Terms & Conditions
ConsultForBiz or Consult4Franchise are DBAs of the Nexeon Technology & Business Services hereinafter referred to as (Consultant or Us or We”) will be providing Franchise Consulting/Brokerage Services to you and/or to your business hereinafter referred to as (“You” or “Franchise” or 'Candidate') through this Agreement (“Agreement”).
1. Our Commitments: We want reiterate our commitments that;
a) This service is provided to you at NO COST.
b) You are NOT OBLIGATED to invest in any of our recommended Franchises unless you want to do so.
c) You will NOT be charged anything more by the Franchisor for using our service.
2. Our Services: We will be providing you following services depending your need and requirements:
a. Discovery Phase: During this process we will ask you specific questions to understand about your Franchise requirements, activity preferences, work style expectations, experience, financials, lifestyle expectations etc either in person, phone call or via our website form. The agenda of this process is to understand your needs, capabilities. expectations etc in detail so that we can try to present you with the suitable Franchises / Business Opportunities available out there which fit your requirements the most.
b. Confirmation Phase: During this phase we will talk to you to confirm that what we understood your requirements correctly and we both are on the same page.
c. Research Phase: During this Phase we will research and analyze thousands of the Franchises out there to find suitable Franchises / Business Opportunities available out there which fit your requirements the most.
d. Franchisor Presentation Phase: Once we completed our Research Phase we will present to you the suitable Franchises / Business Opportunities which we searched for you. We can continue providing the Research and Franchisor Presentation process until you find a suitable Franchise or until either party terminates this agreement.
e. Assistance Phase: Once you selected the Franchises you are interest in, we will guide and assist you in all the steps necessary to complete the Franchise acquisition.
3. Information: We will try to do our best to find the right franchise opportunities for you. For that we request you to provide the information in this form in as much detail as possible. This will serve three purposes.
a) First, it will enable us to understand about you and your needs as much as possible.
b) Secondly, it will enable us to search for the most appropriate Franchises which suit your requirements out of thousands of franchises out there,
c) Thirdly, based on the information provided by you, Franchisors will evaluate your eligibility for their respective Franchises and will be willing to work with you.
Consultant’s obligations under this Agreement are contingent on Franchise providing Consultant with timely, accurate and truthful information. Franchise shall be exclusively responsible for the accuracy, truthfulness, and completeness of all information provided to Consultant. Consultant is not responsible for inaccuracies in the Franchise/Business Opportunities recommended caused by your failure to supply complete and accurate information.
4. Privacy Policy: The information you provide us through this form or any other method will be treated confidentially unless it is publicly available. Such information will be used by us a) either to find suitable franchises for you based on your requirements or b) to market our services or franchises to you either via email or other forms of communication c) or shared with the potential Franchisors or Affiliates for the purpose of finding the right franchise opportunities for you or serving your needs. However we will retain and use your personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
5. Confidentiality: Just like how we maintain the confidentiality of your information, we expect you also to maintain the confidentiality of any proprietary information we shared with you such as; Our Business Model, Our Franchise Network, Our processes, Franchise recommendations etc.
6. Non-Solicitation: We have spent and will be spending a lot of time, effort and money to get trained and also to have access to the Franchise Network/Database system. Further, we will be spending lot of our time and resources in finding the right Franchise opportunities for you at NO COST to you. Therefore we ask you to allow us to represent you as your Franchise Consultant/Broker for any of the Franchise opportunities which we introduced to you.
7. Exclusive Representation: During the term of this agreement, Franchise agrees to work exclusively with us for any Franchise Search / Acquisition process and will not work with any other Franchise Consultant/Broker or work directly with any other Franchisor. If Franchise likes any Franchise which is not presented by us, they will notify us and we will work with that Franchisor and represent the Franchise. You will not be paying any extra amount to the Franchisor for working with/through us.
8. Representations and Warranties: Consultant makes no representations, expressed, or implied. Franchise understands that Consultant does not provide legal, tax, accounting or other professional services unless explicitly mentioned in writing. We try our best to provide the suitable Franchise or Business Opportunities based on your requirements. But it is your responsibility to do all the required due diligence and take legal, tax or any other professional opinions before deciding to invest in any recommended Franchise. Any services procured or costs incurred by the Franchise for such due diligence activities are being solely procured by Franchise at its own cost and discretion.
9. Indemnification: Franchise further agrees to indemnify, defend, and hold harmless Consultant / ConsultForBiz, its officers, directors, employees, agents, attorneys and affiliates against any loss, damage, liability, claim, expense (including attorneys’ fees), and/or disputes (including any post-closing disputes), arising out of or in connection with Franchise’s acts, omissions, or any other Franchise performance or lack thereof under this Agreement. The provisions of this paragraph shall survive termination of this Agreement and shall be binding upon the successor or assigns of the Franchise.
10. Disclosures: We provide various Financial, Investment and Business services through various entities. We are proving the Franchise Consulting / Brokerage services through our parent company "Consultant Technology & Business Services LLC". Depending on the service we provide, we act either as Consultants, Advisors, fiduciaries or Sales agents. Our services are very specialized and takes lot of time, effort and learning to gain the knowledge in the respective fields to provide best advice or service to you. We get compensated for our services by charging you either a Flat Fee or Hourly Fee (which will be disclosed upfront to you) or get paid Commissions from the companies whose products and services we sell to you. But we will never charge twice for the same service or product (for example; we won't charge a Flat fee or Hourly Fee and also collect the commissions from companies). As you may avail multiple services from us and as we have different compensation structures for such services, sometimes they may create or can be construed that they create Conflict-of-Interest situations for you. If you ever feel that way, please feel free to let us know so that we can clarify our stance clearly to you and you are always free to take your own decision on whether to continue to seek such service or product with us or not in such situations.
11. Disputes & Resolution: While Consultant does not foresee any potential conflict with Franchise, in the interest of avoiding time-consuming and costly litigation, should a dispute arise between the parties regarding Consultant’s products or services under this Agreement, both Consultant and Franchise agree that any such dispute shall be resolved by binding arbitration conducted through the American Arbitration Association (“AAA”) in Greater Chicago area and shall take place in accordance with the Federal Arbitration Act (Title 9, U.S. Code). You agree not to initiate or threaten to initiate any complaint, claim, or cause of action whatsoever in any public or private regulatory agency, in any state or federal court without first: 1) submitting details of the dispute in writing to Consultant, 2) submitting the dispute to arbitration as provided herein and after obtaining a final, “non-appealable” decision or award from the arbiter(s). A willful violation of this provision or any breach of this Agreement shall entitle Consultant to specific performance, to recover actual damages and liquidated damages in an amount equal to and in addition to the Fee. Both Consultant and Franchise also waive any right to indirect or consequential damages including loss of use, income, or profit and any claim for punitive or exemplary damages. Neither Consultant nor Franchise shall be entitled to join or consolidate disputes by or against others in any arbitration, or to include in any arbitration any disputes as a representative or member of a class. Prior to and during any such arbitration, each party is responsible for its own legal fees and one half of the cost of the arbitration. Upon a final award by the arbiter, the prevailing party shall be entitled to reimbursement of 100% of any fees and costs arising out of or related to the arbitration. This Agreement shall be interpreted under and governed by the laws of the state of Illinois without regard to any choice of law or conflicts of law principles.
12. Limitation of Liability: Consultant nor any of its employees, partners, vendors, affiliates or associates assumes any responsibility or liability for any investment agreements, contracts, or all other kinds of investment and business dealings, arising out of information inquiries sought from us or our website. But if is determined otherwise by any competent authority, then In recognition of the relative cost, risks and benefits of the Services contemplated by this Agreement, the risks have been allocated such that Franchise agrees, to the fullest extent permitted by law, to limit the liability of Consultant to Franchise for any and all claims, losses, costs, damages of any nature whatsoever or claim expenses from any cause or causes, and expert witness fees and costs, so that certain types of damages are excluded and so that the total aggregate liability of Consultant to Franchise shall not exceed the amounts provided for in this paragraph. Under all circumstances, and notwithstanding any provision in this Agreement to the contrary, Consultant’s total liability arising out of the services provided pursuant to this Agreement shall be limited to the lesser of Franchise’s actual damages (subject to any exclusions and limitations in this Agreement) or the amount of any/all fees paid to Consultant, and IN NO EVENT SHALL Consultant’S LIABILITY INCLUDE ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES INCURRED OR DESIGNATED, OR ANY LOSS OF PROFITS, EVEN IF Consultant WAS INFORMED OF THE POSSIBILITY OF SUCH LOSS. It is intended that the limitations in this paragraph apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law. To the fullest extent permitted by law, the limitations provisions of this paragraph are cumulative.
13. Assignment: The rights and obligations of this Agreement shall be binding upon and shall inure to the benefit of the parties hereto and to their successors and assigns. Franchise hereby agrees and acknowledges that Consultant may assign this Agreement to any of its affiliates or affiliated entities, provided such affiliate or affiliated entity assumes in writing all obligations of Consultant under this Agreement.
14. Entire Agreement: Franchise represents and warrants that it is satisfied with the services provided by Consultant to date and hereby waives and releases Consultant from any further claims or obligations arising under any previous agreement or business relationship by and between Franchise and Consultant. This Engagement Agreement is the entire Agreement between the parties and supersedes all prior agreements, representations, and understandings of the parties. No modification or amendment of this Agreement shall be binding unless agreed to in writing by Franchise and Consultant.
15. Counterparts: This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. Signatures exchanged by facsimile or electronically are effective for all purposes hereunder to the same extent as original signatures.
16. Survival: Some of the terms of this Agreements such as Confidentiality, Representations and Warranties, Disclosures, Indemnification, Disputes & Resolution, Limitation of Liability etc will survive even after the term of this agreement.
17. Amendments: ConsultForBiz reserves the right to make material changes to its privacy policy and / or to this agreement. For any questions or clarifications about this agreement, please contact us at info@ConsultForBiz.com
18. Severability: In the event that any covenant, condition or other provision contained in this Agreement is held to be invalid, void or illegal, the same shall be deemed sever able from the remainder of this Agreement and shall in no way affect, impair or invalidate any other covenant, condition or other provision contained in this Agreement, and any such provision held to be invalid, void or illegal shall be deemed replaced by a provision which comes closest to such unenforceable provision in language and intent without being invalid, void or illegal.
19. Authority: By signing this Agreement on behalf of Franchise, the signing party represents that he or she has the unconditional authority to enter into this Agreement on behalf of the Franchise and agrees to be jointly and severally responsible for the fulfillment of Franchise’s obligations under this Agreement.
By accessing, using or filling in any information on this website, or submitting any forms, or contacting us for any services offered, you acknowledge and agree to the terms and conditions of this agreement.
