The following pages outline the general terms and conditions for Client usage of Friedman Learning’s LMS (licensed from Moodle LMS), hosted by The Friedman Learning Group., LLC The Client will be provided with a separate Client Portal Agreement/Order Form requiring a Client signature that will indicate your agreement to the terms and conditions contained herein.
1. SET-UP AND ADMINISTRATION LEVELS
- Client has 24/7 access to The Friedman Learning Group LMS, including:
- Full and unlimited use of Client’s data, courses, quizzes, and reports.
- All updates, upgrades and enhancements to the Friedman Learning (friedmanu.com) LMS.
- Service is available when connectivity is available through established telecommunication providers. Service is subject to interruption when telecommunication service is subject to transmission limitation and/or interruptions including access to the public Internet. Subject to telecommunication availability, Friedman Learning guarantees 95% availability of data and pplication hosting services.
- Friedman Learning reserves the right to occasionally take the service offline to publish software updates or to perform hardware maintenance. It is our practice to schedule such maintenance periods to occur outside of business hours and to limit their uration to 1 hour depending on the extend of the update. In the event that a maintenance period will occur during business hours and for more than 1 hour, or will result in a significant change to the user experience and navigation while using the service,
Friedman Learning will notify the Client 3 business days in advance of the anticipated interruption and the nature of the changes, if any, that the users can expect to see as a result of the change. Otherwise, no advance notice will be given.
- Daily full back-up of entire system and contents.
1.2. USER and ADMIN TECHNICAL SUPPORT
- Client System Administrators designated by the Client will address daily usage issues such as forgotten passwords or usernames, questions regarding which courses a user is to complete, etc.
- Client has access to basic application technical support provided in the English & Spanish language and includes software error classification, troubleshooting, error correction and bug fixes. Submit support request email messages to [email protected] Support inquiries will receive a response within 1 business day, Monday through Friday. Inquiries received after 12:00 pm EST on Fridays may not receive a response until the following Monday.
- Client may request technical support after initial set-up to train, alter or delete data for additional fees billed at a rate of $75.00/hour. This rate does not apply to actual content development.
- Extraordinary Support: Any admin support that is not technical in nature, but requiring additional training may be subject to a fee of $75.00/hour.
- Limitations: The Friedman Learning Group does not provide technical support for third-party applications. Any technical support for integration issues with third-party applications and/or external data sources may be subject to a fee of $175.00/hour.
2. FEES AND PAYMENT FOR SOFTWARE
2.1. SUBSCRIPTION AND RENEWAL
The Client shall promptly pay all fees specified in the Client Portal Agreement / Order Form. Except as otherwise specified herein or in a Client Portal Agreement / Order Form:
- fees are quoted and payable in United States dollars;
- initial set-up fee is due upon receipt of signed Client Portal Agreement / Order Form by check, credit card or wire;
- client authorizes payment of all additional services, i.e., uploading content, additional training, etc., to credit card on file;
2.2. OVERDUE CHARGES
If any charges are not received from the Client by the due date, and unless otherwise provided in the Order Form, then at Friedman Learning’s discretion:
- such charges may accrue late interest at the rate of 1.5% of the outstanding balance per month, from the date such payment was due until the date paid.
- If charges are 60 or more days overdue, Friedman Learning reserves the right to disable the Client account to prevent further use until all outstanding payments have been received.
- Accounts with outstanding balances over 90 days in arrears are subject to deletion of user profiles and all associated data, and may be referred for legal collection action.
Unless otherwise stated in writing, Friedman Learning’s fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collectively referred to as “Taxes”). The Client shall be responsible for paying all Taxes associated with its purchases hereunder. If Friedman Learning has the legal obligation to pay or collect Taxes for which the Client is responsible under this paragraph, the appropriate amount shall be invoiced to and paid by the Client.
3.4. REFUND OR PAYMENT UPON TERMINATION
YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. SEE THE NOTICE OF CANCELLATION FORM BELOW FOR AN EXPLANATION OF THIS RIGHT.
Membership cancellations received after the 3-day period will not qualify for a refund.
Cancellations will be accepted via phone or e-mail and must be received by the stated cancellation deadline. Cancellations received after the stated deadline will not be eligible for a refund. All refund requests must be made by the primary contact or credit card holder. Refund requests must include the name of the card holder, and/or transaction number. Refunds will be credited back to the original credit card used for payment.
Upon request by the Client made within thirty (3) days after the effective date of termination of this Agreement, Friedman Learning shall delete all Client Data in Friedman Learning’s LMS or otherwise in its possession or under its control. All termination request must be in writing and sent to [email protected].
3.5. NOTICE OF CANCELATION FORM
YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN THREE (3) DAYS FROM THE DATE OF PURCHASE. IF YOU CANCEL, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT OR SALE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL BE RETURNED WITHIN TEN (10) BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELLED.
TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, OR SEND A TELEGRAM, TO: The Friedman Learning Group, LLC.
7220 Trade Street, Suite 207F, San Diego, CA, 92121 NOT LATER THAN MIDNIGHT OF THE THIRD BUSINESS AFTER THIS AGREEMENT WAS SIGNED BY YOU.
2.6. DURATION OF AGREEMENT
Once confirmed, we will provide you access to the purchased Service. You agree and understand that access to the Service may at times be influenced and affected by third parties that we use to provide the Service (web hosting, membership site plugins, etc.). You agree and understand that no breach of contract action may be initiated against The Friedman Learning Group, LLC when there are reasonable delays in the access of the Service.
The Friedman Learning Group, LLC reserves the right to terminate the Service, and or access to certain features of the Service, with or without prior notice to you. We will make reasonable efforts to provide notice but is not required to do so under the terms of this agreement.
Lifetime Access is for the lifetime of the Service. If for any reason, The Friedman Learning Group, LLC should dissolve or cease to exist, then your access to the Service terminates.
If you are paying on a payment plan, failure to make your scheduled payments will result in access to the Service being stopped.
For annual subscriptions you will receive 365 days access. You may cancel the automatic renewal of your annual subscription at any time and your access to the Site will end at the end of the current contracted term.
3.1. AUTHORIZED USAGE
- The Client acknowledges that it has been advised that any software, related documentation, or service delivery methods deployed or developed contain valuable trade secrets or proprietary information and products. The Client agrees to preserve the confidential nature of the software by retaining and using the software in trust and confidence, solely for its own use and not permitting the use of the software or disclosure of information relating to the software to unauthorized persons.
- Friedman Learning reserves the right to interrupt or restrict service without notice to Client if Friedman Learning suspects fraudulent activity by the Client. The Client agrees to reasonably cooperate with Friedman Learning in any fraud investigation and to use any fraud prevention measures Friedman Learning prescribes within reason.
3.2. PROPRIETARY DATA
- It is agreed that all information furnished to or utilized by the parties shall be regarded as confidential. Such items shall remain the sole property of the original owner and shall be held in confidence and safekeeping by both parties. Friedman Learning and the Client each agree not to disclose the information of the other party to any third party and will take appropriate precautions to limit use or disclosure to those personnel in its organization who are directly concerned with performance of this Agreement.
- Friedman Learning shall maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Client data. Friedman Learning shall not modify Client data except as expressly permitted in writing by the Client.
- Friedman Learning shall not access Client data except to provide the software or prevent or address service or technical problems, or at the Client’s request in connection with customer support matters.
- Client may not remove, transfer or edit any proprietary information or course of the Friedman Learning Group. Access to specific Friedman Group proprietary information is only allowable while stored upon a Private or Custom Portal in exchange for the monthly fees charged. Proprietary information may be purchased for installation on an alternate LMS acquired by the Client for a fee (quoted upon request).
5. GENERAL TERMS
5.1. CONTACT INFORMATION
All notices which may be given under this Agreement shall be delivered in person, by email, courier, or sent by regular mail addressed:
To The Friedman Learning Group, LLC:
Address: 3131 Camino Del Rio N Suite 1010, San Diego, CA 92108
Email: [email protected]
Attention: Justin Kurn
This agreement, including all exhibits and addenda hereto, in combination with all Agreement/Order Forms, constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and either signed or accepted electronically by the party against whom the modification, amendment or waiver is to be asserted. However, to the extent of any conflict or inconsistency between the provisions in the body of this Agreement and any exhibit or addendum hereto, and any Agreement/Order Form, the terms of such Agreement/Order Form shall prevail. The signature of the Client representative on the accompanying Agreement/Order Form serves as execution of the terms and conditions set forth in this document.
The Friedman Learning Group, LLC · 3131 Camino Del Rio N Suite 1010, San Diego, CA 92108
(858) 832-1107 · Email: [email protected]