TERMS AND CONDITIONS – Novofex, LLC.

1. Scope of Services

NOVOFEX(“NVFX”) is a small business development firm which specializes in providing quality products and services needed in order to succeed in today’s global economy. NVFX does not offer Business opportunities, nor does it make any earnings claims regarding any of its products. NVFX does not offer accounting, legal, or any other specialized advice; except where specifically provided for under the terms of service. NVFX advisors assist clients in developing business plans both for existing and startup businesses. NVFX advisors will help identify the strengths and weaknesses in a client’s business plan and suggest actions to take to improve a plan’s strategy. A number of additional services are available depending on the package purchased. These services include: website development, and marketing.

Agreement to Pay

You agree to pay for all products and services you purchase from NVFX and through www.novofex.com YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING NOVOFEXWITH VALID CREDIT CARD DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card you designate during the registration process. If you want to designate a different credit card or if there is a change in your credit card, you must change your credit card account information by either calling our Billing Department at (201)706-3280 or by visiting our website at www.novofex.com. You further agree that by accepting these charges that at no time will you file adispute with your lending company.

3. Privacy Policy

NVFX considers any communication with a client as confidential and proprietary. Each party agrees not to disclose any communications, unless it is necessary to: 1) comply with the law, 2) to respond to legal process, 3) ensure compliance with the IRS, or 4) protect the rights, property, or interest of NVFX, its employees, and customers.

4. Changes in Service/Additional Services

The parties understand the nature of NVFX business is to continue to upgrade, improve, and add new products and services NVFX believes will be beneficial to the member’s needs. As this occurs, you may be notified and given the option to add those services and any related costs to your membership. Once the services you purchased have been rendered according to the company’s guidelines NVFX will not be held responsible for additional modifications requested. In regards to website development NVFX is under no obligation to correct any changes you (the client) make to the website nor is there a lifetime assistance included with any of our memberships. Once a website has been completed and our representatives walk you through it you are considered completely fulfilled as a client. NVFX will not beresponsible or held liable for any modifications made to the website after the walk-through by the client. If client requests assistance with a website which was changed after the walk-through, NVFX will charge an additional fee.

5. Non Affiliation

NVFX is not affiliated with any third party companies, and makes no representations to that effect. NVFX is not responsible for any confusion that may occur as a result of your being involved in multiple companies. NVFX does not warrant or represent to be a an affiliate of any other internet based small business, consulting, or coaching companies.

6. Class Action Waiver

You and NVFX agree that any proceedings to resolve or litigate any dispute, whether in arbitration, in court, or otherwise, will be conducted, solely on an individual basis, and that neither you nor NVFX will seek to have any dispute heard as a Class Action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which you or NVFX acts or proposes to act in a representative capacity, you and NVFX further agree that no arbitration or proceeding will be joined, consolidated, or combined with another arbitration or proceeding without prior written consent of you, NVFX, and all parties to any such arbitration or proceeding.

7. Dispute Resolution.

If a dispute arises out of or relates to this contract, or the breach thereof, and if said dispute cannot be settled through negotiations, the parties agree first to try in good faith to settle the dispute by mediation under the Commercial Mediation Rules of the American Arbitration Association before resorting to arbitration.

Any dispute arising out of or relating to this contract, or the breach thereof, that cannot be resolved by mediation within 30 days shall be finally resolved by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction. The arbitration will be conducted in the English language in the City of New York, in accordance with the United States Arbitration Act. There shall be one Arbitrator, named in accordance with such rules.

8. Third Party Materials

Certain content, products and services made available by NVFX, and through the www.novofex.com site, may include materials from third parties. In addition, www.novofex.com web site may provide links to certain third party Web sites. You acknowledge and agree that NVFX is not responsible for examining or evaluating the content for accuracy of any such third-party material or Web sites. NVFX does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or Web sites, or for any other materials, products, or services of third parties. Links to other Web sites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that NVFX is not in any way responsible for any such use by you.

9. Disclaimer of Warranties and Liability Limitations

(a) NVFX does not guarantee, represent, or warrant that your use of the service will be uninterrupted or error-free, and you agree that from time to time NVFX may suspend services including www.novofex.com website, for periods of time. (b) You expressly agree that your use of, or inability to use the service, and www.novofex.com website is at your sole risk. The service and all products and services delivered to you through the service are provided “as is” and “as available” for your use, without warranties of any kind, either express or implied. (c) In no case shall NVFX, its owners, directors, officers, employees, affiliates, agents, contractors or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of any of the services or for any other claim related in any way to your use of the services, including but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content (or product) posted, transmitted, or otherwise made available via the service. (d) In states where the exclusion or limitation of liability is limited by law, NVFXs’ Liability shall be limited to the extent permitted by law. (e) NVFX shall use reasonable efforts to protect information submitted by you in connection with the services, but you acknowledge and agree that your submission of such information is at your sole risk, and NVFX hereby disclaims any and all liability to you for any loss or liability relating to such information in anyway. (f) You assume all risk of any monies invested, NVFX makes no claims as to the earning potential of any packages or services sold.

10. Waiver and Indemnity

By using the service, you agree to indemnify and hold NVFX, its owners, directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of this agreement, your use of the service, or any action taken by NVFX as part of its investigation of a suspected violation of this agreement or as a result of its finding or decision that a violation of this agreement has occurred. This means that you cannot sue or recover any damages from NVFX, its owners, directors, officers, employees, affiliates, agents, contractors, and licensors as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the service, or to take any other action during the investigation of a suspected violation or as a result of NVFX conclusion that a violation of this agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this agreement.

11. Non-Disparagement Clause

(a) You agree that during your membership, and at any time thereafter, you may not make or encourage others to make any statement or release any information that is intended to, or could reasonably be foreseen to, harass or criticize NVFX, its owners, directors or employees. (b) For purposes of the section, a statement or release of information includes, but is not limited to, direct phone calls, e-mails, postings on internet websites, bulletin boards, blogs, or discussion groups, and letters to and articles in any publication.

12. Entire Agreement

This Agreement contains the entire agreement of the Parties conditions in any other agreement whether oral or written. written or oral agreements between the parties.

and there are no other promises or This Agreement supersedes any prior

13. Survival of Representations and Warranties

All representations and warranties contained herein, or made in writing by any party in connection herewith, shall survive the execution and delivery of this Agreement, regardless of any investigation made by or on behalf of any party.

14. Amendment

This Agreement may be modified or amended, if the amendment is made in writing and is signed by both Parties.

15. Severability

If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed and enforced as so limited.

16. Attorneys’ Fees

If either party must enforce its rights under this Agreement, the prevailing party will recover reasonable attorneys’ fees and costs, in addition to any other relief.

17. Applicable Law

This Agreement shall be governed by the laws of the State of New York. Actions in court, brought according to this agreement, must be brought in New York County, State of New York.

 

Web Hosting Authorization Form

Web Hosting services are offered to you on your acceptance without any modification of the below
terms, conditions, services and fees contained herein. Your use of Web Hosting services and features
represents your acceptance and agreement to all such terms, conditions, services and fees.

Service Rates.
All payment rates listed below are in US dollars only. In order for users to access their websites, they
must agree to the following payment terms based on the subscription. The following standard rates
apply to all users that submit valid payment information such as credit cards or debit cards.

Web hosting monthly maintenance fee: $39.95 per month per website
Web hosting monthly maintenance fee $479.40 per year per website

A client may choose either payment method and all payments must be made before the opening of a
web account for the web design to begin. An annual subscription requires a mandatory full payment
up front. Annual hosting subscriptions cancelled prior to the end of the subscription period will not be
refunded.

Billing Cycles / Expiration Dates.
The date on which this document is signed is considered to be the service “Billing Cycle Date” and the
member will be billed the monthly or annual rate in advance for the entire selected subscription period.
Subsequent charges are posted on the corresponding Billing Cycle Date according to your subscription
type

***** Monthly – Auto Billing (Example)
If you register a new account on January 1st, your accepted payment form on file will be billed the same
day and the following Billing Cycle Date will be February 1st. Your credit card or debit card on file will be
automatically billed for the payment due on the recurring billing date. If the scheduled Billing Cycle Date
falls on the 29th, 30th or 31st, but the current month does not have this date, the Billing Cycle Date will
be adjusted to fall on the last day of that month. If you wish to cancel, you must cancel or change your
service plan before the next Billing Cycle Date to avoid any recurring billing or additional charges. When
you cancel your subscription, your access to your website is terminated beginning on the account’s next
Billing Cycle Date.

***** Annual – Auto Billing (Example)
If you register a new account on January 1st, 2014, your accepted payment form on file will be billed on
the same day and the subscription will expire at midnight on December 31st, 2014. Within 14 days of
expiration of your service, an e-mail well be sent to the e-mail address that you listed during the initial
registration, notifying you that your annual service subscription is about to be automatically renewed
for another year; you are responsible for maintaining a current e-mail address on file.

You must cancel or change your subscription prior to the billing cycle date to avoid additional charges. If
you do not contact us within 14 days of expiration to cancel your account, your credit card or debit card
information on file will be charged for the current annual subscription rate. No monthly billing will occur
for accounts with annual membership. Annual membership accounts cancelled prior to the end of the
subscription period will not be refunded. Annual membership accounts will not be entitled to a prorated
refund of any payments.
*****When you cancel a monthly subscription, your access to the site is terminated beginning on the

next Billing Cycle Date for the account, and you will not be entitled to a prorated refund of any monthly
payments. NO HOSTING SUBSCRIPTIONS ARE ELIGIBLE FOR REFUNDS

Breach of Contract / Charge Backs.
Every subscriber of hosting must agree to the Terms of Use. The Terms of Use are a binding, ongoing
contract between you and Novofex. A Charge Back is considered a breach of the
contract. Access to your website service will be immediately suspended. Novofex
reserves the right to pursue the subscriber civilly and/or criminally for any breach in the contract. In
addition, by accepting the Terms of Use, you agree that the laws of the State of New Jersey shall have
exclusive jurisdiction over any dispute or claims, policies, and procedures between you and Profit
Sense Innovations relating to all aspects of services and or these Terms. The subscriber expressly and
irrevocably consents to personal jurisdiction and venue in these courts.

Subscription Cancellation.
For the cancellation of a monthly or annual account, the member is required to call 201-706-3280
during our regular business hours, Monday through Friday 10am – 8pm, Eastern Time, and speak with
a Novofex representative. When you speak with the representative you will receive a
cancellation form that must be signed by the next billing cycle.

Cancellation Due to a Declined Card
If a card for the subscription is declined the site will be suspended. We will contact you that your site is
suspended and will attempt to obtain an new card. If a client is unable to be reached within 10 business
days the account will be closed.

Client Name: _______________________________________________________________________

 

Client E-mail:_______________________________________________________________________

 

Date:_____________________________________________________________________________

 

Novofex, LLC.

 

Customer Service