Terms and Conditions
Last updated: 9/12/18
This website is owned and operated by Tutoring Service by Paul Borosky.
The Terms and Conditions govern your usage of Tutoring Service by Paul Borosky, also referred to as “Company”, website or their affiliated websites, offered by Tutoring Service by Paul Borosky. Carefully read the terms and conditions before using our website. Continued usage of company websites constitutes understanding and agreeing to ALL terms and conditions set forth in the Terms and Conditions, Independent Contractor Agreement, and Policy and Procedures.
In using this website you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We” and "Us", refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing State or Federal US laws. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
The company offers this website to you as the “Client” or “you”, the independent contractor “Contractor” or other non-specified user, together referred to as “you” for the purposes of offering a variety of business plan writing, business consulting and/or tutoring products or services. The Terms and Conditions are entered into between the “company” and “you”, and “you” accept the terms by continued usage of the website, service, or products.
Website, products, or services may not be appropriate for all users in all locations. Therefore, user is responsible for the information usage provided by the company. Further, communication is not guaranteed. Services are for Adults over the age of 18 only.
Tutoring Service by Paul Borosky contracts with Independent Contractors for business plan writing or business consulting. As Independent contractors, business plan writers, business consultants and tutors use their own material, set their own schedules, chose their own clients, paid with a 1099 form, and employ their own transportation. The Independent contractors are subject to profit and loss. The company does not direct the process of the tutoring session. The company does monitor the results of business plan writing, business consulting and tutoring sessions to ensure a quality product.
The Independent Contractors or other non-affiliates do not use the company’s methods and materials in business plan writing, business consulting and/ or tutoring sessions. You are expected to supply needed material for tutoring sessions. The choice of business plan writer, business consultant and/ or tutor solely rests with you. Please review and select business plan writer, business plan consultants and/or tutors carefully. Background checks are not conducted. All tutoring sessions with people under 18 should be done in the presence of an adult provided by you.
- All assignments and/or homework completed by the “company” are considered templates for you to modify to suite your needs. NO GRADES ARE PROMISED TO YOU OR GUARANTEED UNDER ANY CIRCUMSTANCE. There is no warranty or guarantee expressed or implied with any service or product associated with Tutoring Service by Paul Borosky, their affiliates, or independent contractors.
Business Plan Writing:
- Business plans must be paid in full before work will commence.
- Clients are solely responsible for providing accurate business information, such as startup costs, estimated sales, operating costs, etc. to our business plan writers. Without accurate information, our business plan writers and business plan consultants will use available information, such as experience or research to compensate. No guarantees are provided in relations to the accuracy of our information found.
- Clients are allowed three revisions to a business plan within 30 days of receiving the initial rough draft. All requests for revisions must be emailed to Paulb@qualitybusiness plan.com. Revisions do not include requests for more information. Additional prices may apply for additional information or services.
- Our competitor research consists of website reviews, user feedback and other information available online or through possible phone conversations. We do not provide competitor revenues, costs or other proprietary information about private companies.
- Our complex business plan price includes our business plan writers and business plan consultants' usage of our proprietary excel spreadsheet, which is “moderately” customized to your business. Excessive changes to the spreadsheet will incur additional charges.
- Clients agree to watch our “complex business plan” video to fully understand the structure and potential content of our business plans. However, our business plan writers may add or remove, at our discretion, sections or subsections, based on situation.
- Our business plan process includes two phone consultations. The initial consultant and a consultation after the rough draft of a business plan is emailed.
- All Excel spreadsheets prepared by Quality Business Plan are proprietary and the property of Quality Business Plan. From this, all Excel spreadsheets supplied by our company is for the review and use of our clients only. Otherwise use is considered a violation. Violations may result in services being terminated with no refunds. If damages arise from clients dissemination or sharing of the Excel spreadsheets, clients agree to be held accountable and monetary damages may be pursued.
- All financials used in our business plan are custom made. From this, some calculation errors are to be expected. We do not guarantee the accuracy of financial calculations.
- We only use our custom-designed Excel templates for our financial statements. No customization of financial templates are included in any base plan. However, we do offer pro-forma financial statement customization for additional costs.
We are committed to protecting your privacy. Authorized company employees or independent contractors on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
Disclaimer Exclusions and Limitations
The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, this Company:
- excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
- excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
This Company does exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
Collections, Chargebacks and Outstanding Balances
Stripe or Paypal are the acceptable method of payment. Our Terms require payment before services are rendered. All goods remain the property of the Company until paid for in full. Monies that remain outstanding by the due date will incur late payment interest at the rate of 12% monthly on the outstanding balance until such time as the balance is paid in full and final settlement. We reserve the right to seek recovery of any monies remaining unpaid five days from the date of service via collection Agencies and/or through the Small Claims Court in the event that the outstanding balance does not exceed $3000 or Florida State law limits. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.
Returned checks will incur a $25 charge to cover banking fees and administrative costs. In an instance of a second Returned check, we reserve the right to terminate the arrangement or we shall insist on future cash transactions only. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.
Our terms and conditions and the use of our site is governed by and in accordance with the State of Florida’s law. All agreements and usage of website, products or services will be performed within the State of Florida.
Any legal action, brought by either party, shall be started and prosecuted in the state and federal courts located in Seminole County, Florida.
Minimum 8-hour notice of cancellation required by client. Notification for instance, in person, via email, mobile phone ‘text message’ and/or fax, or any other means will be accepted subject to confirmation in writing. We reserve the right to levy a $50 charge to cover any subsequent administrative expenses for cancellations within 8 hours of scheduled sessions or consultations. Company may cancel session or appointments at any time without notice, however funds for the session would be fully refundable or transferable to future tutoring sessions.
Termination of Agreements and Refunds Policy
Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway.
Unless otherwise stated, the services featured on this website are only available within the United States, or in relation to postings from the United States. All advertising is intended solely for the Global market. You are solely responsible for evaluating the fitness for a particular purpose of any services, downloads, programs, assignments, and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Links to this website
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Links from this website
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright and other relevant intellectual property rights exist on all text relating to the Company’s services and the full content of this website.
We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.
Force Majeure Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
To the fullest extent permitted by law, Usage of this website constitutes agreement by you to indemnify and hold the “company”, “contractors”, or any other affiliated parties harmless from any demands, claims, losses, or expenses, including reasonable attorney’s fees (a) attributable to sickness, disease, death…and (b) is caused in part or whole by any negligent act or omission of company, contractor, or affiliate directly or indirectly for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder.
General The laws of United States and the State of Florida govern these terms and conditions. By accessing this website and using our services/buying our products, you consent to these terms and conditions and to the exclusive jurisdiction of the State of Florida courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
Notification of Changes
The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. Information included in this website is subject to change without notice. You are therefore advised to re-read this statement on a regular basis
These terms and conditions form part of the Agreement between the you and the company. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein.
Tutoring Service by Paul Borosky
2440 S. Oak Ave.
Sanford, FL. 32771
© Tutoring Service by Paul Borosky 2013-2018 All Rights Reserved