Legal
PhD-BusinessPlan.com reserves the right to discontinue services in the event client does not wish to comply with the terms and conditions contained herein.
SERVICES Upon acceptance of this Agreement, PhD-BusinessPlan.com hereby offers Services to Client consisting of any of the following: (1) the delivery of a completed Business Plan, (2) a PPM, (3) a PowerPoint presentation of the delivered Business Plan, (4) a grant proposal, (5) authoring text of a web page. Additionally, PhD-BusinessPlan.com further retains the right to offer SPECIALS entailing special prices and special offers for SERVICES.
USE SERVICES Upon acceptance of this Agreement, PhD-BusinessPlan.com hereby grants to Client a personal, nonexclusive, nontransferable, revocable license to access and use the Services (as defined below), for Client's use.
PhD-BusinessPlan.com's PROPRIETARY RIGHTS. As between the parties, PhD-BusinessPlan.com shall retain all right, title and interest to the PROPRIETARY QUESTIONNAIRE including all copyrights, trademarks, patents and all other associated intellectual property rights thereto.
CLIENT INFORMATION DISCLOSURE Client agrees to provide true, accurate, current and complete data to PhD-BusinessPlan.com upon signing up for the Services and at subsequent times as requested by PhD-BusinessPlan.com.
TERMINATION PhD-BusinessPlan.com RIGHTS TO RESTRICT OR CANCEL SERVICE FOR THIS AGREEMENT. To maintain or improve the Services, to prevent fraudulent transactions, or for any other reason determined by PhD-BusinessPlan.com, PhD-BusinessPlan.com, at its sole discretion, may restrict, suspend, terminate or modify Client's service with or without notice. Without limiting the generality of the foregoing, PhD-BusinessPlan.com may restrict, suspend or terminate Client's Services with or without notification for reasons including, but not limited to:
- Failure to pay for active service
- Makes a false statement or claims to PhD-BusinessPlan.com
- Interferes with or disrupts PhD-BusinessPlan.com customer service or other business operations
- Performs breach of any part of this agreement
PhD-BusinessPlan.com believes or suspects that Client's account is being misused or used by anyone for unlawful activity or is being used fraudulently
PhD-BusinessPlan.com believes or suspects that the use of Client's account directly or indirectly affects or can potentially affect service to other customers
PhD-BusinessPlan.com believes or suspects that the use of Client's account indirectly or directly affects or has can potentially affect PhD-BusinessPlan.com's operations.
Limitation of Liability UNDER NO CIRCUMSTANCES SHALL PhD-BusinessPlan.com, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM CLIENT'S USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR CLIENT'S RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF OR USE OF CLIENT'S ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT PhD-BusinessPlan.com IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, PhD-BusinessPlan.com LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF CLIENT'S SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM. If Client is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines or practices of PhD-BusinessPlan.com in operating the Service, Client's sole and exclusive remedy is to discontinue using the Service.
Indemnification Notwithstanding anything to the contrary herein contained, Client agrees to indemnify and hold PhD-BusinessPlan.com, its affiliates, its licensers, its contractors or their respective employees harmless against any and all liability, loss, claim, judgment, damage and expense including without limitation attorney's fees and cost of litigation incurred or suffered by PhD-BusinessPlan.com, its licensers, its affiliates, its contractors, or their respective employees as the result of any and all use of Client's account whether authorized or not authorized or as a result of the negligence, willful misconduct, or breach of any of the terms of this Agreement by Client. SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO CLIENT.
Age Limit Client represents to PhD-BusinessPlan.com that he or she is 18 years of age or older.
Client may provide information, including but not limited to feedback, data, answers, questions, comments, suggestions, plans and ideas to PhD-BusinessPlan.com. Such information shall be deemed confidential and PhD-BusinessPlan.com assumes obligation to protect such information from disclosure. The submission of such information to PhD-BusinessPlan.com shall prevent the purchase, manufacture, or use of similar products, services, plans and ideas by PhD-BusinessPlan.com for any purpose whatever. PhD-BusinessPlan.com shall not be free to reproduce, use, disclose and distribute such information to others without restriction.
ELECTRONIC TRANSACTIONS Client agrees that by entering into transactions with PhD-BusinessPlan.com, Client confirms consent to receive all information, copies of agreements and correspondence ("Documents") from PhD-BusinessPlan.com in an electronic format, and to also send information to PhD-BusinessPlan.com in an electronic format, either through Client's account or via email, at PhD-BusinessPlan.com's discretion. Client agrees to treat any such electronic Documents received from PhD-BusinessPlan.com or sent to PhD-BusinessPlan.com as being legally equivalent to any "written" information Client would receive or send in print or by postal mail. Client's transactions with PhD-BusinessPlan.com indicates that Client agrees to treat all electronic Documents received from or sent to PhD-BusinessPlan.com as having full legal enforceability and legal effect. In any situation where Client's signature may be required to process a transaction, compliance with a commercially reasonable attribution procedure agreed to or adopted by the parties or established by law for authenticating a record shall authenticate the record.
PRIVACY and NON-DISCLOSURE AGREEMENT Client agrees that by entering into transactions with PhD-BusinessPlan.com, Client confirms consent to receive all information, copies of agreements and correspondence ("Documents") from PhD-BusinessPlan.com in an electronic format, and to also send information to PhD-BusinessPlan.com in an electronic format, either through Client's account or via email, at PhD-BusinessPlan.com's discretion. Client and PhD-BusinessPlan.com each agree to treat any such electronic Documents received from PhD-BusinessPlan.com or sent to PhD-BusinessPlan.com as being legally equivalent to any "written" information Client would receive or send in print or by postal mail. Client's transactions with PhD-BusinessPlan.com indicates that Client and PhD-BusinessPlan.com each agree to treat all electronic Documents received from or sent to PhD-BusinessPlan.com as having full legal enforceability and legal effect, especially as this pertains to rights of non-disclosure ensured in this PRIVACY AGREEMENT. In any situation where Client's signature may be required to process a transaction, compliance with a commercially reasonable attribution procedure agreed to or adopted by the parties or established by law for authenticating a record shall authenticate the record.
CLIENT'S PRIVACY Client may provide information, including but not limited to feedback, data, answers, questions, comments, suggestions, plans and ideas to PhD-BusinessPlan.com. Such information shall be deemed confidential and PhD-BusinessPlan.com assumes obligation to protect such information from disclosure. The submission of such information to PhD-BusinessPlan.com shall prevent the purchase, manufacture, or use of similar products, services, plans and ideas by PhD-BusinessPlan.com for any purpose whatever. PhD-BusinessPlan.com shall not be free to reproduce, use, disclose and distribute such information to others without restriction.
PhD-BusinessPlan.com's PROPRIETARY RIGHTS and PRIVACY. As between the parties, PhD-BusinessPlan.com shall retain all right, title and interest to the PROPRIETARY SURVEY QUESTIONNAIRE INSTRUMENT including all copyrights, trademarks, patents and all other associated intellectual property rights thereto.
Billing Policy Client agrees that all payments will be made via credit or debit card, issued by a US bank, including MasterCard®, AMEX®, VISA®, or Discover® Diner's Club, or electronic check. PhD-BusinessPlan.com may change the credit cards accepted at any time, at its sole discretion. Client's name and address as it appears on Client's PhD-BusinessPlan.com account must also be on the credit account from which Payment is made.
Refunds PhD-BusinessPlan.com does not offer pro-rated refunds past the 30 day money back guarantee. But in very rare circumstances a refund may be given to customer. This is if and when after thorough investigation by the company's Accounting department, it is proven that the refund request is a valid one. For every valid refund request: PhD-BusinessPlan.com has the right to charge the customer $5 for administrative fee, bank charges, and processing fee incurred by the company from the cancellation. Refund requests due to services not used will not be approved. Customers are advised to call for technical assistance if they are having technical problems. No refunds will be given to technical issues that can be remedied especially if the issue is on the client's end.
Charge Backs Clients who filed an invalid/wrong charge back will be charged $25 per transaction.
Non-transferable The right to use the Service is not transferable. Accounts are for Client's use only. Client shall be responsible for the confidentiality of Client accounts. Violation of those terms shall constitute theft of Service and may be prosecuted under civil and criminal law.
Miscellaneous Client authorizes PhD-BusinessPlan.com to enforce these restrictions by appropriate software and network measures, automated and manual. This Agreement shall be governed by and construed in accordance with the laws of the State of Maryland without regard to its conflicts of law provisions. Any cause of action Client may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. PhD-BusinessPlan.com shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond the reasonable control of PhD-BusinessPlan.com. In any action between PhD-BusinessPlan.com and Client to enforce any of the terms of this Agreement, PhD-BusinessPlan.com shall be entitled to recover expenses, including reasonable attorney's fees. This Agreement constitutes the entire agreement between Client and PhD-BusinessPlan.com with respect to the Service.