Terms and Conditions – OCTOBER 15, 2015 – SEPTEMBER 18, 2018

EFFECTIVE OCTOBER 15, 2015 – SEPTEMBER 18, 2018

 

APPLICATION FOR ALL PRODUCTS

By signing this order form, I agree to the terms of The Scheduling Institute, Inc. and the selected product as documented in this order form and as further documented in the Terms of Service located at schedulinginstitute.com/TAC/, which include, among other items, terms related to: Payment, Communications and Privacy, Ownership Rights and Confidentiality, and Dispute Resolution.

 

TERMS OF SERVICE FOR ALL PRODUCTS

By signing my order form with The Scheduling Institute, I agree to the terms of The Scheduling Institute and the selected product as documented in the order form and in these Terms of Service.

These Terms of Service apply to all products and programs that I purchase from The Scheduling Institute. I also understand and agree to the additional terms that apply to the specific product I am purchasing from The Scheduling Institute. If I am purchasing a training, I further agree to the Terms of Service for Trainings, which are listed below. If I am subscribing in the Call Tracker Program, I further agree to the Terms of Service for the Call Tracker Program, which are listed below. If I am purchasing any Scheduling Institute event, I further agree to the Terms of Service for Events, which are listed below. If I am purchasing a Membership, I further agree to the Terms of Service for Memberships, which are listed below.

 

Payment Terms

I agree to the Payment terms described in the order form corresponding to my selected product or program. I authorize The Scheduling Institute to auto-charge my account using the payment method selected on the order form, according to the terms outlined on the order form and herein. I understand that all prices are listed in US Dollars. I understand and agree that, if the payment method selected on the order form is declined for any reason, The Scheduling Institute may charge any of the other credit/debit cards I have on file with my account. The Scheduling Institute is not responsible for overdraft or other penalties/fees that I may incur for such charges (or attempted charges).

Notwithstanding the fact that all purchases are non-refundable, in the event that The Scheduling Institute decides, in its sole discretion, to provide me with any refund in the event of a cancellation of a purchase, I understand that services that were utilized will be valued at list price (not discounted cost) for calculation of refund amounts.

 

No Guarantees

Unless there is a specific guarantee provided in the terms and conditions below, or on my signed sales order form, I understand and acknowledge that The Scheduling Institute makes no guarantees regarding the outcomes or results that I will obtain or achieve as a result of the product or program I am purchasing from The Scheduling Institute.

I understand that, in some instances, a guaranteed result will be documented on my order form or order web page. I understand that, in these instances, The Scheduling Institute may recommend that I implement additional programs and products and/or provide me with additional services to achieve the guaranteed result. I agree to implement any recommended programs and products, and to accept any additional services, offered at no additional cost to me to achieve the guaranteed result. I understand that I am responsible for implementing the programs and products according to The Scheduling Institute’s recommendations, and providing results to The Scheduling Institute as required in the terms and conditions below, on my sales order form, or those documented in the product materials provided to me.

 

Communications and Privacy

I agree to receive marketing, service, commercial, and other communications from The Scheduling Institute via facsimile, email, regular mail, or other electronic means, including an automatic telephone dialing system or an artificial prerecorded voice, unless I submit an electronic or other written request to opt out of receiving them.

I understand that The Scheduling Institute respects the privacy of its users when they use its websites and mobile and other online applications, products, and services. I acknowledge that I have been provided with The Scheduling Institute’s Privacy Statement, and I consent to the use of my information and information about me in accordance with the Privacy Statement, which is located here.

 

Ownership Rights and Confidentiality

I understand and agree that any and all intellectual property rights associated with Scheduling Institute materials, including but not limited to training materials, are the sole and exclusive property of The Scheduling Institute. The Scheduling Institute’s materials are protected by federal, state and international copyright and other laws. Except as otherwise expressly permitted by these Terms, I agree not to sell, offer for sale, reproduce, lease, create derivative works from, upload, transmit, display, publish or distribute any Scheduling Institute materials, in whole or in part, in any way, without prior written permission of The Scheduling Institute.

I acknowledge and agree that I receive a limited, personal, nontransferable, non-assignable, revocable right to access and use Scheduling Institute materials for purposes related to my participation in The Scheduling Institute’s programs. Any access or use that is inconsistent with these terms is unauthorized and strictly prohibited.

 

Limitation of Liability

Except as caused by gross negligence or intentional misconduct, The Scheduling Institute will not be liable for any indirect, incidental, special, consequential or exemplary damages (including damages for loss of profits, goodwill, use, or data), even if it has been advised of the possibility of such damages. Further, The Scheduling Institute shall be not be responsible for any damages arising in connection with any unauthorized access to, alteration of, or the deletion, destruction, damage, loss or failure to store any of my company’s information, including but not limited to protected health information, unless caused by The Scheduling Institute’s gross negligence or intentional misconduct. In all events, The Scheduling Institute’s aggregate liability under these Terms will be limited to two times the amount my company actually pays The Scheduling Institute for the service that gave rise to the claim during the twelve (12) months preceding the claim.

 

Dispute Resolution

Any disputes involving my company’s enrollment or participation in the program or regarding these Terms of Service shall be governed by the substantive law of Georgia. The exclusive forum for any lawsuit relating to such a dispute shall be the state or federal courts of Georgia. My company and I submit to personal jurisdiction in Georgia in connection with any such lawsuit.

 

ADDITIONAL TERMS OF SERVICE FOR TRAININGS

In addition to the Terms of Service for all products listed above, I also agree to the following additional Terms of Service for the training(s) I am purchasing from The Scheduling Institute.

 

Payment

Each training purchased must be paid for four weeks prior to the scheduled training date.   If purchased as part of a bundle, the prorated portion of the bundle price must be paid. For example, if you have purchased a four training bundle, and are prepared to do a second training, one half of the original bundle price will need to be paid four weeks prior to the second training.

If I decide to cancel my purchase, I agree to pay a non-refundable $1,000 deposit for each onsite training day purchased. I understand that The Scheduling Institute is agreeing to commit substantial resources and provide valuable materials to my company, the value of which is difficult to ascertain at the time of my order. I therefore acknowledge that The Scheduling Institute’s retention of the non-refundable portion of the total training price in the event of my company’s cancellation is not a penalty, but rather a reasonable measure of damages likely to be caused by my cancellation.

 

Travel Expenses

I understand that standard travel expenses for training sessions conducted in the continental United States and Canada are included in the pricing of each in-office training day. For Alaska and Hawaii there will be an additional $1000 travel charge. Any travel expenses above $1,000 for countries outside the United States and Canada will be billed to my account.

Certain countries outside the United States may require additional visa costs and special fees and taxes. I understand these costs are not included in the pricing and acknowledge these fees will be billed to my account.

 

Rescheduling

Should I decide to change a scheduled training within 30 days of the scheduled date, I understand that The Scheduling Institute will charge a $1,000 fee for re-scheduling.

 

Premium Trainings

The following trainings are considered Premium. If any bundle or individual purchase of a standard training is upgraded to a Premium training there will be a $1,000 upcharge. Below is the list of premium trainings:

  • Hygiene Mix of Services
  • Hygiene Profitable Perio
  • Retention, Recare, Reactivation
  • Hygiene Vision & Growth Day
  • Hands on Hygiene
  • Efficiency & Streamlining
  • E.A.M. Training
  • E.A.M. Advanced Leadership
  • Live Scheduling Day

 

Limitations of Numbers and Locations of Attendees

Scheduling Institute trainings differ in participation requirements. Most trainings are designed for single offices and a maximum number of attendees. I understand that, if my selected training is listed below and exceeds 25 participants, multiple trainers and additional training materials will be required at an additional cost.

Below is a list of trainings that will incur additional costs if they exceed 25 participants:

  • 5 Star Telephone
  • Advanced Telephone
  • New Patient Experience
  • Accept Buy & Comply
  • Same Day Treatment
  • Live Coaching Day 1 or 2 day option
  • 5X Clarity Retreat
  • Platinum Clarity Retreat
  • Leadership Clarity Retreat
  • Hygiene Mix of Services
  • Hygiene Profitable Perio
  • Hygiene Vision & Growth
  • Efficiency & Streamlining
  • Live Scheduling Day
  • Hands on Hygiene

 

The following trainings have additional costs for materials if the number of participants exceeds 15, and also require multiple trainers if the number of participants exceeds 25:

  • E.A.M Training
  • E.A.M. Advanced Leadership

 

The following trainings should not be held when participants are located in different offices. These factors diminish the training effectiveness, and cannot be offset by having additional trainers:

  • New Patient Experience
  • Accept Buy & Comply
  • Same Day Treatment
  • Live Coaching Day 1 or 2 day option
  • Hygiene Vision & Growth
  • Efficiency & Streamlining
  • Live Scheduling Day
  • E.A.M Training
  • E.A.M. Advanced Leadership
  • Hands on Hygiene

I understand that, even though additional trainers can be provided at additional costs, Scheduling Institute trainings are not designed to exceed 50 participants.

 

ADDITIONAL TERMS OF SERVICE FOR EVENTS

In addition to the Terms of Service for All Products listed above, I also agree to the following additional Terms of Service for the event(s) I am purchasing from The Scheduling Institute.

 

Payment

I agree that each event I purchase must be paid for in full prior to my attendance at the event, regardless of the amount of payment included with the sales order.

I understand that I cannot get a refund if I cancel an event within 90 days of the scheduled event date.

 

ADDITIONAL TERMS OF SERVICE FOR MEMBERSHIPS

In addition to the Terms of Service for All Products listed above, I also agree to the following additional Terms of Service for the Membership that I am purchasing through The Scheduling Institute.

 

Payment

I understand that, depending on the terms of my Call Tracker subscription (monthly or yearly), my subscription will be automatically renewed on a monthly or yearly basis. I authorize The Scheduling Institute to auto-charge my account using the payment method selected on the order form, according to the terms outlined on the order form, at the time of automatic renewal.

I understand that my credit card on file will be charged for overages based upon usage in excess of what is included in my selected plan. All prices are in U.S. dollars.

 

Promotional Pricing

I understand that any promotional pricing is valid for one year, and that my Call Tracker subscription will be automatically renewed on a monthly or yearly basis (depending on the terms of my subscription) at the current price and without any promotional discount, upon expiration of the term of such promotional pricing.

 

Contract and Cancellations

I understand that my Call Tracker contract is month-to-month. I agree that, if I cancel a prepaid yearly subscription, I will receive a refund that will be calculated, without any promotional pricing, for full months where Call Tracker service was not used.

I understand that monthly billing products are billed in advance, and that I will not receive a refund for partial month usage.

 

Call Tracker Monitoring

I understand that The Scheduling Institute uses call measurement and recording services to facilitate its Call Tracker Program. The Scheduling Institute may use third party vendors (which vendors have a subcontractor Business Associate Agreement with The Scheduling Institute) to assist in this process. I further understand that personal information, including Protected Health Information (PHI), may be recorded during my calls.

 

CALL TRACKER MEMBERSHIPS

Platinum Membership

I acknowledge that my Platinum Membership is a 36-month program made up of three 12-month terms, and that I will remain responsible for payment of the entire cost of each term, regardless of the payment plan I select, and regardless of program completion or my activity level and attendance at events. I also acknowledge that The Scheduling Institute is agreeing to commit substantial resources and provide valuable materials to my company, the value of which is difficult to ascertain at the time of my enrollment. I therefore acknowledge that The Scheduling Institute’s collection and retention of the entire membership fee in the event of my company’s cancellation is not a penalty, but rather a reasonable measure of damages likely to be caused by my cancellation.

I understand that, unless I inform The Scheduling Institute otherwise, my Platinum Membership will auto-renew using the payment term and method selected on the order form.

 

5x Years 1&2 Membership

I acknowledge that my 5x Years 1&2 Membership is a 24-month program, and that the full membership fee must be paid in advance.  I also acknowledge that this fee is non-refundable regardless of program completion or my activity level and attendance at events. I acknowledge that I am receiving a substantial discount on the actual a la carte cost of the services that I will receive through the program. I also acknowledge that The Scheduling Institute is agreeing to commit substantial resources and provide valuable materials to my company, the value of which is difficult to ascertain at the time of my enrollment. I therefore acknowledge that The Scheduling Institute’s retention of the entire membership fee in the event of my company’s cancellation is not a penalty, but rather a reasonable measure of damages likely to be caused by my cancellation.

 

5x Years 3 and Beyond Membership Renewal

I acknowledge that my 5x Years 3 and Beyond Membership is a 12 or 24-month, non-refundable program, and that I will remain responsible for payment of the entire cost of the program, regardless of the payment plan I select, and regardless of program completion or my activity level and attendance at events. I acknowledge that I will receive a substantial discount on the actual a la carte cost of the services that I will receive through the program. I also acknowledge that The Scheduling Institute is agreeing to commit substantial resources and provide valuable materials to my company, the value of which is difficult to ascertain at the time of my enrollment. I therefore acknowledge that The Scheduling Institute’s collection and retention of the entire membership fee in the event of my company’s cancellation is not a penalty, but rather a reasonable measure of damages likely to be caused by my cancellation.

 

New Gold Members (Gold Plus/New Patient Mastery Bundles)

I acknowledge that I have read and understand the requirements of the Gold Plus Guarantee. I understand and acknowledge that if I use the Gold Plus Membership Program for 12 full months and my company does not increase its new patients by 25%, The Scheduling Institute will refund the fees that I paid in connection with the Gold Plus Membership Program (except for travel fees and office visit fees), provided that my company abides by all of the following requirements:

  1. My company must complete all Telephone On-Site Trainings and the New Patient Experience Day.
  2. My company must complete the entire 12-month program.
  3. My team must reach Certification within 90 days of the Telephone On-Site Training and must maintain a 4- or 5-star rating on all calls made to my office during the membership period.
  4. My team must be re-certified every 6 months.
  5. My company must submit monthly statistics by the 10th day of the month for the previous month, for the entire 12-month program.
  6. Throughout the 12-month Gold Plus Membership, The Scheduling Institute’s team may make recommendations to my company to increase capacity and/or update our office to encourage growth, or make human capital changes. My company must follow and implement these recommendations.
  7. The Scheduling Institute’s team will make marketing internal and external marketing recommendations during my membership. My company must implement the specific components of any such plan.
  8. My team leader or myself must attend Gold Plus Marketing workshop and implement the suggestions provided.

 

I further acknowledge that this is a 12-month program, and that I will remain responsible for payment of the entire cost of the program, regardless of the payment plan I select, and regardless of program completion or my activity level and attendance at events. I acknowledge that I will receive a substantial discount on the actual a la carte cost of the services that I will receive through the program. I also acknowledge that The Scheduling Institute is agreeing to commit substantial resources and provide valuable materials to my company, the value of which is difficult to ascertain at the time of my enrollment. I therefore acknowledge that The Scheduling Institute’s collection and retention of the entire membership fee in the event of my company’s cancellation is not a penalty, but rather a reasonable measure of damages likely to be caused by my cancellation.

 

New Gold Members (Self Study Kit)

I understand that the purchase of the self-study kit entitles me to a free 90-day Scheduling Institute Membership at the Gold level. I further understand that, after the 90 days, I will be charged $199 per month for the membership unless I contact The Scheduling Institute to cancel the membership.

As a new member to the Scheduling Institute, I understand that I have 90 days to return the kit in original condition to receive a full refund.   If the kit is damaged, there will be a restocking fee. I understand that, if any materials are missing from the kit, I will not receive a refund.

I acknowledge that I have read and understand the requirements of the Self Study Kit Guarantee. I understand and acknowledge that if I use the Program for 90 days and my company does not increase its new patients by 10%, The Scheduling Institute will refund the fees that I paid in connection with the New Gold Members (Self Study Kit), provided that my company abides by all of the following requirements:

  1. My company must complete all Telephone Training Materials.
  2. My company must complete the entire 90-day program.
  3. My team must reach Certification within 90 days and must maintain a 4- or 5-star rating on all calls made to my office.
  4. My company must submit monthly statistics by the 10th day of the month for the previous month all three months.
  5. My team will complete all the steps required in the first 3 months of the program, and implement it as designed, including calls from Member Service resource, incentives, and other required steps.

 

New Gold Members (Telephone Training and Self Study Kit)

I acknowledge that I have read and understand the following requirements of the New Patient related New Patient guarantee.   I understand that if I implement the New Gold Member (Telephone Training and Self Study Kit) program for 90 days after training and my company does not increase new patients by 15%, The Scheduling Institute will refund the fees that I paid in connection with the initial purchase (except for travel fees, and office visit fees), provided my company abides by all of the following requirements:

  1. All Members of my company’s front desk attend the Telephone Training.
  2. Each member of my team must achieve Certification within 90 days of the Telephone On-Site Training and must maintain a 4- or 5-star rating on all calls made to my office.
  3. My company must submit monthly statistics by the 10th day of the month, starting the month after the training, and continue making this submission each month thereafter for 90 days.
  4. My team will complete all the steps required in the first three months of the program, and implement it as designed, including calls from Client Service resources, incentives, and other required steps.

 

I understand that the purchase of this program entitles me to a free 90-day Scheduling Institute Membership at the Gold level, which starts once my team is trained. I further understand that, after 90 days, I will be charged $199 per month for the membership unless I contact The Scheduling Institute to cancel the membership.

If I am a customer located in Canada, I understand that The Scheduling Institute must receive my consent to send me commercial electronic communications.

Effective Dates: October 15, 2015 – September 18, 2018

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