GROW Program Terms of Service.
1. Introduction
This are the Terms of Service for participation in the GROW Program.
Alox Luxury is a company that provides business owners with consulting and advice for growing a luxury client base (“Consultant”). Alox Luxury offers the GROW program, a 1-to-1 consulting program, to individual business clients (the “Program”).
Consultant hereby agrees to provide Client with the Program in exchange for payment and performance of Client’s Responsibilities (hereinafter defined). Client agrees to make all payments and abide by all policies and procedures as a condition to this Agreement.
Client hereby acknowledges all policies and procedures contained within these Terms of service and expresses assent to the following terms:
2. Term
The GROW program runs from the date of invoice payment and continues for six (6) months .
3. Disclaimer + Consulting Definition
The Consultant is not an employee, public relations manager, social media manager, financial analyst, business executive, or other agent of Client’s business. The Consultant may offer their opinion regarding financial decisions, but it is the responsibility of Client to make the final decision and choose the best option for his/herself.
Services Defined: The Consultant is client and business development strategist who offers business clients assistance with growing their luxury client base. Consultant, from time to time, also offers general advice about business and business strategy (herein collectively referred to as “Services”).
Services do not include: 1) actively procuring business or potential clients for Client; 2) performing any business management services for Client, such as operations, research, or development; 3) legal advice and/or opinion of any kind regarding criminal or civil tax liabilities or investigations; 4) publicity, public relations and/or social media management services; 5) legal or accounting advice;
Client hereby acknowledges that Client is solely responsible for the amount and type of income, if any, that Client generates as a return based upon documents and information provided to Consultant. Client also acknowledges that all documents and information provided to Consultant are originals or true and accurate copies, and agrees to provide all supporting documentation to Consultant to the best of Client’s knowledge.
Guarantee: Client hereby acknowledges Consultant is guaranteeing a specific sales revenue at the end of the program (herein specified as “Guarantee threshold”). If Guarantee threshold has not been met by client at the end of the program, Consultant agrees to provide additional services at no cost until such Guarantee threshold is achieved. Conditions apply and are specified in Section 4. Consultant’s Responsibilities & Guarantee
4. Consultant’s responsibilities & guarantee
Consultant’s Services as part of the Program include the following:
● One (1) 60-minute introductory strategy call with Consultant for general overview of Client’s current client base, business strategy and sales goals
● Access to Client’s GROW Program Resources, containing marketing and Client development resources (templates, scripts, prompts) and additional training material on customization and implementation thereof
● Access to Client’s GROW Program dashboard
● One (1) 30-minute weekly video conference call to review Client’s marketing efforts and discuss any hurdles or roadblocks
● One (1) 60-minute monthly video conference call to review and advise on Client’s marketing strategy
● Access to a personal Slack channel for messaging support. Consultant guarantees a 1-hr maximum response time during Consultant’s business hours (9am to 5pm CEST). Response time outside of Consultant’s business hours are 8-hr maximum.
Consultant guarantees that the Client achieves sales totaling €20,000 or equivalent (“Guarantee threshold”) by utilizing the strategies of the Program. If such sales have not been realized during the Program, Consultant agrees to provide the following services at no cost until the Guarantee threshold has been reached, under the provision that the Client has adhered to Client’s responsibility as detailed in Section 5. for the full duration of the program and continues to do so until Guarantee threshold has been reached:
● One (1) 60-minute monthly video conference call to review and advise on Client’s marketing strategy
5. Client’s Responsibilities
Consultant has established their Program to educate Client and assist with client and business development. However, Client hereby acknowledges that Consultant does not guarantee Client’s goals, whatever the goals may be, will be reached by completing and implementing the advice and techniques in the Program, with the exception of the Guarantee threshold as detailed in Section 4.
Client acknowledges that the Guarantee threshold is only guaranteed if the following client responsibilities have been performed at all times:
● Committing to the Program by implementing all advised activities and strategies
● Attending each call at the scheduled date, on time;
● Immediately rescheduling any calls if an emergency arises
● Submitting completed, accurate and truthful monthly sales & marketing numbers via the Client’s GROW dashboard
● Delivering all applicable documentation or information to Consultant that are identified during strategy and/or support calls
● Ensuring products are on stock and available to be sold immediately. For commissions or for products with longer production times a qualified lead with deposit paid will be considered as sales in regards to the Guarantee threshold as detailed in Section 4.
6. Rescheduling policy
A big component of success is discipline and commitment. In order to achieve optimal results under this Program, Client should commit to the schedule as follows:
This is a six [6] month Agreement, consisting of weekly and monthly calls. Each call shall take place at a certain designated date and time each week throughout the Term of this Agreement. The date and time for each call shall be set between Consultant and Client after signing of the agreement and first payment confirmed. All calls will be held via video call.
Consultant understands that sometimes, “life happens.” In order to accommodate situations that unexpectedly arise, Client agrees to request the rescheduling of a call no later than 1 hour before the scheduled call. All requests to reschedule must include a date and time within a week at which the rescheduled call can take place. Failure to do so shall result in Client forfeiting the Program Guarantee threshold. Any “no-shows” will also result in forfeiture of that week’s call and forfeiting the Program’s Guarantee threshold.
If Client foresees that more than 5 calls will need to be rescheduled, Client may request a change of the weekly day and time of the video call by giving Consultant at least 7 day’s written notice of the proposed new time. All requests for schedule changes are subject to Consultant’s discretion.
7. Refund policy
Client can only request a refund before Client has received access to the Program Resources or completed the first strategy call [whichever happens first]. After that, there is no refund available for the remainder of the program.
8. Termination
Alox Luxury reserves the right to terminate the Agreement “for cause” at any time during the Agreement, which includes, but is not limited to, the following causes: 1) Client fails to deliver necessary information to Consultant; 2) Client proves to not implement the action item as discussed with consultant and/or does not attend any of the scheduled calls; 3) for any other legitimate business purposes in the best interest of Alox Luxury. If any of the following causes trigger Consultant to terminate the Agreement, Client is still liable to pay the entire cost of the Agreement.
Client dissatisfaction with Company and/or Coach’s subjective teaching style, independent judgment, methods, or other techniques are not valid reasons for termination of this Agreement or request of any monies returned to Client. Even if Client does not complete all portions of the Program.
10. Confidentiality, Intellectual property, Limited Licence
Confidential Information -
Alox Luxury takes pride in its proprietary information included in each Program. As such, Client agrees and acknowledges all Confidential Information shared through this Program and by the Consultant is confidential, proprietary, and belongs exclusively to Alox Luxury. “Confidential Information” includes, but is not limited to:
● Any systems, sequences, processes or steps shared with Client;
● Any information disclosed in association with this Agreement;
● Any trade secrets in connection with the Program or Alox Luxury business practices.
Consultant also agrees to protect Client’s “Confidential Information,” which may include, but is not limited to:
● Any systems, sequences, processes or steps shared with Consultant
● Any customer information disclosed in association with this program
● Any trade secrets or future products of the client
Testimonials -
From time to time, Alox Luxury may use general statements about Client’s success as social proof and part of its marketing strategy. By signing this Agreement, Client agrees to Consultant sharing Client’s success stories as testimonials on Consultant’s website and/or social media.
Intellectual Property -
This Program, content and products contain intellectual property owned by Alox Luxury. These Terms of service are intellectual property owned by Alox Luxury. Other examples of intellectual property within our business and Services include, but are not limited to: trademarks, service marks, layout, logos, business name, design, text, written copy, certain images, podcast recordings, videos, audio files, and all of our paid products (collectively referred to as “Intellectual Property”). You shall not copy, publish, transmit, transfer, sell, create derivative works from, reproduce, or in any way exploit any of the Intellectual Property owned by Alox Luxury described within this Section in either whole or part without prior written consent.
Limited License -
Alox Luxury grants only a limited, personal, non-exclusive and non-transferable license to Client to use the Intellectual Property for your internal business use. Client acknowledges that any and all products or Services that they download are for internal business use. Client shall not copy, reproduce, transmit, modify, edit, create derivative works from, alter, sell, or share with others any products or parts of the Program without prior written consent or unless provided otherwise.
11. Indemnification / Limitation of Liability
Consultant, from time to time, provides financial guidance as part of the Program. Client hereby acknowledges that neither Consultant nor Alox Luxury is liable for any injuries that may arise from Client’s decisions based on his/her participation in this program, including but not limited to: a decision to start a business, any of Client’s business decisions, or any of Client’s financial decisions. Client hereby agrees to indemnify and hold harmless both Consultant and Alox Luxury of any claims that may arise after participation in the Program.
12. Miscellaneous
A. Amendments - We reserve the right to amend this agreement from time to time. Any amendments must be agreed in writing and executed by both parties.
B. Headings & Severability - Headings are included for convenience purposes only and shall not affect the construction of this Agreement. If any portion of this Agreement is held to be unenforceable, it shall not affect the remaining portions of the Agreement, which shall remain in full effect. If any portion of this Agreement is held to be unenforceable, then the unenforceable portion shall be construed in compliance with applicable law in a light most favorable to the original intentions of the parties. If the unenforceable portion of the Agreement is found by a competent court of this jurisdiction to be contrary to law, then it shall be changed and interpreted to best reflect the original intentions of the parties, and all other provisions shall remain in full force and effect.
C. Entire Agreement - This Agreement reflects the entire agreement between the parties. This Agreement trumps any other existing negotiations, communications or Agreements between the parties, whether written, oral, or electronic, and is the full extent of the Agreement between the parties.
D. All Rights Reserved - All rights not expressly granted in this Agreement are reserved by us.
E. Governing Law – Alox Luxury is located in the Netherlands and is subject to the applicable laws governing the Netherlands and the European Union. The governing law for this agreement is the law of the Netherlands.
F. Arbitration - Any disputes arising under this Agreement shall first be resolved through binding arbitration.