose
Protected Data or non-personal data to law enforcement authorities (in
each case without the need to consult the Client). Where reasonably
practicable and lawful, Seven Figure Developer shall notify the Client
before taking such action.
9.4. Seven Figure Developer shall have the right to suspend the
Products and/or Services at any time, and for any reason, without
notice. The Client accepts and acknowledges that the Products and/or
Services can be withdrawn or may be unavailable due to technical and
other issues, or as a result of updates, maintenance or similar
circumstances. If such a suspension or withdrawal is to last more than
30 days, the Client will be notified as to the reason.
10. CONFIDENTIALITY AND SECURITY OF DATA
10.1. Seven Figure Developer shall maintain the confidentiality of
Protected Data and shall not, without the prior written consent of the
Client, and in accordance with the Contract, disclose Protected Data
other than as necessary for the performance of the Products and/or
Services, the express rights and obligations under the Contract, or as
required by law.
10.2. Seven Figure Developer will disclose Protected Data only to
those of its officers, employees, agents, contractors and direct and
indirect sub-contractors to whom, and to the extent to which, such
disclosure is necessary for the purposes contemplated under the
Contract or as otherwise reasonably necessary for the provision or
receipt of the Products and/or Services.
10.3. In order to promote and respect the confidentiality of all clients
and intellectual property the Client understands that the Products
and/or Services, now and in the future, are limited to people who have
registered in the respective training. In consideration of, and as a
condition for permitting the Client to participate in the Products and/or
Services, the Client agrees to not publish, broadcast, disclose,
communicate to the public, or assist another to do the same in respect
of, the identity, likeness or actual or paraphrased comments of anyone
who participates, leads, assists or is otherwise involved in the Products
and/or Services.
11. WARRANTIES
Seven Figure Developer gives no warranties of any kind, whether
express or implied, for the Products and/or Services it provides under
the Contract. Seven Figure Developer also disclaims any warranty of
merchantability or fitness for a particular purpose. This includes loss of
data resulting from delays, non-deliveries, mis-deliveries, or
interruptions to the Products and/or Services caused by Seven Figure
Developer’s negligence or the Client’s errors or omissions. Use of any
information obtained via Seven Figure Developer is at the Client’s own
risk. Seven Figure Developer makes no warranty, whether express or
implied, as to the accuracy of quality of information obtained through
its Products and/or Services.
12. ASSIGNMENT AND SUB-CONTRACTING
The Client will not, without the prior written consent of Seven Figure
Developer, assign, transfer, charge, sub-contract or deal in any other
manner with all or any of its rights or obligations under the Contract.
For the avoidance of doubt, the Client will not share the Products
and/or Services or any content, data or information derived from the
Client’s use of the Products and/or Services with any third party without
the prior written consent of Seven Figure Developer, which may
be withheld.
13. WAIVER
A waiver of any right under the Contract is only effective if it is in writing
and will not be deemed to be a waiver of any subsequent breach or
default.
14. VARIATION
Except as set out in these Conditions, any variation including the
introduction of any additional terms and conditions, to the Contract will
only be binding when agreed in writing between the Seven Figure
Developer and the Client.
15. APPLICABLE LAW
15.1. Any dispute of legal issue arising from the Conditions will be
determined by the law of England and Wales and considered
exclusively by the English and Welsh Courts.
15.2. Each of the paragraphs referred to in the Conditions shall be
severable and distinct from one another and, if at any time, more and
more of such provisions become invalid, illegal or enforceable, the
validity, legality and enforceability of the terminating paragraphs shall
not in any way be affected or impaired by this.
16. CLIENT CONFIDENTIALITY AGREEMENT
16.1. The Products and/or Services are limited to people who have
registered for the Products and/or Services.
16.2. The Client will not publish, broadcast, disclose, communicate to
the public, or assist another to do the same in respect of, the identity,
likeness or actual or paraphrased comments of anyone who
participates, leads, assists or is otherwise involved in the Products
and/or Services.
16.3. The Client recognises that any breach of confidentiality may
cause Seven Figure Developer and/or other clients irreparable and
substantial harm even though it may be impossible to ascertain the full
monetary extent of their financial loss.
16.4. Nothing in this Contract is intended to limit the Client from
sharing their experience of the Products and/or Services with anyone.
16.5. Nothing in this Contract is intended to limit Seven Figure
Developer from sharing results and any testimonials (written or by
video) in relation to the Products and/or Services, for any reason
(including to promote the business of Seven Figure Developer) with
anyone by any means.
17. COMPLAINTS
17.1. Seven Figure Developer is committed to providing high quality
Products and/or Services.
17.2. Seven Figure Developer has a written complaints procedure in
place to ensure that all complaints are handled fairly and promptly. A
copy of Seven Figure Developer’s complaints procedure can be
obtained upon request.
18. GENERAL
18.1. Seven Figure Developer reserves the right to alter or cancel
published dates and change venues without any liability whatsoever.
18.2. Seven Figure Developer reserves the right to make changes to
the programs, services, products, speakers or venue should that be
necessary.
18.3. From the date the contract commences, any behaviour
displayed by the Client that Seven Figure Developer deems as
disruptive, disrespectful, threatening, abusive or untenable in anyway
(to the sole discretion of Seven Figure Developer), either in person, via
email, via social media or any other forms of means of communication,
either directed at Seven Figure Developer, Figure Developer’s other
clients, Seven Figure Developer team members or associates, may
result in the Client being denied access to all aspects of the Products
and/or Services, including but not limited to online support, Facebook
groups, Skool groups, live events or coaching calls. All remaining fees
would remain payable and any monies for the Products and/or Services
will be non-refundable.
18.4. The Client agrees that Seven Figure Developer has not made any
promise, guarantee, or other representation with respect to the Client’s
future incomes or gains resulting from the provision of the Product
and/or Service, and that the Client has not been induced to enter the
Contract as a result of any alleged promise, guarantee or
representation.
18.5. Seven Figure Developer 100% guarantee for the Client that our
method will work if the Client implements everything the way we lay it
out for them. If the Client has followed our system and implemented
everything the way we lay it out, completing their Business Update
form every week so we can support the Client's progress, and the Client
can't get prospective clients coming to them then Seven Figure
Developer will continue to work with the Client until they do.
18.6. These Conditions supersede any previous arrangement with
your concerning their subject matter.
