MBA BACKSTAGE LTD Mentoring Services Agreement

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THIS MENTORING SERVICES AGREEMENT (THE “AGREEMENT”) IS A LEGALLY BINDING AGREEMENT BETWEEN YOU (THE “CLIENT”) AND MBA BACKSTAGE LTD (A LIMITED LIABILITY COMPANY INCORPORATED UNDER THE LAWS OF ENGLAND AND WAES WITH REGISTER NUMBER 11650108 – “MBA BACKSTAGE”) GOVERNING YOUR PURCHASE OF CERTAIN MENTORING SERVICES. BY PAYING THE MBA BACKSTAGE INVOICE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

1. Services.
a. MBA Backstage shall perform for the Client the Services outlined in detail with the delivery of the Service Packages selected and paid for by the Client (the “Services”) as described on the MBA Backstage website. (www.mbabackstage.com)
b. The Services listed on the website at the time the Client orders the Services shall apply.
c. The Client acknowledges and agrees that he or she is responsible for developing or providing documentation (such as CV, essays, and other relevant application elements), materials (including MBA Backstage forms filled in with relevant Client information around their motivation, personal traits and experience) and assistance to MBA Backstage in relation to the provision of the Services, and the Client agrees to do so in a true, prompt and timely manner.
d. The Client acknowledges that the Services provided by MBA Backstage will be delivered by one or more Mentors at the sole discretion of MBA Backstage. At any time during the provision of the Services, MBA Backstage may change the Mentor or Mentors delivering the Services to the Client.
e. Unless stated otherwise, MBA Backstage provides the Services for one business school application only, the name of which is to be defined by the Client at the commencement of the Service and cannot be changed once the first documents have been submitted
f. Where the Services include the review of a Client’s written work, the relevant Mentor will provide the client with feedback on such work within five full Business Days of following the submission of such work, or within such other time period as may be agreed between the Client and the relevant Mentor. The Client may not submit additional versions of any work prior to receiving feedback on any previously submitted work. The Client may submit updated versions following receipt of feedback from the relevant Mentor.
g. The Client acknowledges that a Mentor may request at their sole discretion that a document is re-submitted in the event that such document does not correlate to a business school confirmed by the Client pursuant to Condition 2.e. Should a Client wish to change a business school for which MBA Backstage is providing its Services in relation to, the Client may only do so if the Client has not previously submitted a document relating to the original business school.
h. Where the Services include scheduling telephone calls, video calls or similar forms of communication, the Client acknowledges that if they miss an Appointment or the Client is more than fifteen minutes late for such Appointment, the Appointment can be re-scheduled for another time provided that such Appointment has not previously been re-scheduled. If the Client misses a re-scheduled Appointment or is more than fifteen minutes late for such re-scheduled Appointment, the rescheduled Appointment will be deemed to have taken place in full.

2. Fees.
The Client shall pay to MBA Backstage the fees for the Services selected by the Client (“the Fees“) at the time of purchase before the Services commence.
• The Fees are non-refundable, except as provided in Section 8 of this Agreement. However, MBA Backstage may consider requests for refunds. Such refunds are at the discretion of MBA Backstage and will include at the minimum a $100 administration fee, plus the cost of any services delivered to the client by MBA Backstage.
Clients who elect to postpone their applications from one round to the next will be charged a $250 administration fee per application, per round in the same admissions season. If the client postpones to a later admissions season, further charges may apply.
3. Obligations.
The MBA Backstage Mentor will:
• Provide high level strategy on the application process and approach. This includes developing a timeline of deliverables, expert feedback on content and presentation, and support on strengthening all elements of application relating to the Services contracted.
• Turn around materials submitted for feedback within 5 business days maximum, based on the location of the Mentor. We endeavour to respond to brief correspondence (those without attachments for review) within 2 business days. Mentor availability/response outside of these parameters cannot be guaranteed and should be requested in advance.
• Complete one final review of the contracted materials in the context of comprehensive package or premium package after the Client has themselves edited for grammar and typographical errors.
The MBA Backstage Mentor will not:
• Write, draft, compose, or complete essays, letters of recommendation or additional presentation materials for the application.
• Guarantee chances of admission to any graduate or professional school or program.
• Be held responsible for an on-time submission of the application at deadline. Comment on substantial edits to materials made 48 hours before deadline.( ie: new versions of essays)
• Interact with anyone representing the interests of the Client other than the Client himself/herself. The Mentor will therefore not comment on any substantial edits to materials made by anyone other than the client.
The Client will:
• Be responsible for adhering to the timeline agreed upon with the Mentor and in good faith meet the milestones agreed upon during the initial strategy discussion.
• Be responsible for the accuracy of all data and content included in the application package.
• Be responsible for the final version of the application and all related materials. It is the Client’s responsibility to ensure that it is factually accurate, and free of grammatical and typographical errors.
• Confirm for himself/herself all deadlines and requirements on the school website. MBA Backstage makes every effort to ensure that information provided to the Client regarding application requirements, deadlines, essay topics and recommendation guidelines are accurate, but Client acknowledges that this information is subject to change and must be verified by Client.
4. Office Closures: The office will be closed from noon on December 24 through December 25, and from noon on December 31 through January 1. The office also closes on all major UK holidays.
5. Client Representations and Warranties.
The Client represents that he or she is an applicant in good faith for admission to an MBA program and is using the Services solely for such purpose. The Client represents and warrants that all work product submitted to MBA Backstage will be his or her own original work product and not the work product of any other person, and that such work product will not violate the rights of any third party. The Client represents that all biographical information and information relating to his/her academic and employment history is accurate and true.
6. Disclaimer of Warranties; Limitation of Liability.
THE SERVICES ARE PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND. MBA BACKSTAGE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN PARTICULAR, BUT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MBA BACKSTAGE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO (A) THE LIKELIHOOD OF THE CLIENT’S SUCCESS IN OBTAINING ADMISSION TO AN PROGRAM, (B) WHETHER THE SERVICES WILL ENHANCE OR DETRACT FROM THE STRENGTH OF THE CLIENT’S APPLICATION, OR (C) ANY GUARANTEE THAT THE CLIENT WILL OBTAIN ADMISSION TO ANY PROGRAM.
THE CLIENT AGREES THAT MBA BACKSTAGE SHALL NOT IN ANY WAY BE LIABLE FOR THE CLIENT’S FAILURE TO ACHIEVE ADMISSION TO ANY GRADUATE, OR PROFESSIONAL PROGRAM OR SCHOOL. THE CLIENT FURTHER AGREES TO INDEMNIFY, DEFEND AND HOLD MBA BACKSTAGE HARMLESS FROM AND AGAINST ANY LOSSES, CLAIMS, DAMAGES, LIABILITIES, COSTS AND EXPENSES, INCLUDING REASONABLE LEGAL FEES AND DISBURSEMENTS, STEMMING FROM THIRD PARTY CLAIMS ARISING OUT OF OR RESULTING FROM THE CLIENT’S ACTS OR OMISSIONS IN CONNECTION WITH THIS AGREEMENT, THE DELIVERY OF THE SERVICES, OR THE ADMISSIONS PROCESS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, MBA BACKSTAGE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY OF THE SERVICES EVEN IF MBA BACKSTAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLY FORESEEABLE. THE LIABILITY OF MBA BACKSTAGE, WHETHER FOR NEGLIGENCE, BREACH OF CONTRACT, BREACH OF WARRANTY, OR OTHERWISE, SHALL IN THE AGGREGATE UNDER THIS AGREEMENT, NOT EXCEED THE AMOUNTS PAID BY THE CLIENT TO MBA BACKSTAGE FOR THE SERVICES PURCHASED BY THE CLIENT. MBA BACKTAGE DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MENTORS OR OTHERWISE INQUIRE INTO THEIR BACKGROUND. MBA BACKSTAGE MAKES NO REPRESENTATION OF WARRANTIES AS TO THE BACKGROUND OF ITS MENTORS.
7. Confidentiality.
(a) MBA Backstage agrees to keep all confidential information provided to it by the Client confidential except that MBA Backstage may share such information (i) with its representatives or its Mentors, (ii) if required by law or (iii) with any third party with the prior consent of the Client.
(b) The Client undertakes that they shall not at any time without the prior written consent of MBA Backstage disclose to any person any Confidential Information concerning the Service or the business, affairs or Mentors of MBA Backstage. The Client may only use Confidential Information for personal education and training purposes.
8. Termination.
MBA Backstage reserves the right to terminate the provision of the Services at any time and for any reason upon written notice to the Client. In the event that MBA Backstage terminates the provision of the Services, the Client’s sole and exclusive remedy shall be a refund of a pro-rata portion of fees paid based on the portion of the application timeline that has passed as of the date of the termination for the Services as determined by MBA Backstage in its sole but reasonable discretion. If MBA Backstage is in breach of its obligations under this Agreement, Client may send notice of such breach to MBA Backstage. If MBA Backstage fails to cure such breach within ten (10) business days after receipt of the notice, Client may terminate the Agreement. In the event of such termination, Client’s sole and exclusive remedy shall be a refund of a pro-rata portion of fees paid based on the portion of the application timeline that has passed as of the date of the termination for the Services as determined by MBA Backstage in its sole but reasonable discretion.
9. General Provisions.
(a) This Agreement constitutes the entire agreement between the parties, merges all prior and contemporaneous communications and supersedes any prior written agreement with respect to the subject matter hereof.
(b) This Agreement shall not be modified except by later written agreement signed by both parties.
(c) If any provision of this Agreement proves to be or becomes invalid or unenforceable under any applicable law, then such provision shall be deemed modified to the extent necessary in order to render such provision valid and enforceable; if such provision may not be so saved, it shall be severed and the remainder of this Agreement shall remain in full force and effect.
(d) The headings of sections and paragraphs herein are included for convenience of reference only and shall not control the meaning or interpretation of any of the provisions of this Agreement.
(e) The rights and obligations of the Client hereunder are not assignable without the prior written consent of MBA Backstage.
(f) MBA Backstage shall not be liable for any delay in or impairment of performance resulting in whole or in part from fire, floods, or other catastrophes, acts of God, strikes, lockouts or labor disruption, wars, riots or embargo delays, government allocations or priorities, raw material market conditions, shortages of transportation equipment, fuel, labor or materials, inability to procure supplies or raw materials, severe weather conditions, acts of terrorism, or any other circumstance or cause beyond the reasonable control of MBA Backstage.
(g) The parties agree that these Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it shall be governed and construed in accordance with the law of England and Wales.

For MBA BACKSTAGE For Client (agreed to upon payment of invoice)
Updated December 13, 2018