hereafter referred to as “the student,” desire to retain Rich Leffler and AxSellerated Development, LLC, a Limited Liability Corporation formed in the State of Delaware and hereafter collectively referred to as “the tutor” or “AxD,” to provide examination preparation tutoring services in consideration of, acknowledgment of, and agreement to the following:
1. All tutoring sessions must be scheduled in advance.
2. Tutoring sessions will be conducted virtually via Zoom teleconference and, as such, the student will be fully responsible for independently securing any and all equipment and devices, software, and downloads necessary to facilitate the Zoom interaction including but not limited to a valid Zoom account.
3. Tutoring services will be provided at an hourly rate of $85.00 per session hour, fully due and payable prior to or on the date of scheduling the tutoring session.
4. Tutoring sessions are scheduled for one-hour durations.
5. The student is afforded the option of purchasing a 15-session hour, discounted tutoring package for $1,200.00, payable in full, prior to the scheduling and commencement of the first tutoring session contained within this package.
6. In the event that the student cancels or reschedules a tutoring session for any reason and due to no cause of AxD, the student agrees to notify AxD, in writing, of the need to cancel or reschedule said tutoring session no later than 24 hours prior to the commencement of the scheduled session. Any cancelation or request to reschedule received by AxD within 24 hours of and up to four hours prior to the session’s scheduled start time will incur a non-refundable cancellation fee equal to 50% of the scheduled session rate. Any request to reschedule a session that is received by AxD within four hours of and up to the session’s scheduled start time cannot be honored.
7. Should a student who has purchased a 15-session-hour, discounted tutoring package decide to cancel or withdraw from this commitment 24 hours or more after remitting full payment, the student will not be entitled to any refund of the $1,200.00. Additionally, no refund, pro-rated or otherwise, will be issued if the student fails to complete all 15 session hours for any reason other than that caused by AxD.
8. If the student purchases a 15-session-hour, discounted tutoring package, session hours will be scheduled at the time of purchase or at the conclusion of each tutoring session until all 15 session hours have been exhausted.
9. Any previously-purchased, non-package tutoring session will not be credited towards the completion of and/or payment towards any future discount package session purchased.
10. The fee for any scheduled tutoring session for which the student is a “no show” is fully non-refundable.
11. A “no-show” occurs when a student fails to present for a scheduled tutoring session within 20 minutes past the session’s scheduled start time.
12. If a student arrives for a scheduled session after the session’s start time but within 20 minutes therefrom, the student shall forfeit the time missed as the session will conclude at its originally-scheduled conclusion time.
13. Missed time due to a student’s tardiness will not be credited towards any future session.
14. Any non-package, tutoring session cancelled by AxD will result in the student receiving a full refund of any monies paid towards or for that particular cancelled session. The student may alternatively elect to apply the entitled refund as a credit towards future tutoring.
15 Any package tutoring session cancelled by AxD will afford the student the opportunity to reschedule the session at no additional expense.
16. Any refunds owed to the student will be issued within 30 calendar days from the date upon which the refund entitlement occurs.
17. Payment for services are to be remitted through the AxSellerated Development website via credit card, debit card, or GPay.
18. The purpose of the tutoring retained is to prepare the student for a hopefully-successful navigation through the Nationwide Mortgage Licensing System (NMLS) 120-question National Mortgage Licensing Examination including the Uniform State Content (USC).
19. Although the student will receive exam-taking tips, strategies, and material to review throughout the tutoring process, all with the ultimate goal of the student passing the exam, AxD neither warrants nor guarantees that the student will pass said examination. In order to pass the examination, the student must independently study, master, and prepare beyond the tutoring provided. The student assumes and bears sole and full personal and professional responsibility and liability for whatever outcome results from their taking the exam while fully and completely indemnifying AxD and Rich Leffler against any consequences, adverse or otherwise, that may or does result therefrom or for any other reason.
20. The student, along with any and all interested parties, agrees to fully indemnify AxD and Rich Leffler against any consequence, including, but not limited to, loss or delay of occupation, job, or present or future income, that may result from the student’s exam outcome or failure to take the NMLS National Mortgage Licensing Examination.
21. The student acknowledges their understanding that AxD is in no way directly, indirectly, or otherwise affiliated with the Nationwide Mortgage Licensing System and Registry (NMLS) and any conducted tutoring is a non-mandatory supplement to and is in no way contributory towards the satisfaction of any NMLS- or individual state-specific mandated education or other requirements.
22. The student remains independently and solely obligated to satisfy all SAFE Act-, NMLS-, and/or individual state-established requirements for securing the desired mortgage loan originator license(s).
23. AxD makes no representations regarding the amount of tutoring that the student may need. This Agreement remains open-ended, does not obligate AxD or the student to any set amount of scheduled tutoring (aside from what is contracted through the purchase of a 15-session-hour, discounted tutoring package), and may be terminated, at will, by either party and at any time in accordance with Sections six (6), seven (7), fourteen (14), and fifteen (15) of this Agreement.
24. This Agreement may not be amended by any party other than AxD and any changes or amendments to this Agreement must be made to and agreed upon in writing.
25. If any part of this contract is deemed unenforceable by a court of competent jurisdiction, all remaining parts will remain and be considered in force.
26. This contract, and any litigation that may result therefrom, is and will be subject to the laws of the State of North Carolina.