Terms of service

COMMUNICATION, EMAIL & SOCIAL MEDIA

When purchasing any product, event or service, you may be added to our email list. We promise not to spam or send a high amount of emails. Your information and email is secure and will not be exposed or sold to 3rd party companies. You are free to unsubscribe at any time.

SECURITY

We take the security of all customers and transactional data very seriously. Our site is maintained, updated and secured to the best of our ability within the best practices of website security. The website is additionally secured via server-side by our hosting company. Any breaches or issues with the hosting company are out of our control.

COPYRIGHT & TRADEMARKS

All content contained in the website, courses, downloads and recordings is copyrighted and property of Cynthia Berg and cynthiaberg.net. Distribution without prior approval is illegal and prohibited.

In the event that any copyrighted work(s) are created as a result of services provided, Cynthia Berg owns all copyrights in any and all work(s) produced pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered.

Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling a service agreement, are expressly and solely owned by Cynthia Berg and may be used in the reasonable course of Cynthia Berg’s business.

PERMITTED USES OF PRODUCT(S)

Upon final payment for products, Cynthia Berg grants non-exclusive license of product(s) produced with and for clients. Requirement for attribution, if any, shall be included in a service agreement.

Client may not copy, duplicate, distribute, republish, or incorporate the deliverables or allow others to copy, duplicate, distribute, republish or incorporate or use the product(s) without consent. 

Additional terms for permitted use of products may be included in a service agreement.

PAYMENT & TAXES

Payments are accepted by credit card or bank transfer only. The specific terms of payment are specified at checkout and/or provided in service contracts.

Sales of some products or services are subject to sales tax when purchased in Minnesota, even if they are purchased online. Sales made outside of Minnesota may be subject to sales tax according to the tax laws in each state.

Sales tax, if applicable, will be calculated and added to the total at the time of purchase.

DISCOUNTS

Any active discounts or promotions are valid during the time specified. Discounts are NOT valid during sale periods. Discounts apply to either a certain product or entire cart purchase depending on which is specified.

CANCELLATIONS, RETURNS & REFUNDS

If you are unhappy with any product or service, please contact us at cyn@cynthiaberg.net so we can find a way to make it right and give you the positive experience you deserve. Cancellation and refund policies may differ from product to product, so please refer to the product description or service agreement for details.

Due to the nature of digital products, refunds are not offered on any product or service that includes downloadable or streaming content.

If Client desires to cancel or reschedule Services, or if it becomes impossible for Cynthia Berg to render Services due to the fault of the Client or parties related to Client, such as failure to show up in a timely manner, Cynthia Berg has no obligation to attempt to re-book services or refund any monies Client has previously paid towards the Total Cost. 

Client is not relieved of any payment obligations for cancelled Services, rescheduled Services, failing to show up for the project, or should it become impossible for Cynthia Berg  to provide the services due to the fault of Client (or parties related to Client) unless the Parties otherwise agree in writing. For instance, if Cynthia Berg is able to secure another client for a cancelled appointment, Cynthia Berg may choose, at its sole discretion, to excuse all (or a portion of) Client's outstanding balance of the Total Cost. 

LIMITS OF LIABILITY

Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to an agreement or services provided are not to exceed the Total Cost of Services provided by Cynthia Berg.

Loss of Product. In the event that any or all product(s) are lost, such as damage to or loss of a component of the product necessary for final delivery, Cynthia Berg shall refund a pro-rated portion of the Total Cost based on the amount of Services that were completed/provided against the amount of Services that were agreed to be completed/provided.

Indemnification. Client agrees to indemnify, defend and hold harmless Cynthia Berg and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Cynthia Berg provides to Client.

CHANGES

Unless otherwise provided, Client shall pay additional charges for all changes requested by Client which are outside the Scope of the Services on a time and materials basis, at a standard hourly of $100  per hour, or in an amount separately agreed upon in writing in advance of the change. Such charges shall be in addition to all other amounts payable under an Agreement despite any maximum budget, contract price or final price identified therein. Cynthia Berg may extend or modify any delivery schedule or deadline as required by such Changes. 

 

IMPOSSIBILITY

Force Majeure. 


No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached an Agreement, for any failure or delay in fulfilling or performing any term of the Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control, including, but not limited to, the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of the Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. The Impacted Party shall give Notice within seven days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of thirty days following Notice given by it, the other party may thereafter terminate the Agreement upon Notice.

 

Failure to Perform Services. In the event Cynthia Berg cannot or will not perform its obligations in any or all parts of an Agreement, it (or a responsible party) will:

  1. Immediately give Notice to Client via the Notice provisions detailed in the Agreement; and

  2. Attempt to find another competent professional to take its place with the mutual agreement of Client(s);

  3. If another competent professional is not available or Client(s) do not agree to transfer of obligations to said alternate professional, Cynthia Berg will issue a refund or credit based on a reasonably accurate percentage of services rendered; and

  4. Excuse Client(s) of any further performance and/or payment obligations in the Agreement.

 

ADDITIONAL TERMS

Additional terms may apply to contracted or retained services. Please refer to the Service Agreement when provided at time of purchase.