Terms and Conditions of Service
1.1.1 These Terms and Conditions of Service shall apply to the provision of Services by the Service Provider to the Client.
1.1.2 In the event of conflict between these Terms and Conditions of Service of Service and any other (of the Client or otherwise), the former shall prevail unless expressly otherwise agreed by the Service Provider in writing.
2.Definitions and Interpretation
2.1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Agreement” means any agreement between the Service Provider and the Client entered into by the same which is subject to these Terms and Conditions of Service ;
“Business Day” means a day (excluding Saturdays) on which banks generally are open for the transaction of normal banking business;
“Client”means any individual, firm or corporate body (which expression shall, where the context so admits, include its successors and assigns) which purchases services from the Service Provider;
“Commencement Date” means the commencement date for the Agreement as set out in the same;
“Registered User” means the fees payable by the Client under Clause 4 in accordance with the Terms of Payment;
Means a person who is associated with the Clients immediate business and who has been registered as an additional user of the program within the limits purchased.
“Services” means the services to be provided by the Service Provider to the Client as set out in the Schedule;
“Service Provider” means Work the System Academy LLC trading as Work the System Academy (WTSA) with registered office at C/O Centratel, 141 NW Greenwood Ave, Suite 200, Bend Oregon, USA and
“Terms of Payment” means the terms of payment of Fees as set out in the Schedule.
2.1.2 Unless the context otherwise requires, each reference in these Terms and Conditions of Service to:
2.1.2.a.1 “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
2.1.2.a.2 a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
2.1.2.a.3 “these Terms and Conditions of Service” is a reference to these Terms and Conditions of Service and any Schedules as amended or supplemented at the relevant time;
2.1.2.a.4 a Schedule is a schedule to these Terms and Conditions of Service; and
2.1.2.a.5 a Clause or paragraph is a reference to a Clause of these Terms and Conditions of Service (other than the Schedules) or a paragraph of the relevant Schedule.
2.1.2.a.6 a “Party” or the “Parties” refer to the parties to these Terms and Conditions of Service.
2.1.3 The headings used in these Terms and Conditions of Service are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.
2.1.4 Words imparting the singular number shall include the plural and vice versa.
2.1.5 References to any gender shall include the other gender.
3.1.1 The parties hereto acknowledge and agree that, under this Agreement, they are independent contractors, and that neither shall at any time be considered, or represent itself to be, an agent, employee, associate, or joint venture party of the other. Except as expressly provided in this Agreement, neither party shall have the authority nor hold itself out as able to bind the other party to any contract or commitment, nor shall either party be responsible for the acts or omissions of the other vis a vis third parties. WTSA may assign or otherwise transfer any or all of its rights or obligations under this Agreement in the case of a sale or other transfer of all or substantially all of WTSA’s assets or equity (whether by sale of assets or stock or by merger or other reorganization), without the prior consent of and upon written notice given to Customer. All of the provisions hereof shall be binding upon and inure to the benefit of the agents, administrators, receivers, successors, executors or assigns and any other transferees of the parties hereto. The paragraph headings used in this Agreement are inserted for convenience only and shall not affect the meaning or interpretation of this Agreement. Client hereby acknowledges it has had an opportunity to cause, or has in fact caused, its legal counsel to review this Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. This Agreement shall be interpreted and governed according to the laws of England. Upon any claim or dispute between the parties hereto and arising out of, or in connection with, this Agreement or the relationship created between said parties as a result of this Agreement shall first be submitted to non-binding mediation before resorting to litigation or to any other method of dispute resolution. Mediation, suit, or any other method of dispute resolution shall be initiated and conducted in England. This Agreement constitutes the entire understanding and agreement of the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous agreements and understandings, whether written or oral. Where stated, the provisions of this agreement shall survive termination of this Agreement. In the event that any of the provisions or portions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions or portions of this Agreement shall not be affected thereby.
3.1.2 The author and publisher of the Work the System Academy Program and the accompanying materials have used their best efforts in preparing the Program. The author and publisher make no representation or warranties regarding the accuracy, applicability, fitness, or completeness of the contents of this Program nor can they guarantee results as there are many factors beyond their control. The information contained in this Program is strictly for educational purposes. Therefore, if you wish to apply the ideas contained in this Coaching Program, you understand that you are taking full responsibility for your actions and outcome.
3.1.3WTSA and Customer each represent and warrant to the other that neither the execution nor delivery of this Agreement, nor performance of its obligations hereunder, will conflict with, or result in a breach of any term, condition, or provision of, or constitute a default under, any obligation, contract, covenant, or instrument to which it is a party or under which it is bound. WTSA HEREBY DISCLAIMS ALL WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING AND WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER acknowledges and agrees that it has not entered into this Agreement on the basis of any representations or promises not expressly contained IN THIS AGREEMENT.
3.1.4 Every effort has been made to accurately represent this product and it’s potential. There is no guarantee that you will decrease your working hours and increase your income using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of potential time savings or additional earnings. Time savings and additional earnings are entirely dependent on the person using our product, ideas and techniques and many factors beyond our control. We do not purport this as a “get rich scheme.
3.1.5 Any claims made of actual earnings or examples of actual results may either be based on individuals who have read the Work The System book or who have been through the Work the System Academy. To our knowledge these claims are accurate and in every case have been shared with us willingly and voluntarily by the individuals represented. The level of success attained from using our program depends on the time you devote to the program, your current business model, finances, knowledge and various skills, but also upon numerous outside factors, both seen and unseen, expected and unexpected. The program is simple and has been designed for use by a broad range of businesses and industries. Since these factors differ according to individuals, we cannot guarantee your success or income level. Nor are we responsible for any of your actions.
3.1.6 Materials in our product and our website may contain information that includes or is based upon forward-looking statements. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential time saved or additional earnings achieved.
3.1.7 Any and all forward looking statements here or on any of our sales material are intended to express our opinion of potential time savings or additional earnings you may achieve. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s; in fact no guarantees are made that you will achieve any results from our ideas and techniques in our material.
4. The Services
4.1.1 Work The System Academy (WTSA), a trading name of Work The System Consultants Ltd, shall, during the term of this Agreement, provide the Service to Customer pursuant to the terms and conditions herein. At the sole discretion of WTSA, the Service may be modified from time to time, and WTSA may include additional features and modifications. WTSA shall, via email notices, help documentation, and/or the WTSA web site, keep Customer informed of Service enhancements, Service availability and scheduled maintenance, new versions of the Service offered hereunder such as amendments to video training, and other developments that may affect Customer’s use of the Service.
4.1.1 With effect from the Commencement Date the Service Provider shall, in consideration of the Fees being paid in accordance with the Terms of Payment, provide the Services to the Client.
4.1.2 The Service Provider will use reasonable care and skill to perform the Services.
4.1.3 The Service Provider shall use all reasonable endeavours to complete its obligations under these Terms and Conditions of Service, but time will not be of the essence in the performance of these obligations.
4.1.4 The Work the System Academy Training Program to be provided is listed at Schedule 1.
5.1.1 The Client agrees to pay the Fees in accordance with the Terms of Payment.
5.1.2 The Client will pay the Service Provider for any additional services provided by the Service Provider that are not specified in the Schedule in accordance with the Service Provider’s then current price, at the time of the performance or such other rate as may be agreed.
5.1.3 All sums payable by either Party pursuant to these Terms and Conditions of Service are exclusive of any value added.
5.1.4 Current fees at the time of contract are $997 for the entire program which is designed to be completed within 90 days. Such fees may be increased or decreased from time to time but will always be displayed on our payment page prior to your agreeing to any purchase. WTSA will extend the period that the program is available to the client up to one year from payment of the initial fee. Any further extension would be for negotiation.
6.1.1 All payments required to be made pursuant to these Terms and Conditions of Service by either Party shall be made at the commencement of the contract unless otherwise agreed in writing.
6.1.2 The time of payment shall be of the essence. If the Client fails to make any payment on the due date then the Service Provider shall, without prejudice to any right which the Service Provider may have pursuant to any statutory provision in force from time to time, have the right to charge the Client interest on a daily basis at an annual rate equal to the aggregate of 7% and the base rate of Bank of England from time to time on any sum due and not paid on the due date until such sum is received in full. Such interest shall be calculated cumulatively on a daily basis and shall run from day to day and accrue after as well as before any judgement.
7. Intellectual Property Rights
WTSA at all times is the sole and exclusive owner of all intellectual property and other proprietary rights and interests in and to the Service, as well as all code and other functional components used thereby. This Agreement is not a royalty-bearing contract or sale and does not convey, and Customer acknowledges and agrees that Customer neither has nor at any time shall attempt to claim, any interest in and to any and all of the Service, logos, marks, feature names or intellectual property rights associated with the Service or the use thereof not explicitly granted in this Agreement. As part of Customer’s use of the Service and subject to the terms of this Agreement, Customer shall be permitted during the term of this Agreement only to use the Service, including all pages within the membership area on the WTSA website and other software made available to Customer in object code form only on a limited, revocable, nonexclusive, non-transferable basis. Customer shall not, and shall ensure that its Registered Users shall not, copy, modify, sublicense, distribute, rent, lease, convey, translate, disassemble or decompile any portion of the Service, related WTSA content and other technology. The customer may invite its immediate payroll staff to access the membership area and take part in the program but this does not include any outsourced staff, licensees or franchisees who will need to purchase their own WTSA program. If the customer is in doubt whether or not to allow access to their staff, queries should be directed to the WTSA management team.
8.Protection of IP Rights
Customer acknowledges and agrees that the source code, object code and technical information used to operate the Service and all materials related to any of the foregoing are confidential and are protected by intellectual property laws. Customer shall not use or permit the use by Registered Users or others of any of the foregoing, except as authorized under the terms of this Agreement, and will take all actions as necessary to protect the confidentiality and intellectual property rights of WTSA in the foregoing. Customer understands and agrees that much of the foregoing is unique to WTSA and that remedies at law are insufficient to compensate for any infringement of such rights. Customer agrees that WTSA shall be entitled to such injunctive or equitable relief as necessary to protect such rights, while not precluding any remedy at law.
If either party receives from the other written information which is marked or understood to be “confidential” and/or “proprietary”, the receiving shall treat such information with no less care than it treats its own confidential information, and shall prevent unauthorized disclosure of such confidential information. The obligation to keep information confidential shall not apply to such information that: (i) is already known by the receiving party at the time disclosed, or is or becomes publicly available via a source other than the receiving party; (ii) is obtained from a third party with the right to disclose such information; and (iii) is required or in the opinion of the receiving party’s counsel reasonably necessary to comply with regulatory, judicial or other governmental rules, processes, requests or orders.
10.Product Delivery and Support
10.1 Delivery. Once you have signed up to the program and you have paid the program fee by credit/debit card, you will be able to access the online program immediately. A hard copy of the starter pack and training manual will be despatched by mail/courier. Mail delivery times will vary depending on your location.
Please report any damage to your starter pack/ training manual immediately upon receipt to firstname.lastname@example.org.
10.2 WTSA email support shall be provided by WTSA personnel during regular business hours for user interface and operational questions, errors, and software and service failures. WTSA email support does not include 1:1 training, consulting, or individual assistance with the creation of documentation, which may be available in the sole discretion of WTSA at additional charges or through other service offerings under the umbrella of Work The System Consultants ltd. WTSA shall have no obligation or responsibility to provide technical support for any software or services that are not a part of the Service, such as Microsoft Windows, Microsoft Word, Microsoft Office or Bizmanualz Documentation Software.
10.3 Contact Information and Support. You can contact Customer Support during normal business hours using the email address email@example.com. We endeavour to reply to all emails within 48 hours of receipt.
11. Refund Guarantee Policy
1.1.1 We want you to feel that what you are purchasing is right for you/your business. The product(s) that we offer have been fully tested in working environments and all testimonials are genuine and provided by businesses that have adopted the Work the System Academy principles. Our website illustrates a number of success stories and contains testimonials about how the application of the Work the System process has assisted businesses to achieve successful outcomes in terms of working practise, hours worked and increased profits.
11.1.2 WTSA offers a 30 day refund guarantee which commences when the customer makes their payment (either ‘in full’ or the ‘first instalment’) for the program and expires within 30 days.
If within 30 days of signing up to the program you decide it is not for you, we will refund the full purchase price via the credit/debit card used for the original purchase. Shortly after signing up to the program you should have received a starter pack including a training manual work-book. Inside the manual you will find a guarantee/refund request form. Please complete the details, including the declaration that all material downloaded from the workthesystemacademy.com website has been removed from any computer(s) used in conjunction with the training program.
11.1.3 Return the Guarantee/refund request form together with the unused training manual work-book in the original packaging by “signed for” despatch to the address shown on the form. Your refund will be made within 21 days from receipt of the returned manual and completed refund form. We are unable to process a refund if the training manual has been written on or damaged and it is returned without the completed declaration.
You must ensure we receive your refund request within the 30 days of making your original payment.
12.Variation and Amendments
If, due to circumstances beyond the Service Provider’s control, it has to make any change in the arrangements relating to the provision of the Services it shall notify the Client immediately. The Service Provider shall endeavour to keep such changes to a minimum
13.1.1 The Service Provider may terminate the Agreement immediately if:
13.1.1.a.1 The Client fails to pay their fee(s) for the program when they become due. The Service Provider will allow reasonable delays in payment for expired credit cards or other technical problems which cause a delay in payment.
13.1.1.a.2 the Client is in breach of any of his obligations hereunder;
13.1.1.a.3 the Client has entered into liquidation (other than for the purposes of a bona fide amalgamation or reconstruction) whether compulsory or voluntarily or compounds with his creditors generally or has an administrator, administrative receiver or receiver appointed over all or a substantial part of his undertakings or assets;
13.1.1.a.4 the Client has become bankrupt or shall be deemed unable to pay his debts by virtue of Section 123 of the Insolvency Act 1986;
13.1.1.a.5 the Client ceases or threatens to cease to carry on business; or
13.1.1.a.6 any circumstances whatsoever beyond the reasonable control of the Service Provider (including but not limited to the termination of the Services through no fault of the Service Provider) arise that necessitate for whatever reason the termination of the provision of Services.
13.1.2 In the event of termination under sub-Clause 14.1.1 the Service Provider shall retain any sums already paid to it by the Client without prejudice to any other rights the Service Provider may have whether at law or otherwise.
13.1.3 By subscribing online, Customer has an initial 30-day trial period during which Customer may terminate its use of the Service. Thereafter, the term of this Agreement shall be a total of 90 days from the time of purchase either of the entire program or the first instalment.
13.1.4 Customer is permitted to access the membership area for a total of 12 months from the point of purchase unless a material breach of the agreement occurs. After this time, it may be possible for Customer to extend their access time by requesting to do so by contacting WTSA management. WTSA management is under no obligation to extend Customer access time.
14.1.1 If the Service Provider fails to perform the Services with reasonable care and skill it will carry out remedial action at no extra cost to the Client.
14.1.2 The Client shall indemnify the Service Provider against all damages, costs, claims and expenses suffered by the Service Provider arising from loss or damage to any equipment (including that of third parties) caused by the Client, or his agents or employees.
14.1.3 The Service Provider shall not be liable to the Client or be deemed to be in breach of these Terms and Conditions of Service by reason of any delay in performing, or any failure to perform, any of the Service Provider’s obligations if the delay or failure was due to any cause beyond the Service Provider’s reasonable control.
Neither the Client nor the Service Provider shall be liable for any failure or delay in performing their obligations under these Terms and Conditions of Service where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.
17.1.1 No waiver by the Service Provider of any breach of these Terms and Conditions of Service by the Client shall be considered as a waiver of any subsequent breach of the same or any other provision. A waiver of any term, provision or condition of these Terms and Conditions of Service shall be effective only if given in writing and signed by the waiving Party and then only in the instance and for the purpose for which the waiver is given.
17.1.2 No failure or delay on the part of any Party in exercising any right, power or privilege under these Terms and Conditions of Service shall operate as a waiver of, nor shall any single or partial exercise of any such right, power or privilege preclude, any other or further exercise of any other right, power or privilege.
The Parties agree that, in the event that one or more of the provisions of these Terms and Conditions of Service are found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions of Service shall be valid and enforceable.
The Service Provider reserves all copyright and any other rights (if any) which may subsist in the products of, or in connection with, the provision of the Services or facilities. The Service Provider reserves the right to take such actions as may be appropriate to restrain or prevent infringement of such copyright.
All notices under these Terms and Conditions of Service shall be in writing and be deemed duly given if signed by, or on behalf of, a duly authorised officer of the Party giving the notice.
20.1.1 Notices shall be deemed to have been duly given:
20.1.1.a.1 when delivered, if delivered by courier or other messenger (including registered mail) during normal business hours of the recipient; or
20.1.1.a.2 when sent, if transmitted by fax or e-mail and a successful transmission report or return receipt is generated; or
20.1.1.a.3 on the fifth business day following mailing, if mailed by national ordinary mail, postage prepaid; or
20.1.1.a.4 on the tenth business day following mailing, if mailed by airmail, postage prepaid.
in each case addressed to the most recent address, e-mail address, or facsimile number notified to the other Party.
20.1.2 Service of any document for the purposes of any legal proceedings concerning or arising out of these Terms and Conditions of Service shall be effected by either Party by causing such document to be delivered to the other Party at its registered or principal office, or to such other address as may be notified to one Party by the other Party in writing from time to time.
21. Law and Jurisdiction
21.1.1 These Terms and Conditions of Service (including any non-contractual matters and obligations arising there from or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
21.1.2 Any dispute, controversy, proceedings or claim between the Parties relating to these Terms and Conditions of Service (including any non-contractual matters and obligations arising there from or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.
21.1.3 .As always, the advice of a competent legal, tax, accounting or other professional should be sought. The author and publisher do not warrant the performance, effectiveness or applicability of any sites listed or linked to in this Coaching Program.
Description of Services Completion Date Payment Terms
The Work The System Academy Training Program includes the following:
(all program content to be accessed via the WTSA membership area having issued Customer with their login credentials on purchase of the product)
Full Suite of online Instructional Training Videos for both the Business Owner and for Company Managers
‘My Business On A Page’ Template
(available as a PDF download)
Procedure Identification Guide
(available as a PDF download)
One Page Working Procedure Brainstorm Plan
(available as a PDF download)
Do It Now! Actions Booklet and PDF
(available as PDF downloads)
WTSA Fast Progress Reference Guide
(available as PDF downloads)
Business Documentation: Strategic Objective Template and Samples
(available as a PDF download)
Business Documentation: Operating Principles Template and Samples
(available as a PDF download)
Business Documentation: Working Procedures Template and Samples
(available as a PDF download)
10. One Page Progress Checker
(available as a PDF download)