1. TERMS OF SERVICES.
These Terms of Services are made effective as of 1 January 2019. Phase Line Leadership & Consulting, LLC provides leadership training and mentoring through a one-on-one format focused on skills to maximize the output of the Client’s team. The client’s needs will be taken into consideration when confirming the curriculum and will be administered through a video teleconference format. Phase Line Coaching services are primarily available via prescribed subscription services. Subscriptions differ based on the allotted corresponding services. These services include hour-long lessons from one or multiple combinations of proprietary lesson modules: Foundational, Framing, and Finishing. For each lesson there is a corresponding hour-long Verification Session available upon request and included for scheduling with every subscription. For individualized lesson support and general leadership counseling some subscriptions include 15-minute long Support Sessions. Support Sessions are available upon request.
Phase Line Leadership & Consulting, LLC agrees that all services ordered by Client adhere to Phase Line Leadership & Consulting, LLC’s advertised product quality and content, and will be delivered in its entirety upon a mutual schedule devised by Phase Line Leadership & Consulting, LLC and Client.
2. SCOPE OF WORK.
The scope of work for Phase Line Leadership & Consulting, LLC services includes all planning, execution, implementation, and training for students. Phase Line Leadership & Consulting, LLC must ensure it has adequate resources for designing, building, and administering all necessary products and services for this agreement with Client.
3. WORK REQUIREMENTS.
For each subscription, Phase Line Leadership & Consulting, LLC is responsible for the following:
Client is responsible for the following:
4. SUBSCRIPTION SERVICES.
Phase Line Leadership & Consulting, LLC provides leadership training and mentoring to managers through a one-on-one format focused on skills to maximize the output of the manager’s team. The curriculum is established jointly with the Client to focus on the exact needs of the manager and is administered through a video tele-conference format. Phase Line Leadership & Consulting, LLC agrees that all services ordered by the Client adhere to Phase Line Leadership & Consulting, LLC’s advertised product quality and content, and will be delivered in its entirety upon a mutual schedule devised by Phase Line Leadership & Consulting, LLC and Client.
Customization of these services is only available through explicit acceptance of the Client and Phase Line Leadership & Consulting, LLC.
5. LESSON SUSPENSION AND ABSENCE POLICY.
Client must give their instructors at least 24 hours’ notice before cancelling a scheduled lesson. Failure to do so will result in the session being counted. Extenuating circumstances maybe taken into consideration however no more than the subscription prescribed block of lessons may be carried forward to the next month for completion. Extenuating circumstances include but are not limited to: extended periods of absence, holiday vacation periods, and unforecasted events requiring temporary suspension of services. Absences for periods of time up to or exceeding 30 days may be assessed for a suspension-fee of 10% the original subscription price and periods exceeding 60 days will allot an additional onboarding fee for the individual student.
6. SUBSCRIPTION CANCELLATION POLICY.
Clients pay for services on a monthly basis. Scheduled services will be accrued against the subscription price for the given month. Please give written notice for subscription cancellation 30 days before the next projected service pay period. Onboarding fees are nonrefundable. Subscription dues are fully refundable up to the day of the first scheduled lesson (the initial lesson following the Coach's Evaluation). Requests for cancellation or any questions regarding Phase Line services may be sent to Executive@phaselinellc.com
7. SUBSCRIPTION AUGMENTATION POLICY.
Clients may request additional services or access to lessons outside their subscription at any time. Of note, such requests should be first discussed with the individual coach to ensure baseline curriculum exposure, knowledge, and skill sets are practiced and proficient before advanced lessons are scheduled. Changes will not go into effect until Phase Line received payment at which time the augmentation maybe scheduled will the respective coach. Requests for additional lessons or any questions regarding Phase Line services may be sent to Executive@phaselinellc.com or ordered directly on our services menu.
8. CLIENT REFERENCE AGREEMENT.
Phase Line Leadership and Consulting, LLC may reference the Client’s organization by name in future presentations. No individual names, photographs, or sensitive information will be released without the express written consent.
Phase Line Leadership & Consulting, LLC and its employees, agents or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Phase Line Leadership & Consulting, LLC, or divulge, disclose or communicate in any manner, any information that is proprietary to Client. Phase Line Leadership & Consulting, LLC and its employees, agents and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of These terms.
Phase Line Leadership & Consulting, LLC agrees to indemnify and hold Client harmless from all claims, losses, expenses, fees including attorney fees, costs and judgements that may be asserted against Client that result from the acts or omissions of Phase Line Leadership & Consulting, LLC and / or Phase Line Leadership & Consulting, LLC’s employees, agents or representatives.
The occurrence of any of the following shall constitute a material default under These terms:
In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of These terms (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice has seven (7) days from the effective date of such notice to cure the default(s). Unless waived in writing by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of These terms.
13. FORCE MAJEURE.
If performance of These terms or any obligation under These terms is prevented, restricted or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), and if the party unable to carry out its obligations gives the other party prompt, within three (3) calendar days, written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act of omission shall be deemed within the reasonable control of a party if committed, omitted or caused by such a party, or its employees, officers, agents or affiliates.
14. DISPUTE RESOLUTION.
The parties will attempt to resolve any dispute out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation does not successfully resolve the dispute, the parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded to them by law.
15. ENTIRE AGREEMENT.
These terms contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement wither oral or written concerning the subject matter of These terms. These terms supersedes any prior written or oral agreements between the parties.
If any provision of These terms will be held to be invalid or unenforceable for any reason the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of These terms is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed and enforced as so limited.
These terms may be modified or amended in writing by mutual agreement between the parties, if the writing is signed the party obligated under the amendment.
18. GOVERNING LAW.
These terms shall be construed in accordance with the Laws of the Federative Republic of Brazil and the State of São Paulo. In the United States, These terms shall be construed in accordance with the Laws of the State of Delaware.
Any notice or communication required or permitted under These terms shall be sufficiently given if delivered in person or by certified mail., return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.
20. WAIVER OF CONTRACTUAL RIGHT.
The failure of either party to enforce any provision to his Contract shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of These terms.
21. ATTORNEY’S FEES TO PREVAILING PARTY.
In any action arising hereunder or any separate action pertaining to the validity of this Agreement, the prevailing parity shall be awarded reasonable attorney’s fees and costs, both in the trail court and on appeal.
22. CONSTRUCTION AND INTERPRETATION.
The rule requiring construction or interpretation against the drafter is waived. The document shall be deemed as if it were drafted by both parties in a mutual effort.