break the rules day terms & conditions

TERMS OF PARTICIPATION
Please READ carefully. By purchasing and registering for this service, the following Terms and Conditions (the “Terms”) are entered into by Unconventional MKTG & Co. LLC (“Company”, “we”, or “us”) and You (“Client” or “You”), and You agree to the following terms stated herein. The Company and You may be referred to individually as a “Party” and collectively as the “Parties” in these Terms.

PROGRAM
Company agrees to provide the program titles, “Break The Rules Day” or “Website In a Day” (herein referred to as the “Program”) as outlined on the web page where You register, which includes:
A 1-hour brand strategy call if deemed necessary
A 30-minute website strategy call
A provided brand colors palette, consisting of 4-6 colors, 2-3 fonts, and a brand vision.
Customized desktop and mobile versions of your customized website template, including complete mobile + desktop optimization of the Home Page, About Me Page, Services Page and Contact Page.
Access to instructional videos to help aid and guide you through maintaining your website template.


FEES AND PAYMENT METHOD
You may choose between the following payment options:
A single payment of $5,000.00, due immediately and payable in full at the time of purchase.
Two equal monthly payments of $2,500.00. If you select the payment plan, the initial payment is due immediately, and your selected payment method will automatically be charged the remaining $2,500.00 thirty (30) days later. The total payment amount will remain $5,000.00.
If you elect for the payment plan, you hereby authorize the Company to charge your credit card or debit card automatically according to the terms set forth above. You are financially responsible for all payments under the agreed terms, whether paying in full or via the payment plan. Payments cannot be canceled or avoided, and chargebacks are not permitted under any circumstances.
All payments will be processed via Stripe. By entering into this agreement, you agree to abide by Stripe’s terms and conditions in addition to the Company’s Terms and Conditions.

FINANCIAL RESPONSIBILITY AND COLLECTIONS POLICY
Client agrees and understands that they are financially responsible for the full payment amount, regardless of whether the payment is made in full or through the payment plan described above.

If any payment on a payment plan is missed or declined and remains unpaid after reasonable collection attempts, the remaining balance will incur an additional fee of 30% and may be sent to a collections agency of the Company’s choosing.

PERSONAL INFORMATION
The personal information you provide as part of the payment process may be collected by the Company and its third-party payment processors. This includes, but is not limited to, your name, email address, billing information, and credit card details. Please review our Privacy Policy to understand how we handle your information.

Our third-party payment processors may have their own privacy policies and terms that differ from ours. The Company is not responsible for the independent policies or actions of these third-party providers. You are encouraged to review their policies on their respective websites.

NO CHARGEBACK POLICY
The Company does not tolerate or accept chargebacks from your credit card company under any circumstances. If you choose to terminate this agreement prior to the Program start date, any money already paid to secure the date on the Company’s schedule is non-refundable. There are no refunds for any reason.

LATE PAYMENT POLICY
Clients agree to pay all invoices on time and abide by the late payment terms outlined below:
If any payment is not made on time, the Company reserves the right to immediately suspend your access to the Program and any associated features.
If recurring payments are declined by all payment methods on file, you must promptly provide a new payment method to avoid further interruption.
If payment is not received within ten (10) days of the due date, the Company reserves the right to terminate your Program access.
In the event that an invoice remains unpaid for more than ten (10) days, the Company may terminate the client relationship and halt all work on the project. Any remaining balance will incur an additional fee of 30% and may be sent to a collections agency of the Company’s choosing if unpaid after reasonable attempts to collect.

NO REFUND POLICY
Due to the nature of the Program and the services provided, the Company does not offer refunds under any circumstances.


WEBSITE TEMPLATES BY UNCONVENTIONAL MKTG & CO. - DISCLOSURE

By using a website template designed by Unconventional MKTG & Co., it is understood and agreed that the credit line, such as but not limited to "Made w/ Love by Unconventional," "Made w/ Love by Unconventional MKTG & Co.," or "Designed by Unconventional," will remain visible on the site for its duration to provide proper credit to the Unconventional MKTG & Co. design team.

This credit line will be hyperlinked to Unconventionalmktg.com and may not be removed, altered, or obscured without prior written consent from Valerie Quesada, founder of Unconventional MKTG & Co.

Removal or modification of this credit line without approval constitutes a violation of these terms and may result in additional fees or legal action as deemed necessary by Unconventional MKTG & Co.

INDEPENDENT CONTRACTOR STATUS:
It is expressly agreed and understood that the Company is performing services under this Agreement as an Independent Contractor of the Client and that Company is neither an employee nor an agent of the Client. The company will have sole control over the detailed method of performance of the services, and the facilities and resources needed to perform the services. Company agrees to pay all applicable taxes which may arise as a result of Company’s performance under this Agreement and to comply with any and all laws and regulations applicable to Company’s performance or that of any employee or subcontractor. The Company will have no authority to act, to make any representation, to enter into any contract or commitment, or to incur liability on behalf of the Client.

WORK PRODUCT AND PROPRIETARY INFORMATION
It is understood and agreed that all deliverables produced by the Company under this Agreement become the property of the Client once “Client” pays all compensation due under this Agreement in full, including the entire website created in Showit. In the event that any deliverable is a work embodying intellectual property rights, including, but not limited to, copyright rights and other proprietary rights, the Company hereby assigns to Client all rights, titles, and interest therein. 

Company retains the ability to use the deliverables produced under this Agreement for marketing, promotional, social media, and/or educational purposes provided that (i) data will anonymized, except for Client’s name, domain URL, information other than any of the clients intellectual or private property and (ii) Company protects Client’s private data at all times. Client agrees that the Service Provider is able to use the site, after and while it’s being worked on in any marketing materials they so choose.

It is further understood and agreed that any client-specific information developed, obtained by, or provided to Company under this Agreement shall be and remain the property of the Client and will be subject to the Client’s sole control once the said project and agreement have been commenced. 

Client hereby authorizes, releases, and consents to the Company for any use of Client’s name, likeness, image, voice and written word for promotional or advertising purposes.

Design Ownership and Attribution

All designs created by Unconventional MKTG & Co. during the Break The Rules Day / Website in a Day experience are intended for the exclusive use of the client and may not be resold, redistributed, or transferred to any third party without prior written consent, unless as part of an approved affiliate marketing partnership with Unconventional MKTG & Co.

In the event that another designer or party makes modifications to the website originally created by Unconventional MKTG & Co., the attribution, such as "Made w/ Love by Unconventional" or "Made w/ Love by Unconventional MKTG & Co.," must remain in the website’s footer and hyperlinked to Unconventionalmktg.com for a minimum of five (5) years from the date these terms are agreed upon by the Client.

CONFIDENTIALITY:
In the course of performance under this Agreement, the Company may receive confidential information from the Client or its clients that pertains to client matters or the business of the Client without which the Company would not be able to perform the Company's services from the Client. 

*Confidential Information* includes all information, technical data, or know-how, including, but not limited to, that which relates to the Clients research, products, hardware, software, designs, inventions, ideas, processes, drawings, business plans, product implementations, financial information, marketing techniques, business operation and systems, pricing policies, information concerning employees, customers, and / or vendors disclosed by one party to another in writing, orally, by inspection, or otherwise.

Confidential information shall include all information of which unauthorized disclosure could be detrimental to the interests of the Client whether or not such information is identified as Confidential information by the Client.

Confidential information does not include information that Company can demonstrate:

 i. was in Company’s possession prior to it being furnished to Company under the terms of this Agreement, provided the source of that information was not known by Company to be bound by a confidentiality agreement with, or other continual, legal or fiduciary obligation of confidentiality, to Client;

 ii. is now, or hereafter becomes, through no act or failure to act on the part of either party, generally known to the public;

 iii. is rightfully obtained by Company from a third party, without breach of any obligation to Client; or

 iv. is independently developed by the Company without use of or reference to the Confidential Information.

The company agrees to keep all such information confidential at all times and not to use it except in the course of performance under this Agreement. The company will take reasonable steps to maintain such confidentiality and obtain similar commitments from an employee or subcontractor to whom such information must be disclosed in the course of performance.

NON-EXCLUSIVITY:
The Parties hereby acknowledge and agree that this Agreement is non-exclusive. The client may contract with third parties who perform the same or similar services as those performed by Company and Company may contract with and perform services for as many additional third parties as Company sees fit, without any restriction or limitation.

ASSIGNMENT:
Neither Company nor the Client may assign the rights or obligations set forth in this Agreement without the written consent of the other, which consent shall not be unreasonably withheld.

NOTICES:
Any notice required or desired to be given pursuant to this Agreement shall be deemed to have been given when in writing and shared via email to the Client at the Client’s email address on file or entered upon registration for the Program, and to the Company at Company’s email address: support@unconventionalmkt.com.

TERMINATION:
This Agreement may be terminated if either Valerie Quesada, Unconventional MKTG, or Unconventional MKTG & Co. determines that the working relationship is not a good fit. No returns or refunds for any products or services will be provided upon termination.
ENTIRE AGREEMENT:
This Agreement expresses the full and complete understanding of the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous proposals, agreements, representations, and understandings, whether written or oral, with respect to the subject matter hereof.

NO WARRANTIES 

COMPANY’S SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. CLIENT AGREES THAT COMPANY IS NOT LIABLE TO CLIENT OR OTHERS IN ANY WAY FOR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, AND / OR SPECIAL DAMAGES.

CLIENT COOPERATION
Should Company be required to defend itself in any action directly or indirectly involving Client, Client agrees to provide any documents, testimony, evidence, or other information Company deems useful to it free of charge.

SEVERABILITY IN EVENT OF PARTIAL INVALIDITY:
If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect.

WAIVER:
No failure to exercise and no delay in exercising any right, remedy, or power under this Agreement shall operate as a waiver thereof.

DISPUTE RESOLUTION:

This Agreement shall be governed by and interpreted in accordance with the laws of the State of Tennessee, without regard to its conflict of laws principles. All claims, disputes, or controversies arising out of or relating to this Agreement, or the breach thereof, whether sounding in contract, tort, or otherwise, shall likewise be governed by the laws of Tennessee.

Mediation and Arbitration:
The Parties agree to first attempt to resolve any dispute through good faith negotiation. If the dispute cannot be resolved through negotiation within thirty (30) days, the Parties agree to submit the dispute to mediation administered by a mutually agreed-upon mediator in Davidson County, Tennessee. If mediation does not result in a resolution, the dispute shall be submitted to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall take place in Davidson County, Tennessee, and the judgment on the arbitration award may be entered in any court having jurisdiction.

Jurisdiction and Venue:
In the event mediation and arbitration are unsuccessful, the Parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Davidson County, Tennessee, for any legal action arising out of or relating to this Agreement. By purchasing this service or signing this Agreement, the Parties agree to these terms, including submitting to the jurisdiction of these courts and waiving any defense of forum non-conveniens.

Disputes with Parties Outside Tennessee:
For disputes arising with parties located outside Tennessee but within the United States, the Parties agree that any mediation or arbitration shall still be conducted in Davidson County, Tennessee. However, the Parties may mutually agree to conduct hearings virtually or at a neutral location within the United States.

Costs of Dispute Resolution:
Each Party shall bear its own costs and expenses for mediation or arbitration. However, the prevailing Party in any litigation or arbitration shall be entitled to recover reasonable attorney’s fees and costs incurred in connection with the dispute.

DELIVERABLES NEEDED BY CLIENT PRIOR TO PROGRAM:

(a) This section constitutes a strict deliverable agreement to ensure that the Company is able to perform the tasks outlined in section one. The following materials needed to be given to us before the Branding Call on the day of the intensive:

1. Website Template needs to be picked out by the client
2. Client needs to be signed up for Showit on a paid plan of their own
3. Client needs to add Showit Key into their account prior to design
4. Client need to reach out to Showit for a domain transfer to get the appropriate URL
5. Client needs to already have purchased domain
6. Client needs to migrate blog or podcast if there is one
7. Gather testimonials from past clients to use on the website
8. Create freebies or lead magnets to use on the website
9. Website copy for each of the pages
10. External links that will be used on the website
11. Legal pages consisting of Terms of Use, Terms and Conditions, and Policy Page all need to be created prior to the call - if you do not have these already, our team will recommend you purchase the templates from our lawyer and do them while we’re working on the website. If you choose to not use them or want to launch without them, Valerie Quesada and Unconventional MKTG & Co. are not responsible for any GDPR compliance issues or legality concerns related to your choice.
12. Client’s photos need to be submitted to the Company prior to design.

Rescheduling and Cancellation Policy: Things happen. We understand. We allow one reschedule per client if done more than 24 hours before we’re supposed to start our intensive session. If there is an emergency within 24 hours, please contact us to figure out how we can make things work in the future.

 (b) I expect my clients to remain communicative throughout the day. While you’re welcome to take calls and go about your usual activities as I design, it’s essential that any questions or requests I send receive a response within a maximum of one hour. If I do not receive a response within this timeframe, I will proceed with the designs as outlined, and you will forfeit the option to request edits for that particular section.

To avoid this situation, please stay attentive and let me know in advance during our initial call of the day if you have any appointments or commitments that may limit your availability. This helps me plan accordingly and ensures a smooth process for both of us.

MISCELLANEOUS:

(a) This Agreement shall be construed fairly and equitably, without strict interpretation for or against either Party.

(b) All designs created by the Company may not be resold, repurposed, or redistributed as items for sale, such as templates, brand kits, or any other products, without prior written consent from the Company.

(c) The credit line, such as "Made w/ Love by Unconventional," "Made w/ Love by Unconventional MKTG & Co.," or "Designed by Unconventional," must remain visible in the footer of the website and hyperlinked to Unconventionalmktg.com for the duration of the website's life unless otherwise agreed upon in writing by the Company.

(d) It is the Client’s responsibility to provide all required content, including images, copy, and external links, prior to the start of the project. Failure to provide this content may delay the website from going live during the one-day intensive. The Client may choose to launch on their own timeline if preferred, releasing the Company from any responsibility to launch the site on the agreed-upon day.

(e) The terms "Break the Rules Day," "Website in a Day," and "VIP Day" are used interchangeably and refer to the same service. This service is a collaborative partnership where both Parties must work efficiently together to complete the project within the designated timeframe.

(f) If the Client fails to pay an invoice for more than thirty (30) days, the Company may refer the collection of the unpaid amount to an attorney or collections agency. In such cases, the Client agrees to pay all reasonable attorney’s fees, collections agency fees, and any additional time spent by the Company in collecting the unpaid amount.

(g) The Company reserves the right to discontinue work on the project until all compensation due under this Agreement is paid in full. Additionally, the Company reserves the right to terminate this Agreement if the Client fails to make payment as required under this Agreement.

THE PARTIES HAVE READ AND UNDERSTOOD THE FOREGOING TERMS AND AGREE TO THEM.

Company: Unconventional MKTG LLC / Unconventional MKTG & Co. 
Founder and Designer: Valerie Quesada
Email: support@unconventionalmktg.com
Date Created: Jan 11, 2025

Valerie Quesada