Student Enrollment Agreement Terms and Conditions

Payment:

You agree to pay in full by credit card/debit or other payment acceptable to TPR, for your purchases of TPR products. For admission counseling services, you must pay upfront at the time of enrollment (unless a payment plan is agreed to before enrollment, in which case payments are due in accordance with such plan).

Student Cancellations and Refunds:

TPR Acknowledgements and Responsibilities:

• TPR shall use commercially reasonable efforts to advise the Client, as a consultant, with respect to all materials that Client will submit to TPR for review, including any written materials that will be a part of any application for admission to one academic institution (the “Application Materials”).
• TPR shall use reasonable efforts to provide its comments, whether by e-mail, Skype, phone, etc., to any drafts of the Application Materials within a reasonable amount of time after receiving such drafts, not to exceed 3 business days.
• TPR shall, at all times, treat Client with respect and shall work with Client in a professional manner.

Client Acknowledgements and Responsibilities:

• Client agrees that TPR is under no obligation to write any of the Application Materials.
• Client shall respond to all TPR comments with revised drafts within 72 hours of receiving such comments.
• Client agrees to commence work within 60 days of receiving the Confirmation E-mail unless a timetable has been specifically customized and agreed upon (in writing, including e-mail correspondence) prior to the purchase. 60 days after a purchase has been completed, if no custom timetables have been agreed to in writing by both parties, and Client fails to respond to TPR’s outreach efforts (by phone, email, etc.), TPR’s obligations to Client shall cease.
• If the Client fails to respond to TPR’s outreach efforts (by phone, email, etc.) for a period of 180 days,TPR’s obligations to Client shall cease.
• Under these terms and conditions,TPR Client grants TPR a perpetual license to use prior and final versions of Client’s Application Materials, in TPR’s marketing materials, which shall includeTPR’s website. Client shall indicate to TPR in writing any information in the Application Materials that Client would like TPR to maintain as confidential in TPR’s marketing materials.
• Client represents and warrants that the Client has not plagiarized or inappropriately used or obtained any materials or information, including the Application Materials, provided to TPR and further represents and warrants that the Client has any and all rights necessary to use and edit materials or information, including the Application Materials, provided to TPR. Breach of this representation and warranty may result in an automatic termination of any relationship between TPR and the Client.
• Client represents and warrants that all information that has been provided to TPR is accurate to the best of Client’s knowledge.
• Client represents that he or she is not a minor and has reached the age of majority in Client’s jurisdiction. In the event that Application Materials are being submitted to TPR on behalf of a minor, it is understood and acknowledged that Client is the person who has custody of the minor and is responsible for the well-being of the minor and that Client, not the minor, will be submitting payment and engaging the services of TPR.
• To the extent such costs exist, Client agrees to incur the costs of any long distance telephone calls by calling TPR or its representatives for any scheduled telephone meetings. Similarly, client agrees to incur costs of wire transmittals, and any other transactional costs associated with the purchasing of TPR services along with full or partial refunds.
• Client shall use best efforts to disclose its dissatisfaction, if any, with TPR’s services to TPR’s representatives and to allow for a reasonable cure period prior to disclosing Client’s relationship with TPR to any third party.
• Client acknowledges that as a client, we will occasionally send newsletters via e-mail announcing special offers, news bulletins, and so forth. Client always reserves the right to unsubscribe from this mailing list at any time.

Rush Service:

• TPR shall use all reasonable efforts to return work to the Client in 24 hours or less. If TPR fails to return work to Client within 24 hours as promised, Client is entitled to a refund in the amount of the specific charge related to the late Rush Service package.
• If Client does not sign up for Rush Service and will not be able to complete a package due to time constraints, TPR has no responsibilities beyond the Company’s standard 72-hour turnaround.

Deferring Packages:

• If Client begins his purchased service with his/her consultant, then chooses to defer services to a later date, additional charges may be incurred for any work that must be updated or re-done, at TPR’s standard rate of $350 per hour.

Grounds for Termination of Relationship:

• TPR may terminate its relationship with Client for any material breach of these terms and conditions at its sole discretion, at any time, provided that a material breach has occurred.

Disclaimer; Limitation of Liability:

TPR will not be liable to you or to any other person for any indirect, consequential, punitive or special damages, of any character, whether in an action in contract, tort or otherwise, arising out of or in connection with your TPR program, even if TPR has been advised of the possibility of such damages. Other than the guarantee set forth below, TPR disclaims all warranties and conditions, express, implied, statutory or otherwise, including, but not limited to, implied warranties and conditions of merchantability and fitness for a particular purpose. TPR's total aggregate liability arising from or related to your TPR program will not exceed the amount you paid for your program.

In particular, but without limiting the generality of the foregoing, in relation to admissions counseling services, TPR makes no representations or warranties with respect to (a) the likelihood of success in obtaining admission to an program, (b) whether the services will enhance or detract from the strength of a client's application, or (c) any guarantee that a client will obtain admission to any program. TPR shall not in any way be liable for a client's failure to achieve admission to any program.

Governing Law:

This Enrollment Agreement and any claim or dispute arising out of, relating to or in connection with this Enrollment Agreement or the transactions contemplated hereby, whether in contract, tort or otherwise, shall be governed by and construed in accordance with the laws of the State of New York without giving effect to its conflicts of law principles. The exclusive means of resolving any such claim or dispute shall be binding arbitration administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.