Please read the terms and conditions thoroughly and accept the terms and conditions below!

TERMS + CONDITIONS

This Client-User Agreement is made and effective for all users as of August 1, 2020, (the “Agreement”)

BETWEEN:
The New Flat Rate, Inc., (hereafter “The New Flat Rate”), a corporation organized and existing under the laws of the State of Delaware, with its head office located at:

404 McGee Drive, Dalton, Georgia 30721

AND:

You, (the “Client-User” and collectively the “Parties”), a company organized and existing under the laws of your state

WHEREAS, the CLIENT-USER is desirous of leasing materials and technology provided by The New Flat Rate.

WHEREAS, The New Flat Rate is a qualified provider of materials, training, coaching, technology as noted below and is willing to provide such services 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:

SERVICES:

The following services are included:

• The New Flat Rate menu pricing selling system as itemized in the CLIENT-USER’s selected package. 

• Applicable materials, training, coaching, technology, and services as itemized the CLIENT-USER’s selected package

• On-going pricing Support, Updates and Import Files as itemized in the CLIENT-USER’s selected package

TERMS AND PAYMENT PLAN:

• Package Payments as itemized in the order submitted to us (remove) The New Flat Rate and outlined on the CLIENT-USER’s invoice.

• Monthly, Ongoing licensing/user fees as itemized in your order and to continue indefinitely until such time the CLIENT-USER notifies The New Flat Rate that the CLIENT-USER is no longer using the system and goes through the cancellation process with The New Flat Rate Representative.

• The CLIENT-USER acknowledges, understands, and agrees that The New Flat Rate 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 The New Flat Rate requires a 30-day notice of 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.

• The CLIENT-USER acknowledges, understands, and agrees that if service is cancelled within the first year, all printed materials must be promptly returned within 30 calendar days, at the CLIENT-USER’S expense. If materials are not returned within 30 days, the CLIENT -USER will be charged a fee of $1200.  After the first 12 months the CLIENT -USER may keep the printed material.

• The Client-User acknowledges, understands, and agrees that books and materials must be returned upon termination of its membership within 12 months of ordering new books at the CLIENT-USER’S expense. If materials are not returned within 30 days, the CLIENT -USER will be charged a fee of $1200.  After the first 12 months the CLIENT -USER may keep the printed material.

• The CLIENT -USER acknowledges, understands, and agrees that after 30 days of NO payments (either the monthly ongoing licensing/user fees or package payments) The New Flat Rate may discontinue access to such agreed upon materials, training, coaching, technology, and services.  In the event payments become 90 days past due, The New Flat Rate reserves the right to send to an attorney 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 applicable attorney fees will be required to re-activate technology.

• The CLIENT -USER acknowledges, understands, and agrees that all account(s) not paid–in–full within 60 calendar days may incur an additional finance/interest charge of one and one-half (1.5%) percent per month, and that all accounts not paid–in–full within 90 calendar days from date of service 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.

• The CLIENT -USER acknowledges, understands, and agrees that these terms and conditionswill be governed by and construed in accordance with the laws of the State of Georgia. Any action arising under the terms of this Agreement, including, without limitation, any action to enforce this Agreement, will be filed in Georgia courts. The parties hereby expressly consent to the jurisdiction and venue in the state of Georgia.

• The CLIENT -USER acknowledges, understands, and agrees to any provided task code import files are the copyrighted property of The New Flat Rate and the CLIENT-USER is required to discontinue the use these files/imports at termination.

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 receipt of this email and the payment of first invoice/deposit. It takes effect on the date of this payment 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 and payment plan).

AGREED TO as of the date this email is received by CLIENT-USER.

THE NEW FLAT RATE, INC.