Terms and Conditions of Use
Welcome to Practicalbusinessplanning.com! Practical Business Planning LLC (“Practical Business Planning”) provide website features and other products and services to you when you visit our website located at Practicalbusinessplanning.com (the “Site”) use our services.
Please read these Terms and Conditions of Use (the “Terms”) carefully because they govern your use of our Services. As used in these Terms and Conditions of Use, "Practical Business Planning Service", "our service" or "the service" means the personalized service provided to you.
AGREEMENT TO TERMS
By using or visiting www.Practicalbusinessplanning.com, or any content, functionality and services made available to you on or through the website, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, please do not use the website or the Services made available on or through the website.
The agreements that are made between you and Practical Business Planning for the purpose of executing an order must be made in writing. Changes, additions and side agreements must be made in writing to be effective.
CHANGES TO TERMS OR SERVICES
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Practical Business Planning shall reserve the sole right to change the structure of package/plans and prices, at any point in time. The information regarding prices and services available on our website may be changed at any point in time, without prior notification to you. Changes in prices for product and services will be at the sole decision of Practical Business Planning. However, change in prices would be effective for new projects only. Order for projects placed at rates before a change in price will be completed at the agreed rates.
Unless you opt-out of arbitration within 30 days of the date you first agree to these terms by following the opt-out procedure specified in the “Arbitration” section below, and except for certain types of disputes described in the “Arbitration“ section below, you agree that disputes between you and Practical Business Planning will be resolved by binding, individual arbitration and you are waiving your right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.
When you use the Practical Business Planning Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site such as our support, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You may use the Services only if you have reached the legal age of majority in your jurisdiction or older and are not barred from using the Services under applicable law. To make a purchase via the Services (described in the Section titled “Purchases” below), you must be 18 years or older and capable of forming a binding contract.
USING THE SERVICES
You understand and agree that the Services, Products and any other information you learn from Practical Business Planning are not intended, designed, or implied professional business advise, or to be a substitute for professional business advice. If you use the Services alongside other people, make sure they consent to do so. You understand and agree that you are solely responsible for your use of the Services.
The rights to access and use the service provided by Practical Business Planning is revoked in jurisdictions where it may be prohibited if any.
SERVICE TERMS AND PROJECT ORDER CONFIRMATION
Service Terms: Our processing and delivery schedule is between 10 to 15 business days after we have received all the required information for the project from the client. Client shall be solely responsible for providing accurate business information, such as startup costs, estimated sales, operating costs, etc. to Practical Business Planning. Without accurate information, Practical Business Planning may make use of available information, such as experience or research to compensate. No guarantees are provided in relations to the accuracy of our information found.
In the event of non-payment for a particular milestone, no work will be undertaken by Practical Business Planning for the next milestone.
Any delay arising out of client’s refusal to pay as and when due shall be borne by the client.
In case that no payment is made for a particular milestone within 30 days of the last reminder to the client, the client will forfeit any money paid for previous milestones and the project will be kept in suspension. Restarting of the project will be the sole discretion of Practical Business Planning.
Additional Services: In the event that the client is requesting for additional services outside the initially agreed scope of work, such service will be subject to Practical Business Planning’s acceptance and, if necessary, additional fees.
Project Order Confirmation: Practical Business Planning shall send to you an email to confirm the placement of your order and with details concerning the project delivery schedule. In the event that there is an error in this email confirmation, we kindly as that you inform us as soon as possible.
Practical Business Planning shall conduct its operations and provide the services in a professional manner and in accordance with good practices and experience. Nevertheless, Practical Business Planning cannot guarantee that the prepared business plan will provide the client with the intended result neither does Practical Business Planning warrant or guarantee that client shall receive funding for the business.
PAYMENT TERMS AND CONDITIONS
Client and Practical Business Planning hereby agrees that the payment terms and price once agreed cannot be changed. Any modification to be made after initial terms have been agreed upon shall be done in writing and agreed to by both client and Practical Business Planning.
Payment for the services to be provided by Practical Business Planning shall be made in 3 installations: 50% upfront before the commencement of the project, 25% after the approval of the first draft and final instalment payment of 25% shall be made before the submission of the final project draft.
Practical Business Planning shall send an invoice to the client upon the completion of each milestone agreed to between the client and Practical Business Planning. The invoice shall be due upon receipt by the client. Practical Business Planning will send at least two reminders for payment in the event that the client does not make the requested payment as requested.
All payment for the services to be provided by Practical Business Planning shall be made to Practical Business Planning through the payment gateways made available to the client by Practical Business Planning.
CANCELLATION AND REFUND POLICY
Once an order for a project is placed, it cannot be cancelled under normal circumstances. Personal preferences changes, changes in business objectives, or unwillingness for any reason to continue over the course of time, cannot suffice as a reason for a refund. Cancellation request after the placement of the order and prior to the submission of the first draft shall be permitted with a 50% refund on the total amount paid for the first milestone.
All payments made are non-refundable and non- transferable except as stated herein. Refunds will be made in extreme cases when the client can provide an acceptable reason for dissatisfaction around the quality of deliverables or in the event that Practical Business Planning fails to deliver according to agreed benchmarks. In such a scenario, a refund will be made for the particular milestone where it has been proven that quality does not match agreed standards.
Complaints by the client should be sent to Practical Business Planning by using the contact form on our website or other existing communication means between client and Practical Business Planning. We will get back with an option on ways to resolve any outstanding issues. We will also be responsible for refunds and amendments to agreed terms and conditions.
Delays in payments or feedback may result in the suspension or cancellation of an existing project. In case of cancellation, no refunds would be issued. Renewal of a suspended or cancelled projects may incur additional charges.
REFUSAL OF SERVICE
Practical Business Planning reserves the right to not process or to cancel your order in certain circumstances where Practical Business Planning deems appropriate in its sole discretion. The Services are offered subject to our acceptance of your order or requests. Practical Business Planning reserves the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so.
No project order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
We welcome feedback, comments and suggestions for improvements to the Services or Products (“Feedback”). You can submit Feedback by sending us an email. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicenseable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
CONTENT OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
The Website and its entire contents, features, and functionality (including all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement of it) are owned by the Practical Business Planning LLC, its licensors, or other providers of that material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
This agreement permits you to use the Website for your personal, noncommercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, except as follows:
Your computer may temporarily store copies of those materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own personal, noncommercial use and not for further reproduction, publication, or distribution.
You may download or print a copy of any part of the premium content to which you have properly gained access solely for your personal, noncommercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, noncommercial use, on condition that you agree to be bound by the Company’s end user license agreement for those applications.
You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
USER GENERATED CONTENTS AND CONTRIBUTIONS
The Website may contain message boards, profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to the Model, other users, or other persons (“post”) content or materials (collectively, “User Content”) on or through the Website.
You may upload certain User Content from time to time for a certain aspect of the services. You guarantee that you own all rights in the User Content and you acknowledge and agree that you have sole responsibility for the legality, reliability, accuracy and quality of the User Content.
You grant to us a non-exclusive, royalty-free, worldwide license to use the User Content to the extent reasonably necessary for the provision of the Services from time to time. This right cannot be withdrawn by you (but you can delete the content from any public-facing elements of the Website) and the license may be used by us on an ongoing basis. For the avoidance of doubt, by posting User Content publicly to a Service, you grant us the right and license to use, modify, display, reproduce and distribute such User Content for any purpose.
You agree not to do any of the following:
Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
Use, display, mirror or frame the Services, or any individual element within the Services, Practical Business Planning’s name, any Practical Business Planning trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Practical Business Planning’s express written consent;
Access, tamper with, or use non-public areas of the Services, Practical Business Planning’s computer systems, or the technical delivery systems of Practical Business Planning’s providers;
Attempt to probe, scan, or test the vulnerability of any Practical Business Planning system or network or breach any security or authentication measures;
void, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Practical Business Planning or any of Practical Business Planning’s providers or any other third party (including another user) to protect the Services;
Attempt to access or search the Services or download Collective Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Practical Business Planning or other generally available third party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other forms of solicitation;
Use any meta tags or other hidden text or metadata utilizing an Practical Business Planning trademark, logo URL or product name without Practical Business Planning’s express written consent;
Use the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
LINKS TO THIRD-PARTY WEBSITES OR RESOURCES
The Site and Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
The Services, Products and Content are provided “as is,” without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non- infringement and any warranties arising out of course of dealing or usage of trade.
We make no warranty that the Services or Products will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
You will indemnify and hold harmless Practical Business Planning and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or Content or (ii) your violation of these Terms.
LIMITATION OF LIABILITY
Neither Practical Business Planning nor any other party involved in creating, producing, or delivering the Services, Products or Content will be liable for any incidental, special, exemplary or consequential damages, including, but not limited to, lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute Services or Products arising out of or in connection with these terms or from the use of or inability to use the Services, Products or Content, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Practical Business Planning has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. In no event will Practical Business Planning’ total liability arising out of or in connection with these terms or from the use of or inability to use the Services, Products or Content exceed the amounts you have paid to Practical Business Planning for use of the Services, Products or Content or fifty dollars ($50), if you have not had any payment obligations to Practical Business Planning, as applicable. The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between Practical Business Planning and you.
Practical Business Planning shall have no liability to the client under these terms if it is prevented from or delayed in performing its obligations under these terms, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of the Supplier or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors, provided that the Customer is notified of such an event and its expected duration.
These Terms and any action related thereto will be governed by the laws of the State of Idaho without regard to its conflict of laws provisions.
Agreement to Arbitrate
You and Practical Business Planning agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services, Products or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide Practical Business Planning with written notice of your desire to do so by email within thirty (30) days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice”).
If you don’t provide Practical Business Planning with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide Practical Business Planning with an Arbitration Opt-out Notice, will be the state and federal courts located in Idaho and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide Practical Business Planning with an Arbitration Opt-out Notice, you acknowledge and agree that you and Practical Business Planning are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Practical Business Planning otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure
Unless you and Practical Business Planning otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $5,000, then the arbitration will be conducted solely on the basis of the documents that you and Practical Business Planning submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $5,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Practical Business Planning will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Practical Business Planning will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding the provisions as regards how we can make changes to this Terms, if Practical Business Planning changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Practical Business Planning’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Practical Business Planning in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms)
Entire Agreement: These Terms constitute the entire and exclusive understanding and agreement between Practical Business Planning and you regarding the Services, Products and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Practical Business Planning and you regarding the Services, Products and Content.
Severability: If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Arbitration” section above or by a court of competent jurisdiction, but only if you timely opt-out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without Practical Business Planning’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Practical Business Planning may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices: Any notices or other communications provided by Practical Business Planning under these Terms, including those regarding modifications to these Terms, will be given: (i) by Practical Business Planning via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
No Waiver: Practical Business Planning’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Practical Business Planning. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms or the Services or Products, please contact Practical Business Planning using the “Contact Me” form on the website.