STANDARD TERMS AND CONDITIONS
- The terms and conditions apply to all our clients except if both parties signed a specific win win agreement.
- All sales are final. No refunds or credits apply.
- Any Country specific Tax, Surcharge or any other deduction in the name of Withholding Tax has to be borne by Client
- The client explicitly waives its own standard terms and conditions, even if these were drawn up after these standard terms and conditions of sale. In order to be valid, any derogation must be expressly agreed to in advance in writing.
- Our invoices are payable within 7 working days, unless another payment time-frame is indicated on either the invoice or the order. In the event of non-payment by the due date, the company reserves the right to request a fixed interest payment amounting to 10% of the sum remaining due. The company will be authorized to suspend any provision of services without prior warning in the event of late payment.
- If a payment is still outstanding more than sixty (30) days after the due payment date, the company reserves the right to call on the services of a debt recovery company. All legal expenses will be payable by the client.
- Certain countries apply withholding at source on the amount of invoices, in accordance with their internal legislation. Any withholding at source will be paid by the client to the tax authorities. Under no circumstances can the company become involved in costs related to a country's legislation. The amount of the invoice will therefore be due to the company in its entirety and does not include any costs relating to the legislation of the country in which the client is located.
- The company undertakes to do its best to supply performant services in due time in accordance with the agreed timeframes. However, none of its obligations can be considered as being an obligation to achieve results. The company cannot under any circumstances, be required by the client to appear as a third party in the context of any claim for damages filed against the client by an end consumer.
- In order for it to be admissible, the company must be notified of any claim by means of a letter sent by recorded delivery to its registered office within 8 days of the delivery of the goods or the provision of the services.
- All our contractual relations will be governed exclusively by Cyprus law.
WIN WIN Agreement
This agreement shall be done between:
• First Party: EXPAND STRATEGIES LTD – Represented by Mr. Jade W. Dagher - a certified management consultant
• Second Party: the client
1.1 First Party is a management consulting firm with the main role of:
1.1.1. Business assessment
1.1.2. Strategic planning
1.1.2. Implementation support
1.1.3. Management, audit and follow up
1.1.4. Virtual support
1.1.5. Analysis and recommendations will be provided to keep adapting to the new changes and improve the productivity and the profitability of the business.
1.2 Second Party is an individual(s) or company aiming to expand their business idea to the next level.
In case Second Party decides to implement the strategy with First Party, Second Party’s role would be to:
1.2.1 Ensure the availability of the staff to implement the needed consultancy and to cooperate in implementing the needed strategy to expand the business.
1.2.2. Make sure that the data needed is available through reports, agreement samples or other required tools and materials.
1.2.3. Commit to all the scope of work and the forecasted budget to have a successful project.
1.2.4. Facilitate the decision making process to ensure a faster process.
2 General Terms
2.1 Both parties shall maintain confidentiality of information concerning or relating to this Agreement whether business, strategic, financial, pricing, technical, trade secrets or other proprietary information in any form.
2.2 Sessions are to be scheduled ahead of time.
2.3 Canceling a session must happen at least 72 hours ahead of time otherwise it will be counted as a completed session.
2.4 To ensure healthy communication and to better serve you we recommend that any job request should be sent by email (or sign order form) with full instructions and cc to firstname.lastname@example.org to keep track of all communications.
2.5 For retainer clients: The invoice will be sent by first party in the first of each month. Second party must close the balance between the 1st and the 5th of each month.
Clients who start in the middle of the month will pay on pro-rata basis.
Extra works to be approved by Second Party and added to the following invoice.
For non retainer clients, an email confirmation about the order will be sent and fees to be deducted from the prepaid bundles.
2.6 First Party will not refund any payment received from Second Party for whatever reason. Second Party shall be responsible for all fees and charges indicated in the payment schedule including, without limitation, any amendments and/or cancellation charges.
2.7 Pre-paid bundles will not expire, but will be spent at the rates set by First Party during the date of the implementation.
2.8 Any queries related to the invoice are to be submitted to First Party by Second Party within 7 days from receiving the invoice; otherwise, said invoices will be considered as correct and final.
2.9 Second Party can’t employ or deal directly with any of First Party’s team.
2.10 Force majeure: In the event that First Party hereto is delayed or hindered in the performance of any act required herein by reason of strike, inability to procure materials, failure of power, restrictive governmental law or regulations, riots, insurrection, war, acts of nature or other reasons of a like nature not the fault of such party, then performance of such act shall be excused for the period of the delay and the period of performance of any such act shall be extended for a period equivalent to the period of such delay, up to a maximum of 6 months. The occurrence of any of the foregoing shall be an “Event of Force Majeure”. Payments will be delayed accordingly.
2.11 First Party will not participate or testify with or against Second Party and/or its employees concerning any legal aspect. This also applies to employees recruited by First Party (if any).
2.12 First Party’s role is to ensure growth of the company and thus will not be engaged in termination of Second Party’s employees.
2.13 First Party will do its best effort to ensure good quality of any task done, yet held no responsibility of any potential damage caused to Second Party’s clients, results or team members. Any task done will be based on Second Party’s instructions and Second Party cannot at any point in time hold First Party liable of any changes in technology or third party platforms.
2.14 This Agreement shall become effective upon its signature by both parties and shall stand terminated once the services are received by Second Party and all payments have been settled, unless extended by a mutual written agreement.
3 Retainer terms
3.1 When applicable, retainer fees do not accumulate for the following months in case not used.
3.2 Discounts are applicable in case:
- Domiciliation of account: 2.5% discount
- 3 months paid in advance: 5% discount
- 6 months contract: 5% discount
- 1 year contract: 10% discount
- 2 years contract: 15% discount
- 3 years contract: 20% discount
- 5 years contract: 25% discount
3.3 If the agreement was stopped before the term of the agreement, then the difference of the discount applied will be invoiced separately.
3.4 Notice period to stop the agreement is 3 months above the 1 year contracts and 1 month for less than 1 year contracts
4 Assessment & Planning terms
4.1 First Party holds no responsibility of the correctness of the data collected from Second Party or from the market research (if any) even after the termination of this agreement. All the information used by First Party is based on Second Party’s observations and opinions generated during the brainstorming sessions and based on the research done.
4.2 The assessment could cover one or more of the following: team assessment for productivity and training needs, financial assessment, SWOT analysis, products analysis (BCG matrix), PESTEL analysis, competition analysis, digital presence, workflow assessment, culture assessment, location assessment, human development gaps, wheel of business, sales & marketing fitness, market trends, customer opinion/complaints/mystery shopping, etc. First Party will decide which assessment types are fit for the Second Party based on the industry, the business size and the availability of data.
4.3 The assessment results will be analyzed based on the compiled data through graphical reports and qualitative compilation of the information whether received from the Second Party's management, team members, online public data, interviews done or observations noticed by the First Party's team of experts. Most commonly the data will be presented anonymously to protect the candidates' privacy and freedom to express their opinion and feedback openly for the sake of improving the Second Party's overall wellness of the business. In no circumstance can Second Party force the First Party to disclose confidential information related to "who filled what".
4.4 It is important to note that the First Party's aim is to always expand the business, and thus, there will often be efforts to improve the people, the process and the profitability. In other words, Second Party can no circumstance use First Party as a justification to fire people under the excuse that was the First Party's recommendation. First Party reserves the right to disclose this disclaimer in all possible opportunities to make sure that no manipulation is happening in this regard and also may intervene in an official or even unofficial exist interview or investigation to guarantee that every terminated employee was not manipulated under the impression that First Party made this termination recommendation.
4.5 The business assessment is an integral part of the process, leading to know which business plan is needed for the operation. Failing to do the right assessment may lead to a wrong strategy/business plan.
4.6 The business assessment must be done with full transparency and clarity of all the needed info, documentation, reports, interviews and good faith to ensure a healthy overview and diagnosis of the current business situation.
4.7 The business planning will always be based on Second Party’s vision, opinions and facts. First Party does not “create” business plans; First Party’s job is to assess the business based on its experience, translate all generated ideas and recommendations into tangible action/business plan.
4.8 First Party will work with its best efforts to provide the best quality product and guarantees to make the best possible input based on the data/information received. Any internal mistakes (if any) will be First Party’s obligation to correct.
4.9 First Party will present the business plan in one hard copy and/or encrypted PDF. Word document could be provided on case by case basis. Excel files and formulas won’t be shared and our company branding will always be included in the documents. Summary PowerPoint presentation could be provided for an extra charge.
4.10 Within the same year, the plan could be upgraded to a more detailed version (operational or advanced) by only paying the difference in fees and related time difference. On consecutive years, the decision will be evaluated on case by case method.
5 Training terms
5.1 Participants are required to arrive on time and leave on time in order to benefit from the program and to reduce the interruptions in the training area.
5.2 Participants are expected to actively engage in the workshop by preparing for each session, reading the material, doing the assignments, participating in the games and always showing discipline, attention and active listening. Phones, personal chatting and other interruptions and not welcome in the classroom to always preserve a healthy learning environment.
5.3 A certificate of attendance will be issued if all sessions are attended and if the participation is judged to be positive by the trainer and the management.
5.4 Optional: After completion of each topic, participants are required to submit a plan based on the information covered in the workshop and with the help of the tools that will be provided. Only after presenting a successful plan that participants will be eligible to have the certificate of achievement. This option is charged separately.
5.5 Participants are requested to fill an evaluation form after the completion of the workshop. First Party counts on the objective feedback of the participants to ensure a constant improvement of the programs.
5.6 The training manuals will be printed for the exact number of participants. No soft copies will be provided.
5.7 After receiving the material, any amendments will be charged separately. Amendments must be requested by email at least 3 working days ahead of time to make sure we have enough time to give you quality work.
5.8 Manuals, material and videos provided by us are sole property of First Party. They can be used by Second Party for personal needs but they can’t be copied or reproduced, partially or in whole. They can’t even be used by any other company/project. Each employee/attendee must sign an agreement in this regard.
5.9 In case any trainer is subcontracted by First Party, a written approval is needed from Second Party. Second Party must keep the communication with Mr. Jade W. Dagher email@example.com or the coordinator firstname.lastname@example.org and not contact any expert or trainer directly. This will help us centralize the coordination to ensure a better job and avoid any miscommunication.
5.10 Second Party can’t deal directly with First Party’s trainers/experts during the tenure of this agreement and for a period of 2 years afterwards.
5.11 First Party will work in its best efforts to provide the best training and development approaches, tools and techniques. Yet, First Party does not guarantee that results will improve. This will depend on the application by each person on behalf of Second Party.
5.12 Training manuals are to be charged separately.
5.13 Location, Food and beverage are not included in the standard proposed rates. They will be handled by Second Party (if sessions are done outside Second Party’s premises)
6 Support terms
6.1 First Party will follow up on the training provided and the business plan recommendations and report any behaviors or mistakes as spotted in the follow up sessions. However, First Party can’t be liable for the decisions taken by the management of Second Party such as termination, penalties or other decisions harming the Second Party’s relationship with its employees.
6.2 Any tools, agreements, templates generated by First Party must be double checked by Second Party or its professionals, such as lawyer, designer, financial, etc. First Party accepts no liability for the use or misuse of any related document or tool. Such tools and templates can’t be resold or reproduced, partially or in whole.
6.3 Virtual support: via phone, emails and WhatsApp will be available as per the proposal packages. This will help to get a second opinion about any business related issues like designs, emails, problems, special cases, etc. Maximum 15 min per each support will be provided. Cases needing more time will need to be booked as regular sessions or deducted from the booked sessions.
6.4 When applicable, logistics needed for the coordinator
• Desk during the presence
• Laptop during the presence
• Landline + dedicated mobile phone + Whatsapp
• Dedicated email address at the client’s domain for official email communication.
• Subscription and access on online ERP system (Company’s ERP or Odoo) for the coordinator and the admin staff of the company.
7 Financial terms
7.1 All fees exclude VAT. Fees exclude ticket and accommodation when applicable.
7.2 Our fees exclude third party’s fees as: social media boosting (Facebook, LinkedIn, Instagram..., Odoo subscription, email subscriptions, zoom, etc.
7.3 Payments to be done in advance.
7.4 First Party reserves the right to increase the rate by giving a notice in advance.
This Agreement shall be governed and construed by the laws of Cyprus