These terms and conditions apply to Services provided by Quill Shift LLC (“Quill Shift LLC” or “we” or “us”).
You may contact us at info@quillshift.com.
These terms and conditions are in addition to the Website Privacy Policy and apply to the sale of any Online Course, Digital Download, or Website Template. Please read these terms and conditions carefully before purchasing an Online Course, Digital Download, or Website Template and print off a copy for your records.
For purchases via our website, by clicking on the “Accept” button you agree to the terms of this agreement which will bind you. If you do not agree to these terms and conditions you must cease to continue to purchase any Services from us.
1. Definitions
“Confidential Information” means the information provided by one party to the other in written, graphic, recorded, machine-readable or another form concerning the business, clients, suppliers, finances, and other areas of the other party’s business or products, including, without limitation, the Course Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
“Course Materials” means the information provided by Quill Shift LLC to accompany a course provided as part of the Services in hard copy or electronic form.
“Fees” means the fees paid by you to Quill Shift LLC for the Services.
“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information, and other intellectual property rights (registered or unregistered) throughout the world.
“Online Course” means the delivery by us of an online course pursuant to which you learn course materials remotely.
“Website Template” means the delivery by us of a Divi child theme to which you can upload to WordPress and modify, manipulate, and/or combine with other works and make a derivative work from it.
“Digital Download” means downloadable digital documents, recordings, and streaming digital products for purchase on the website.
“Services” means the provision of the Online Course and/or the Course Materials, Digital Download, or Website Template together with such other services as agreed from time to time and purchased by you through the Website or by telephone.
“End Product” means a final website customized with your content using the Website Template.
“Website” means https://quillshift.com/
“You” means the individual purchasing the Services.
2. The Services
2.1. A description of the Services together with the dates on which the Services will begin are available on our Website. We will provide the Services with reasonable care and skill in accordance with the description set out on the Website.
2.2. We reserve the right to vary or withdraw any of the Services described on the Website without notice.
2.3 We expect you to confirm that the Services you are purchasing will meet your needs. We do not make any guarantee to you that you will obtain a particular result, professional qualification or employment opportunity from your purchase and completion of any of the Services.
3. Ordering Services
3.1. When booking a training or eLearning course we require you to register to create an account and provide us with certain information about yourself. In doing this, you agree to:
- Provide true, accurate, current and complete information about yourself as prompted by the registration form and
- Maintain and promptly update the data we hold by logging into your account and updating via ‘My profile
3.2. Following receipt by us of your order for Services we will contact you via email confirming receipt of your order.
3.3. A legally binding agreement between you and us shall come into existence when we have:
- accepted your offer to purchase Services from us by sending you an email confirming the purchase, and
- received payment of the relevant Fees from you in accordance with clause 5 below.
4. Fees
4.1 The Fees for the Services shall be as set out on the Website
4.2 Early bird discounts may be available on training courses or Website Templates. The discount is not available in conjunction with any other offer and places are subject to availability.
4.3 Fees must be paid at the point of booking via Stripe or Paypal’s secure online payment process. If you have an applicable discount code this must be entered at the time of booking, as the discount cannot be applied retrospectively. Fees must be paid in full or a payment plan set in place prior to you accessing any Online Course, Digital Download, or Website Template.
4.4 We accept AMEX, Mastercard, Discover, and Visa card payments. A receipt will be sent to you by email from us confirming payment. Paypal or Stripe will receive the information needed to verify and authorize your payment card and to process your order and is under strict legal and contractual obligations not to disclose this information to third parties. Please note that if you do not provide accurate details (including the type of card and number) or if your credit card company does not authorize payment, your application will be deemed void. Quill Shift LLC will not accept any liability for costs incurred as a result of applications deemed void in this manner.
4.5. Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account and Quill Shift LLC shall not be responsible for these.
4.6. You shall be responsible for all costs you incur in connection with your access to any Online Course, Digital Download, or Website Template.
5. Access
5.1 After booking an Online Course you will be given access to the Online Course for a period of at least 90 days from the time the Course doors open.
5.2 After payment is completed for the Digital Download or Website Template, you will be given access to the product materials within [48 hours] through a download delivered in your email. You will have lifetime access to the Digital Download or Website Template so long as the product(s) is/are available.
6. Ownership and intellectual property rights
6.1 All learning materials connected to Online Courses, Digital Downloads, or Website Templates, are owned by Quill Shift LLC. All intellectual property rights in all materials available, including the design, graphics and text of all printed materials and the audio of all webinars and podcasts, are owned by Quill Shift LLC. When you are given access to the site, you are granted a non-exclusive, non-transferable, revocable license to use the materials. No content may be copied, reproduced, uploaded, posted, displayed or linked to in any way, in whole or in part, without Quill Shift LLC’s prior permission. Any such use is strictly prohibited and will constitute an infringement of Quill Shift LLC’s intellectual property rights.
6.2 For Website Templates, after purchase, you are granted an ongoing, non-exclusive, worldwide license to make use of the Website Template you have selected. You are licensed to use the Website Template to create one single End Product for yourself or for one client, to which you hold the copyright to. Full license information can be found in the license.txt file within your Website Template .zip.
7. Liability
Quill Shift LLC does not accept responsibility for anyone acting as a result of the information in, or views expressed on, its Online Courses, Digital Downloads, or Website Templates, including training or course materials. Opinions expressed are those of the trainer and not necessarily those of Quill Shift LLC. Participants should take professional advice when dealing with specific situations.
8. Technology
Quill Shift LLC does not warrant that the provision of any content online will always be available or be uninterrupted, timely or error-free, that defects will be corrected or that such content is secure or free from bugs, viruses, errors and omissions.
9. Cancellations, Refunds, and Chargebacks
9.1. Subject to clause 9.2 below, where we have accepted/confirmed the Services being purchased by you and formed a legally binding agreement with you, then you are permitted within 5 working days starting on the day after the date we have concluded our agreement, you can cancel your purchase of the Services. To do so, you must notify Quill Shift LLC via email at info@quillshift.com. You will receive a full refund less an admin fee of 20%. If you cancel your place more than 5 working days after the date, you will not be entitled to a refund.
9.2. Due to the nature of Digital Downloads and Website Templates being immediately accessible upon purchasing, no refunds of any fees or other amounts paid by you in connection with those products will be allowed under any circumstances. If you have purchased an Online Course and have already accessed, downloaded all or part of the Online Course and/or started to use that Online Course then you shall have no right to cancel your order. You agree that under no circumstances whatsoever shall you initiate any chargebacks via your payment provider. You agree that any payments made by you for any of our products are final and may not be charged back. We reserve the right to alter any of our prices from time to time.
9.3 Quill Shift LLC reserves the right to alter or cancel an Online Course up to and including the day of the training course in extreme circumstances. If Quill Shift LLC has to cancel an Online course, the following will apply:
- refunds will be processed within 28 days of receiving your request via bank transfer to the original payer.
10. Confidentiality
10.1. Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions, and shall return it on demand and not retain copies of it.
10.2. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
10.3. This clause shall continue notwithstanding termination of these terms and conditions.
11. Termination
11.1. We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you:
- fail to pay when due your Fees;
- are in breach of these terms and conditions.
12. Assignment
Any Services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person.
We shall be entitled to assign these terms and conditions to any other company without prior notice to you.
13. Entire Agreement
These terms and conditions, together with the Website Privacy Policy, are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us. Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.
14. Force Majeure
Quill Shift LLC shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in the trainer’s family, illness of the trainer, or Government regulation.
15. Data Protection
15.1 The nature of the Services provided by us means that we will obtain, use and disclose (together “Use”) certain information about you (“Data”). This statement sets out the principles governing our Use of Data. By purchasing the Services you agree to this Use.
15.2 When you register with us you will need to provide certain Data such as your contact details and demographic information. We will store this Data and use it to contact you, and provide you with details of the Services you have purchased and otherwise as required during the normal provision of the course.
15.3 We may also use the above Data, and similar Data you provide us in response to surveys, to aggregate user profiles and, unless you click on the relevant button on the Registration Form, provide you with communications. We will not pass any personal data onto anyone outside of Quill Shift LLC.
15.4. Quill Shift LLC endeavors to take all reasonable steps to protect your personal Data including the use of encryption technology, but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting online over the internet and will not hold us responsible for any breach of security.
15.5. If you wish to change or update the data we hold about you, please e-mail info@quillshift.com.
16. Law and Jurisdiction
This Agreement is subject to Wyoming law and the parties submit to the exclusive jurisdiction of the Wyoming courts in connection with any dispute hereunder.