STUDENT SERVICES AGREEMENT​

This STUDENT SERVICES AGREEMENT (“Agreement”) is entered into between GraphicMinds (“Company/GraphicMinds”) a Swedish company, with principal offices located in Sweden, and the undersigned Student (“Student”). Company and Student, collectively, are sometimes herein referred to jointly as “Parties”, and individually, as “Party”.

RECITATIONS​

WHEREAS, the Company possesses comprehensive knowledge, skills, and experience in graphic design, including proficiency in logo creation, brand book, label & packaging and website design, referred to as “Services”;​

WHEREAS, the Company has created and owns the rights to intellectual property, including without limitation, trade secrets and proprietary systems, methods, techniques, classes, tutorials, instruction, courses, and materials for graphic design (collectively, “Proprietary Information”);​

WHEREAS, Company offers Services which include utilizing the Proprietary Information;

WHEREAS, as such, Student desires to engage Company to provide Services; and ​WHEREAS, Company has agreed to provide such Services as contemplated in this Agreement, Student has agreed to compensate Company for such Services, and the Parties have agreed to do so in accordance with the terms and conditions in this Agreement.​

NOW, THEREFORE, in consideration of these recitations, Parties agree as follows:

​ARTICLE 1 DEFINITIONS AND CONSTRUCTIONS​

1.1 Business. For purposes of this Agreement, “Business” means providing education within graphic design, allowing the student to build their own projects and land job interviews. ​

1.2 Commencement. Company shall commence Services on the Effective Date of this Agreement. Student’s obligations set forth in the Agreement shall commence on the Effective Date of this Agreement.​

1.3 Termination. Also see the attached Notice of Cancellation form for an explanation of your rights.  The student is expected to participate in all classes and follow the instructions given by the instructor. ​

1.4 Disclosure. Student understands that he/she/it needs to have access to the Internet and an email address to receive the assignments. Student also understands that his/her/its personal success from this program will be a result of his/her/its own efforts. Student further acknowledges that individual results vary based on background, education, and experience. Student has based his/her/its decision to purchase on their own desire and not on any express or implied earnings claims.  

​1.5 Confidential Information. For purposes of this Agreement, “Confidential Information” means information possessed by Company relating to the Business, and its business activities that is used or is useful in the conduct of Company’s business, or which confers or tends to confer a competitive advantage over one who does not possess the information. Confidential Information includes copyrights, trade secrets, and know-how, information about existing, new or envisioned products, services, and processes and their development and performance, any techniques, methodologies, pricing, and technical information, computer software, business, and financial information, unpublished lists of names, information, documents, and videos provided or shared by Company to Student. Confidential Information also includes information received by Student or Company from others which Company has an obligation to treat as confidential or from other Students of Company. All information that becomes known to Student during the term of the Services rendered under the Agreement, which Student would reasonably believe is Confidential Information or which Company takes measures to protect, shall be regarded as Confidential Information.​​

ARTICLE 2 SCOPE OF SERVICES​

2.1 Deliverables. As a part of the Agreement, Student will have access to the following information, products, and services.​

Access to video/written training materials 

Access to group tutoring & support

Support in building a portfolio & CV

Career coaching & job interview training

​

2.2 Relationship.

This Agreement does not create an employment, partnership, or joint venture relationship between Student and Company. Student shall not be considered an employee of Company for any purpose whatsoever. Student shall not represent himself/herself/itself as an agent or legal representative of Company or as joint venturers with Company for any purpose whatsoever, and Student shall not have any right to create or assume any obligations of any kind, express or implied, for, or on behalf of, Company in any way whatsoever.​

ARTICLE 3 PAYMENT​

3.1 Payments. Student agrees to pay Company for Services as agreed upon during the admission interview and as may be more particularly set forth or attached as a part of Exhibit A.​

3.2 Chargeback/Refund. Company reserves the right to consider refunds outside of the rescission period. If a Student has questions about the agreement outside of the rescission period, he/she should submit his/her comments to info@graphicminds.se. Student agrees not to request, advise, file a claim, or seek Student’s bank or credit card company for a chargeback for consideration paid under this Agreement. Student agrees to waive any rights Student may have under applicable state and federal truth in lending laws or otherwise (including, but not limited to, under Student’s credit card issuer’s procedures for resolving such disputes). Student agrees that any disputes that Student may have with respect to the consideration paid hereunder must be addressed directly between Student and Company. If a chargeback occurs, Student shall have materially breached the Agreement and shall forfeit all remaining services that have not yet been performed under the Agreement. Company shall have no further obligation to Student. Further, the amount of the chargeback shall be subject to a finance charge in the amount of one and one-half percent (1 ½%) per month until paid in full by Student. Further, Company shall be entitled to recover from Student all damages, and reasonable and necessary attorneys’ fees, and costs associated with pursuing collection and/or recovery of the amount of the chargeback.​

3.3 Charges. Student agrees that their card on file will be charged on the agreed-upon dates provided in Exhibit A. Subject to Section 1.3, Student also agrees that Company may withdraw smaller charges to the card on file for the purpose of recovering unpaid amounts owed by Student under the Agreement.​

ARTICLE 4 CONFIDENTIALITY AND NON-DISCLOSURE​

4.1 Confidentiality; Ownership of Information. Company will provide Student with access to Confidential Information (as defined in Section 1.2) that is used in the provision of the Services. Student acknowledges that Company will provide Student with access to Company’s Confidential Information only for the Term of the Agreement.​

4.1.1. Non-Disclosure. During the Term of the Agreement, and always thereafter, Student shall maintain the strictest confidence. Student shall never disclose, copy, share, disseminate, transfer, convey, sell, or discuss, directly or indirectly, to any person or entity other than the Parties to this Agreement, Company’s copyright information, trade secrets, intellectual property or other Confidential Information, except by express prior written consent of a duly authorized officer or director of Company. Student will not make copies, videotape, record, photograph, or use any other form of transcription method to copy in any way, in whole or in part, any Confidential Information or marked original copies of Confidential Information, copyright information, or trade secrets of Company. Further, Student shall use Student’s best efforts and shall take all reasonable precautions to prevent the disclosure of Company’s copyright information, trade secrets, or other Confidential Information. A breach of this provision includes, but is not limited to, each disclosure, sharing, dissemination, transfer, conveyance, selling, or discussion of any singular piece of Confidential, trade secret, copyright, and/or proprietary information.​

Ownership of Information. All Confidential Information shall remain the sole and exclusive property and proprietary information of Company and is disclosed in confidence by such Party in reliance on the other Party’s agreement to maintain such Confidential Information in confidence and to not use or disclose such Confidential Information to any person except the Parties to this Agreement. Each Party understands and agrees that such Party has no ownership, property rights, or other rights of any kind in the Confidential Information, trade secrets, copyrights, proprietary information, or other property of the other Party.​

Non-Compete. Student agrees that during the Term of this Agreement, and for a term of twelve (12) months thereafter, Student shall not compete in any way with Company which includes or is not limited to working for another company that provides graphic design development education services, acting as an owner, principal, director, consultant, or shareholder in any company that provides graphic design development education services.​

Non-Solicitation. During the Term of this Agreement and for a period of twenty-four (24) months after the date of termination of this Agreement, Student will not in any way, directly or indirectly: (i) induce or attempt to induce any employee, independent contractor, agent, consultant, customer or Student of Company to terminate its relationship with Company; (ii) otherwise interfere with or disrupt Company’s relationship with its employees, independent contractors, agents, consultants and/or customers/Students; (iii) solicit, entice, or hire away any employee, independent contractor, agent, consultant, customer, or Student of Company; or (iv) hire or engage any employee, independent contractor, agent, consultant, customer, or Student of Company or any former employee, independent contractor, agent, consultant, customer or Student of Company whose work or agreement with Company ceased less than one (1) year before the date of such hiring or engagement. Student acknowledges that any attempt on the part of Student to induce others to leave Company, or any effort by Student to interfere with Company’s relationship with its employees, independent contractors, agents, consultants, or customers would be harmful and damaging to Company; provided, however, that any such persons who did business with Student prior to the date of this Agreement or whom Company agrees in writing may have a business relationship with Student are not subject to this provision.​

ARTICLE 5 INDEMNITY​

DISCLAIMER.IN NO EVENT SHALL COMPANY BE LIABLE TO Student FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST OPPORTUNITY DAMAGES. Student ACKNOWLEDGES AND UNDERSTANDS THAT NO OFFICER, DIRECTOR, EMPLOYEE, OR PERSON OTHER THAN COMPANY SHALL HAVE ANY PERSONAL LIABILITY UNDER THIS AGREEMENT. Student FURTHER AGREES TO INDEMNIFY AND HOLD COMPANY HARMLESS FOR ANY AND ALL LIABILITY ARISING OUT OF THE ACTS OR OMISSIONS OF Student THAT OCCUR DURING THE TERM OF THIS AGREEMENT. COMPANY AGREES TO INDEMNIFY Student FOR ANY LIABILITY CREATED AS A RESULT OF ANY ACTS OR OMISSIONS ON THE PART OF COMPANY.​

Acknowledgement of Student Responsibility. Although Company has full confidence in the efficacy of the Services contemplated in this Agreement, Company makes no guarantee of any specific result for Student based upon the Services that it is providing. Student also acknowledges that any testimonials of profits from current or former Students are not to be interpreted as typical results. By signing below, Student acknowledges their own responsibility in properly utilizing the Services provided in this Agreement to achieve the desired results.

​ARTICLE 6 MISCELLANEOUS PROVISIONS​

Entire Agreement

This Agreement constitutes the entire agreement between the Parties with respect to this Agreement, and all prior agreements relating to the Services hereunder, express or implied, written or oral, are nullified and superseded hereby.​

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Sweden. ​Company does not offer any legal, tax, or financial advice. Student acknowledge that he/she/it is responsible for their own actions and hereby release and hold harmless Company and any of their staff, employees, officers, or agents from liability for any of Student’s actions or comments. Student accept he/she/it’s obligation to make full payment for the advanced trainings. Student will consult with a tax professional about any potential write offs or deductions related to the purchase of this program.  

Acknowledgement 

Student acknowledge that success is dependent on a number of factors, including, but not limited to, attitude, persistence, and full participation in all phases of the Program. Company is dedicated to helping Students become successful in the Program as the success of the Program itself depends on the completion and implementation by Students of the strategies taught in the Program. By signing the front page of this Agreement, Student affirms an intent and commitment to learn and implement these strategies.   ​

Electronic Recordkeeping

Student acknowledges and agrees that this Agreement may be stored in an electronic record keeping system in the regular course of business and that a printed copy of the imaged document may be used and introduced in any arbitration, litigation, or other proceeding, and shall have the same force and effect as the original, which may be destroyed.   ​

Representations 

Student acknowledges that Company has made no representations or guarantees other than those expressed herein; Student has not relied thereon; and Company specifically disclaims any other representations or warranties. Moreover, Student recognizes and acknowledges that individual performance depends upon the individual skills, time availability, and dedication of each Student in the Program.  Student acknowledges that Company is a training institute and is not offering a business opportunity or franchise and is not ascertaining the suitability of this Program for the Student. This Agreement represents the entire understanding and supersedes all prior statements, agreements, and understandings, if any, either oral or written.  ​

Law and Arbitration and Class Action Waiver

The parties waive trial by court or jury. By signing this Agreement, Student agree all disputes which may arise between Student and Company, arising out of the terms of this Agreement or the relationship between the parties shall be decided exclusively in binding arbitration conducted by the Swedish courts.  Arbitration shall take place in dispute in Stockholm, Sweden and governed by and construed under Swedish law, except its conflict of laws rules. Student also waive his/her/its right to bring or participate in a class action against Company or its parent, affiliated companies, subsidiaries, agents, officers, and/or principals. Furthermore, Student agree that by signing this Agreement Student waive the ability to bring a class action suit. 

​Severability

If any provision of this Agreement shall be held unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions of this Agreement shall otherwise remain in full force and effect.   

​Limitations of Use

This Program is designed for personal use only. Student agrees that only the Student will use the Program. Student shall not resell or otherwise dispute the original or any copy of the Program materials in any manner or any part thereof, in any manner, and shall not allow others to do so. Any violation of this policy may lead to prosecution under state or federal law, or both.  

​Disclosure

Company provides training. Individual performance depends upon the individual skills, time availability, and dedication of each Student in the training Program. Testimonials shared are not typical. Any results shared are not a guarantee of performance but are merely examples of individuals who have implemented Company’s strategies and trainings. Because your background, education, and experience are different your results will vary. Unique experiences and past performances do not guarantee future results. Company and its owners, employees, contractors, and affiliates do not give financial advice and are not licensed by or registered with any federal or state agency AND ARE NOT RESPONSIBLE FOR YOUR SUCCESS OR ACTIONS. ​

Assignments

This Agreement shall be assignable by Company to any of Company’s affiliated entities, including GraphicMinds). Assignments to any other entities beside the Affiliated Entities will be void without the prior written consent of both parties.

NOTICE OF CANCELLATION

Transaction Date: ​​You may cancel this transaction, without penalty or obligation within fourteen (14) days from the above date, after which the sale is final. If you cancel, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within ten (10) days following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be cancelled.  All cancellation requests must be in writing. If you cancel, you must email this to info@graphicminds.seI hereby cancel this transaction.

Purchasers’ Signature (required): ​​​​          

Date (required): ​​​​​

This Agreement embodies the entire agreement and understanding between the parties hereto with respect to the subject matter of this Agreement and supersedes all prior agreements and understandings, whether written or verbal. Any modifications must be made in writing and agreed upon by both parties.​

Guarantee

Company has a wholehearted desire to help our Students succeed. If the Student, contrary to expectations, has not been able to land at least one job interview in graphic design after completing the course, Company has chosen to offer a money back guarantee. The conditions for using this guarantee are as follows:‍

The Student has completed all video modules.

The Student has completed all worksheets.

The Student has completed all the project assignments. 

The Student has actively updated the teachers on where they're stuck in the success roadmap and asked for help.

The Student has applied to at least 100 jobs following the framework in the Company Program.

The Student completes all payments in the repayment plan on time (no later than 14 days after the due date).

The guarantee is voided if Student is more than 14 days late on their payments.

The final condition is that The Student agrees to complete 1on1 mentor calls with a teacher for up to a month to help figure out why the Student is struggling to get an interview.

If the Student has completed all conditions without landing at least one job interview, Company will give the Student their money back for the course fee. It is the Student's responsibility to demonstrate that the conditions have been met.