Growth Partner & Consultancy Limited Terms of Business

1. This Agreement shall come into effect on the date of acceptance by the Growth Partner via the onboarding process (the effective date). It shall remain in force for a period of five (5) calendar months from the effective date.

2. The Terms of Business sets out the terms and conditions that will govern the business accelerator services provided by the Coach to the Growth Partner. It establishes the roles and responsibilities of each party and sets out the expectations for the engagement.The business accelerator engagement will be tailored to the specific needs and goals of the Growth Partner, and the Coach will provide support, guidance, and feedback throughout the relationship. The objective of the business accelerator is to help the Growth Partner reach their full potential and achieve their desired outcomes.

3. Both the Coach and the Growth Partner agree to work together in good faith and with mutual respect to achieve the goals of the business accelerator engagement.

4. The Coach shall provide the following services to the Growth Partner:

4.1 Digital Content Formulated for the period of engagement: This content may be in the form of videos, text-based material, audio recordings, action plans/roadmaps, Notion content, or any other suitable format. The content will be designed to assist the Growth Partner in achieving their goals and objectives.

4.2 Access to Community Channel: The Coach shall provide access to the community channel, a platform where the Growth Partner can interact with other members of the coaching community. This platform may be used to ask questions, provide feedback, and share insights.

4.3 5 Hours of Live Group Coaching per Week: The Coach shall provide 5 hours of live group coaching per week. These coaching sessions will be conducted virtually and will be interactive in nature. During these sessions, the Coach will provide guidance, answer questions, and provide feedback to the Growth Partner.

4.4 Feedback on Questions Within 48 Hours: Feedback will be provided on any questions or concerns raised by the Growth Partner within 48 hours by a dedicated Portfolio Growth Consultant. This feedback may be provided through email, chat, or any other suitable means of communication.

5. The Growth Partner commits to comply with the following requirements from the effective date:

6. The fee for the Growth Partner Accelerator is structured as follows:

6.1 Option1 - Full Payment (excluding VAT if UK based), payable as follows:

6.1.1 50% upfront payment (excluding VAT if UK based);
6.1.2 The 50% balance (excluding VAT if UK based) only payable on the Growth Partner achieving a contracted revenue increase of at least $100,000-00; or

6.2 Option 2 - In exceptional circumstances, the Coach will agree to a bespoke payment subscription arrangement with the Growth Partner. This will be handled on an individualized, case by case basis.

6.3 Guarantee:
6.3.1 Should the Growth Partner have completed the entire five (5) calendar month program, and not have achieved at least $50 000-00 in contracted deals, he/she/they will be eligible for a 100% money back guarantee on condition of 6.3.2 below.

6.3.2 Qualifying criteria for the validation of the guarantee on the part of the Growth Partner. Failure with compliance on any of the below validating criteria will render the guarantee null and void:
6.3.2.1 Completion of the full five (5) month program;
6.3.2.2 All activities, action plans and success roadmaps agreed with the Portfolio Growth Consultant implemented & completed within the agreed timeframes;
6.3.2.3 Attended at least 85% of all daily group coaching calls during the course of five (5) month period;
6.3.2.4 At least 10 discovery calls held by the Growth Partner, and at least 5 pitches done on sales calls;
6.3.2.5 Should a payment plan arrangement be agreed upon as per clause 6.2 above, 100% compliance on the part of the Growth Partner in terms of the initially agreed upon payment plan arrangement. Failure to adhere to the initially agreed upon payment arrangement on the part of the Growth Partner will invalidate the guarantee as per clause 6.3.1 above.
6.3.2.6 In order for the Coach to officially verify the value of deals closed by the Growth Partner on potential refund request, the Growth Partner will supply the Coach with official bank statements since joining the Accelerator program. In addition, the Growth Partner herewith authorizes the Coach to do a full credit check so as to establish the veracity of bank account information supplied.

6.4 This agreement is a legally binding document, and both parties must adhere to the terms and conditions outlined in therein. Failure to comply with the terms and conditions may result in legal action being instituted against the defaulting party.

6.5 By accepting the Terms of Business, the Growth Partner agrees to complete the entire five (5) month program, as well as the on-time payment of any agreed subscription installments as per clause 6.2 above (if applicable).

6.6 With the exception of clause 6.3.1 above, we have a no refund or exchange policy. Intangible online are not refundable. As our services are largely digital, it is deemed “used” after being accessed.

7. On completion of the initial five (5) month period, the Growth Partner will automatically retain access to the full Growth Partner Accelerator at a monthly retainer of $2,500-00 (excl VAT if UK based), invoiced on the 1st of each new month.

7.1 Should the Growth Partner choose to opt-out of the continued full access as per clause 7, but wish to retain access to certain elements of the Growth Partner Accelerator, the specifics and associated monthly costs will be agreed upon at the time with the relevant Portfolio Growth Consultant.

7.2 In addition, based on performance and potential, the Growth Partner might receive an invitation to join the Growth Partner Mastermind on completion of the initial five (5) month period. The terms and associated costs of the Mastermind to be discussed at the time with the Growth Partner.

8. Confidentiality: The Coach and the Growth Partner shall maintain confidentiality with respect to proprietary information disclosed during the coaching sessions. Any proprietary information and material disclosed during the business accelerator sessions shall not be disclosed to third parties unless required by law. This excludes learning and teaching shared as part of the Accelerator program.
9. Intellectual Property: Any intellectual property created during the performance of this Agreement that relates solely to the business of the Growth Partner will be the property of the Growth Partner. Any intellectual property created during the performance of this Agreement that relates to the businesses of both parties will be owned by them equally and each party grants the other a non-transferable license to use that intellectual property.

10. Data Protection: The Coach shall comply with all applicable data protection laws and regulations with respect to any personal data collected, processed or stored during the business accelerator sessions. The Coach shall take appropriate measures to ensure the security and confidentiality of personal data.

11. The Coach and the Growth Partner shall not directly or indirectly solicit or attempt to solicit any of each other's employees, contractors, customers, or clients for the period of this agreement, and for a period of twelve (12) months after the termination or conclusion of the agreement.

12. The Growth Partner may not launch ANY Growth Partner Model type coaching programs to marketers and marketing agencies globally, or engage with any other direct competitor of the Coach, while the contract is in existence and legally binding, and for a period of twelve (12) months after the termination or conclusion of the agreement for whatever reason.

13. Growth Partner & Consultancy Ltd and all individuals affiliated with this organization assume no responsibilities for your financial results. The indicators, strategies, content, articles and all other features are for educational purposes only and should not be construed as investment advice.

14. Though our services and products are tailored for our clients, we cannot give any guarantees or warranties (either express or implied), bar clause 6.3 above, about results or earning money with the ideas, information, tools and strategies (including accounting & legal insights) set out on this program. Any testimonials provided are of real-life individuals and businesses and their own personal and individual experiences. These must not be taken as "typical" results and will not be specific to your particular circumstances or actions you choose to take following receipt of the services and products.

15. In no event shall the Coach be liable for any damages for any indirect, consequential or special damages, or loss of earnings on the part of the Growth Partner.The Coach hereby makes no guarantees, representations or warranties of any kind or nature, express or implied, with respect to the coaching services rendered other than the guarantee set out in clause 6.3.

16. Because community standards vary and individuals sometimes may not comply with our policies and guidelines in engaging in the Growth Partner community, you may be exposed to content/comments that you might find offensive or objectionable. Growth Partner & Consultancy Ltd and all individuals affiliated with this organization assume no responsibilities and cannot be held liable in such instances. Growth Partners are encouraged to flag or bring any material that they deem offensive to the attention of the Customer Success Director, who will then evaluate and decide on potential content takedown.

17. The Coach as the non-defaulting party will pursue legal action against the Growth Partner, as well as any other remedies available at law, as a remedy to breach of the provisions of the Terms of Business.The Coach will seek damages for a material breach of this contract in the amount of up to One Million British Pound Sterling (£1,000,000).

18. In the event that any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, then the remaining provisions will remain in force in accordance with the Parties’ intention.

19. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts, irrespective the country of residence of the Growth Partner.

20. Any dispute or difference whatsoever arising out of or in connection with this Agreement shall be submitted to arbitration in accordance with, and subject to the laws of England and Wales.

21. In the event of any dispute between the Parties concerning the terms and provisions of this Terms of Business document, the party prevailing in such dispute shall be entitled to collect from the other party all costs incurred in such dispute, including reasonable attorneys’ fees.