Program Terms & Conditions 

 

Welcome to The New Flat Rate ("TNFR"). These Program Terms & Conditions ("Program Terms") describe how our products, software, training, support, and membership services operate.

These Program Terms are intended to provide Members with a clear understanding of their membership benefits, responsibilities, and the operational policies governing the use of TNFR's products and services.

1. Relationship to Your Agreement

These Program Terms supplement and are incorporated into the agreement governing your relationship with The New Flat Rate (collectively, the "Member Agreement"), including, as applicable:

    • Master Services Agreement (MSA)
    • User Agreement
    • Membership Agreement
    • Quote or Order Form
    • License Agreement
    • Service Agreement
    • Any written amendment or addendum executed by the parties

These Program Terms apply to all Members, regardless of when they enrolled or which membership package they purchased, unless expressly modified in writing by The New Flat Rate.

If any provision of these Program Terms conflicts with the Member Agreement, the Member Agreement shall control solely with respect to the conflicting provision. All remaining provisions of these Program Terms shall remain in full force and effect.

2. Membership Services

Depending upon the products and membership package purchased, Members may receive access to one or more of the following:

Software & Technology

    • TNFR Pricing Dashboard
    • TNFR Mobile Applications
    • Digital Pricing Menus
    • Member Portal
    • Team Training Lab
    • Software Integrations
    • Import Files
    • API Access (where available)
    • Module Updates
    • Software Enhancements
    • Future Product Improvements

Training & Education

Membership benefits may include access to:

    • Implementation Training
    • Refresher Training
    • Advanced Sales & Communication Training
    • Closing the Deal
    • CSR Training
    • Dispatcher Training
    • Leadership Training
    • Sales Coaching
    • Virtual Classes
    • Live Events
    • Webinars
    • Podcasts
    • Business Coaching
    • Educational Resources

Training availability varies based upon the Member's selected package and current training schedule.

Member Support

Support offerings may include:

    • Field Performance Support
    • Technical Pricing Assistance
    • Member Success Management
    • Business Coaching
    • Product Support
    • Implementation Assistance

Support availability, hours of operation, response times, and included services vary by membership tier.

3. Pricing Responsibility

The New Flat Rate provides pricing software, pricing recommendations, business consulting, coaching, and implementation assistance.

Member acknowledges and agrees that:

    • All pricing decisions remain solely the responsibility of the Member.
    • Member is responsible for reviewing, approving, and implementing all pricing.
    • TNFR does not establish or guarantee Member retail pricing.
    • Member assumes all responsibility for prices presented to customers and for all business decisions made using TNFR products or recommendations.

4. License Usage

Each License grants one authorized user access to TNFR products and services.

Licenses:

    • are assigned to individual users;
    • may not be shared simultaneously among multiple users;
    • remain the property of TNFR;
    • are governed by the applicable Member Agreement.

Members are responsible for promptly notifying TNFR of personnel changes requiring License reassignment or additional Licenses.

5. Intellectual Property

All materials provided by The New Flat Rate are proprietary and remain the exclusive property of TNFR.

Protected materials include, but are not limited to:

    • Pricing Systems
    • Digital Menus
    • Software
    • Mobile Applications
    • Videos
    • Training Materials
    • Workbooks
    • Scripts
    • Forms
    • Documentation
    • Business Processes
    • Coaching Materials
    • Presentations
    • Graphics
    • Written Content
    • Marketing Materials
    • Audio and Video Content

Except as expressly permitted by the applicable Member Agreement, Members may not:

    • Copy
    • Reproduce
    • Modify
    • Publish
    • Sell
    • Distribute
    • Reverse engineer
    • Lease
    • License
    • Transfer
    • Create derivative works from
    • Share with third parties

any TNFR intellectual property.

6. Artificial Intelligence & Technology Restrictions

To protect TNFR's proprietary systems and intellectual property, Members agree not to use any TNFR content, materials, software, pricing systems, documentation, training materials, videos, scripts, or methodologies to:

    • Train artificial intelligence or machine learning models;
    • Develop competing software or pricing systems;
    • Create derivative products or services;
    • Generate competing educational materials;
    • Upload proprietary TNFR content into publicly accessible AI platforms for redistribution or commercial use.

Nothing in this section prohibits ordinary internal business use of AI tools that does not disclose, reproduce, or commercially exploit TNFR proprietary information.

7. Confidential Information

Members acknowledge that they may receive confidential and proprietary information belonging to TNFR.

Confidential Information includes, but is not limited to:

    • Pricing methodologies
    • Software functionality
    • Menu structures
    • Business processes
    • Sales methodologies
    • Training materials
    • Coaching methods
    • Strategic documentation
    • Product development
    • Internal communications
    • Operational procedures

Members agree to maintain the confidentiality of such information both during and after their relationship with TNFR.

8. Training Policies

Members are responsible for:

    • Registering for scheduled training.
    • Ensuring attendees meet any course prerequisites.
    • Arriving on time.
    • Maintaining suitable internet connectivity for virtual training.
    • Participating in required implementation activities.
    • Completing assigned onboarding tasks.

Failure to attend scheduled training sessions does not create entitlement to refunds, credits, or extensions unless approved by TNFR.

TNFR reserves the right to modify instructors, schedules, course content, delivery methods, or training locations at its discretion.

9. Pricing Update Services

Where included within the Member's package:

    • Up to two (2) pricing update assistance sessions are included annually.
    • Each session includes up to one (1) hour of assistance.
    • Additional assistance may be billed at TNFR's then-current rates.

Members remain solely responsible for reviewing and approving all pricing before implementation.

10. Member Responsibilities

To maximize the effectiveness of the TNFR system, Members agree to:

    • Complete onboarding activities.
    • Attend implementation training.
    • Participate in coaching sessions.
    • Maintain current pricing.
    • Encourage employee participation.
    • Utilize TNFR systems as designed.
    • Promptly communicate implementation challenges.
    • Follow recommended implementation practices.
    • Maintain active communication with TNFR when assistance is needed.

11. Suspension of Services

Member access to software, applications, training, support, coaching, and other benefits may be suspended or limited in accordance with the applicable Member Agreement for up to 90 days in a single calendar year.

Suspension of services does not relieve the Member of any payment obligations established under the Member Agreement.

12. Product Improvements

The New Flat Rate continually improves its products and services.

Accordingly, TNFR reserves the right to:

    • Add features
    • Improve software
    • Update training curriculum
    • Modify support processes
    • Introduce new technology
    • Expand Member benefits
    • Replace outdated functionality

provided such changes do not materially reduce the core value of the Member's purchased services.

13. Changes to These Program Terms

The New Flat Rate may revise these Program Terms from time to time to reflect improvements to products, services, technology, operational procedures, legal requirements, or membership offerings.

Updated Program Terms become effective thirty (30) days after written notice to Members or publication on TNFR's website or Member Portal, unless a longer period is required by the applicable Member Agreement.

Continued use of TNFR products or services after the effective date constitutes acceptance of the revised Program Terms, except where prohibited by an executed written agreement.

14. Contact Information

Questions regarding these Program Terms or your membership may be directed to:

The New Flat Rate, Inc.
404 McGhee Drive
Dalton, Georgia 30721

Email: support@thenewflatrate.com

Website: www.thenewflatrate.com

Website: www.thenewflatrate.com