Client Terms of Service

This agreement is between

Get Accepted, Inc.

a limited liability company, d/b/a Accepted

(hereinafter referred to as “Accepted”)

OF THE FIRST PART,

- and -

The Signatory below

(hereinafter referred to as “the Client”)

OF THE SECOND PART.

WHEREAS Accepted carries on the business of providing a comprehensive menu of consulting services to students applying to MBA, law school, medical school, graduate school, or undergraduate programs of his/her choice;

AND WHEREAS the Client wishes to purchase certain services offered by Accepted;

AND WHEREAS Accepted and the Client wish to set out the mutually agreed upon terms of the Client’s purchase of consulting services offered by Accepted.

In consideration of the mutual covenants expressed in this Agreement, the parties acknowledge and agree with each other as follows:

I. CONSULTING SERVICE

The Client agrees to purchase the services from Accepted chosen at the end of this contract. (hereafter “Services”).

II. FEES

The fee structure, including hourly rates, for Services purchased by Client is set out on the Accepted.com web site. Client acknowledges and agrees that it is their responsibility to pay in full for the Services under this Agreement, independent of the results s/he obtains with respect to any admissions application. Further, Client acknowledges and agrees that any amount that s/he has paid and/or is obligated to pay to Accepted under this Agreement is non-refundable and non-transferrable under any circumstances.

Package Services

All packages must be used and completed within the May 1-April 30th admissions season chosen at the end of this contract, with the exception of multi-year packages specifically outlined on the services page. If a school the Client applied to as part of that package has not yet reached a final determination on the Client’s candidacy by April 30th, Accepted will continue to offer support until it does.

As for the purchase of Accepted package services, the Client acknowledges that the fee for such services is non-refundable. If, by April 30^th of the current admissions season, the Client does not utilize the services at all, the client acknowledges that all payments will be forfeited. Unused services cannot be deferred to the following admissions season under any circumstances.

Hourly Services

As for the purchase of hourly services, subject to the Termination provisions herein, Accepted requires a minimum purchase of two hours of hourly services. Additional hours can be purchased in one hour increments. Hourly services will expire after six (6) months of the date of purchase. If the Client does not complete the application process in a given admissions season but returns to Accepted to utilize the hourly services in the subsequent admissions season, the Client will pay for hourly services in the subsequent admissions season at the hourly rates then applicable. Accepted will not refund or defer any of the Client’s unused time.

Note: Clients who select Package services cannot then switch to or add Hourly services. Clients who purchase Hourly services may switch to Package services but any hourly fees already paid are not applicable to the Package fee.

III. ACCEPTED RESPONSIBILITIES

Accepted hereby agrees to:

1. deliver Services to Client in a competent and professional manner;
2. maintain confidential all material and information provided by Client;
3. exercise good faith efforts to return Client requests or phone calls within two (2) Business Days; and
4. exercise good faith efforts to respond to all written work submitted by Client within two (2) Business Days.

“Business Day” shall mean any day during which Accepted is open for business between the hours of 9:00 a.m. Eastern and 9:00 p.m. Eastern, other than Saturday and Sunday and designated holidays.

Any document submitted to the Consultant between 9:00 a.m. and 9:00 p.m. will be returned to the Client before 9:00 p.m. as indicated day in the table below. All inquiries made and documents sent after 9:00 p.m. Eastern on a Business Day will be considered to have been received as of the next Business Day. For example, if an essay is submitted to the Consultant at 9:30 p.m. on Monday, the submission day/time will be considered Tuesday at 9:00 a.m. and the edited essay will be returned to the Client by Thursday at 9:00 p.m.

Accepted’s holiday schedule and the dates Accepted will return all written materials following a holiday closure can be found here.

IV. CLIENT ACKNOWLEDGEMENTS

In addition to such other acknowledgements given by Client in this Agreement, the Client hereby agrees and acknowledges:

1. that all information and/or materials provided to Accepted and its representatives will be truthful, accurate, and written by the Client;
2. that Accepted is not obliged to prepare or draft application materials, including any supporting documentation or written materials that will form part of any application for admission;
3. that Accepted is not obliged to perform the administrative work of formatting application material, although Accepted is obliged to offer formatting suggestions and guidance;
4. that Accepted is not obliged to edit work that has been written, rewritten or edited by a third party;
5. that Accepted is not obliged to line-edit recommendations, whether written by the recommender or by the applicant, but will give broader feedback and advice on the recommendation;
6. that Accepted is not obliged to edit essays more than 50% over the stated word limit;
7. that Accepted does not provide complimentary ding reviews at the end of hourly or package services and that ding reviews are only available for purchase according to the hourly fees set forth in Schedule A attached hereto;
8. that once the Client commences any work on any application within a package offering, the Client has committed to completing this application and cannot start a different application later in the engagement in its place.
9. that Accepted is not obligated to prepare clients for interviews until the client has received an interview invitation from the school.
10. that Client’s relationship is with Accepted and not with any of its individual employees or contractors and Client will therefore not directly or indirectly engage or solicit any individual or entity providing any of the Services on behalf of Accepted to provide any Services to client or any other person or entity.
11. that Accepted works with a single client, the applicant, who is designated to receive the services. Unless you are a recommender purchasing a letter of recommendation service or an applicant purchasing a letter of recommendation service for your recommender, our client is always the applicant.

V. NO WARRANTIES

CLIENT ACKNOWLEDGES THAT, BY REASON OF THE SUBJECTIVE NATURE OF THE APPLICATION PROCESS AND SUCH OTHER PROCESSES INVOLVING STUDENT ENTRY INTO THE WORK FORCE, NEITHER ACCEPTED NOR ITS REPRESENTATIVES HAVE MADE ANY EXPRESS, IMPLIED OR OTHER REPRESENTATIONS OR WARRANTIES THAT ITS SERVICES WILL GUARANTEE CLIENT ADMISSION TO ANY ACADEMIC INSTITUTION OR CONTRACT WITH ANY OTHER DESIRED ENTITY, FIRM OR ORGANIZATION, OR ANY OTHER PROFESSIONAL OUTCOME.

VI. LIMITATION OF LIABILITY

IN NO EVENT SHALL ACCEPTED BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, GENERAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR LOSS OF ANY KIND WHATSOEVER, OR FOR ANY LIABILITY OF CLIENT TO A THIRD PARTY, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, THAT RESULT FROM THE SERVICES BEING PURCHASED HEREIN OR FROM THE USE OF, OR THE INABILITY TO USE, THE ACCEPTED WEBSITE OR THE INFORMATION CONTAINED ON THE ACCEPTED WEBSITE.

IN NO EVENT SHALL ACCEPTED’S TOTAL LIABILITY FOR ANY DAMAGES, LOSSES, OR CAUSES OF ACTION RESULTING FROM THE SERVICES PROVIDED HEREIN OR THE USE OF THE ACCEPTED WEBSITE, WHETHER BASED IN CONTRACT, TORT, OR ANY LEGAL THEORY OR OTHERWISE, EXCEED THE AMOUNTS PAID BY CLIENT TO ACCEPTED IN THE IMMEDIATELY PRECEDING THREE (3) MONTH PERIOD PRIOR TO THE INITIATION OF ANY SUCH CLAIM, ACTION, OR PROCEEDING AGAINST ACCEPTED.

FOR THE PURPOSES OF THESE LIMITATION OF LIABILITY PROVISIONS, USE OF THE ACCEPTED WEBSITE INCLUDES, WITHOUT LIMITATION, ANY SERVICES THAT ACCEPTED MAY PROVIDE TO CLIENT AS A RESULT OF CLIENT’S USE OF THE SAID WEBSITE.

VII. TERMINATION

If the Client is dissatisfied with Accepted’s Services, Client shall notify Accepted of his/her issues or concerns within fourteen days of such issue causing dissatisfaction, at which point Accepted and the Client shall work together to address and/or remedy the issue within a mutually agreed upon timeframe (which shall be no less than fourteen days). If the problem is not addressed or cured to the reasonable satisfaction of both parties, either party shall have the right to terminate this Agreement upon written notice to the other party. Pursuant to this provision only and notwithstanding any other provision in this Agreement to the contrary, at Accepted’s reasonable discretion, Client may receive a partial refund.

Accepted will be entitled to immediately terminate this Agreement on written notice to the Client for any egregious behavior, misconduct or breach by the Client relating to this Agreement, such termination to be at Accepted’s sole discretion. Accepted will not refund Client for any Accepted package services or hourly services which have already been paid but remain incomplete as at the date of termination.

VIII. NOTICE

1. Any notice in writing required or permitted to be given to Accepted under this Agreement shall be sufficiently given in writing and shall be sent by electronic transmission to Accepted at: info@accepted.com
2. Any notice in writing required or permitted to be given to Client under this Agreement shall be sufficiently given in writing and shall be sent by electronic transmission to Client at the email address provided.
3. Any notice, request, demand or other communication given by electronic transmission shall be deemed to have been received at the time the transmission was sent.

IX. ASSIGNMENT

Accepted shall have the right, at its election, to assign this Agreement to any person, firm or corporation. The Client may not assign its rights under this Agreement under any circumstances.

X. ENTIRE AGREEMENT

This Agreement contains the entire Agreement between the parties and supersedes all previous negotiations, understandings and agreements, verbal or written with respect to any matters referred to in this Agreement.

XI. JURISDICTION

It is the intention of the parties that this Agreement and the performance under it be construed in accordance with and pursuant to the laws of the State of Delaware and that in any action or other proceeding arising out of, in connection with, or by reason of this Agreement, the laws of the State of Delaware shall govern.

XII. INDEMNIFICATION

Client agrees to protect, indemnify, save, defend, and hold harmless Accepted, its affiliates, subsidiaries, parent entities, and partners, and each of their assigns, agents, representatives, officers, directors, shareholders, and employees from and against any and all expenses, damages, claims, suits, actions, judgments, costs and expenses whatsoever (including reasonable attorney’s fees), arising out of, or in any way connected with (i) any breach of this Agreement; and/or (iii) any acts or omissions of Client. In the event Accepted expends any monies in an effort to enforce the terms and conditions of this Agreement, Client shall reimburse Accepted for all of said costs and expenses (including reasonable attorney fees).

XIII. FORCE MAJEURE

If any of the obligations of Accepted is hindered or prevented, in whole or in substantial part, because of a Force Majeure Event, the same shall not be deemed to be a breach of this Agreement, and all other obligations of Accepted shall continue. A “Force Majeure Event” shall mean causes beyond the control of Accepted including, but not limited to: an Act of God, inevitable accident, fire, illness or disability, labor dispute, riot or civil commotion, act of public enemy, act of terror and/or terrorism, governmental act, regulation or rule, failure of technical facilities, national day of mourning, emergency announcement or news bulletin, inability to obtain supplies, delays in transportation, embargos, illness, or other reason beyond the control of Accepted that is generally regarded as force majeure.

XIV. MISCELLANEOUS

If any provision of this Agreement or the application thereof shall be invalid or unenforceable to any extent, the remainder of this Agreement or the application thereof shall not be affected, and each remaining provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. Paragraph headings contained hereunder are solely for the purpose of aiding in speedy location of subject matter and are not in any sense to be given weight in the construction of this Agreement. Accordingly, in case of any question with respect to the construction of this Agreement, it is to be construed as though paragraph headings had been omitted. Each of the parties has participated in the negotiation and preparation of this Agreement and therefore waives any rule of law or judicial precedent that provides that contractual ambiguities are to be construed against the party who shall have drafted the contract in question. This Agreement constitutes the entire understanding between Accepted and Client and cannot be altered or modified except by an agreement in writing signed by both Accepted and Client. Upon its execution, this Agreement shall supersede all prior negotiations, understandings, and agreements, whether oral or written, and such prior agreements shall thereupon be null and void and without further legal effect.

Accepted and Client acknowledge that the Services are inherently of a personal nature and that a key element of the Services is that Client’s reputation as a candidate be preserved and that Accepted’s reputation be preserved. Accepted agrees that it will not disparage or make negative comments with respect to Client or Client’s credentials to any admissions counselor or professional at any academic institution. Client agrees that s/he will not disparage, or make negative comments with respect to, Accepted or its business, the Services or any of its counselors, officers, employees, contractors or other representatives, including without limitation posting (anonymously or otherwise) online or in the media any negative comments or reviews.

XV. COUNTERPARTS

This Agreement may be executed in a number of counterparts and all such counterparts shall for all purposes constitute one agreement binding on the parties.

SCHEDULE “A”

PACKAGE SERVICES

The following is a general summary of the Services to be provided by Accepted. Accepted will use commercially reasonable efforts to provide these Services. The precise Services to be provided will be determined by Accepted after discussion with the Client and will be tailored for the applicable Client taking into account the client’s particular profile, qualifications and other relevant circumstances.

MBA Admissions:

• Packages include school choice evaluation, essay strategy, essay editing, letters of recommendation guidance, resume critique, interview prep, final application review, waitlist support, decision counseling

Medical School and Healthcare Admissions:

• Premed Consulting includes monthly consulting sessions, guidance throughout the entire primary application and secondary applications, interview assistance, decision counseling
• Packages include application strategy, school choice guidance, personal statement editing, consulting and editing on activity/experience descriptions, primary application final review.
• Secondary packages include advising and editing for up for 20 schools' secondary applications (up to 1000 words per school), mock interviews, waitlist advice, and decision counseling
• Residency/Fellowship Packages include strategy and editing for personal statement, editing experience section, CV advising and editing, final review of application, interview prep and editing of one CV.

Law School Admissions:

• Packages include evaluation of law school choices, strategy and editing of personal statement, editing diversity statement, editing additional essays, resume advising and editing, letters of recommendation advising, final review of application, waitlist advising, decision counseling

Graduate School Admissions:

• Packages include school selection guidance, strategy session, brainstorming, outlining and editing statement of purpose and additional essays, advising and editing short answer questions, letter of recommendation guidance, resume advising and editing, application final review, mock interview, waitlist advice, decision counseling
• Writing Sample Packages include one critique of one draft and line editing on one writing sample. Upgraded Writing Sample Packages also include guidance on developing your topic, advice on determining sources, recommendations to clarify arguments and effectively use evidence, outline of writing sample

PhD Admissions:

• Packages include brainstorming for personal statement or statement of purpose, outlining and editing of statement of purpose, outlining and editing of research proposal, letter of recommendation guidance, CV advising and editing, interview prep, final application review, waitlist support, decision counseling

College Admissions:

• Packages include school choice evaluation, essay strategy, editing of essays, resume critique, final application review, waitlist support, decision counseling

HOURLY SERVICES

All Hourly Services have a two-business-day response.

Accepted charges a minimum, non-refundable hourly fee for two hours of our services.

*Any and all time that an Accepted consultant directs towards an applicant file is deemed to be billable time.

Accepted charges a minimum incremental fee, based on a five-minute time period for any client request. Therefore, any client interaction will be billed at this minimum rate. Any time required for a specific task that exceeds five minutes will be billed to the minute.

For example: A client sends a quick email a question. It takes the consultant three minutes to respond. The consultant would bill the client for five minutes of his/her time. To maximize your time, please bundle your questions!

Effective as of December 22, 2022