Forceworks All-Star Advisory Agreement

THIS FORCEWORKS ALL-STAR SUBSCRIPTION AGREEMENT (THE “AGREEMENT”) SETS FORTH THE LEGALLY BINDING TERMS FOR OUR SUBSCRIPTION ADVISORY  SERVICE (THE “SERVICE”). BY ACCEPTING THIS AGREEMENT, UPON OUR RECEIPT OF YOUR FIRST PAYMENT, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “CLIENT” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES. THE CLIENT SHOULD CAREFULLY READ THE FOLLOWING TERMS BEFORE MAKING THE FIRST PAYMENT.

This Agreement was last updated on March 28, 2024.

This Agreement sets forth the terms and conditions under which Forceworks offers the Advisory Services.

  1. Advisory Calls

a. The Service provides for up to four Microsoft Teams calls per month during the term on a “use it or lose it” basis.

b. Each call shall be no more than one hour in length, with no limit on the number of Client attendees.

c. The Client selects the Advisor individually for each call based on their needs. Successive calls with the same Advisor must be at least five days apart.

d. The calls will be recorded, and a link to the recording will be provided to the Client after the call. Client shall be responsible for downloading the recording as Forceworks will not store the recording long-term.

2. Availability

a. Each Advisor’s availability is subject to their prior commitments, Vacation, sick leave, etc.

b. If the Client schedules a call, and fails to attend without prior cancellation, the Client shall be charged an additional $500 USD for that call.

3. Confidentiality

a. Advisors will maintain the confidentiality of any information received from Client in connection with this Agreement, including but not limited to business information, pricing information, and business practices.

b. Advisor will not disclose any confidential information to any third party without Client’s prior written consent.

3. Term, Fees, Payment & Taxes

a. Term of Agreement. The Term of this Agreement shall be for six (6) months commencing on the Effective Date (the “Initial Term”).  The Term shall be automatically extended for successive Renewal Terms of six (6) months each, at the then-current terms displayed here, unless either party provides written notice of non-renewal to the other at least thirty (30) days before the end of a term.

b. Fees and Payment. The Client shall pay Forceworks the fees for the Service (“Subscription Fees”), as agreed. All payments shall be made in United States Dollars (USD). If the Client requests (and Forceworks agrees) for Forceworks to accept payments denominated in a foreign currency, a minimum surcharge of 5% will apply to each invoice.  The Subscription Fees shall be charged monthly in advance via automatic electronic payment only.

c. Taxes. Subscription Fees do not include any local, state, federal, or foreign taxes, levies, or duties of any kind. 

4. Disclaimer of Warranties.  THE ADVISORY SERVICES  PROVIDED TO THE CLIENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND FOR COMMERCIAL USE ONLY. THE CLIENT ASSUMES ALL RESPONSIBILITY FOR DETERMINING WHETHER THE SERVICE OR THE INFORMATION GENERATED THEREBY IS ACCURATE OR SUFFICIENT FOR THE CLIENT’S PURPOSES.

5. Limitation of Liability. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO ANYONE FOR LOST PROFITS OR REVENUE OR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, COVER, SPECIAL, RELIANCE OR EXEMPLARY DAMAGES, OR INDIRECT DAMAGES OF ANY TYPE OR KIND HOWEVER CAUSED, WHETHER FROM BREACH OF WARRANTY, BREACH OR REPUDIATION OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR ANY OTHER LEGAL CAUSE OF ACTION FROM OR IN CONNECTION WITH THIS AGREEMENT TO THE MAXIMUM EXTENT PERMITTED BY LAW AND SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT OF FEES PAID BY CLIENT IN THE PRECEDING SIX MONTHS.

6. General

a. This Agreement represents the entire agreement between the parties and supersedes all prior negotiations, understandings, and agreements between the parties.

b. This Agreement may not be modified or amended except in writing and signed by both parties.

c. This Agreement will be governed by and construed in accordance with the laws of the State of Florida.