This User Agreement is made and effective as of date you signed your TNFR itemized “Quote” and

BETWEEN: The New Flat Rate, Inc. (the “provider” and /or “TNFR”), a corporation organized and existing under the laws of Delaware, with its head office located at: 404 McGee Dr. Dalton, GA 30721

AND: “Quote/agreement signer’’ (“client” and/or CLIENT USER), a company organized and existing under the laws of the State currently located on signed TNFR Quote”

WHEREAS the CLIENT-USER is desirous of leasing materials and technology provided by TNFR.

WHEREAS, TNFR is a creator and owner of materials, training, coaching, technology as noted below and is willing to lease such services (materials, training, coaching, technology) to the CLIENT-USER as per the terms herein.

NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter set-forth, the Parties agree as follows:

The New Flat Rate’s implementation, presentation systems, coaching packages, data import files, and monthly license fees; the following services are included:

Terms & Conditions:

As the creator and owner of The New Flat Rate Menu Pricing System, materials, training, coaching, technology as noted above, TNFR agrees to provide the following to the CLIENT-USER:

• TNFR Pricing Dashboard and TNFR App access via iOS and/or Android
• TNFR Menu Pricing pages with CLIENT-USER specific price points (as outlined on quote signed)
• Training and coaching sessions (as outlined on quote signed)
• Software import file or integration APi access when available (as outlined on quote signed)
• Up to 2 times per year price change assistance up to 1 hour of time (additional assistance to be billed at current programing and assistance rates)
• TNFR Module updates included as available
• Access to The New Flat Rate Team Training Lab at thenewflatrate.com
• Access to TNFR Tech support for field pricing and assurance assistance
• Free access to new TNFR upgrades and enhancements (that apply to services outlined in signed quote)
• Access to on-going training and business coaching support through Podcasts, webinars, newsletters, etc.

As the user of materials, training, coaching, technology as noted above, CLIENT-USER agrees to the following:

• Package Payments as itemized in the signed quote submitted to TNFR and outlined on the CLIENT-USER’s invoice.
• Any non-payment within the billing cycle established could result in the suspension of access to all TNFR’s apps and resources.
• Once cancellation process is completed or service is terminated due to non-payment CLIENT-USER agrees to immediately cease from using The New Flat Rate Menu Pricing System, all associated materials, and methods (e.g., Import files for use in conjunction with third party software.)
• CLIENT-USER agrees to pay all ongoing licensing/user fees as itemized in your Quote, along with any licenses added at anytime in the future, and to continue indefinitely until such time the CLIENT-USER notifies TNFR that the CLIENT-USER is no longer using the system and goes through the cancellation process with a TNFR Representative. To complete this process, a cancellation agreement will be submitted to TNFR. If you wish to cancel, please contact [email protected].
• The CLIENT-USER acknowledges, understands, and agrees that TNFR may audit the CLIENT-USER’s account(s) and increase/decrease the monthly ongoing licensing/user fees to match the number of active subscriptions for the selected package.
• The CLIENT-USER acknowledges, understands, and agrees that TNFR requires a 30-day notice of cancellation in writing.  Also, all user fees, package purchases and balances due should be paid in full prior to cancellation. After cancelling, the CLIENT-USER may request at any time to restart services, however the CLIENT-USER will be subject to paying new membership prices and will not be guaranteed grandfathered pricing/licensing rates.
• The CLIENT-USER acknowledges, understands, and agrees that after 15 days of NO payments (either the monthly ongoing licensing/user fees or package payments) TNFR may discontinue access to such agreed upon materials, training, coaching, technology, and services. In the event of technology disconnect, a $485.00 re-activation fee will be instituted to turn technology back on. In the event payments become 90 days past due, TNFR reserves the right to send to an attorney as well as to turn over for further collection efforts, including filing of a legal cause of action.  The CLIENT-USER understands and agrees that once a delinquent account has been sent to the attorney, payment of all past due charges including re-activation, interest and applicable attorney fees could be required to re-activate technology.
• The CLIENT-USER acknowledges, understands, and agrees that all account(s) that are 7 calendar days past due may incur an additional finance/interest charge of twenty-five (25%) percent per month past due plus a $485 reactivation fee in the event of Technology Disconnect and that all accounts 15 calendar days past due shall be deemed “delinquent”. 
• The CLIENT-USER understands and agrees that should any account(s) become delinquent then the CLIENT-USER shall be in default of this Agreement, and the delinquent account(s) may be turned over for further collection activities, which the CLIENT-USER agrees is fair and reasonable.
• The CLIENT-USER acknowledges, understands, and agrees to pay reasonable collection costs/attorney fees calculated at one-third (1/3) of the following: (1) Delinquent principal amount(s) owed; (2) Finance charges/interest accrued on said delinquent account(s); (3) Dishonored check fee(s); (4) Credit/debit card fee(s); and (5) All incidental discretionary collection costs and expenses incurred to recover the delinquent amount owed. The CLIENT-USER understands and agrees to pay all court costs should legal action ensue.

BINDING AGREEMENT

The undersigned CLIENT-USER represents that s/he is duly authorized to enter into a binding Agreement and personally guarantees the fulfillment of the terms and conditions set-out herein. In the event of failure to pay per the terms set forth herein then the CLIENT-USER agrees to pay all costs of collection including but not limited to attorney fees and court costs. By signing below the CLIENT-USER understands and agrees that the terms and conditions of this Agreement are fair and reasonable.

This Agreement is subject to acceptance by signature located on Signed TNFR “Quote”. It takes effect on the date written on signed “Quote” and continues in effect and will remain in force until terms are satisfied, automatic annual renewal is guaranteed until cancelled in writing by either party (subject to the terms & conditions; payment plan).

IN WITNESS, WHEREOF, the parties hereto have executed this user agreement as of the day and year first written in signed “Quote”.

100% Return on investment guarantee

The goal of TNFR is to help you grow from a position of “strength”, therefore we focus on helping you develop a successful legacy by increasing profit and revenue, improving craftsmanship and value delivered, and ensuring a culture of positive growth in your team.

In order for TNFR to guarantee your success in these areas, the following criteria must be met:

You agree to:

• Follow our guidelines to get the system up and in use in your company including:
• Signing your quote and contracts
• Approving your pricing
• Attending initial meetings with your account rep and success coach.
• Attending your onboarding calls with training department
• Completion of the 2-day implementation class included in your start up package
• Attending your 30, 60, and 90-day review calls with your assigned coach
• Additional accountability measures
• Accurately tracking your average service ticket from day 1 to 90
• Communicating with one of our staff if you have difficulty in the field
• TNFR support line (762) 201-9076
• Using the program for a minimum of 90 days
• Run and track a minimum of 30 service calls during the first 90 days
• Keeping all monthly membership and tablet fees current

In the event that the above parameters are followed, we guarantee that you will have recovered your total initial investment in this program in additional revenue that you would not have had without this system.

If after using the system under these guidelines, you and your coach determine that you have not fully recovered your investment and you wish to discontinue use of the system, simply send us a written request to terminate your program, along with returning and TNFR training and resource materials and meet with your coach for a cancellation interview and then we will process a complete refund of your initial purchase, less membership and licensing fees. This guarantee is subject to acceptance by signature located on Signed TNFR “Quote”

IN WITNESS, WHEREOF, the parties hereto have executed this investment guarantee as of the day and year first written in the signed “Quote”, and users are in agreement to follow the outlined above implementation plan and reach out for assistance when needed.