Standard Terms of Service

When “You” the user of our products or services, makes a purchase, the following agreement shall apply and is made between You, the Customer, and Aftokrat Academy LLC, a California Limited Liability Company, dba The Inc. Academy.

DEFINITIONS. The following terms shall have the following meanings:

  1. “Customer” means the business or sole proprietor enrolling into this service.
  2. “Consultant” means Aftokrat Academy LLC, or any of its coaches or consultants..
  3. “Products” refers to the goods and/or services that have been purchased by the Customer from the Consultant.

SUPPLY OF GOODS AND SERVICES. 

  1. The Consultant agrees to provide the Customer with certain Products as requested by Customer.  The Customer acknowledges that it may, at any point, request additional products and services from the Consultant for an additional cost, the provision of such products and services to be at the discretion of the Consultant. Customer shall maintain access to all such Products as long as Customer continues to make payments as agreed to by Consultant.
  2. Service Package Options
    • Preview Course: One-Time Payment for lifetime access to one course audio recording and workbook.
    • Semester Program: Your purchase includes all of the following:
      • Profit Acceleration Call;
      • Membership-based access to our month-by-month, semester-by-semester, course program while your membership remains in good standing;
      • 12 Core eCourses, 6 eCourses Per Semester, focusing on Core entrepreneurship building block
      • Weekly group open-calls for Q&A
      • Access to premium content available on Consultant’s eLearning Marketing System platform (including DFY Resource Library, Templates, industry-specific toolsm etc);
      • Eligible for $50k Guarantee
    • DWY Marketing System: Your purchase includes everything in our Semester program, plus:
      • 12-Month Digital Acceleration Roadmap;
      • Weekly Check-In to ensure accountability (on both sides);
      • Website build-out/updates to current site (up to 10 pages);
      • Basic CRM setup & ongoing updates based on program goals and objectives;
      • 1 Funnel build/quarter (including landing pages & drip campaigns);
      • Basic Social Media (10 posts/month)
      • Online Directory submission (i.e., Google Business Profile, Yelp, Bing, etc);
      • Ongoing local SEO;
      • 1 custom blog post per month;
      • Custom eNewsletter template creation;
      • Monthly eNewsletter.
      • Eligible for $100k Guarantee
      • Optional Add On: PPC Management Only for up to $2,000 Ad spend. (Ad Spend Not Included)

TERM OF AGREEMENT.

  1. This agreement shall be on a month-to-month basis, from the date of purchase until terminated by Customer or Consultant.

TERMINATION.

  1. By Consultant
    • This Agreement may be immediately terminated by the Consultant if the Customer fails to comply with the payment terms as detailed on the front of this Agreement, and the Customer has failed to remedy the breach within 14 days of having received written notice of the breach and a request that it be remedied.  In the event the Consultant terminates this Agreement, the Consultant reserves the right to re-possess the Products.
    • Additionally, Consultant reserves the right to terminate this Agreement, effective immediately, if Customer routinely fails to meet its obligations, or the standards of the Guarantee, and Consultant does not believe continuing the relationship would be fruitful for either Party.
  2. By Customer
    • Customer may terminate at any time, for any reason, or no reason, with 30 days written notice provided to Consultant. Consultant shall continue to provide services to Customer until the final day termination date. All fees shall remain due and payable, and shall be prorated based on the termination date.

INFORMATION & ADVICE.

  1. The information provided in the Products is for reference purposes only.  The Products are sold on the terms and understanding that:
    • the Consultant is not responsible for the results of any actions taken on the basis of information in the Products, nor for any error in or omission from the Products; and
    • the Consultant is not engaged in rendering legal, accounting, professional or other advice or services pursuant to this agreement. 
  2. The Consultant expressly disclaims any and all liability and responsibility to any person, arising or resulting from actions taken by Customer in its business dealing, done or omitted to be done by any such person in reliance, whether wholly or partially, upon the whole or any part of the contents of the Products.
  3. The Consultant is or may be a licensed Attorney. it is understood that Consultant is NOT a law firm and may not render legal advice. But an individual consultant may only render legal advice based on law from the jurisdiction holding Consultants license and ONLY when explicitly retained for that purpose, under separate agreement with its separate law firm entity.
  4. The Consultant is, or may be, a Real Estate Broker. Consultant does NOT provide real estate services under its scope of Services; however, an individual Consultant may only render real estate advice based on the jurisdiction that holds Consultant’s license and ONLY when explicitly retained for that purpose, under a separate agreement with its real estate brokerage entity.

DISCLAIMER.

  1. The Customer acknowledges and agrees that the Consultant, and any agent, employee or representative of the Consultant have not made any guarantees or promises concerning the income, revenue or profits which can or might be realized by the Customer by using the information contained within the Products, apart from the Financial Guarantee (below) and the requirements of fulfilling that guarantee. . 
  2. Notwithstanding Consultants “$100k Guarantee”, Customer understands that the results of the Customer are largely dependent on the Customer’s own skill and application of the information presented, in addition to Customers engagement and willingness to engage in the program.

RESULTS.

  1. Results are defined as money, motivation, progress, marketing plan, business plan, business structure, thought provoking conversation, changes and alterations in business practice, time management improvements, regular correspondence and a deeper understanding of how business can be marketed.

FINANCIAL GUARANTEE.

  1. If Customer terminates this agreement at any time prior to completion of twelve (12) consecutive months from the date of enrollment, customer shall immediately lose eligibility to participate in any of Consultant’s financial guarantees, as defined below.
  2. By enrolling in this program, Customer will automatically become eligible for our “$50k Guarantee” (Semester Program) or “$100k Guarantee” (DWY Marketing System) – based on Customer’s plan level – that Customer’s gross business revenue will increase by at least $50,000 or $100,000 after 12 months of working with us. 
  3. Subject to the following conditions, if, upon completion of the program as instructed by our professionals in following the schedule and timely completing of all assigned work, you have not achieved the promised results, we will continue to work with you until those results are achieved, at no charge to you, or for another 12-month period, whichever is shorter.
  4. Conditions of Guarantee. This guarantee will be effective if all of the following conditions have been met:  (1) You have completed your twelve-month training program and at all times made a good-faith earnest attempt to implement the program; (2) You have  completed and returned all workbooks to the Consultant on a monthly basis; (3) You have made all payments to the Consultant as and when they were due; (4) You have attended at least 85% of your scheduled one-on-one meetings (for DWY Service Subscriptions) or attended at least 85% of the weekly open call meetings (for Semester Subscriptions).
    • Must make the claim within 30 days of completing 12-month period.

COSTS & EXPENSES. 

  1. You understand that any costs and/or expenses associated with our work together remain your responsibility and, and unless explicitly INCLUDED in your package, are not included in our fee.  These costs may include things like payment for stock photography, CRM subscription, social media ad spend, Google ad spend, etc.
  2. You are, at all times, free to add a la carte services which shall be billed separately from these subscription programs and shall NOT be considered part of the Financial Guarantee.

ENTIRETY AGREEMENT.

  1. This agreement contains the entire agreement between us, and no other agreement, statement, or promise made on or before the effective date of this agreement will be binding on either of us. Any modifications to this agreement must be done in writing.

FORCE MAJEURE.

  1. Neither party shall be liable for delay or failure in the performance of its obligations under this Agreement if such delay or failure is caused by conditions beyond its reasonable control, including but not limited to, fire, flood, inclement weather, accident, earthquakes, telecommunications line failures, electrical outages, network failures, acts of God, terrorism, civil commotion, or labor disputes. Each party shall use reasonable efforts to notify the other party of the occurrence of such an event as soon as reasonably practical.

SEVERABILITY.

  1. If any provision or portion of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.

APPLICABLE LAW.

  1. Any legal or equitable claim that may arise from participation in the above shall be resolved under California law.

DISPUTE RESOLUTION.

  1. The parties will attempt to resolve any dispute arising 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 resolved by binding arbitration under the rules of the American Arbitration Association. The arbitrator’s award will be final, and any judgment may be entered upon it by any court having proper jurisdiction.

CAPTIONS; CONSTRUCTION.

  1. The captions of any articles, paragraphs or sections of this Agreement are inserted for convenience purposes only and are in no way intended to and shall not define, limit, control or affect the meaning or construction of any provision hereof and each section of this Agreement shall be known and interpreted by its plain meaning. This Agreement shall not be construed more strongly against either party regardless of which party is more responsible for its preparation.

WAIVER; RIGHTS CUMULATIVE.

  1. No waiver of any term or right in this Agreement shall be effective unless in writing, signed by an authorized representative of the waiving party. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this Agreement thereafter. The rights and remedies of the Parties herein provided shall be cumulative and not exclusive of any rights or remedies provided by law or equity.

EFFECTIVE DATE.

  1. The effective date of this agreement will be the date when your respective service is purchased.