General Terms of Cooperation with COURSE CLOUD LLC
Latest version dated 05/06/2024.
These General Terms of Cooperation (hereinafter referred to as "General Terms of Cooperation") are permanently located at: https://bbooster.us/terms_of_cooperation and are an integral part of the Contracts concluded between COURSE CLOUD LLC (405 Kerry Drive Clearwater, FL. US 33765), registered as a legal entity under the laws of the State of Florida, USA, hereinafter, the “Contractor”, by Oleksandr Vysotskyi, and any legally capable person (Client/Customer).
The Customer, accepting the terms and conditions of the Agreement also undertakes to comply with these General Terms of Cooperation Privacy Policy and provide its consent, Cookies Policy, Terms of Use.
1. Terms and definitions
In accordance with the following definitions:
1.1 The Customer shall mean any natural person or legal entity that has expressed its intention to conclude the Contract on the terms and conditions specified therein by performing the actions defined in the Agreement. In case the payer under the Agreement is a legal entity, it shall identify a natural person (responsible person) who will fulfil the functions of the Customer under the Agreement in exercising the rights and fulfilling the obligations under the Agreement. In this case, all actions of such natural person without exception shall be deemed to be performed at the will and in the interests of the respective person. In case of a change of the responsible person, the Customer is obliged to notify the Contractor immediately. In case of failure to fulfil this obligation, the Customer shall bear the risk of negative consequences.
1.2 Party shall mean the Customer or the Contractor, parties to the Agreement.
1.3 Accelerator shall mean a set of services and facilities aimed at training business owners and members of their teams in business management. The Accelerator provides companies with access to training, mentoring, experts and other resources necessary for training for successful business development, systematisation and management.
1.4 The Business Owner Programme shall mean is a programme for Business Owners, which includes training materials on business management and practical tasks with step-by-step instructions and templates that allow them to apply what they have learned in practice.
1.5. Team Academy shall means a programme for the Customer's employees, which includes training courses on management tools.
1.6. MBA and Executive MBA shall means be training programmes for managers of the Customer's companies whose owners have graduated and/or are studying at the Business Owner Programme. It includes training on the use of management tools in practice.
1.7. Participation Status shall mean the type of the Customer's participation in the Accelerator selected by the Customer on the basis of the session held with the Contractor's representative.
1.8. Right holder shall mean a person by whose creative labour the object of intellectual rights is created and modified and on the basis of an agreement with whom the Contractor provides Access to the Platform. Right holder of the exclusive right to use the know-how transferred to the Customer under the terms of the Agreement - COURSE CLOUD LLC (405 Kerry Drive Clearwater, FL. US 33765), represented by Oleksandr Vysotskyi.
1.9. Services shall mean the services rendered by the Contractor under the Agreement, including organisation of the Customer's participation in the Accelerator, provision of Access to the platform and additional services, training of the Customer by the Contractor. The purpose of rendering services under the Agreement is to provide the Customer with participation in the Accelerator, training of business owners in management tools.
1.10. Access shall mean an opportunity for the Customer to participate in the Accelerator, view materials posted on the Platform (access is provided in the "as is" format); an opportunity to participate in training programmes and the Business Booster Board community; receive assistance in passing the Accelerator.
1.11. BBPlatform Programme shall mean a software Product developed by the Contractor that provides automation of management systems for small and medium-sized businesses based on a web and mobile application.
1.12. Training Platform shall mean a platform with the use of which the Contractor renders training services - a part of a complex object of intellectual rights, a multimedia product, the exclusive right to which belongs to the Right Holder, available on the Internet at the address: https://my.bbooster.online. Platform consists of a set of data and commands presented in objective form, intended for functioning of computers and other computer devices in order to obtain a certain result, including a software shell for interactive (multimedia) interaction with the information contained in the programme and audiovisual displays generated by it.
1.13. Website shall mean an Internet resource consisting of a set of files and web pages that include information in the form of texts, graphic elements (including fonts, images, designs, photo and video materials), buttons and other results of intellectual activity contained in an information system that ensures the availability of such information on the Internet within, as a rule, the domain zone https://bbooster.us/.
1.14. Personal Account shall mean a specialised section of the Platform, which is a set of pages protected by special security means, created with the help of special software as a result of the Customer's registration on the Website. Access to the Personal Account and the information contained therein is provided by entering the Customer's authentication data (login and password) in the fields provided for this purpose on the Platform. Legally significant actions performed in the Customer's Personal Account are recognised as performed by the Customer with his/her simple electronic signature, where the identifier and key of the electronic signature are his/her authentication data.
1.15. Business Owner Programme (hereinafter referred to as the Programme) shall mean the list and sequence of Courses recommended by the Contractor on the basis of the Customer's business diagnostics. The composition and duration of the Programme is determined taking into account the duration of each Course.
1.16. Access Period shall mean a period during which the Customer may participate in the Accelerator and use the Training Platform and BBPlatform Programme. The duration of the Access Period is equal to the number of paid months.
1.17. Course shall mean a part of the Programme consisting of a certain set of instructions, videos and practical recommendations united by a single topic. Access to each next Course is granted after the Customer has completed the previous Course.
1.18. Materials shall mean the results of intellectual activity (works of science, audiovisual works, including video materials, tests, recommendations, text, graphic materials, software and any other materials), information and other materials, including those constituting the content of the Business Booster Technology.
1.19. Start Date shall mean the start of participation in the Customer's Accelerator. The Start Date shall be specified in the Agreement.
1.20. Trade secret (know-how) shall mean information of any nature (production, technical, economic, organisational and other), which is collected by the Licensor and the Contractor in the course of entrepreneurial activity in the field of systematisation and improvement of business efficiency and which has actual or potential commercial value by virtue of their unknown to third parties, to which third parties do not have free access on a legal basis.
1.21. Business Booster Technology shall mean Production Secret (know-how) shall mean the technology including training in Business Booster management tools (hereinafter referred to as the Technology), which is a special product of intellectual activity belonging to the Rights Holder, and which is protected by copyright and US law, as well as the norms of international agreements.
1.22. Content shall mean all materials placed on the Learning Platform by the Rights Holder, the Contractor, as well as the Customer and third parties (if they have such an opportunity), including (but not limited to) texts (messages, comments), graphic elements, images, designs, photo, audio and video materials, as well as other copyright objects placed on the Learning Platform.
1.23. Customer's Representative shall mean a person specified by the Customer and agreed by the Contractor as a direct recipient of the Services, which cannot be changed unilaterally; the Customer's Representative must meet certain qualification requirements established by the Contractor; all actions of the Customer's Representative are recognised as the Customer's actions and do not require additional confirmation by the Customer; the Customer's Representative in relations with the Contractor fulfils the Customer's obligations and exercises the Customer's rights.
The data of the Customer's representative for full Access are specified in the agreement. In case of change of E-mail, the Customer shall notify the Contractor by sending a notice to the address specified during registration on the Website. The said changes come into force from the date of sending the notice by the Customer.
1.24. Authorised e-mail address shall mean e-mail of the parties specified in the agreement.
2. Rights and obligations of the parties
2.1 The Contractor shall:
2.1.1 Provide the Customer with access to the Accelerator, as well as provide support to the Customer and other services according to the selected Status, provide the Customer with remote Access to the relevant part of the Learning Platform through the information and communication network "Internet" and organise the provision of appropriate training, the Customer.
2.1.2 In case of the lack of Access to the Learning Platform due to technical failures of the Website, the Contractor shall be obliged to eliminate the failures by its own efforts and at its own expense within the shortest possible period of time.
2.1.3 During the period of the Customer's access to the Accelerator, the Contractor shall provide information support to the Customer regarding the provision of the Services and operation of the Learning Platform on working days from 10:00 to 19:00 UTC +3. All support questions shall be sent by the Customer to the Contractor's authorised e-mail address. The Contractor has the right to change the form and content of the support.
2.2 The Contractor shall have the right:
2.2.1 Engage third parties for fulfilment of the Agreement without agreement with the Customer, remaining responsible for the actions of such persons as his own.
2.2.2 Request from the Customer all necessary information and documents for proper fulfilment of obligations under the Agreement.
2.2.3 The Contractor has the right to change the cost of participation in the Accelerator. The Contractor shall notify the Customer about the forthcoming change of the cost through the Personal Account on the Learning Platform. The Parties have agreed that if the Customer pays for the first and the last month of access, the participation fee remains unchanged for the Customer for a year from the date of the first payment. In case the Customer pays in advance for future months, the cost of participation in the Accelerator for the Customer remains unchanged during the paid months.
2.2.4 Suspend operation of the Learning Platform for necessary scheduled preventive and repair works on the Contractor's technical resources with placement of a corresponding notice on the Platform.
2.2.5. Prevent unauthorised use of the Learning Platform or the provided Services and suspend the Access, including to the Learning Platform in case of violation of the Agreement by the Customer or in case of failure of the Customer to provide the Contractor or its designated persons with all necessary information, or provision of incomplete information required for provision of the Services in accordance with the legislation in force in the Contractor's registration territory or with the requirements of the owner of the Learning Platform, or in case of provision by the Customer of knowingly and intentionally incomplete information.
2.2.6. to change / supplement the content of the Programmes, the schedule of placing Courses on the Learning Platform and the terms of opening Access to the Courses, as well as to replace experts and other persons providing the services. Information about such changes is available to the Customer in the Personal Account.
2.2.7 Refuse to provide the Services (all or part of the Services) to a particular Customer or a third party specified by the Customer without any explanations.
2.2.8. restrict (block) Access to the Personal Account in case of suspicion of unauthorised access to it by third parties (under unauthorised access the Parties understand access of any third parties regardless of how they became aware of registration data (login and password) at the discretion and will of the Customer or against his will). In this case, the blocking is carried out until the reason for the blocking is eliminated. In this case the blocking period is not excluded from the period of rendering the Services.
2.2.9 If specialised chat rooms in messengers or other channels of information dissemination or exchange are organised for mastering the materials or training on them, the Contractor has the right (at its discretion) to additionally provide the Customer's Representative with the possibility of Access to such channels. Such Access shall be subject to all rules relating to the Contractor's Services, and the use of the channels shall be subject to the rules relating to the use of the Learning Platform.
2.2.10. To hold offline events for the participants of the Accelerator and the Customer, whereby the Contractor has the right to postpone the date of the forthcoming offline event with obligatory advance notice to the Customer; in case of violation by the Customer of the terms and conditions of the Agreement or these General Terms of Cooperation to prevent the Customer from participating in the offline event.
2.3 The Customer is obliged:
2.3.1 Timely and fully pay the cost of Contractor's Services.
2.3.2 Timely provide complete and accurate information when registering in the Personal Account on the Website, as well as when filling out other forms and questionnaires of the Contractor, keep this information up to date.
2.3.3 Ensure confidentiality of the login and password from the Personal Account on the Platform, not to disclose the Login and password to any third parties. If the Customer fails to fulfil this obligation, the Customer shall bear the risk of negative consequences, including those stipulated in clause 2.2.8 of this Section.
2.3.4 Observe ethical norms of behaviour when receiving the Services, in particular, do not publish messages in the general chat rooms that do not relate to the subject matter of the materials, do not allow disrespectful statements and insults to other Contractor's customers, Contractor's employees and Contractor itself, the Rights Holder and their partners in any form in any sources.
2.3.5 Maintain a good reputation and high image of the Contractor, the Rights Holder and their partners, as well as other users of the Platform.
2.3.6. Not to disclose the Rightholder's Production Secret (know-how) and other confidential information received from the Contractor. For the purposes of this clause, the parties define "disclosure" as the following: to transfer to third parties and/or publicly display audio, video, text Materials or provide Access to the Accelerator or the Learning Platform.
2.3.7. Providing information to the persons specified in clause 1.20 of the General Terms of Cooperation and to the Customer's authorised employees, if it is directly provided for by the Technology, shall not be disclosed.
2.3.8. Use the Technology received as part of the training in accordance with the terms and conditions of the Agreement.
2.3.9. To undergo training in the order specified in each constituent Course.
2.3.10. In case of any claims of the Customer within the framework of cooperation under the Agreement to send the relevant claims in writing exclusively to the Contractor, without disclosing the relevant information to any third parties.
2.3.11. Not to carry out business activities aimed at providing consultations in any form to third parties using the materials posted on the Learning Platform, as well as other materials received from the Contractor, during the term of validity of the Agreement and within 10 (ten) years after its termination. In addition, the Customer agrees not to compete with the Contractor, i.e. not to provide services similar to those provided by the Contractor to any third parties, during the term of the Agreement, as well as within 5 years after its termination (fulfilment).
2.4 The Customer shall have the right:
2.4.1 Pay for the Services both at its own expense and at the expense of attracted funds. In this case the Contractor shall not be liable for the terms and conditions of the funds provision and their return, and shall not become indebted to the person from whom the funds were attracted.
2.4.2 The Customer has the right to postpone the start of access for no more than 90 calendar days. postpone the start of Access In case of a postponed start, the period of provision of Access shall be calculated from the date of the Customer's notification to the Contractor of readiness to receive the Services.
2.5 The Customer has no right to:
2.5.1. Bypass the technical restrictions set on the Site, the Learning Platform and the Personal Account.
2.5.2. Decompile or disassemble the Site, Learning Platform, Personal Account, Materials, Intellectual Property.
2.5.3. Create copies of the Site, Learning Platform, Materials, Intellectual Property, as well as copy their appearance (design).
2.5.4. Download video materials posted on the Learning Platform and in the Personal Account.
2.5.5. Distribute unreliable, defamatory or damaging to the business reputation of the Rights Holder and the Contractor information about the Rights Holder and (or) the Contractor and/or the Technology by any means, including, without limitation, through the Internet, social networks, through any kind of mailings.
3. Procedure of service providing and rules of Access providing
3.1 The Contractor shall provide the Customer with Access only after all the following actions have been performed in the sequence set by the Contractor:
3.1.1. Registration of the Customer on the Website;
3.1.2. Payment of the cost of Services in accordance with the procedure stipulated in Section 3 of the Agreement;
3.1.3. Filling in the questionnaire provided by the Contractor.
In this case, the Contractor may refuse to provide the Services to the Customer at any time prior to the provision of the Access without giving any reasons and return the funds paid for the Services to the Customer on the terms and conditions of the Agreement.
3.2 The Contractor informs the Customer about the provision of Access to the Learning Platform by sending the Access link to the Customer's e-mail specified in the Agreement.
3.3 The Contractor may unilaterally change the content of the Programmes by increasing or changing the services, activities or the amount of information in the Programme (including by changing the number of Courses). In this case, the Contractor proceeds from the maximum efficiency of the study of the relevant field of knowledge and application of the obtained data by the Client. The Client confirms that regardless of the amount of information and the structure of the Programme, the Contractor, having provided Access, has provided the Services properly.
3.4 By concluding the Agreement, the Customer confirms its consent to the fact that in case the Customer fails to fulfil its obligations when receiving the Services (to perform the actions defined by the Contractor or the owner of the Learning Platform within the framework of the Services, to receive the results specified by the Contractor, to provide the Contractor with correct information about its actions and other specified in the Agreement and these General Terms of Cooperation), the Contractor has the right to unilaterally refuse to provide the Services at any time in accordance with the procedure provided for in the Agreement and these General Terms of Cooperation.
3.5 The Customer is fully responsible for the actions of his Representative, which he performs during the validity of the Agreement, when receiving the Services and implementing the results of rendering the Services - as for his own actions.
3.6 Within the framework of rendering the Services and cooperation under the Agreement, as well as after its termination, the Parties agree to respect each other and maintain a good image, strengthen good reputation of each other, solve all arising issues exclusively by means of negotiations, disseminate exclusively positive information about each other, employees and partners of each other both in the public space and before any third parties.
3.7 Access is granted in stages on a monthly basis (2 courses per month) - in accordance with the paid fee. If the Customer fails to fulfil the payment obligation, the Contractor shall terminate the Access.
3.8 By mutual agreement, the parties may periodically sign acts of rendered services. In the absence of a signed act, the fact of rendering services by the Contractor and their receipt by the Customer shall be confirmed by the actually provided Access to the Learning Platform, as well as the actually provided services. In connection with the above, as well as taking into account the fact that each Course of the training programme has an independent value, the Parties agreed that in case of any claims or comments, the Customer is obliged to send them to the Contractor at the address specified in the Agreement or on the Website no later than within 10 calendar days from the date of completion of training on the relevant Course. The Parties have agreed that in the absence of a claim within the specified period of time, the services for the relevant period are considered to be received by the Customer in full, accepted without comments, in connection with which the funds paid for the relevant period are not subject to refund.
3.9 In case of online meetings, the method of communication with the Recipient of the Services shall be chosen by the Contractor.
3.10. Remote support within the framework of the Services shall be provided by the Contractor remotely using telephone or electronic means of communication at the Contractor's choice (including Zoom, Skype, email and others).
3.11. The Contractor's obligations shall be considered fully fulfilled from the moment of providing the Customer with access to participation in the Accelerator.
3.12. The Parties have agreed that in case of early termination of this Agreement at the initiative of the Customer, not related to improper performance of obligations by the Contractor, the amount in the amount of the difference between the money actually paid by the Customer in payment for the Contractor's Services and the cost of services actually rendered by the Contractor shall be recognised as compensation of the Contractor's expenses for the organisation of conclusion and execution of this Agreement and shall not be returned to the Customer. The Contractor's direct expenses are compensated within the specified amount (including expenses for: attracting the Customer, organising access to the Platform, ensuring operability of the Platform and the Customer's Personal Account, preparing and providing information, organising and providing training for the Customer; preparing online and offline events within the framework of the Services, taking into account a predetermined number of participants, including the Customer, and others).
3.13. The Services are provided under the terms and conditions of the Agreement with performance on demand, which means that the Customer is obliged to pay and has the right to demand performance within the framework of the paid Programme. At the same time, the absence of the performance requirement (provision of Services) or non-use of materials on the Platform shall not be the basis for refunding the funds paid by the Customer, except for the cases separately specified in the Agreement or General Terms of Cooperation. At the same time, the amount of actually received Services (access to which was used by the Customer during the period of provision of the Access Services) is irrelevant for the fact of provision or non-provision of the Services - they are in any case considered to be duly provided upon expiry of the relevant Service Period.
4. Copyrights
4.1 The Accelerator Composition, the Learning Platform, including its parts, as well as all materials, the Access to which is provided by the Contractor to the Customer, are the result of intellectual activity of the Rights Holder.
4.2 Exclusive copyright (including the rights to derivative works), including the rights related to the copyright belongs to the Rights Holder, or the Rights Holder has obtained all necessary rights and authorisations for the use of the relevant materials. All materials, access to which is provided by the Contractor to the Customer in the process of rendering the Services, are intended for the Customer's personal use only. The Customer may not copy, publicly quote, distribute in any way or otherwise make public the said materials either in full or in part without obtaining the prior written consent of the Rights Holder (through the Contractor).
4.3 The Content (both in whole and in part) posted on the Learning Platform and the Website may not be copied, published, reproduced, revised, distributed, sold or otherwise disseminated in part or in full without the prior written consent of the Rights Holder (through the Contractor).
4.4 The Customer has the right to use the Learning Platform, its content and components (both as a whole and in fragments) and other technical solutions developed by the Rightholder within the framework of the provided functionality and interactive interaction with the available information for the entire period of Access to the Learning Platform in accordance with the Agreement, as well as in accordance with the rules established by the legislation in force in the Contractor's registration territory and international agreements.
4.5 The Customer's access to the Accelerator; to the Learning Platform, its content and components (both as a whole and its parts) and other technical solutions developed by the Rightholder does not mean the transfer (alienation) to the Customer and/or any third party of the rights to the results of intellectual activity, both as a whole and in part.
4.6 Upon gaining Access to the Learning Platform and during its use, the Customer shall:
4.6.1 Refrain from any actions that violate the rights of the Rights Holder and third parties to the results of intellectual activity, in particular, not to copy, record, reproduce, distribute any results of intellectual activity of the Rights Holder without the written permission of the latter;
4.6.2 Immediately notify the Contractor of any facts of violation of the Rightholder's exclusive rights that have become known;
4.6.3 Use authentication data (login and password) personally and do not provide data for Access to the Personal Account on the Learning Platform to third parties. In case of loss, as well as in cases of unlawful access to the login and password by third parties, the Customer undertakes to immediately notify the Contractor by sending a notice to the Contractor's authorised e-mail address. Until the Contractor receives this notification, all actions performed using the Customer's Personal Account are considered to be performed by the Customer.
4.7 After receiving Access to the Learning Platform, during its use and indefinitely after the end of such use, the Customer undertakes not to use the information and materials placed on the Learning Platform to create similar products for commercial use in any form or shape.
5. Confidentiality
5.1 Confidential information includes any information that is not published in the public domain and is not available to the public, including: related to the process of rendering the Services by the Contractor and to the use of the Learning Platform (as well as the channels of information dissemination or information exchange), as well as all information posted on the Learning Platform, any information received by the Contractor or the Contractor's representative from the Customer. The Parties undertake not to disclose confidential information and other data provided by the other Party in the course of rendering the Services (except for publicly available information) to third parties without prior written consent of the Contractor.
5.2 Within the framework of rendering the Services, the Customer may be provided with Access to the software of third-party right holders, including internal information systems, Websites (hereinafter referred to as the Software) via the Learning Platform. In such case the Customer may not perform any actions with the Software except for those necessary to study the Course materials and related materials. The term of granting the right to use such Software is limited by the term of rendering the Services (providing Access) for studying the materials of a particular Course. The Customer is obliged to keep the confidentiality of information regarding the Software and is not entitled to disclose it without the consent of the right holder of such Software. If at the same time any Software is created or reworked, the Customer transfers the exclusive right to the reworked Software or created Software free of charge to the person who provided Access to the Software from the moment of creation or rework, unless otherwise specifically agreed by the Parties".
6. Disputes Resolution
6.1 All disputes and disagreements that may arise in connection with the Agreement shall be resolved by the Parties through negotiations and consultations, if possible.
6.2 If the dispute cannot be resolved through negotiations or if the Parties fail to reach an agreement on the disputed issue within 30 (Thirty) business days, it shall be considered in the court of the State of New York, USA.
6.3 The applicable law to the relations of the Parties under the Agreement and General Terms of Cooperation shall be the law of the State of New York, USA.
6.4 Waiver of class and collective actions. Customer and Contractor agree to submit any dispute to arbitration under this Section 6 of the General Terms of Cooperation only on an individual basis and not on a class or collective action basis. Accordingly:
а. The parties agree that there is no basis for the initiation, adjudication or arbitration of any dispute on a class or collective action basis. A collective or class action waiver shall not be severable from this Arbitration Agreement in any case where:
(i) the dispute is being arbitrated on the basis of a class or collective action; and
(ii) there is a final determination that the waiver of the collective action is invalid, unenforceable, unconscionable, bad faith, incompetent or illegal. In such cases, the class action must be litigated in a civil court of competent jurisdiction.
b. No waiver of a class or collective action may be severed from this Arbitration Agreement in any case where:
(i) the dispute is being litigated on the basis of a class action; and
(ii) there is a final determination that the dismissal of the class action is invalid, unenforceable, unconscionable, bad faith, incompetent or unlawful. In such cases, the class action must be litigated in a civil court of competent jurisdiction.
c. Contractor may lawfully enforce this Arbitration Agreement and the waiver of class actions and class actions, and request dismissal of such class or collective actions brought against Contractor by Client or third parties. Notwithstanding any other clause contained in this Arbitration Agreement, any claim that a class action waiver or class action waiver, in whole or in part, is unenforceable, invalid, void, voidable or disputed shall be heard only by a court of competent jurisdiction and not by an arbitrator. A class action waiver and class action waiver must be severed in any case where the dispute is brought as an individual action, and such severance is necessary to ensure that the individual action is submitted to arbitration.
7. Liability of the Parties
7.1 The Parties shall be liable for failure to fulfil or improper fulfilment of their obligations under the Agreement in accordance with the legislation in force in the territory of the State of New York, USA.
7.2 The Contractor shall not be liable for the Customer's inability to use the Access to the Learning Platform and/or information distribution or exchange channels for reasons beyond the Contractor's control, such as the quality of the Internet connection, Internet limitations, availability and functioning of the Customer's equipment and software.
7.3 If the Customer fails to fulfil the obligation stipulated in Section 8 of the General Terms of Cooperation, as well as if the Contractor reveals the fact of third party access to the content of the Accelerator, the Programme, the Customer shall pay a fine in the amount of one multiple of the cost of the Services under the Agreement for each case of violation.
7.4 If the Customer violates the terms and conditions of the Agreement, the Contractor has the right to terminate the Customer's access to the Personal Account, as well as block the Customer's Access to the Accelerator and to the Learning Platform or a specific Course.
7.5 The Learning Platform and its software tools, including the Personal Account, are provided "as is". The Contractor shall not be liable for any possible damage resulting from:
7.5.1. malfunctions of the Learning Platform and (or) other software caused by code errors, computer viruses and other extraneous code fragments in the software;
7.5.2. Absence (impossibility to establish, terminate, etc.) of Internet connections;
7.5.3. Establishment of state regulation (or regulation by other organisations) of business activities of commercial organisations in the Internet and/or establishment by the said entities of one-time restrictions that complicate or make it impossible to perform the Agreement;
7.5.4 Other cases related to actions (inaction) of Internet users and/or other entities aimed at worsening the general situation with the use of the Internet and/or computer equipment;
7.5.5. Use (inability to use) and any consequences of the Customer's use (inability to use) of the form of payment for the Services under the Agreement.
7.6 No information, Access to which is provided by the Contractor as part of the provision of the Services under the Agreement, and/or feedback, can be regarded as guarantees. Decision-making on the basis of all information received by the Customer is the sole responsibility of the Customer. The Customer assumes full responsibility for decisions, actions/inactions and risks associated with the use of information and materials, Access to which is provided by the Contractor within the framework of fulfilment of its obligations under the Agreement.
7.7 In case of unlawful use of the Contractor's and third parties' intellectual property, violation of clause 2.5 of the General Terms of Cooperation, the Customer shall pay to each person whose rights have been violated a fine in the amount of one times the cost of the Services under the Agreement for each case of violation, and in addition to the fine shall compensate the Contractor for all losses caused by such violation.
7.8 The Parties have the right, but not the obligation, to be held liable under the Agreement.
8. Content and comments
8.1. In case the Customer discovers any information on the Website, including Content, violating his/her legal rights and interests, the Customer has the right to apply with a corresponding statement exclusively to the Contractor by sending a message to the Contractor's authorised e-mail address. In the application it is necessary to state the essence of the violated rights and interests, indicating the relevant information, attach documents confirming the legitimacy of the claims, provide details, including passport and contact information, provide consent to the processing of personal data in connection with the sending of such application.
8.2 The Customer through the Website and Personal Account, as well as in other profile channels of information distribution and exchange, including messengers, has the opportunity to post information and comments in special sections of the Website, subject to the following:
8.2.1 Such information shall correspond to the subject matter of the Website. The Contractor at its own discretion determines the compliance of such information with the subject matter of the Site and has the right to remove such information if it does not meet this criterion.
8.2.2 It is prohibited to place any links to other Internet sites without the Contractor's consent. The Contractor has the right to remove such information posted by the Customer.
8.2.3 It is prohibited to place information that violates the rights and legitimate interests of third parties, including intellectual rights, as well as information that:
8.2.3.1. contains threats, discredits, insults, contains foul language, defames honour and dignity or business reputation, or violates the privacy of the Website users, third parties, the Contractor, the Rightholder and their partners;
8.2.3.2. violates the rights of minors;
8.2.3.3. is vulgar or obscene, contains obscene language, contains pornographic images and texts or scenes of sexual nature involving minors;
8.2.3.4. Contains scenes of violence or inhuman treatment of animals;
8.2.3.5. Contains a description of means and methods of suicide, any incitement to commit suicide;
8.2.3.6. Propagates and/or promotes incitement of racial, religious, ethnic, social hatred or enmity, propagates fascism or ideology of racial superiority;
8.2.3.7. Contains extremist materials;
8.2.3.8. Propagandises criminal activity or contains advice, instructions or guidelines for committing criminal acts;
8.2.3.9. Contains restricted information, including but not limited to state and commercial secrets, information about the private life of third parties;
8.2.3.10. Contains advertising or describes the attractiveness of using narcotic substances;
8.2.3.11. Is fraudulent in nature;
8.2.3.12. Contains intrusive means of attracting attention to its publication, including (but not limited to) headings in capital letters, multiple punctuation marks, non-standard font, etc.;
8.2.3.13. Violates other rights and interests of citizens and legal entities or requirements of the legislation of the countries of registration of the parties to the agreement or international law.
8.2.4. It is prohibited to place advertising information without agreement with the Contractor.
8.3. The Contractor has the right to edit or delete any information posted by the Customer on the Website or other profile channels of distribution and exchange of information, including messengers, in order to ensure compliance with the laws of the countries of registration of the parties to the agreement or international law, the Agreement, to prevent the violation of its rights and/or the rights of third parties.
8.4. It is not allowed to use the Website and other profile channels of distribution and exchange of information, including messengers:
8.4.1. For the purpose of mass distribution of information (including spam mailings), as well as downloading, storing, publishing, distributing, or providing access to third parties to any software that allows to make changes to the normal functioning of the Site, Learning Platform, information distribution channels within the framework of rendering the Services;
8.4.2. To carry out by the Customer any business activity or any activity aimed at generating income, except as expressly stated in the Agreement, General Terms of Cooperation or other agreements between the Contractor and the Customer, or in unilateral documents and rules of the Contractor, the terms of which relate to the Customer, cooperation in accordance with the terms of the Agreement, Access to the Accelerator and which the Customer undertakes to comply with.
9. Amendment of the terms and conditions of the Agreement, General Terms of Cooperation and replacement of the parties involved
9.1. The Contractor reserves the unilateral and discretionary right to change the terms and conditions of the Agreement and the General Terms of Cooperation. Such amendments shall enter into force upon publication of a new version of the General Terms of Cooperation on the Website. The previous version of the General Terms of Cooperation shall remain in force for both Parties, without any changes regarding payment for services already rendered. The new provisions of the General Terms of Cooperation shall be retroactive and, upon mutual agreement of the Parties, shall apply to the entire term of cooperation under the Agreement and the General Terms of Cooperation from the moment of its commencement. Therefore, the Customer is obliged to independently monitor all changes to the General Terms of Cooperation on the Website.
9.2. By using the Learning Platform or making any payments to the Contractor after the publication of a new version of the General Terms of Cooperation, the Customer explicitly agrees to the terms and conditions of the updated General Terms of Cooperation. In case of disagreement with the revised terms and conditions, the Customer is obliged to stop using the Platform, notify the Contractor via an authorised email address, refrain from paying for the services and refrain from using them.
9.3. The Customer has the right to transfer its rights and obligations to a third party. Such transfer is allowed only after receiving the Contractor's written consent and executing a separate agreement between the Parties.
9.4. The Contractor reserves the right to assign rights and transfer obligations, including the involvement of subcontractors, related to all obligations arising from the relationship between the Parties. The Customer hereby consents to the assignment of rights and transfer of obligations to any third party. The Contractor undertakes to notify the Customer of such assignment and/or transfer by placing relevant information in the Personal Account and/or on the Website.
9.5. Upon a separate agreement of the Parties and for a separate remuneration determined by the Contractor, third parties assisting and supporting the Customer in applying the results of the Services may receive separate Services. The Contractor reserves the right to refuse to authorise the Customer to provide the Services to third parties. If authorisation to provide Services to such third parties is granted, they shall be deemed equivalent to the Customer in terms of the Services received. The Customer assumes full responsibility for the actions of these third parties as if they were its own.
10. Final Terms
10.1. In all matters not expressly agreed in the Agreement or the General Terms of Cooperation, the Parties shall be subject to the laws of the country in which the Contractor is registered.
10.2. If a court declares any provision of the Agreement and the General Terms of Cooperation invalid or unenforceable, such decision shall not affect the validity or enforceability of the remaining provisions of the Agreement and the General Terms of Cooperation.
10.3. Notwithstanding the foregoing, the Contractor shall be exempt from liability for breach of the terms and conditions of the Agreement or these General Terms of Cooperation if such breach is the result of force majeure, including but not limited to: actions of state authorities (including the adoption of legal acts), fire, flood, earthquake, other natural disasters, power outages and/or computer network failures, strikes, civil unrest, riots, pandemics and epidemics, as well as restrictive measures introduced by the Contractor. In such cases, the Contractor shall not be liable for breach of the terms and conditions of the Agreement or these General Terms of Cooperation.
10.4. The Contractor reserves the right to amend and supplement the terms and conditions of these General Terms of Cooperation at any time.
11. List of Services and content of the Accelerator
11.1. The Contractor, if provided for by the Client's Status, assists the latter in passing through the Accelerator, including providing Services for checking homework.
11.2. Description of the Status of participation in the Accelerator:
What’s including | Resident | Optimum Resident | Optimum+ Resident | VIP-Resident | Platinum-Resident | Resident - co-owner | VIP resident - co-owner | Platinum Resident - co-owner | |
DIAGNOSTICS AND CONTENT OF THE PROGRAM | |||||||||
---|---|---|---|---|---|---|---|---|---|
1 | Diagnostic of business | Instructions for self-diagnosis are provided | Instructions for self-diagnosis are provided | + | + | + | Instructions and training meetings for self-diagnosis | Opportunity to participate in a business diagnostic meeting together with the principal Owner on one common line of business | Opportunity to participate in a business diagnostic meeting together with the principal Owner on one common line of business |
2 | Training meeting on self-design of the programme | + | + | + | — | — | + | — | — |
3 | Drawing up an acceleration programme | Instructions and training meetings for self-designed programs | Instructions and training meetings for self-designed programs | + | + | + | Instructions and training meetings for self-designed programs | Opportunity to participate in a program development meeting with the principal Owner on one common line of business | Opportunity to participate in a program development meeting with the principal Owner on one common line of business |
Business Owner Programme (Business Owner Programme) | |||||||||
4 | Access to training courses | 2 Courses per month | 2 Courses per month | 2 Courses per month | 2 Courses per month | 2 Courses per month | 2 Courses per month | 2 Courses per month | 2 Courses per month |
5 | Шаблоны, примеры и инструкции/ Templates, examples and instructions |
+ | + | + | + | + | + | + | + |
6 | Checking assignments and providing written feedback. | — | — | — | + | + | — | - You can share practice assignments with the main owner, but they must be posted to the main owner's account for verification |
- You can share practice assignments with the main owner, but they must be posted to the main owner's account for verification |
7 | Parallel learning sessions (live online) - 2 sessions per week of 1.5 hours each | — | — | — | — | + | — | — | Opportunity to participate in individual meetings together with the principal Owner on one common line of business |
PROVIDE | |||||||||
8 | Faculties (group meetings and chats with profile specialists on specific topics) - once a week | + Resident access only |
+ Resident access only |
+ Resident access only |
+ resident access and access for the 10 resident employees on designated days |
+ resident access and access for the 10 resident employees on designated days |
+ Resident access only |
+ resident access and access for the 5 resident employees on designated days |
+ resident access and access for the 5 resident employees on designated days |
9 | Individual coaching sessions - once a week | — | + | + | + | + | — | — | — |
10 | Individual meetings with subject specialists on specific topics | — | — | — | + | + | — | Opportunity to participate in individual meetings together with the principal Owner on one common line of business | Opportunity to participate in individual meetings together with the principal Owner on one common line of business |
11 | Individual meetings on the company's development programme - once a month | — | — | — | + | + | — | Opportunity to participate in individual meetings together with the principal Owner on one common line of business | Opportunity to participate in individual meetings together with the principal Owner on one common line of business |
12 | On-demand access to any Business Booster employees for up to 10 hours per month (hours will not carry over if not used) | — | — | — | — | + | — | — | Opportunity to participate in individual meetings together with the principal Owner on one common line of business |
13 | Personal concierge service for resolving issues within the Accelerator | — | — | — | — | + | — | — | + |
COMMUNITY OF BUSINESS BOOSTER BOARD | |||||||||
14 | Работа в десятках/ Working in tens |
+ | + | + | — | — | + | — | — |
15 | Participation in master classes - speeches by speakers on various topical issues | + | + | + | + | + | + | + | + |
16 | Participation in the analysis of online businesses by successful owners | + as a listener |
+ as a listener |
+ as a listener |
+ with the opportunity to pitch your business |
+ with the ability to submit your business to be sorted out as a priority |
+ as a listener |
+ with the opportunity to pitch your business |
+ with the ability to submit your business to be sorted out as a priority |
17 | Participating in Brainstorms with other Business Booster owners and founders | — | — | — | + | + | — | + | + |
18 | Participate in Peer2Peer - closed groups to deal with complex cases or issues. | — | — | — | + | + | — | + | + |
19 | Access to the Business Booster community chat room | + | + | + | + | + | + | + | + |
20 | Access to additional databases of Business Booster materials | + | + | + | + | + | + | + | + |
21 | Access to private chat with the foundations of Business Booster | — | — | — | + | + | — | + | + |
22 | Participation in the offline Business Booster Board: 2-day offline event | — | — | — | — | + 1 time per year |
— | — | + 1 time per year |
EMPLOYEE TRAINING PROGRAMMES | |||||||||
23 | Employee training at Team Academy | + for 1 employee |
+ for 1 employee |
+ for 1 employee |
+ for 3 employee’s |
+ for 7 employees |
for 1 employee | for 2 employees | for 4 employees |
24 | Employee training at the Executive MBA | available at an additional cost | available at an additional cost | available at an additional cost | available at an additional cost | + for 3 employees with group escort |
for an additional fee | for an additional fee | for 2 employees with group escort |
25 | Separate group meeting for managers - once a week | — | — | — | For the owner and 10 executives | For the owner and 10 executives | — | For the owner and 5 executives | For the owner and 5 executives |
26 | Tactical planning session for managers. Held once a month. | — | — | — | — | + | — | — | — |
АВТОМАТИЗАЦИЯ БИЗНЕС-ПРОЦЕССОВ НА BUSINESS BOOSTER PLATFORM/ AUTOMATION OF BUSINESS PROCESSES ON THE BUSINESS BOOSTER PLATFORM |
|||||||||
27 | Access to the full functionality of the Business Booster Platform | for 20 people | for 20 people | for 20 people | unlimited | unlimited | for 10 employees | unlimited | unlimited |
11.3. Business Owner Programme courses
Course title |
|
1 |
How to go about this programme |
2 |
Business Diagnosis |
3 |
Mastery of training |
4 |
How to prepare key employees for change |
5 |
How to improve personal effectiveness |
6 |
Weekly owner planning |
7 |
Key business metrics |
8 |
Managerial Responsibilities |
9 |
How to increase employee accountability |
10 |
How to set tasks so that they get done |
11 |
How to delegate a function correctly |
12 |
How to conduct effective meetings |
13 |
Company mission |
14 |
Responsibilities of the owner |
15 |
Agreement with co-owners |
16 |
General staff meeting as a motivation tool |
17 |
Basics of team motivation |
18 |
Developing the company's organisational structure |
19 |
Preparing the organisational structure for implementation |
20 |
Team audit |
21 |
How to correctly distribute all functions between employees |
22 |
Implementing the organisational structure |
23 |
Complete recruitment and induction technology |
24 |
Hiring automation for the advanced |
25 |
How to write job descriptions |
26 |
Delegation and induction technology |
27 |
Executive induction |
28 |
Job folders and job descriptions for the entire company |
29 |
How to create and use instructions |
30 |
Effective communication system |
31 |
Creating motivational games |
32 |
Developing a catalogue of metrics |
33 |
Metrics implementation |
34 |
Training on analysing company metrics |
35 |
Implementation of operational planning |
36 |
Planner and meeting system |
37 |
Automation of management with Business Booster Platform |
38 |
Finance in simple words |
39 |
Cash Flow Statement Implementation |
40 |
Financial Planning Basics |
41 |
Financial Planning Game |
42 |
Handing over financial planning to executives |
43 |
Financial Business Model |
44 |
Sales System |
45 |
Marketing Skills |
46 |
Tactical planning |
47 |
Strategic planning |
48 |
Devolution of power to the Director |
49 |
Payroll system |
11.4. Team Academy courses
Course title |
|
1 |
Point of View |
2 |
Teaching technology |
3 |
Professionalism |
4 |
Valuable end product |
5 |
Org chart |
6 |
Quick onboarding |
7 |
Statisticians |
8 |
Weekly planning |
9 |
Financial planning |
11.5. Executive MBA courses
Course title |
|
1 |
How to go about this programme |
2 |
Mastery of Learning |
3 |
Professional leader |
4 |
Organizing the work of subordinates |
5 |
Delegation |
6 |
How to create and use instructions |
7 |
Controlling subordinates' performance using metrics |
8 |
Effective operational planning |
9 |
Creating motivational games |
10 |
Interacting with your supervisor |
11 |
Tactical planning |
12 |
Coordinating and managing finances |
13 |
How to strengthen your control |
14 |
Leadership and power |
11.6. MBA courses
Course title |
|
1 |
Let's get acquainted. Organisation Course |
2 |
Mastering Learning |
3 |
How successful leaders manage to achieve high performance on a regular basis |
4 |
What are the responsibilities of leaders who will be followed |
5 |
Conscious leadership: the key to success |
6 |
Mastering Supervision: Discover the power of effective management |
7 |
Anatomy of Responsibility |
8 |
Strong Leaders: A course in leadership skills and power development |
9 |
The structure of a successful organisation |
10 |
How to write workable job descriptions |
11 |
Job descriptions |
12 |
Divide and Conquer: The Key to Successful Delegation of Responsibilities |
13 |
The Way of the Leader: The Basics of Motivating Your Team |
14 |
How to increase productivity through games |
15 |
Orders and Control |
16 |
Management without wear and tear: How to be a leader without excessive workloads |
17 |
Secrets of Effective Operations: Operational Planning for Leaders |
18 |
Tactical Planning |
19 |
Mastering Project Management: the key to unlocking a company's potential |
20 |
Measure and Develop: Metrics as a Tool for Effective Leaders |
21 |
How Coordination Builds Strong Teams |
22 |
Effective Hiring Strategies |
23 |
The Art of Dismissal: How to part ways with employees |
24 |
Human Resources Metamorphosis: Secrets of Nurturing Executives |
25 |
Summing Up the MBA Programme |