By purchasing and using the products and services of IPO Catalyst, Inc. (herein “IPO DOCS”) you agree to the following Terms of Service:
The following terms apply only to products and services ordered on this website, these terms may or may not apply to contractual agreements made separately in person or electronically:
1. Refund Policy. Due to the downloadable nature of our products WE DO NOT GIVE REFUNDS for any reason. A) For downloadable e-products, including, document templates and other products, once your payment is approved and processed, you have immediate access to the product via our shopping cart system. Payment approval and processing happen fairly quickly, sometimes within a few seconds; however, due to Internet speeds and/or server availability, this process may take up to one hour. If this process takes longer please send us a quick email and we will manually process your order and activate your download. B) For services and tangible products, once your payment is approved and processed we begin setting up your account and/or we order any tangible products required to fulfill your order. Work is deemed to have begun upon the completion of your order and payment.
2. Product. Upon the purchase of a Product you agree to purchase such Product(s) AS-IS and further agree to the provisions herein. Under no circumstance does IPO DOCS Guarantee its Products or the accuracy thereof, nor does IPO DOCS guarantee the success of a project based solely upon the use of its Product(s).
3. Product Licensing. Upon the purchase of a Product IPO DOCS grants client a limited, non-exclusive and non-transferable license to use such Product(s) and permits the following uses:
- You may alter the Product by inserting your particular data to customize such Product; and
- You may use such Product in a Business Plan, Capital Raise, Public Stock Offering, Regulation D Private Placement, Venture Capital presentation or offer, Angel Investor presentation or offer, Crowdfunding Project, Bank Loan Application, or any other use that requires the information contained in the Product.
4. Restrictions. All products are the property of IPO DOCS and may only be used for personal or business use. You may not resell any of our products, change any portion thereof for the purpose of resale, license, give or distribute our products to any third party for any use whatsoever. All products are Copyright © 2002-2018 IPO DOCS and protected under U.S. and International copyright laws. You may not use our product(s) to establish credit worthiness or eligibility for credit, employment or insurance for any individual.
*** Waiver for Attorneys: If you are a licensed attorney you may resell any custom document we create for you, or any template, which you customize for a single client. ***
5. Service. Upon the purchase of a Service IPO DOCS agrees to provide to Client the service(s) ordered and listed in the Clients online account of this website. Such services are hereinafter referred to as “Services.” Client agrees that IPO DOCS shall provide a specific service for delivery via email or other transmission service in a reasonable amount of time. If you cancel the Services prior to the Services being delivered you are waiving your right to the Services and no refund will be given, also see “REFUND POLICY” above; moreover, if you cancel the services after a monthly subscription payment has been made your cancellation will take effect at the end of the current billing period, e.g., if you make a payment on July 1st, and cancel on July 2nd, your service will be cancelled on July 31st.
6. Downloading. Upon purchase all downloadable Products are available for download up to10 download attempts. Further access may be granted on a case-by-case basis. If you cannot download a Product (or Service materials) we reserve the right to deliver the Product or Service via email, U.S. Mail, FedEx, or other similar delivery service, in a reasonable amount of time.
7. Payment for Services. All payments must be made in advance. If your payment is declined your order will not be placed and work product will not be started and/or delivered.
8. Invoicing. IPO DOCS will keep a general account and purchase history of each transaction. YOUR CREDIT CARD STATEMENT WILL SHOW YOUR CHARGE AS “IPO CATALYST, INC.” OR “IPO DOCS.” For all state filings, you may be required to pay a separate filing fee to each state. State filing fees are not considered part of our preparation services. However, IPO DOCS will pay the fee(s), upon your approval, by obtaining and issuing a cashiers check to each state regulator, on your behalf, and will bill you separately for the fees. You will be required to pay, in advance, for the state filing fees prior to IPO DOCS sending the filing paperwork and fees to each state.
9. Term and Termination. The term of this agreement shall be the time period starting from the moment we receive an order until the moment we fill the order. Once your purchase has been made you may not terminate the purchase once the approval has been sent from your credit card company to capture the funds necessary to activate your account. Once your approval is received your account will be created within one (1) Minute and work will have begun on your project.
10. Confidential Information. Each party hereto (“Such Party”) shall hold in trust for the other party hereto (“Such Other Party”), and shall not disclose to any non-party to the Agreement, any confidential information of such Other Party. Confidential information is information, which relates to Such Other Party’s research, development, trade secrets or business affairs, but does not include information, which is generally known to the public. IPO DOCS hereby acknowledges that during the performance of this agreement, IPO DOCS may learn or receive confidential Client information and therefore IPO DOCS hereby confirms that all such information relating to the Client’s business will be kept confidential by IPO DOCS.
11. Independent Contractor. IPO DOCS is an independent contractor and neither IPO DOCS, nor its staff, shall be deemed to be employed by Client. The Client shall not be responsible for withholding taxes with respect to IPO DOCS’s compensation hereunder. IPO DOCS shall have no claim against the Client hereunder or otherwise for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind. IPO DOCS shall not be required to devote IPO DOCS’s full time to the performance of the services required hereunder. During the term of this agreement, IPO DOCS shall devote as much of their productive time, energy and abilities to the performance of their duties hereunder as is necessary to perform the required duties in a timely and productive manner. IPO DOCS is not required to deliver the services during a fixed hourly or daily time and/or if the products are delivered at the Client’s premises.
12. Conflict of interest. It is acknowledged that IPO DOCS has other clients and IPO DOCS offers products and services to the general public. IPO DOCS is expressly free to perform services for, and deliver products to, other parties while delivering services to the Client. IPO DOCS reserves the right to terminate its services hereunder if IPO DOCS is made aware that Client has committed or is committing a crime using the Services of IPO DOCS. Moreover, IPO DOCS may terminate its services if a Conflict of Interest is discovered at any point during the Term herein; moreover, IPO DOCS, at its sole discretion, reserves the right to terminate its services for any conflict, which IPO DOCS deems to be a valid conflict. If IPO DOCS terminates the services herein NO REFUND will be given.
13. Disputes. Any disputes that arise between the parties with respect to the performance of this contract shall be submitted to binding arbitration by the American Arbitration Association, to be determined and resolved by said Association under its rules and procedures in effect at the time of submission and the parties hereby agree to share equally in the costs of said arbitration. The final arbitration decision shall be enforceable through the courts of the State of Texas. In the event that this arbitration provision is held unenforceable by any court of competent jurisdiction, then this contract shall be as binding and enforceable as if this section 13 were not a part hereof.
14. Work Product. IPO DOCS warrants to Client that the Services and/or material therein to be delivered or rendered hereunder, will be of the kind and quality designated. Special requirements for format or standards to be followed shall be requested by client separately.
15. Liability. No work product (services) produced by IPO DOCS, whether written, oral or implied, is, or shall be relied upon as, a promise, warranty or representation. IPO DOCS disclaims responsibility, direct or indirect, express or implied, for the truth, accuracy or completeness of information and work product provided to Client. The Client acknowledges full and complete responsibility for the truth, accuracy and completeness of all information and work product received from IPO DOCS and expressly waives all rights of recourse, if any, against IPO DOCS for Client’s reliance thereon. In no event shall IPO DOCS be liable for any damages, including special or consequential damages, either in contract or tort, whether or not the possibility of such damages has been disclosed to IPO DOCS in advance or could have been reasonably foreseen by IPO DOCS, and in the event this limitation of damages is held unenforceable then the parties agree that by reason of the difficulty in foreseeing possible damages all liability to Client shall be limited to Ten Dollars ($10.00) as liquidated damages and not as a penalty.
16. Applicable Law. IPO DOCS shall comply with all applicable laws in providing Services but shall be held harmless for violation of any governmental procurement regulation to which it may be subject but to which reference is not made herein. IPO DOCS shall not be deemed to have held itself out as a law firm and/or legal advisor and/or a lawyer. IPO DOCS will not offer legal advice or legal services hereunder. Client agrees to seek separate legal counsel for all matters requiring such legal services. This Agreement shall be construed in accordance with the laws of the State of Texas.
17. Modification or Amendment. No amendment, change or modification of this Agreement shall be valid unless in writing signed by the parties hereto.
18. Unenforceability of Provisions. If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect.
19. Assignment. This Agreement may not be assigned by either party without the prior written consent of the other party. Except for the prohibition on assignment contained in the preceding sentence, this Agreement shall be binding upon and inure to the benefits of the heirs, successors and assigns of the parties hereto.
20. Sales Tax. All sales shall have been made in Texas and shall be subject only to Texas sales tax collection.
If you have questions regarding our policies please contact us at (817) 668-6085, We strive to deliver our products and services within a reasonable time schedule.
*IPO Catalyst, Inc. reserves the right to change pricing for our services and/or this statement without notice. Updated 04/10/2018.