ZILAH LLC
Terms & Conditions
General Terms of Service
The access and use of this website, as well as any services offered by GradMissions, are subject to the following terms. Use of the website and any services indicates your acceptance of these “Terms and Conditions” and operates as a binding agreement between you and GradMissions. If you do not agree to these Terms and Conditions, please reach out to GradMissions with any questions. You should review these Terms and Conditions frequently as they are subject to change without notice at the sole discretion of GradMissions. By continuing to use this website and services, you are indicating your continuing acceptance of the Terms and Conditions.
Site Use
GradMissions provides clients with advice, materials, information, articles, news, videos, and other information (collectively, “sources”) in an effort to increase their chances of acceptance to a graduate program of their choice. These sources retain all copyright and other proprietary notices and values. The distribution of these sources by GradMissions to its client(s) is made with the understanding that the client(s) will utilize them for their own, personal benefit. The sharing, modification, reproduction, or further distribution of these sources is strictly prohibited except without the express written consent of GradMissions. Clients acknowledge and agree that they will keep all materials confidential. By using GradMissions’ services, a client attests that they are not an agent or employee of any other graduate degree consulting company.
The breach of any of these terms will result in the termination of GradMissions services to the client.
All content, including any and all trademarks, service marks, designs, logos, and functionality on the GradMissions website, including but not limited to text, graphics, images, and their arrangement, is the exclusive property of Zilah LLC and/or its licensors and is protected by applicable state, federal, and international law. All rights are reserved.
Disclaimer of Warranties
GradMissions does not make any warranty of any kind, either expressed or implied, as to the results a client may expect from the use of GradMissions’ services. GradMissions does not guarantee that the use of its services will improve a client’s chances of admission to the graduate program of their choice. GradMissions is not responsible for any loss, injury, claim, liability or damage (including rejection from any graduate program) related to your use of our services.
Liability Limitation
GradMissions makes no warranties or representations as to the performance or merchantability of the services provided through this website. GradMissions is not liable for any damage, defect, delay in operation or transmission, or unauthorized access to hardware or software by users accessing this website, or for loss of business, commercial, or personal profits, or for any consequential damages made by using or accessing the information on this website for any cause whatsoever, regardless of the form of action. If you are uncomfortable with this limitation of liability, you should refrain from using this website and the services provided by GradMissions.
You are exclusively liable for any content, statements, messages, identifiers, images, or videos you transmit through the website. You specifically acknowledge and agree that GradMissions is not liable for any defamatory, offensive, or illegal conduct stemming from a client’s use of this website.
GradMissions knows that some jurisdictions do not allow for the exclusion or limitation of incidental or consequential damages. The liability of GradMissions in those jurisdictions shall be limited to the greatest extent permitted by law.
Indemnification
A client agrees to indemnify and hold GradMissions, its owners, officers, employees, agents, and representatives, individually and collectively, harmless for all claims, liabilities, damages, and expenses (including attorneys’ fees and expenses) stemming from the use of this website and GradMissions’ services or any alleged breach of these Terms and Conditions by the client.
Third-Party Sites
This website may periodically provide links to third-party websites for use by interested parties. GradMissions encourages the user to exercise discretion while using or accessing any third-party website. GradMissions is in no way affiliated with these third parties and makes no representations regarding these websites, the accuracy, integrity, or legality of their content, or the use of the products or services provided therein. GradMissions does not endorse any particular product or service provided by a third-party website. GradMissions does not and cannot endorse the accuracy or reliability of any information provided by a third-party website.
Third-Party Service Providers
GradMissions may be hired by organizations to provide services to a smaller subset of clients. For instance, a law firm may contract with GradMissions to provide services on behalf of the firm as an award or scholarship. In those circumstances, GradMissions acts as a third-party service provider. Irrespective of who is paying for the services of GradMissions, these Terms and Conditions apply to the recipient of the services.
Payment Through Invoices
A user or organization enlisting the services of GradMissions to provide third-party services may desire to make payment through an invoice. In those circumstances, explicit written consent is required from GradMissions. Please contact josh@gradmissions.org if you desire to make payment via an invoice. For payments made through invoice, GradMissions will issue an invoice that specifies the amount to be paid, date of invoice, and the currency in which payment will be made. GradMissions will also determine the payment date of the amount provided on the invoice. If payment is not made by the specified date, GradMissions has a right to charge the maximum penalty allowed by law as interest.
Payment Information
In order to collect payment from users, GradMissions requires the user to provide personal or organizational financial information, including all necessary credit card information (i.e., full name, credit card number, credit card type, credit card expiration date, and credit card CVV number) or bank information (i.e., full account number and routing information). GradMissions reserves the right to discontinue services or ban users should any of their financial information be found to be incorrect or fraudulent. If necessary, GradMissions may conduct additional background and identity verification checks by asking for more user information. By providing any personal or financial information, the user allows GradMissions to use the information to process their fee. GradMissions might share the user’s financial information with a third-party payment processor (i.e., QuickBooks). The user agrees to pay any additional tax and fees that are required by the third-party payment processor.
Fees paid by a user or organization to GradMissions are non-refundable. A user or organization is prohibited from transferring these fees to the account of another user. A confirmation of purchase will be sent to the user(s) or organization(s) once the fee has been successfully processed.
Unpaid Services
In certain circumstances, GradMissions may offer its services free of charge or on a pro bono basis to a user. In those circumstances, even though no payment has been made, the user(s) will still be expected to abide by the Terms and Conditions contained herein.
GradMissions reserves the right to terminate unpaid services at any time. Furthermore, the full scope of services may not be available to users who are receiving services free of charge or on a pro bono basis. The extent and scope of the services in those circumstances will be at the discretion of GradMissions.
Termination of Services Due to Missed Payment
GradMissions has the right to terminate services immediately if the user or organization has not paid the fees required to access the services. GradMissions may provide a grace period during which the user or organization can access our services if GradMissions believes good faith efforts are being made to make the necessary payment(s) with a specified grace period. The establishment of such a grace period and its duration are entirely within the discretion of GradMissions.
Services
A client may purchase a package that includes a specific allotment of services and access to an advisor and their dedicated time working on the client’s application(s). Additionally, a client may purchase an allotment of services, a la carte. GradMissions will thereafter provide the client with services not to exceed the allotted service area for one application cycle, not to exceed one calendar year. A client’s access to GradMissions services will expire if a client goes more than 365 days without making contact with GradMissions.
GradMissions will provide scheduled meetings with clients with at least two days’ (48 hours’) notice. A meeting is not scheduled until both GradMissions and the client have agreed to the meeting time and location/platform. GradMissions is not obligated to provide services via a meeting, email, or telephone that are not scheduled under these guidelines. However, GradMissions may, from time to time, be willing to schedule a meeting on short notice, but such a meeting is in the full discretion of GradMissions. GradMissions may not be able to work with clients on federal holidays.
If the client fails to attend the first fifteen minutes of a scheduled meeting, the client will be considered a no-show, and the advisor will not be required to wait any longer for the client. GradMissions requires twenty-four (24) hours of notice to cancel or reschedule a scheduled meeting.
Response Time
GradMissions will make every effort to respond to a client’s emails in a timely fashion, which will be interpreted to mean within forty-eight (48) hours of receipt. After a client initiates contact with GradMissions and purchases any package, GradMissions will provide the client with an intake form to complete. Upon completion of the intake form, GradMissions will review the intake form and establish a recommended plan of action. GradMissions will then reach back out to the client, within forty-eight (48) hours of receipt of the intake form, to schedule any necessary meetings.
Termination
In the event GradMissions is unable to complete its obligations with regard to any client(s), GradMissions reserves the right to terminate its agreement with the client(s) and refund the client(s) on a prorated basis.
Confidentiality
GradMissions may share a client’s information within its organization to improve the ability of its advisors to service the client’s needs. In all other respects, GradMissions will keep a client’s personal information, test scores, and all other identifiers confidential. In the event a state or federal sovereign insists upon the disclosure of any such information pursuant to legal authority, GradMissions will notify the client of any such development while complying with all legal requirements.
Refund Policy
GradMissions does not offer refunds on any packages or services purchased by a client or third-party payor, whether any unused portion of a package or allotment remains. Following the free consultation, a client or third-party payor will be invoiced for the package or services they have selected. The payment of the invoice indicates the client’s or third-party payor’s express approval and understanding of this policy.
Chargebacks
Should a client or third-party payor initiate a chargeback dispute with their credit card issuer or financial institution regarding any payment made to GradMissions under the terms of this Agreement, GradMissions will immediately terminate all services to the client provided under this Agreement.
Choice of Law – Jurisdiction – Attorneys’ Fees
These Terms and Conditions will be governed by the laws of Oklahoma applicable to contracts entered into and performed exclusively in that state. Any court of competent jurisdiction sitting within Cleveland County will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement. The client hereby waives any argument that any such court does not have jurisdiction over your or such dispute or that venue in any such court is not appropriate or convenient. To the extent available under applicable laws, GradMissions will be entitled to recover its court costs and reasonable attorneys’ fees and expenses incurred in successfully proving any breach of any term of this Agreement.