Kajabi Service Membership Terms

In consideration of the promises, rights, and obligations set forth below, the parties agree as follows:

TERM: The term of this Agreement shall begin once both parties have signed and will be continued indefinitely and has no agreed-upon end date unless terminated by either the Client or the Contractor as set forth in this Agreement.

RELATIONSHIP: The Contractor will provide services (known as "Services") to the Client as an independent contractor and not as an employee. All communication regarding projects should remain inside the designated portal. Other non-project-related communication may occur via email.

SERVICES: The Services have been specially ordered and commissioned by Client. To the extent the Services include materials subject to copyright, the Contractor agrees that the Services are done as “work made for hire” as that term is defined under U.S. copyright law, and that as a result, Client will own all copyrights in the Services. The Contractor will perform such services in a diligent and workmanlike manner and in accordance with the schedule, if any, set forth in this Agreement. The content, style, form, and format of any work product of the Services shall be completely satisfactory to Client and shall be consistent with Client's standards. Except as specified in this Agreement, Client agrees that Contractor's services need not be rendered at any specific location and may be rendered at any location selected by the Contractor.

PAYMENT: Client agrees to pay the Contractor a non-refundable monthly amount as set forth on the checkout page. The monthly payment will be in the form of an ongoing subscription, and payment will be due before any work is performed. Any future increases in the monthly cost will require a new contract or addendum to this contract unless specified in your individual contract agreement.

CLIENT RESPONSIBILITY: Client understands that the Contractor is not an employee, and that this will be a collaborative, professional relationship of equals, as in a partnership, where mutual professional respect, courtesy, and consideration are expected. Due to the virtual nature of the partnership, the Client understands the importance of keeping communication inside the designated portal and responding to questions in a timely manner. Poor planning or miscommunication on the part of Clients will not constitute an emergency for the Contractor. Client understands that the Contractor may require more detail or clarification of projects in order to meet expectations and provide the best support and highest quality of work.

PROJECT COMPLETION: Client may submit an unlimited number project requests inside the portal. The requests will be handled one at a time by the Contractor, in the order in which the Client has them placed in the portal. Client may expect the Contractor to take 1-3 business days to complete each project. Contractor reserves the right to refuse a project or service request if the Contractor deems it offensive, or demeaning to others. Client is permitted to request revisions to any project at any time.

DELIVERY: Completed projects will be delivered digitally.

ACCURACY: The Client assumes full responsibility for acceptance of work or services performed and agreed upon, as well as final proofreading and accuracy. Contractor is not legally responsible for typos, errors, or omissions.

PAYMENT OPTIONS: Credit cards are accepted and payment is processed through Stripe. The Client's payment method on file will be automatically charged on the same day each month until they choose to pause their membership. Automatic bank transfer is also permitted.

NSF FEES: There is a $50 NSF (insufficient funds) fee for declined or returned payments.
LATE PAYMENTS: Payments not received by due date will result in work cessation. Contractor reserves the right to refuse completion or delivery of work until past due balances are paid. A monthly late charge of $50 will be assessed on unpaid balances every fifteen (15) days past the due date.

ACCURACY OF INFORMATION: Client agrees that the accuracy of information supplied to Contractor is the sole responsibility of Client, and that Contractor is not responsible and shall not be held liable for the results of services performed on the basis of inaccurate, incomplete, or untruthful information furnished by Client.

INDEMNIFICATION / RELEASE OF LIABILITY: Client shall indemnify, defend and save Contractor harmless from any and all suits, costs, damages, or proceedings, including, but not limited to, Contractor's services, pertaining to any and all litigation in which the Client is a party. Client shall pay all expenses incurred by Contractor including, but not limited to, all attorneys' fees, costs and expenses incurred should Contractor be named a party in any litigation to which Client is a party. Client shall further indemnify and hold harmless Contractor from liability for any and all claims, costs, suits, and damages, including attorneys' fees arising directly or indirectly out of or in connection with the operation of Client, and from liability for injuries suffered by any person relating to the Client. This agreement to indemnify Contractor is not limited to any acts or omissions, statements or representations made by Service Provider in the performance and/or nonperformance of Contractor's duties here under and relating to all contractual liabilities, which may be alleged or imposed against the Contractor. In the absence of negligence, however, the Contractor will not be held liable for loss, destruction or damage of any kind resulting from items which are lost or delayed in transit, whether such transit is electronic, fax, mail or otherwise, not for unauthorized use by others of such property. Contractor will not be held liable for any incidental, consequential or indirect damages, including without limitation damages for loss of profits, business interruptions, loss of information, plagiarism, etc. Contractor will not be held liable for typographical omissions or errors.
TERMINATION: Either party may terminate this agreement at any time. Client may email Contractor to cancel, or may log into their portal and cancel there. Upon termination, the Contractor will complete the remaining days in that month's membership.
PAUSING MEMBERSHIP: Client may pause their membership at any time by emailing Contractor. Any remaining time left on that month's membership will be rolled over to whenever they resume their membership.

EXPIRATION / MODIFICATION: The agreement shall remain in effect until such time as one or the other party provides written notice of cancellation. This Agreement may be modified or amended as necessary after negotiations initiated by either Party. If agreement is reached, only a written instrument signed by both parties will modify or amend this Agreement.

NON-DISCLOSURE AND NON-SOLICITATION: Contractor shall not directly or indirectly disclose to any person other than a representative of Client at any time either during the term of this agreement or following the termination or expiration thereof, any confidential or proprietary information pertaining to the Client, including but not limited to customer lists, contacts, financial data, supply sources, business opportunities for new or developing business, plans and models, or trade secrets.

COPYRIGHT INFRINGEMENT: The Contractor is not held liable for any copyright infringement that occurs due to images or text used on the website. Contractor agrees not to plagiarize copy or use copyrighted images to the best of her knowledge.

SUBMISSION TO JURISDICTION: Any legal suit, action, or proceeding arising out of or relating to this Agreement shall be instituted in the federal courts of the United States of America or the courts of the State of Indiana in each case located in the city of Fort Wayne and County of Allen, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.

COLLECTION: In the event that the Contractor is required to file a legal action to collect fees due from Client under this agreement, or to otherwise enforce this Agreement, then the Contractor shall be entitled to recover all costs and expenses incurred in relation to such legal action, including an award of reasonable attorney's fees.

CONSENT TO ELECTRONIC SIGNATURE. In order to electronically sign this agreement, it is necessary to obtain Client's consent. If Client does not wish to provide consent, a physical copy of this agreement can be mailed to Client. Initial here: Short text input (required) I consent to provide my electronic signature.

The terms and conditions of this Agreement may be modified or amended as necessary only by a written instrument signed by both parties. By signing the Agreement, I indicate that I understand, agree to, and accept the terms and conditions as contained herein.