Standard Terms of Service

Last Updated: August 20, 2019

Your membership is conditioned upon your acceptance of all Terms and conditions stated here.  By joining the Cashvertising Copy-Coaching Club, you and your business agree to the Terms set forth herein. If you do not agree to these Terms and conditions in their entirety, you are not authorized to join and participate.

THIS IS A BINDING AGREEMENT.  THESE TERMS AND CONDITIONS OF USE & FORM A LEGALLY BINDING AGREEMENT (“AGREEMENT”) BETWEEN YOU AND YOUR BUSINESS (“YOU” and/or “CLIENT”) AND DREW ERIC WHITMAN (“DREW”).  THIS AGREEMENT GOVERNS YOUR PARTICIPATION AND THE SERVICES PROVIDED BY DREW ERIC WHITMAN. THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION.  ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 18.  

By joining the Cashvertising Copy-Coaching Club, you have retained DREW ERIC WHITMAN (“Drew”) on a rolling month-to-month basis for advertising/marketing/sales consulting services and you agree to the Terms and conditions as set forth in this Agreement.

DESCRIPTION OF MEMBERSHIP & CONSULTING: As a member in good standing, 100 minutes will be made available to you each month for one-on-one coaching with Drew via email, text, Skype or private forum interaction. You may initiate communication with Drew at any time via email at: Drew@DrewEricWhitman.com to begin your consulting session at which time, if needed, another mode of communication can be scheduled to most effectively handle your current need. Assignments are determined by you, and include, but aren’t limited to, Drew’s critiquing advertising materials, answering questions, making suggestions, proposing new ideas, recommending improvements, formulating creative strategies, and more. Membership does not include copywriting or design services, although Drew often makes specific wording suggestions for areas of copy he critiques. Exceptions might be made on a limited, case-by-case basis.

TIME ACCOUNTING: Drew maintains meticulous records of time spent with his clients and detailed records are available at your request. Just like a typical consulting arrangement, all time spent on your behalf is considered billable time which is deducted from your monthly member time-bank of 100 minutes. This includes replying to emails and texts… brainstorming at your direction… critiques and phone conversations, and any other Client-directed project(s). As minutes do not “roll over” to following months, up to the full 100 monthly minutes must be used within your current membership month. Exceptions would be made only if Drew, for some reason, would not be available to assist.

The results of any and all work performed by Drew for Client, including customer information, will remain the property of the Client. Client may use this material in any way deemed appropriate.

PROOFREADING RESPONSIBILITY: The Client agrees that he/she is solely responsible for: 1) determining the suitability of any copy Drew provides, and 2) fact-checking any and all claims and statements made prior to Client’s use of same.  Client agrees to assume full legal responsibility for use of the creative product(s) generated by this agreement and agrees to hold Drew harmless for errors, omissions, inconsistencies, performance, and/or any and all other elements of said creative product(s). Unless otherwise noted or client-approved and paid for, any images suggested/provided/shown are copyrighted and are shown FPO (For Position Only) and are merely suggestive of what images Drew thinks should ultimately be used in the finished product. The Client is responsible to use only those images for which Client obtains persmission from the copyright holder.

PAYMENT, AND CANCELLATION

Optional services (in addition to the 100 minutes included in the monthly membership) will be made available by Drew at the discounted rate of 25% off his current rate of $300/hour (and $249/hour when 10+ hours are purchased at one time). Any other expenses are exclusive of retainer or billable hours, and are not included in this agreement and will be billed separately. Examples of such expenses are pre-approved: additional creative hours, design, and reasonable and approved travel and business expenses. All hourly billing & expense invoices are payable in advance. Should you wish to add more consulting time, you may do so at the same rate as your monthly membership for an additional 100 minutes. Payments can be made via PayPal to:Drew(@)DrewEricWhitman.com. Email Drew at that same address to confirm your purchase.

AS A CASHVERTISING COPY-COACHING CLUB MEMBER, YOUR PAYMENTS WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF YOUR DESIGNATED PAYMENT DATE (MONTHLY) AND WILL BE BILLED IN THE AMOUNT OF AND TO THE PAYMENT METHOD YOU PROVIDED TO OUR PAYMENT PROCESSOR (PAYPAL, FOR EXAMPLE) AT THE TIME OF YOUR ENROLLMENT. 

Failure by the Client to use any of the consulting time available through the membership provided by Drew does not relieve the Client of their payment obligations under these Terms. 

To cancel your membership at any time, do not contact Drew or his associates. You must do so directly from your PayPal account: 

    1. Log in to your PayPal account at www.paypal.com
    1. Click the Settings icon next to “Log out.”
    1. Select Preapproved Payments under “Payment settings.”
    1. Select the merchant whose agreement you want to cancel…
      …and click the Cancel Subscription button.
  1. Confirm your request to finalize the cancellation.

If you cancel fewer than ten (10) days before the first day of your next subscription month, your credit card may still be charged. In this case, you will not be entitled to prorate your last month’s use, nor will you be entitled to any refund for any payments. 

Other than for Charter Members, Drew can change the monthly membership subscription rate at any time. If in the unlikely event the membership subscription rate changes after you subscribe, Drew will notify you by email and give you an opportunity to cancel.

Drew reserves the right to cancel any membership for any reason. In case of termination, Drew shall make a reasonable attempt to finish any work in progress to the extent that sufficient time remains in the Client’s account. Pro-rata refunds will not be given for cancelled memberships, therefore you are free to use whatever consulting time remains in your time-bank for the currently paid month. Termination of membership in no way relieves or excuses the user from any obligation to pay any outstanding charges or expenses. In the event collection processes of any type is required, you will be liable for all collection costs, including legal fees and expenses

Potential users can pay by credit card or debit card.  Payment details shall be collected by us through our secure financial data collection mechanism. You acknowledge and agree that we hold data relating to the transaction, including the last four digits and the expiration date of the card used to purchase the products or services together with details on when payment is due.  You further acknowledge and agree that payments are due on a recurring basis in accordance with the payment Terms for the specific service purchased (unless the subscription is cancelled in accordance with these Terms) and therefore authorize the automatic payment collection Terms applicable to that specific service (e.g., on a monthly basis and for a specific amount).  

GUARANTEE: If after the first 30 minutes of any assistance Drew provides for you after you first join, you don’t think it’s worth at least QUADRUPLE the price, simply request a refund by email to:Drew(@)DrewEricWhitman.com with “CANCEL CLUB: [YOUR LAST NAME]” in the subject line within 24 hours and prior to any subsequent work or consultation, he will cancel your membership and refund 100% of the money you paid to join. Previous members do not qualify for this guarantee.

LIMITATION OF LIABILITY:  Drew’s liability in contract, tort or otherwise (including negligence) arising directly out of or in connection with this Agreement or the performance or observance of its obligations under this Agreement and every applicable part of it shall be limited in aggregate to the Total Fee.  To the extent it is lawful to exclude the following heads of loss and subject to the Client’s obligation to pay the Total Fee, in no event shall Drew be liable for any loss of profits, goodwill, loss of business, or any other indirect or consequential loss or damage whatsoever. 

ARBITRATION:  Any dispute, controversy or claim arising under, out of or relating to this agreement and any subsequent amendments of this agreement, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be decided in a U.S. court of law in Lehigh County, Pennsylvania.

No waiver of any provision herein shall be deemed or shall constitute a waiver of any other provisions of this agreement.  It is understood that this agreement is not subject to verbal provisions or any change in its printed form unless mutually agreed upon in writing by both Drew and the Client.  This Agreement constitutes the entire agreement and understanding between the parties and supersedes all prior agreements, representations, promises, or covenants, whether written or oral.  In the event of any conflict between this Agreement and any other agreement between Drew and Client, the Terms of this Agreement shall control. No warranties or guarantees besides the performance of this agreement as described above are expressed or implied.  This Agreement shall be governed by and construed in accordance with the laws of the State of Pennsylvania, county of Lehigh. These Terms shall apply to all jobs on the Client’s account, present and future, until and unless further written modification and agreement is made.

SITE TERMS & PRIVACY:

DREW ERIC WHITMAN takes your privacy issues seriously. Please take a moment to read the following policy to learn how we handle your personal information:  https://drewericwhitman.com/privacy-policy and https://drewericwhitman.com/Terms-of-use

CLUB TERMS UPDATES:

Drew reserves the right to update and change, from time to time, these Terms and all documents incorporated by reference by posting updates and/or changes to his website.  It is your responsibility to check this page periodically for changes. You can find the most recent version of these Terms at https://drewericwhitman.com/club-terms.(opens in a new tab). Use of the website after such changes constitutes acceptance of such changes.  Any new features or tools which are added to the current website shall also be subject to the Terms.