
Mentorship Terms Of Service
Last updated on 15 April 2025
Introduction
These Mentorship Terms of Service (referred to as "Mentorship Terms" or “Mentorship Policy”) will be used to govern the terms of engagement between the Client and Upstart Entrepreneur.
Throughout the Mentorship Policy, the terms “we”, “us” and “our” refer to Upstart Entrepreneur Inc (hereunto known as Upstart Entrepreneur), as well as terms such as “you”, “you”, and “yourself” which refer to the Client.
This Mentorship Policy, along with the Service Agreement (also referred to as “Terms of Service” or “Terms of Use” and other policies referenced herein and therein, governs your access to and use of our Mentorship Services (that form part our Services) with Upstart Entrepreneur, including any content, functionality and Services offered as part of the Mentorship Services on or through Upstart Entrepreneur and their website (upstart-entrepreneur.com), online or offline, whether as a guest, registered user or customer.
This Mentorship Policy is an addendum to our standard Website Terms & Conditions or any Service Agreement that might reference this policy and should be read in conjunction with that policy and/or agreement. All terms and definitions defined in associated policies are also applicable to this policy.
These Mentorship Terms are only applicable to customers and/or mentees (referred to as “Mentees” or “Customers” or “Clients”) who have purchased and/or signed up for any free or paid for mentorship session/s and/or package/s (individually referred to as "Mentorship Session/s" or combined referred to as “Mentorship Services” or “Mentorship”).
By signing any associated service agreement, or by using the Website or by clicking to accept or agree to the Terms of Service (when this option is made available to you at checkout), or by accepting any proposal from us relating to Mentorship Services, you accept and agree to be bound and abide by these Mentorship Terms and all other policies on our Website and/or referenced in your contract.
By completing checkout on our website and/or making payment for services and/or accepting any written proposal or contract, you are hereby bound by these Mentorship Terms of Service.
Section 1: Program / Service
Upstart Entrepreneur agrees to provide you Mentorship as defined in your online shopping cart during the checkout process, service agreement, invoice and/or order confirmation.
We provide several types of Mentorship Services:
- Introductory Mentorship
- 1-on-1 Mentorship
- Packaged 1-on-1 Mentorship (3 Month, 6 Month, 12 Month) – 4 Session Per Month
- Packaged 1-on-1 Mentorship (3 Month, 6 Month, 12 Month) – 2 Session Per Month
- Group Mentorship / Group Training
- Sales / Marketing / Operational Services or Management Services
- Accountability / Q&A Session/s
We reserve the right to extend or reduce our Mentorship Services at our discretion at any time, as well as add additional custom services not listed above, created for a client on a per-situation basis, where such services involve direct or indirect involvement with the client or any person of their team, including customers, suppliers and partners. All such additional services will fall under this Mentorship Policy, and is considered a form of Mentorship.
As a condition of participating in the Mentorship, you agree to be bound by and to abide by all policies and procedures set out in this Mentorship Policy, including those incorporated by reference.
As part of the Mentorship, we provide the following to you:
- Access to a mentorship booking page displaying our available calendar times that will allow you to schedule your Mentorship Sessions at a date/time convenient for you, subject to our availability. This option is only applicable to 1-on-1 Mentorship Sessions.
- Access to the rescheduling/cancellation links of Mentorship Sessions that will allow you to reschedule Mentorship Sessions automatically or cancel them. This option is only applicable to 1-on-1 Mentorship Sessions.
- Email reminders a day before your Mentorship Session or 1 (one) hour prior to your mentorship session.
- Access to live Mentorship Sessions via Zoom based on the package you selected.
You understand and accept that there is an application process as part of signing up for Mentorship Services, and that acceptance of you as a Mentee is at the sole discretion of the Mentor and his/her availability.
You voluntary associate yourself with Upstart Entrepreneurs for Mentorship upon purchasing any Mentorship Service.
The scope of Mentorship in terms of your goals and expectations will be set at the first Introductory Mentorship Session with your Mentor and may change as Mentorship progresses and as your goals, requirements or expectations change.
You confirm that you understand what is included in the Mentorship Service you have selected prior to purchasing.
You understand that your Mentor is there to advise and guide you, and not to do the work for you, and is not an employee of you or your company.
You understand that your mentor is sharing his/her skills, expertise, and knowledge to the best of his/her ability and offers no guarantees whatsoever. Please refer to our Disclaimer for more information.
You understand that you have the right to accept or reject any advice given at your sole discretion, and the choice to implement any advice, resources, documentation, information, tips, and/or guidance is at your discretion.
You understand that any decision you make to accept, reject and or delay implementing, any advice will have a direct impact on your results, and you accept full responsibility for those results.
You understand that you are required to come prepared to any mentorship session, with any information, documents, materials, communications, etc that your Mentor may require, or has requested from you, in order to effectively mentor you. We do not accept any responsibility of any kind as a result of you being unprepared for a session.
Section 2: Bonuses
From time to time, we might offer bonuses to individuals who sign up for the Mentorship. You shall be entitled to any bonuses offered to you at the time of your enrolment. Bonuses are not guaranteed to be available for the entire lifespan of the Mentorship and they vary depending on specific live and automated promotions throughout the year.
Section 3: Introductory Mentorship Session
Introductory Mentorship Sessions are free or discounted sessions that allows you the opportunity to evaluated your Mentor, including his/her skill, expertise, knowledge and ability to help you.
You agree and confirm that you are aware of this Introductory Mentorship Session, and that should you purchase any Mentorship Service that you are doing so based on your own personal evaluation of your Mentor and your confidence that he/she has the necessary skills and expertise to advice you.
You understand that your purchase of any Mentorship Sessions after your Introductory Mentorship Session (whether your take this free Introductory Mentorship Session or not) is confirmation from you that you are happy with the level of skills and expertise your Mentor has to offer, and his/her ability to deliver against your requirements.
Introductory Mentorship Sessions can be scheduled as individual sessions or group sessions at our discretion.
Each guest, user, visitor, and/or customer is only entitled to 1 (one) Introductory Mentorship Session.
Section 4: 1-on-1 Mentorship Sessions
1-on-1 Mentorship Sessions will be held online using Zoom (or equivalent), as specified by your mentor, with full audio and video feed.
You agree to allow full audio and video feed during 1-on-1 Mentorship Sessions, in order to make the Mentorship more effective.
You agree to allow us to record any 1-on-1 Mentorship Sessions as per our Terms of Use, at our discretion, and you understand that we are not required to share such recordings with you, nor required to keep all recordings, at our discretion.
You understand that it is your responsibility to ensure that you have a reliable internet connection with sufficient bandwidth to accommodate a video/voice conference with your Mentor.
In the event that a session is terminated due to your internet going down, or your bandwidth not being sufficient resulting in the inability to continue Mentorship effectively it will count as a full session and be deducted from your total number of 1-on-1 Mentorship Sessions available, at your Mentor’s discretion, and you understand that you cannot request a refund as a result of this or make such session up later.
Rescheduling of a session in the event of bandwidth being inefficient or internet going down during a Mentorship Session, is at the sole discretion of your mentor and his/her availability.
Inviting friends, family, colleagues, associates, partners, or any other person to participate in a single mentorship session is prohibited, unless such is request by your Mentor, or approved by your Mentor upon request, or part of a mentorship service that is provided. Approval of such is at the sole discretion of your Mentor.
Section 5: Group Mentorship Sessions
Group Mentorship Sessions will be held online using Zoom (or equivalent), as specified by your mentor, with full audio and video feed.
You agree to allow full audio and video feed during Group Mentorship Sessions, in order to make the Mentorship more effective.
You agree to allow us to record any Group Mentorship Sessions as per our Terms of Use, at our discretion, and you understand that we are not required to share such recordings with you, nor required to keep all recordings, at our discretion.
You understand that it is your responsibility to ensure that you have a reliable internet connection with sufficient bandwidth to accommodate a video/voice conference with your Mentor.
In the event that your session is terminated due to your internet going down, or your bandwidth not being sufficient resulting in the inability to continue Mentorship effectively, this will still count as attended and deducted from your total number of Group Mentorship Sessions available, and you understand that you cannot request a refund as a result of this.
You understand that you do not have the ability to reschedule a Group Mentorship Session for any reason whatsoever.
In the event of your Mentor's bandwidth being inefficient or internet going down, or any other technical issue suffered by your Mentor during a Mentorship Session, the session will be rescheduled by your Mentor subject to his/her availability.
Inviting friends, family, colleagues, associates, partners, or any other person to participate in a Group Mentorship Session is prohibited, unless such is request by your Mentor, or approved by your Mentor upon request. Approval of such is at the sole discretion of your Mentor.
Section 6: Additional Services
Additional Services include any work your mentor does for you and/or your business or that does not form part of the mentorship role as defined in this agreement and is considered "Done for You" Services unless where there is a policy clearly defining such service.
Your mentor may, at his/her discretion, bill you for such services at the standard mentorship fee or other specific "Done for You" service fee, before, during or after completing such work, at any time, or may, at his/her discretion, substitute sessions in exchange for such work being completed on your behalf.
In the event of substitution of sessions in exchange for "Done for You" services, this means that you may forfeit sessions in exchange for any "Done for you" services. The number of sessions substituted will coincide with the number of hours your Mentor spends on such "Done for You" Services.
You understand that when your mentor is not billing you for specific work done, it would by default be considered a substitution of sessions in exchange for services rendered, without the need for your Mentor to advise you of such, which will be removed from your total number of sessions available to you over your mentorship period. Your Mentor may, at the end of the mentorship period, choose to enforce this, at his/her discretion.
Section 7: Session Duration
You understand that the duration of your Mentorship Session is as per that specified in the Mentorship Services you have purchased or signed up for, as listed on the product page and/or order information, and is usually 90 minutes unless otherwise specified.
You understand that your Mentor may extend the session at his/her discretion, and that this would be at no cost to you, subject to his/her availability. The time that your Mentor extends the session by is at the sole discretion of your Mentor.
You understand that in the event that your Mentor does extend a session for you, that this is not the norm, and should not be expected from each session.
Your Mentor may advise you, if applicable and at their discretion, that should extensions be more than 90mins, that it would count as a separate session and be deducted from your total number of sessions available. The mentor is required to advise you of this prior to extending the session and requires your approval before doing so.
Section 8: Scheduling
Upon purchasing Mentorship Services, you will be either be redirected to a booking form to schedule the session/s in advanced that you have purchased or be sent an email with a link to schedule the session/s in advance that you have purchased.
You will be required to pick a date/time when you and your mentor are available on our booking system, and the system will automatically confirm the availability of your Mentor.
You understand that it is not your mentor's responsibility to book your sessions for you, and if he/she does it on your behalf you agree upfront that it is with your full consent and at your mentor's discretion.
In the event that your Mentor is not available on the date/time you wish to select, you may request a new date/time (see rescheduling) after scheduling your initial sessions by email to your mentor to see if he/she can accommodate you at another time, however such decision will be at the sole discretion of the mentor, and if he/she is unable to accommodate you, you will be required to pick another available date/time slot or keep the original date/time.
We reserve the right to open/close more available booking slots or close available booking slots, at our discretion.
Section 9: Rescheduling
You commit to respecting the time of your Mentor and accept and understand that any rescheduled or cancelled sessions do adversely affect your Mentor with potential ripple on effects that affects time available with others.
In the event that you need to reschedule or cancel a Mentorship Session, you are required to do so within 2 (two) hours of the Mentorship Session. Failure to do this can result in your mentorship session being deducted from your total amount of Mentorship Sessions available as part of your package (if applicable) at your Mentor's discretion.
To reschedule you will be required to follow the Reschedule link provided in the email of confirmation of the session you want to reschedule, and select a new date/time and provide a reason for such rescheduling, which may or may not be accepted by your mentor at his/her discretion.
Any particular Mentorship Session may only be rescheduled twice and needs to fall within the timeframe of the package you selected. As an example, if you purchased a monthly mentorship package, you are required to reschedule your sessions within that month or if you have purchased a 3 month mentorship package it needs to be within the 4 months since purchasing. It is important to note that allowing rescheduling of a session is at the discretion of your mentor.
In the event that you are not available to attend the scheduled sessions, or have not allocated someone else within your business to attend on your behalf, and have not requested that such sessions be rescheduled, or that you are unable to reschedule the sessions for whatever reason, you understand that you will still be billed for those session (if applicable) and that those sessions will still count towards your total number of available sessions based on the mentorship service you have selected.
Any exceptions to our rescheduling terms are subject to exceptional circumstances and at the discretion of your Mentor.
Section 10: Roll-Over Sessions
In the event that you have purchased a multi-month Mentorship Sessions on a subscription that carry on for 2 or more consecutive months, then you are able to roll-over a session from one month to the other as long as all your sessions are taken within the timeframe allocated for all your sessions.
As an example only, if you purchased a 3 month 1-on-1 mentorship package, you can have elect to do 3 (three) sessions the first month, 3 (three) sessions the second month, and 6 (six) sessions the last month.
Only your mentor may allow extensions beyond the allocated timeframe at his/her discretion, and is only valid if in writing.
Roll-overs only apply to monthly Mentorship Sessions extending past 2 or more months.
Section 11: Roll-Over Sessions
In the event that you have purchased a multi-month Mentorship Sessions on a subscription that carry on for 2 or more consecutive months, then you are able to roll-over a session from one month to the other as long as all your sessions are taken within the timeframe allocated for all your sessions.
As an example only, if you purchased a 3 month 1-on-1 mentorship package, you can have elect to do 3 (three) sessions the first month, 3 (three) sessions the second month, and 5 sessions the last month.
Only your mentor may allow extensions beyond the allocated timeframe at his/her discretion, and is only valid if in writing.
Roll-overs only apply to monthly subscription-based Mentorship Sessions.
Section 11: Mentors
Whilst your Mentor has experience and can provide mentorship as to how he/she would deal with any specific goals or challenges you might have, the advice provided by the mentor or in any of the resources provided via your mentor is not intended as, and shall not be understood or construed as, professional advice, but rather their opinion on what your should do based on their own experiences and knowledge.
As set forth more fully in the Disclaimer, we have done our best to ensure that the information and advice provided by your Mentor is accurate and provides you with valuable information, but we cannot guarantee the accuracy of the information. Neither the Mentor nor Upstart Entrepreneur, nor any of its owners or employees shall be held liable or responsible for any errors or omissions in any advice given or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.
While the Mentors of Upstart Entrepreneur are professionals and the information and advice provided relates to issues within the Company’s area of professionalism, the information and advice provided by your Mentor is not a substitute for advice from a professional who is aware of all the facts and circumstances of your individual situation.
We are committed to ensure to the best of our ability that the information and advice provided by your mentor and the resources provided are as accurate as possible and provide valuable information.
Regardless of anything to the contrary, nothing available on or through your Mentorship Sessions should be understood as a recommendation that you should not consult with a professional to address your particular information. We expressly recommends that you seek advice from a professional if you feel you Mentor does not have the personal know-how on your individual situation.
Neither Upstart Entrepreneur nor any of our Mentors, employees or owners shall be held liable or responsible for any errors or omissions conveyed during any Mentorship Session or for any damage you may suffer as a result of you failing to seek advice from a professional who is familiar with your specific situation, or as a result of you not making your Mentor aware of all the details of your situation. Please refer to our Terms of Use for our Limitation of Liability and Warranties and Guarantees clauses, as well as our Disclaimer.
By using our Mentorship Services, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information or advice provided by your Mentor, including any resources shared with you. You agree to use judgment and conduct due diligence to verify any information before taking any actions or implementing any plans or advice suggested or recommended by your Mentor.
We have taken reasonable steps to ensure that your Mentor has the relevant experience and knowledge to be able to assist you to the best of his/her ability, but we cannot represent his/her advice will be free of errors.
You expressly agree not to rely solely upon any information and advice given by your Mentor.
Section 12: Mentor Role
Your mentor's role is to provide you with advice based on their own personal experience and/or expertise, and provide recommendations that you could, at your discretion, implement.
Your mentor's role is NOT to do the work for you, and in the event that your mentor is required to assist you with setting up, testing, creating, designing, developing, managing, distributing, or operationally doing, etc in/on any systems, creative, copy, data, etc then such would be considered "additional services" which your mentor may, at his/her discretion, bill you for at any time before, during or after providing such services and is not required to provide a quote beforehand unless specifically requested by you in writing.
If you are unsure about any role or responsibilities, it is your responsibility to ask your mentor for clarification should you require any additional services.
Section 13: Recordings
You understand and agree that Upstart Entrepreneur reserves the right to record any sessions at our discretion.
These recordings are confidential and are created solely for internal use. Their primary purpose is to assist your Mentor and team members in tracking deliverables, client input, strategic adjustments, and action points across your business.
We do not guarantee access to these recordings, nor are we obligated to provide them to you. Access to session recordings is granted solely at the discretion of the Mentor. Clients may request a session summary or written overview of key points if needed, and we may, at our discretion, generate such feedback using internal notes or AI-generated insights.
This does not replace your responsibility to take notes during each session, and we are not obligated to provide recordings, transcripts, or formal reports unless this has been explicitly scoped in your agreement.
If the Client chooses to record any session independently, such recordings must be treated as strictly confidential. You may not share, distribute, publish, or excerpt these recordings for any purpose, commercial or otherwise, without our prior written consent.
Section 14: Being Late
You understand that should you be late for a Mentorship Session, that you will only have the time available from the allocated time left with your Mentor.
In the event that your Mentor is running late, he/she are required to advise you and ensure that your session is extended by the appropriate time to ensure you get your full time allocated.
If the Mentor, at his/her discretion, is running late and feels that it is better to reschedule the session, he/she may do so at their discretion, subject to the clauses in the Cancellation and Rescheduling section of this document.
Section 15: Disclosure
You understand and acknowledge that in order for Upstart Entrepreneur to deliver you Mentorship Services effectively, you are required to disclose and provide all information, access, assets, and materials that may be reasonably requested by your assigned Mentor.
This may include (but is not limited to) access to platforms, data, branding assets, product details, target audience insights, marketing, logistics and operation processes and systems, business goals, promotional timelines, and any other information relevant to executing the strategy and deliverables.
You acknowledge that failure to provide accurate, complete, and timely information may directly impair our ability to perform services, meet deadlines, or provide recommendations and deliverables that are aligned with your objectives. We will not be held responsible for delays, errors, or reduced performance resulting from withheld, inaccurate, or late information.
All information you share with us, as well as any advice, documentation, reports, or strategies you receive from us, is protected under the Confidentiality and Non-Disclosure clauses of this agreement.
You agree to maintain transparent and prompt communication with your assigned Mentor and to promptly notify us of any changes to your business, that may affect your Mentorship.
Section 16: System Access Control
During the course of the Mentorship, your Mentor may require access to your business systems in order to review and analyse data, provide informed guidance, and support strategic decisions. These systems may include, but are not limited to, eCommerce platforms, social media accounts, paid advertising accounts, email marketing platforms, cloud storage systems, financial dashboards, logistics platforms, CRM tools, operational software, and any other relevant platforms used in the day-to-day running of your business.
Where applicable, Upstart Entrepreneur will be added as a partner account, particularly on systems where we are officially registered partners (such as Meta, Google, TikTok, Shopify, and others). Partner accounts come with default access restrictions which may, in some cases, require additional permissions to perform or view specific actions.
Where a partner account is not possible, the client will be required to provide user access to their systems with the appropriate permissions necessary to fulfil the requirements of the Mentorship. Your Mentor will clearly advise you on the level of access required per system, based on the actions they need to perform or data they need to review. It remains the client’s responsibility to ensure these permissions are provided in a timely manner.
In the event that sufficient access is not granted, the client understands they will be required to extract and submit relevant information manually upon request. Upstart Entrepreneur will not be held liable for any delays or inaccuracies in advice resulting from lack of access to accurate or complete information.
The client acknowledges that ownership of all systems remains entirely with them, and that at no point will Upstart Entrepreneur or your Mentor claim ownership, assume full control, or take over any account or system. Audit logs on supported platforms may be referenced for transparency. Your Mentor will not add, remove, or modify users within your systems unless specifically instructed to do so in writing and with the required access in place.
At the conclusion of your Mentorship, you may remove access to all systems. However, please be aware that in doing so, any benefits provided as a result of Upstart Entrepreneur being registered as a partner—such as platform-specific features, discounted pricing, priority support, or partner perks—may be lost. In some cases, this could result in higher fees or restricted features from those platforms.
If you choose to terminate Mentorship but wish to keep Upstart Entrepreneur listed as a partner account to retain associated benefits, you may request this through your Mentor. If approved, we commit to not managing, maintaining, optimising, or altering any aspect of your accounts unless requested in writing by you.
Section 17: Intellectual Property Rights
During the course of Mentorship, both parties may share or be exposed to content, concepts, materials, systems, methods, strategies, or other intellectual property (“IP”) that are proprietary in nature and considered confidential information. The intent of this section is to clearly define the rights and responsibilities of both parties regarding such intellectual property.
Your Intellectual Property
Any content, branding, materials, documents, or business-related IP that you have created or own prior to or outside of this Mentorship engagement remains entirely your property. Upstart Entrepreneur does not claim any ownership or rights over your systems, content, business processes, or brand assets.
We may request access to your materials solely for the purpose of reviewing, analysing, or improving them in line with the objectives of the Mentorship. Access does not constitute ownership, and we will not reuse or redistribute your intellectual property outside of this engagement.
Our Intellectual Property
All tools, templates, strategies, documents, frameworks, techniques, and other IP created by Upstart Entrepreneur and/or shared with you during the Mentorship remain the exclusive property of Upstart Entrepreneur.
You are granted a limited, non-exclusive, non-transferable license to use any such content, guidance, and materials only within your own business, and only as directed by your Mentor. These resources are provided for your personal and professional growth and may not be reproduced, shared, sublicensed, published, distributed, or used to train others without prior written consent.
This includes, but is not limited to:
- Frameworks and business models provided during sessions
- Strategic plans, content templates, or marketing systems
- Proprietary processes and naming conventions
- Any materials shared via email, Google Drive, Notion, or other digital channels during the Mentorship
Sharing or teaching Upstart Entrepreneur’s strategies or frameworks outside of your own business, for example, to other business owners, competitors, or in training environments, is considered a breach of these terms and may result in termination of your Mentorship and/or legal recourse.
Mutual Respect of IP
Each party agrees not to replicate, distribute, claim ownership of, or otherwise misuse the other party’s intellectual property. You retain full ownership of your business and materials, and we retain full ownership of ours. We trust that, as with all parts of this relationship, mutual respect applies here too.
Logo & Brand Reference Use
Subject to prior written agreement, either party may use the other’s name and/or logo for reference, testimonial, or case study purposes. Such use shall not constitute a breach of this Intellectual Property clause. Any public-facing use of brand assets will always require mutual written approval beforehand.
Section 18: Payments
All payments for Mentorship Services are made in in lieu of Mentorship Services to be received, and only at your mentor's discretion in writing, for Mentorship Services already provided.
In the event of payment plans where you have been offered the option to pay your fee over a specified period, you understand that you are liable for the full payment for the duration of the repayment period immaterial if you attend any mentorship sessions or not. The payment period is decided by and at the discretion of your mentor, and you understand that you cannot dictate or amend the payment period.
In the event of reoccurring/installment billing, where you are required to pay monthly, you are required to ensure that sufficient funds are in your account at the scheduled reoccurrence date to cover your mentorship fees.
In the event that you are invoiced in lieu of mentorship already provided, to be provided, or made available, you are required to pay such invoice on the due date specified on the invoice, and understand that you have no right to withhold payment for any reason, whether you attended sessions or not.
You understand that all reoccurring Mentorship Services are subscription services that will automatically renew at the end of the specified period, that that you will be billed for the next period automatically, on the same package you were on before. Any such automatic renewal will extend until cancelled by you. Should you wish to cancel the renewal of your contract you need to give notice in writing at least 1 (one) calendar month before the end of the contract term.
You may not cancel or avoid these payment plans/subscription/reoccurring payments for the duration of the contract period, or payment period, except through the Refund Policy.
To cancel any reoccurring
Section 19: Non-Payment
You understand that you are liable for all payments due in lieu of services to be provided or services already provided on the due date specified in/on your subscription and/or invoice.
You understand that if you are paying monthly, that it is an instalment against the total value owed and not a month-to-month subscription.
In the event that a payment fails authorisation or processing for whatever reason, you will still be liable for the outstanding amount, and we reserve the right to debit your preferred payment method at our discretion for any outstanding monies.
We reserve the right to put any and all sessions on hold until payment has been authorised and processed.
In the event of reoccurring/subscription billing, where you are required to pay monthly, you are required to ensure that sufficient funds are in your account at the scheduled reoccurrence date to cover your mentorship fees.
In the event that you are invoiced in lieu of mentorship already provided, to be provided, or made available, if you fail to make payment by the due date, we may, at our discretion, automatically debit your preferred payment method for the full amount outstanding, and by accepting any of our mentorship services you provide us with full permission to do so.
In the event that the mentor provided additional services beyond that which is required from a mentor as defined in this agreement, the mentor may, in the event of non-payment, also claim the costs of any additional services provided and/or time spent with the client, their business, staff, customers, suppliers, and/or partners, where such services were requested, or expected, or required by the customer, and whether or not a quote was provided, and the cost of such will be invoiced to the client at standard hourly mentorship rates, and become immediately payable.
You understand that we are not a bank and as such do not offer loans, and that any monies due to us are not charged at bank credit interest rates or federal repo rates, but based on a 28% interest, and may exclude any monthly service fees or other applicable fees applicable to service the debt.
In the event that any payment is not made, we may at out discretion immediately suspend your access to the Mentorship Services and may at our discretion pursue recovering any monies owed as per the clauses listed in these Mentorship Terms.
Section 20: Methods Of Payment
If you elect for the subscription or payment plan, you hereby authorize us to charge your credit card or debit card automatically according to the terms set forth in the Payments section above.
Regarding recurring payments and outstanding invoices: If all eligible payment methods we have on file for you are declined for payment of your monthly fee, you must provide a new eligible payment method promptly or your Mentorship Services will be cease and any outstanding monies will become due in full.
You understand that our system with automatically retry billing your payment method on file in the event of a failed payment at pre-defined increments as we define on our payment gateway.
If you do not request a refund within the terms specified within the Refund clauses of these Mentorship Terms with the required documentation at the time of your refund request, you are required by law to complete the remaining payments of your payment plan and you understand that your membership will automatically continue and you authorize us (without notice to you, unless required by applicable law) to collect any and all outstanding receivables, using any eligible payment method we have on record for your account.
Section 21: Increases
Upstart Entrepreneur reserves the right to increase prices for services at their discretion.
In the event of increases, your active mentorship rates will not be affected, and increases will only come into effect when you renew your mentorship at the end of your mentorship period, or when a new contract is initiated.
In the event that your mentorship services are due for renewal and an increase will apply, you will be offered the option to renew such services at the new rates applicable for the mentorship services you request. Your mentor may, at their discretion, offer you old rates or a discounted rate, for a limited period. However, such an agreement is only valid for a limited time and at the discretion of the mentor to define that time period and the terms associated with such.
Section 23: Resolution Of Disputes
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to our Mentorship Services, or any associated services.
To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only either as per our Dispute Resolution and Arbitration clauses in our Terms of Use OR in the state or federal courts that are geographically nearest to Wilmington, Delaware, The United States of America.
Section 22: Refund Policy
We want you to be satisfied with your purchase, but we also want you to give your best effort to apply all the advice and recommendations given by your mentor.
You understand that Mentorship does not always provide immediate results, and that depending on the type of advice provided could take weeks and often months to show results. Your Mentor will provide you these guidelines during your Mentorship Sessions.
Refunds only apply to new customers purchasing Mentorship Services for the first time, and are not applicable to renewals, extensions, upgrades and/or downgrades, or any other type of contract where you have purchased Mentorship Services in the past.
You may only request a refund based on the following 2 (two) options:
Option 1: In the event that you decide your purchase was not the right decision within 48 (forty eight) hours of making your purchase but 24 (twenty four) hours prior to your first session.
In order to qualify for this you need to:
- Provide a motivation relating to exceptional circumstances that is causing you to cancel your Mentorship Sessions.
- Allow us the opportunity to address any concerns you might have via a online meeting.
If accepted you will qualify for the following refund:
- Full refund of the amount you paid.
- The refund will be processed at the end of the week by issuing an instruction to our payment processed to issue a refund. You understand that we do not control the payment processor's timelines for refunds and will not be able to expedite any funds.
Option 2: Within 5 (five) days after completing of your first session but 24 (twenty four) hours prior to your next scheduled session.
In order to qualify for this you need to:
- Provide evidence of having implemented and actioned the advice given by your mentor.
- Provide evidence that the advice given and actioned has not worked within the timelines specified by your mentor.
- Allow us the opportunity to address any concerns you might have via a online meeting.
If accepted you will qualify for the following refund:
- Full refund of the amount you paid less the cost of any sessions you have had pre-date of the request for refund (whether attended or not), each at the cost of an individual 1-on-1 mentorship session.
- The refund will be processed at the end of the week by issuing an instruction to our payment processed to issue a refund. You understand that we do not control the payment processor's timelines for refunds and will not be able to expedite any funds.
If you receive a refund from the purchase of our Mentorship Services through this money-back guarantee, that shall immediately terminate any and all licenses granted you to use the materials or resources provided to you under these Mentorship Terms and our Terms of Use.
You shall immediately cease using the material or resources provided you, and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.
All refunds are discretionary as determined by Upstart Entrepreneur. To further clarify, we will not provide refunds after the timelines specified above and all payments must be made on a timely basis.
If payments are not made on time, you agree to pay interest on all past-due sums.
If you have any questions or problems, please let us know by contacting us directly at hello@upstart-entrepreneur.com or reaching our to your assigned Mentor.
Section 23: Cancellation (Voluntary Exit by Either Party)
Cancellation refers to the voluntary decision by either the Client or Upstart Entrepreneur to discontinue one or more Mentorship Services, either at the end of the fixed contract term or before the contract’s natural expiry, for reasons not related to breach, misconduct, or failure to perform contractual duties.
All Mentorship Services are contracted on a fixed-term basis, typically over 3, 6, or 12 months, as specified in your proposal, invoice, or service agreement. Your agreement may cover one or multiple services, and cancellation may apply to individual services or your full package.
Cancellation by the Client
You may cancel one or more services, or the entire agreement, by providing at least one full calendar month’s written notice via email to your assigned Mentor or director within Upstart Entrepreneur.
- The notice must constitute a full calendar month (e.g. cancellation notice received on 10 March takes effect 1 May).
- During this notice period, all services and billing will continue as normal.
- Any outstanding invoices or payments remain due and payable.
If you cancel prior to completing your agreed term, you will remain fully liable for the total contract value, unless otherwise agreed in writing by Upstart Entrepreneur.
In cases where you received discounted pricing, bundled rates, or other promotional incentives in exchange for committing to a longer-term agreement, and you cancel before the full term is fulfilled, Upstart Entrepreneur reserves the right, at our sole discretion, to either:
- Enforce payment of the remaining contract value in full; or
- Recalculate the total fees owed by applying our standard month-to-month pricing for all services already delivered, and invoice the difference accordingly.
This right applies whether cancellation is initiated by you or by Upstart Entrepreneur for any permitted reason. No refunds or credits will be issued unless specifically agreed to in writing. This provision also applies in cases of partial cancellation (e.g. removal of specific services while others continue).
Cancellation by Upstart Entrepreneur
Upstart Entrepreneur reserves the right to suspend or cancel any service, or the full agreement, with immediate effect, if:
- You fail to make payments on time
- You breach any clause in this agreement
- You engage in behaviour that is hostile, unethical, illegal, or obstructs service delivery
- You misuse the service, platforms, or communication channels in a way that undermines our team or affects delivery
In such cases, your cancellation will be treated as a termination for cause, and you will remain fully liable for the total contract value, unless otherwise agreed in writing by Upstart Entrepreneur.
If your agreement included discounted rates or promotional pricing, and we cancel due to your breach or conduct, we reserve the right, at our sole discretion, to either:
- Enforce the full remaining contract value as originally agreed; or
- Recalculate your billing based on our standard monthly pricing from the start of the agreement and invoice the difference accordingly.
This protects us against the misuse of long-term discount structures and ensures fair recovery for services already rendered.
Cancellation does not affect any obligations that survive termination, including but not limited to outstanding payments, intellectual property protections, confidentiality, and dispute resolution clauses.
Section 24: Termination (For Breach or Misconduct)
Termination refers to the immediate or agreed and enforceable ending of one or more services within your agreement by either party due to breach, misconduct, or failure to meet contractual obligations. Termination may apply to specific services or to the agreement as a whole.
This agreement may be terminated by either party in accordance with the terms set forth below. Termination may apply to the entire contract or only to specific services within it, as determined by the context of the termination request or enforcement.
Termination by the Client
Clients may terminate their digital marketing services at the end of their fixed-term contract by providing a minimum of one (1) calendar month’s written notice prior to the contract renewal date. Notice must be submitted via email to your Digital Marketing Manager and acknowledged in writing to be valid.
Early termination (prior to the contract end date) is permitted only at the sole discretion of Upstart Entrepreneur. In such cases, the Client agrees that one of the following will apply, as determined by Upstart Entrepreneur:
- The full remaining contract value will become immediately due, and no further services will be rendered; or
- A recalculated invoice will be issued, charging all services rendered to date at their full standard month-to-month pricing, with the discount previously provided being reversed. The difference will be invoiced and due immediately.
This clause applies whether the termination is for all services or specific components of your service agreement.
Where a Client requests termination after monthly payments have already been made, no refund or credit will be issued for unused time unless specifically agreed in writing by a Director of Upstart Entrepreneur.
Termination by Upstart Entrepreneur
Upstart Entrepreneur may terminate your services immediately and without further notice under the following circumstances:
- You fail to make payment or maintain good standing under our Payment Terms;
- You breach any material term of this agreement or its related policies;
- You engage in conduct deemed abusive, threatening, or obstructive to any member of our team;
- You misuse our services in a way that could cause reputational, legal, or financial harm;
- You solicit or attempt to hire our team members in violation of the Non-Solicitation clause;
- You commit a crime;
- You become insolvent or enter into bankruptcy proceedings;
- You repeatedly fail to provide necessary access, approvals, or deliverables despite reminders.
- You restrict our ability in any way to delivery the Services we have been contracted to deliver.
In the event of such termination, the Client remains liable for the full contract value of all services contracted, regardless of usage or completion status, unless otherwise agreed in writing by Upstart Entrepreneur.
We reserve the right, at our discretion, to recalculate the value of services delivered at our standard month-to-month pricing and invoice the difference, as outlined in the Cancellation and Refund Policy. This clause applies whether termination is initiated by the Client or Upstart Entrepreneur.
No refunds, partial credits, or early release from contract obligations will be provided unless explicitly agreed by a Director of Upstart Entrepreneur.
Section 25: Effect of Cancellation or Termination
The following applies regardless of whether your services end due to cancellation or termination:
- All access to our services, deliverables, and shared systems will be revoked on the final date of service.
- This includes access to content calendars, project boards, dashboards, campaign files, folders, and strategy documents.
- Any active campaigns (ads, emails, social posts, etc.) will be paused, archived, or handed over in a platform-compliant manner.
- You are responsible for downloading or requesting final assets or reports before your final service date. We are not obligated to retain or recover materials once the agreement ends.
- No sessions, meetings, or deliverables missed due to cancellation or termination will be rescheduled or refunded, unless agreed in writing.
- An optional offboarding session may be arranged, subject to our availability and at the discretion of your Digital Marketing Manager. This may incur additional costs.
Cancellation or termination does not affect any obligations that survive the end of this agreement, including but not limited to outstanding payments, confidentiality, dispute resolution, intellectual property protections, and non-solicitation.
Section 26: Offboarding & System Access Security
Upon the conclusion or termination of Mentorship Services, whether initiated by the client or Upstart Entrepreneur, both parties agree to follow a fair and secure offboarding process to ensure the protection of business systems, data, and intellectual property.
Each party agrees to the following:
- To promptly remove or revoke access for the other party from any systems, platforms, or tools that were accessed during the Mentorship engagement.
- To return or securely delete any stored login credentials, admin tokens, or shared access previously granted for business use.
- Not to retain, share, or make unauthorised use of passwords, access links, or stored credentials provided during the course of the Mentorship.
- Not to use any third-party tools, browser extensions, or systems that allow for continued or hidden access (“backdoor” access) to platforms or systems without full disclosure and permission from the other party.
- To provide reasonable confirmation, upon request, that all shared credentials have been removed, deleted, or otherwise disabled as appropriate.
Both parties acknowledge that unauthorised access, data scraping, credential misuse, or any attempt to gain continued access to business systems without explicit permission will be treated as a serious breach of contract and may result in legal action under applicable laws.
This clause shall survive the termination of the Mentorship Agreement and remain enforceable for the protection of both parties’ business integrity and data security.
Section 27: Resolution Of Disputes
Upstart Entrepreneur is committed to resolving all concerns, disagreements, and disputes in a fair, respectful, and timely manner.
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to our Mentorship or Marketing Services, including any associated deliverables, communications, or strategies provided as part of those services.
Dispute Notification & Process:
Should a dispute arise, both parties agree to the following mandatory steps before pursuing arbitration or legal action:
- Written Notice:
The aggrieved party must submit written notice of the dispute to hello@upstart-entrepreneur.com, clearly outlining the issue, proposed resolution, and any supporting documentation. -
Initial Resolution Attempt:
Upon receipt of the notice, both parties agree to attempt good-faith resolution within 7 (seven) - 14 (fourteen) business days, either:- In writing via email correspondence, AND
- Via a live Zoom or equivalent online meetings. This step is compulsory prior to invoking arbitration or initiating formal legal proceedings.
- Obligation to Participate in Resolution Process:
Both parties agree to fully engage in the resolution process without undue delay. If a party fails to respond or participate in this process, the other party reserves the right to escalate the matter to arbitration. -
Arbitration (If Unresolved):
If no resolution is achieved through the above steps, the matter may be referred to binding arbitration, held in Wilmington, Delaware, USA, and facilitated by a neutral arbitrator appointed by Upstart Entrepreneur.- The party initiating the arbitration will bear the full cost of arbitration unless otherwise ruled by the arbitrator.
- The arbitrator’s decision will be final and binding, and both parties agree to comply fully with the outcome.
Ongoing Obligations During Dispute:
- Payments & Services Must Continue:
All agreed service payments, deliverables, and obligations remain in force during the resolution process. Clients may not pause, reduce, or cancel services or payments due to a dispute unless explicitly authorised in writing by a Director of Upstart Entrepreneur. - No Refunds or Credits During Dispute:
Refunds, credits, or session reschedules will not be offered while a dispute is active unless specifically approved by Upstart Entrepreneur. - Missed sessions or deadlines due to dispute engagement will not be made up, unless agreed upon in writing.
Restrictions, Limitations & Client Liability:
If the Client restricts, delays, or withholds access, content, approvals, or collaboration required for Upstart Entrepreneur to fulfil its duties under this agreement, the Client assumes full liability for any resulting delays, performance impact, or loss of results. Upstart Entrepreneur will not be held responsible for underperformance or non-delivery caused by such restrictions.
Confidentiality & Conduct During Dispute Process
Both parties agree to conduct themselves professionally and in good faith throughout any active dispute, and to respect the confidentiality and integrity of the resolution process.
Accordingly, both parties agree to the following restrictions:
- Non-Disclosure of Dispute: Neither party shall disclose, share, or discuss the details of the dispute, whether publicly or privately, orally or in writing, in a manner that may harm the business, reputation, or credibility of the other party. This includes posts, messages, or reviews on social media platforms, websites, forums, or private groups.
- No Negative References or Reviews: Neither party shall publish or share negative references, testimonials, reviews, or commentary regarding the other party, their staff, or their services while a dispute is active or after its resolution, where such commentary relates directly or indirectly to the dispute.
- No Forced Financial Action: The Client agrees not to initiate any forced refund, chargeback, reversal, or complaint with a bank or payment processor regarding disputed amounts until the arbitration or internal resolution process is fully concluded. Doing so will be considered a material breach of these Terms.
- Continuity of Payment Obligations:
All active debit orders, recurring invoices, or outstanding payments for services already rendered or scheduled will continue uninterrupted during the dispute period. The Client may not delay, cancel, or withhold payment based on the existence of a dispute unless expressly approved in writing by a Director of Upstart Entrepreneur. - Enforcement of Arbitration Outcomes:
Both parties agree to comply in full with the decision of the arbitrator, including any financial or procedural directives, and to do so within the timeframes specified. Failure to do so will be considered a breach of these Terms.
Breach of These Terms:
If either party breaches any of the conditions listed above, the aggrieved party may seek damages and monetary relief to the maximum extent permitted by law. This includes, but is not limited to, reputational harm, loss of income, legal expenses, and injunctive relief.
Section 28: Limitation Of Liability
To the fullest extent permitted by law, you agree to absolve and hold harmless Upstart Entrepreneur, including its directors, mentors, officers, employees, affiliates, agents, contractors, service providers, licensors, and suppliers, from any and all claims, damages, liabilities, losses, costs, or expenses—whether direct, indirect, incidental, special, consequential, punitive, or otherwise, arising from or related to:
- Your participation in or use of any of our Services (including Mentorship Services) or our Website,
- Any guidance, advice, content, or information provided by your Mentor or accessed through our Services,
- Any business decisions made or actions taken by you as a result of our Mentorship,
- Any interruptions, delays, errors, or omissions in our Services or resources.
This includes, without limitation, any claims for lost profits, lost revenue, loss of data, business interruption, opportunity loss, or costs of substitute services, even if we have been advised of the possibility of such damages.
All content, resources, advice, and recommendations provided through the Mentorship or the Website are provided “as is” and without warranties of any kind, either express or implied. We make no representations or guarantees regarding the accuracy, reliability, suitability, or outcomes of applying any information provided.
In jurisdictions that do not allow the exclusion or limitation of liability for certain damages, our liability shall be limited to the maximum extent permitted by applicable law.
If you are dissatisfied with any aspect of our Services or these Terms, your sole and exclusive remedy is to discontinue use of the Mentorship Services in accordance with the Cancellation clauses of this policy.
Section 29: No Personal Liability
In accordance with established legal principles relating to registered business entities, you acknowledge and agree that no individual, including any director, officer, mentor, employee, agent, contractor, or representative of Upstart Entrepreneur, may be held personally liable for any acts, omissions, advice, guidance, services, or outcomes related to your participation in our Mentorship Services or use of our Website or other Services.
All actions taken under this agreement are conducted strictly in a professional capacity on behalf of Upstart Entrepreneur as a registered business entity. Your sole and exclusive remedy, if any, shall lie against the company itself and not against any individual associated with it.
It is therefore unreasonable, inappropriate, and legally unenforceable to expect or demand personal liability from any individual involved in the delivery or facilitation of your Mentorship Services.
Section 30: Indemnification
You agree to indemnify, defend, and hold harmless Upstart Entrepreneur, its directors, mentors, officers, employees, contractors, affiliates, agents, and service providers from and against any and all claims, liabilities, losses, damages, judgments, awards, costs, expenses, or fees (including reasonable legal fees) arising out of or related to:
- Your breach of these Mentorship Terms or misuse of the Services,
- Your violation of any applicable law, regulation, or third-party rights,
- Any content, information, or material you provide to Upstart Entrepreneur during the Mentorship,
- Your use, misinterpretation, or implementation of any advice, information, strategies, templates, resources, or tools provided as part of the Mentorship Services,
- Your reliance on results, expectations, or outcomes that were not explicitly guaranteed by Upstart Entrepreneur.
You acknowledge that all advice, recommendations, and guidance offered during Mentorship are based on experience and expertise, but outcomes will vary depending on individual circumstances, effort, market conditions, and external factors beyond our control.
As such, you agree that Upstart Entrepreneur shall not be held responsible for your ability, or inability, to implement any of the strategies or achieve specific results.
This obligation survives the termination or conclusion of the Mentorship Agreement.
Section 31: Disclaimer
Please refer to our full Disclaimer available on our website for more information.
You understand and acknowledge that Upstart Entrepreneur, including its Mentors, is not acting as an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, financial analyst, psychotherapist, or accountant.
You further understand that the Mentor has not promised, and is not obligated to:
- Procure or attempt to procure employment, business opportunities, or sales on your behalf;
- Perform business management, operational oversight, accounting, tax consulting, investment advice, or related services;
- Provide psychoanalysis, psychological counselling, or behavioural therapy;
- Act as a public relations representative or manage your publicity;
- Procure interviews, features, media exposure (print, digital, or broadcast);
- Provide access to or introduce you to our full network of contacts, customers, suppliers, media outlets, or business partners.
You acknowledge that no ongoing relationship exists between the parties after the conclusion of the Mentorship Services. Should both parties choose to continue the relationship, a new and separate agreement will be required, or a renewal of the existing services agreed to.
Section 32: Confidentiality
All information, designs, development, formulas, knowledge, documents, reports, databases, systems, discussions, correspondence, processes, and/or agreements relating to products, services, intellectual property, staff, customers, prospects, suppliers, partners, or associates, of either party, is considered and hereunto referred to as Confidential Information.
All information, designs, development, formulas, knowledge, documents, reports, databases, systems, discussions, correspondence, processes, and/or agreements relating to products, services, intellectual property, staff, customers, prospects, suppliers, partners, or associates, of either party, that is within the public domain or already in the possession of the other party or available to the other party by other means, is not considered Confidential Information.
Both parties are forbidden from disclosing any confidential information, whether directly or indirectly, to any person/entity outside of these Mentorship Terms, without written approval from the owner of such confidential information.
Both parties agree not to disclose, publish, utilize, employ, exploit or in any other manner whatsoever use the confidential information, without prior written consent from the owner of such information.
Both parties acknowledge that by sharing confidential information without written permission in any form whatsoever may result in the other party holding such party in breach liable for any loss, action, expense, claim, harm or damage as a result of their actions.
Both parties accept full responsibility for any confidential information in their possession and takes all reasonable precautions to protect such confidential information.
Both parties acknowledge that they are required to let all other parties know immediately of any breach or suspected reach of confidential information, either by themselves, or others they are aware of.
Upon termination of this agreement, by whatever means, both parties will return all confidential information in their possession, in whatever form it may be, to the owners of such confidential information, and ensure that no copies are kept.
You understand that a certain amount of information is kept by Upstart Entrepreneurs for record keeping purposes relating to the Mentorship, and that such information will remain confidential.
Both parties are aware that any breach of the confidentiality clauses in this agreement will be viewed as a serious act, warranting in some cases criminal action, and that the aggrieved party may pursue legal remedies to prevent any breach, or claim compensation in relation to such breach.
Both parties are restricted from sharing confidential information indefinitely.
All employees, managers, directors, shareholders, consultants, and officers, including any partners or associates of either party involved in the mentorship, directly or indirectly, are subject to the same terms and conditions of the confidentiality clauses in this agreement.
Section 33: Your Responsibility
We respect the privacy of our clients and will not disclose any information you provide, except as set forth in these Mentorship Terms.
By participating in our Mentorship Services, you agree to uphold the same level of privacy, respect, and confidentiality. This includes:
- Respecting the privacy of other Mentorship participants and clients. You may not share any personal, business, or strategic information shared by other participants—whether in group settings, sessions, or forums—unless you have received express written permission from that participant to do so.
- Maintaining confidentiality of proprietary materials. The content and resources provided through our Mentorship Services—including strategies, methods, processes, frameworks, templates, and guidance—are considered confidential and proprietary. You may not share, repurpose, distribute, or teach these materials outside of your own business, or with anyone who is not part of the Upstart Entrepreneur team or an authorised participant in your Mentorship.
- Using the materials for your business only. All content is provided for your personal and professional development within your business. Sharing or applying our materials in any external setting (such as other businesses, peer groups, or client work) without written permission is strictly prohibited.
- Committing to the process. You acknowledge that the success of your Mentorship engagement depends on your active participation and willingness to apply the strategies discussed. While we provide guidance and support, your results ultimately depend on your level of implementation, effort, and consistency.
By engaging in our Mentorship Services, you accept these responsibilities as part of maintaining the integrity and value of the Mentorship for yourself and others.
Section 34: Independent Contractor Status
Nothing in these Mentorship Terms, or in any related communications, policies, or services, shall be construed to create a partnership, joint venture, employment, or agency relationship between you and Upstart Entrepreneur, or between you and any of our Mentors, employees, or contractors.
Upstart Entrepreneur is acting solely as an independent contractor in providing access to Mentorship Services, which are designed to offer education, guidance, and general business advice and related support.
You understand and agree that the information, advice, and strategies shared during the Mentorship, including any interactions with Mentors, are not intended to constitute, and shall not be construed as, legal, financial, medical, psychological, or any other form of regulated professional advice. You remain solely responsible for your business decisions and outcomes.
Section 35: Force Majeure
Upstart Entrepreneur shall not be liable or responsible to you, nor be deemed to have defaulted or breached these Mentorship Terms, for any failure or delay in fulfilling or performing any obligation under these Terms when and to the extent such failure or delay is caused by or results from circumstances beyond our reasonable control.
These events include, without limitation:
- Acts of God, natural disasters, fire, flood, earthquake, or explosion.
- War, invasion, armed conflict, terrorist threats or acts, riot, civil unrest, or insurrection.
- Governmental actions, legal or regulatory changes, newly imposed restrictions, or compliance requirements.
- Public health crises, pandemics, or epidemics that result in disruption of services, communication, supply chains, sales or delivery.
- National emergency or declared states of disaster.
- Labour disputes, lockouts, strikes, or workforce shortages (whether or not involving our own personnel).
- Power outages, internet disruptions, telecommunications breakdowns, and failure or unavailability of third-party platforms or systems.
- Sudden or material shifts in market conditions, macroeconomic events, global recessions, advertising platform algorithm changes, media cost fluctuations, or the unexpected entry or disruption of competitors (e.g. large-scale discount platforms or new dominant players) that materially impact business viability or expected performance.
Such events shall not constitute a breach of these Terms. In such instances, Upstart Entrepreneur shall be entitled to a reasonable extension of time or adjustment of deliverables, timelines, or expectations as appropriate.
You acknowledge and agree that while we provide strategic business mentorship, we are not responsible for predicting or mitigating the impact of unforeseen events or market disruptions that may negatively affect your business outcomes, performance, or ability to implement recommendations.
Section 36: Electronic Communication
By engaging with our Mentorship Services, you consent to receive communications from Upstart Entrepreneur electronically. This includes, but is not limited to, email, messaging platforms (such as WhatsApp or social media messengers), booking system notifications, and any online platforms or tools used during the course of your Mentorship.
You acknowledge and agree that all agreements, notices, disclosures, updates, resources, and other communications provided electronically satisfy any legal requirement that such communications be in writing. You further agree that electronic communications hold the same legal effect as physical documents and that they form part of this binding agreement.
It is your responsibility to ensure that we have your correct contact details at all times and to regularly check your communication channels for updates or notices related to your Mentorship.
Section 37: Severability / Waiver
If any term or provision of these Mentorship Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Mentorship Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
Section 38: Assignment
You are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms of Use or any related or reference policies.
Section 39: Governing Law, Jurisdiction, and Venue
These Mentorship Terms, and any dispute arising from or relating to it, shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to conflict of law principles.
You acknowledge and agree that Upstart Entrepreneur Inc. is a business incorporated in the State of Delaware, and as such, Delaware law governs all services provided under this Agreement. Any legal action, proceeding, or dispute must be brought exclusively in the courts located within the State of Delaware.
You further consent to the personal jurisdiction and venue of such courts and waive any objections based on jurisdiction, venue, or inconvenient forum. To the maximum extent permitted by law, this jurisdictional clause overrides any conflicting consumer protection laws or implied rights under the laws of your local region or country.
Section 40: Contact Us
For more information about our Terms of Use, or if you have questions, or if you have any concerns, please contact you mentor directly via email. Failing which by e-mail at hello@upstart-entrepreneur.com.
Section 41: References And Related Policies
By accepting these Mentorship Terms, you also agree to be bound by the terms and conditions contained in the following related policies, which are hereby incorporated by reference:
- Services Agreement (If issued)
- Terms and Conditions
- Mentorship Terms of Service
- Marketing Terms of Service
- Privacy Policy
- Disclaimer
These documents form part of this agreement and should be read together with these Mentorship Terms. Any additional terms, conditions, modifications, or agreements communicated to you in writing (including electronically) by Upstart Entrepreneur shall also be deemed incorporated into these Terms and binding upon acceptance.
Section 42: Acceptance
By accepting services from Upstart Entrepreneur or by making payment on any of our Services, you acknowledge receipt of and agreement to these Marketing Terms of Service and any related policies referenced herein.
We look forward to building a strong and long term business relationship with you.
Yours Sincerely