Fortuna Admissions LLC Admissions Consulting Services Agreement
PLEASE READ CAREFULLY: YOU SHOULD READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THIS ADMISSIONS CONSULTING SERVICES AGREEMENT (THE “AGREEMENT”) IS A LEGALLY BINDING AGREEMENT BETWEEN YOU (THE “CLIENT”) AND FORTUNA ADMISSIONS (“FORTUNA”) GOVERNING YOUR PURCHASE OF CERTAIN ADMISSIONS CONSULTING SERVICES. BY PAYING THE FIRST FORTUNA INVOICE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Fortuna 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 Fortuna website.
(www.fortunaadmissions.com). The Services listed on the website at the time the Client orders the Services shall apply. The Client acknowledges and agrees that he or she is responsible for developing or providing documentation, materials and assistance to Fortuna in relation to the provision of the Services, and the Client agrees to do so in a true, prompt and timely manner.
• The Client shall pay to Fortuna the fees for the Services selected by the Client (” the Fees“) based upon Fortuna’s fee schedule in effect at the time the Services are rendered by Fortuna.
• The Fees are non-refundable, except as provided in Section 8 of this Agreement.
• Fortuna reserves the right to place the project on hold for late payment of Fees. If a project is placed on hold Fortuna will not perform any further work on the project until Fortuna has received full payment from Client of all amounts due to Fortuna.
• The Fortuna pricelist is available at http://fortunaadmissions.com/Services
The Fortuna Expert Coach 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 2 business days maximum, based on the location of the Expert Coach. We endeavor to respond to brief correspondence (those without attachments for review) within one business day.
• Expert Coach availability/response outside of these parameters cannot be guaranteed and should be agreed to 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 Fortuna Expert Coach will not:
• Write, draft, compose, or complete essays or additional presentation materials for the application.
• Guarantee chances of admission to any undergraduate, graduate or professional school or program.
• Be held responsible for an on- time submission of the application at deadline.
• Interact with anyone representing the interests of the Client other than the Client himself/herself.
The Client will:
• Be responsible for adhering to the timeline agreed upon with the Expert Coach 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. Fortuna 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 January 31 through January 1. The office also closes on all major US 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 Fortuna 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. FORTUNA 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, FORTUNA 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 FORTUNA SHALL NOT IN ANY WAY BE LIABLE FOR THE CLIENT’S FAILURE TO ACHIEVE ADMISSION TO ANY UNDERGRADUATE, GRADUATE, OR PROFESSIONAL PROGRAM OR SCHOOL. THE CLIENT FURTHER AGREES TO INDEMNIFY, DEFEND AND HOLD FORTUNA 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, FORTUNA 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 FORTUNA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLY FORESEEABLE. THE LIABILITY OF FORTUNA, 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 FORTUNA FOR THE SERVICES PURCHASED BY THE CLIENT.
Fortuna shall not provide any of the Client’s confidential information to any third party, or inform any third party that Client is a client of Fortuna, in either event other than as requested by the Client or as required by law.
Fortuna 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 Fortuna 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 Fortuna in its sole but reasonable discretion. If Fortuna is in breach of its obligations under this Agreement, Client may send notice of such breach to Fortuna. If Fortuna 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 Fortuna 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 Fortuna.
(f) Fortuna 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 Fortuna.
(g) The parties agree that the courts of Hall County, Georgia or the federal court of the Northern District of Georgia, Gainesville Division shall have exclusive jurisdiction of any case or controversy arising under or in connection with this Agreement and shall be a proper forum in which to adjudicate such case or controversy. The parties consent and waive any objection to the jurisdiction or venue of such courts, including without limitation, any objection to venue based on the
ground of forum non conveniens, which it may now or hereafter have to the bringing of any such action or proceeding in such jurisdiction.
(h) In the event of litigation relating to the subject matter of this Agreement, the non-prevailing party shall reimburse the prevailing party for all reasonable legal fees and costs (including, but not limited to, attorney’s fees) incurred by the prevailing party in such litigation.
For Fortuna Admissions For Client ( agreed to upon payment of first invoice)
Co-Founder and Director
November 1 ,2017