Agreement
This Pitch Deck Review Service Agreement (the “Agreement” or “Service Agreement”) states the terms and conditions that govern the contractual agreement between Roast My Pitch Ltd having its principal place of business at 10 Argie Road, Leeds, L24 2RD (the “Consultant”), and {businessName} having its principal place of business at {businessAddress} (the “Client”) who agrees to be bound by this Agreement.
WHEREAS, the Consultant offers Pitch Deck Review Service relating to the provision of a review of the Client’s pitch deck; and
WHEREAS, the Client desires to retain the services of the Consultant with regard to improving their investment offer and fundraising strategy according to the terms and conditions herein.
NOW, THEREFORE, In consideration of the mutual covenants and promises made by the parties hereto, the Consultant and the Client (individually, each a “Party” and collectively, the “Parties”) covenant and agree as follows:
1. Term
1.1 This Agreement shall begin on the Effective Date and continue until the Client’s receipt of the Pitch Deck Review provided by the Consultant.
1.2 Any additional work or engagement by the Client will be subject to a new Agreement.
2. Pitch Deck Review Service
2.1 The Consultant agrees that it shall provide its expertise to the Client for things pertaining to the investment process, fundraising strategy, revenue model, marketing and design (the “Pitch Deck Review Service”).
2.2 The Client understands that the Consultant only gives advice relating to business to the best of the Consultant’s ability and that no results are guaranteed. The Client is solely responsible for any actions or decisions made based on the Consultant's advice or recommendations and the Client is solely responsible for the subsequent outcomes of those actions or decisions.
2.3 The Client acknowledges, understands, and agrees that the Consultant is not a qualified lawyer, accountant, or other regulated professional. The Client agrees that the Consultant is not misrepresenting themself in any way. The Client understands the limited scope of the Pitch Deck Review Service offered and agrees they are within both the Consultant’s ability and the Client’s need.
2.4 The Consultant aims to deliver the Pitch Deck Review within five (5) working days of confirming receipt of both payment and the Client’s Pitch Deck. This timeline is an estimate and may vary depending on demand. Any delays will be communicated to the Client.
3. Compensation
3.1 In consideration for the Pitch Deck Review Service, the Client shall pay the Consultant a fee of £295 on the signing of this agreement and submission of the pitch deck document. The Consultant is not obliged to perform any work for the Client until the Consultant can confirm receipt of Payment.
4. Intellectual Property Rights
4.1 The Parties acknowledge and agree that the Client will hold all intellectual property rights in any work product resulting from the Pitch Deck Review Service including, but not limited to, copyright and trademark rights. The Consultant agrees not to claim any such ownership in such work product's intellectual property at any time prior to or after the completion and delivery of such work product to the Client.
4.2 The Parties acknowledge that the Consultant will not make use of the Client’s likeness, content, voice, and words for marketing purposes unless the Consultant seeks the Client’s written permission to do so. This includes the use of recorded sessions, written words, Client business details, Client’s fundraising strategy and logo, and Client investment results.
4.3 The Client is permitted to identify themself as a Client of the Consultant in their marketing. Any other partnership identities are acceptable subject to written agreement between the Client and the Consultant.
4.4 The Client acknowledges the Consultant retains the Intellectual Property Rights pertaining to all templates, worksheets, resources, models, and other such Materials that the Consultant has made, reproduced, developed, or shared prior to, during, after, or as part of the Pitch Deck Review Service. The Client agrees to reasonably act to protect the Consultant’s Intellectual Property Rights. The Client agrees to refrain from sharing, reproducing, copying, or otherwise infringing upon the Consultant’s Intellectual Property Rights.
Confidentiality
5.1 The Consultant will not:
(a) disclose to any third party any sensitive details regarding the Client’s business, including any information regarding any of the Client’s customer or business information that may reasonably be expected to damage the Client’s ability to fundraise or conduct business (the Confidential Information), except when superseded by Intellectual Property Rights, or where the client has requested an introduction to a third party;
(b) make copies of any Confidential Information for personal use or for distribution unless requested to do so by the Client or it is reasonably required in the scope of the Pitch Deck Review Service; or
(c) use Confidential Information other than solely for the benefit of the Client.
5.2 The Client will not disclose to any third party any sensitive details regarding the Consultant’s business, including any information regarding any of the Consultant’s customer information, business plans, or price points (the Confidential Information). The Client agrees to refrain from sharing, reproducing, copying, or otherwise infringing upon the Consultant’s Intellectual Property Rights or disseminating in any way any of the Consultant’s Confidential Information.
For more information on how we store your data, please read our fully Privacy Policy.
6. Non-competition
6.1 During the term of this Agreement and for 3 months thereafter, the Consultant shall not engage as an employee, officer, manager, partner, consultant, agent, owner or in any other capacity, in any direct competition with the Client or any of its subsidiaries unless express written notice of 15 days has been given to the Client by the Consultant.
7. Liability waiver
7.1 The Client acknowledges and agrees that they have read, understood, and agree to the following terms of this Waiver:
(a) The Consultant provides Pitch Deck Review Service and advice, but does not guarantee any specific results or outcomes. The Client is solely responsible for any actions or decisions made based on the Consultant's advice or recommendations and the Client is solely responsible for the subsequent outcomes of those actions or decisions.
(b) The Consultant is not liable for any damages or losses that may result from the Client's use of the Consultant's services or advice, including but not limited to direct, indirect, incidental, consequential, or punitive damages.
(c) The Client releases and holds harmless the Consultant, its officers, directors, employees, agents, and representatives from any and all claims, liabilities, and damages arising from or in connection with the Consultant's services or advice. (d) Nothing in this Agreement will:
(i) limit or exclude any liability for death or personal injury resulting from negligence;
(ii) limit or exclude any liability for fraud or fraudulent misrepresentation;
(iii) limit any liabilities in any way that is not permitted under applicable law; or
(iv) exclude any liabilities that may not be excluded under applicable law.
(e) This Waiver shall be governed by and construed in accordance with the laws of England and Wales.
8. Indemnification
8.1 The Client agrees to indemnify, defend, and protect the Consultant from and against all lawsuits and costs of every kind pertaining to the Client’s business including reasonable legal fees due to any act or failure to act by the Client based upon the Pitch Deck Review Service.
9. Refund Policy and Money-Back Guarantee
9.1 The Client has the right to request a full refund if they change their mind within 14 days of purchase and before the Consultant has delivered the Pitch Deck Review Service. This is in accordance with UK Consumer Contracts Regulations.
9.2 If the Consultant has already delivered the Pitch Deck Review Service, the right to a refund under clause 9.1 no longer applies.
9.3 However, the Consultant offers a goodwill money-back guarantee. If the Client is not satisfied with the Pitch Deck Review Service after delivery, they may request a refund within seven (7) days of receiving the review by emailing the Consultant with an explanation of why they feel the service did not provide value.
9.4 Refunds will be issued at the sole discretion of the Consultant in accordance with this Agreement.
10. Force Majeure Event
10.1 If a Force Majeure Event gives rise to a failure or delay in either party performing any obligation under this Agreement other than any obligation to make a payment, that obligation will be suspended for the duration of the Force Majeure Event.
10.2 A party that becomes aware of a Force Majeure Event which gives rise to, or which is likely to give rise to, any failure or delay in that party performing any obligation under this Agreement, must: (a) promptly notify the other; and (b) inform the other of the period for which it is estimated that such failure or delay will continue.
10.3 A party whose performance of its obligations under this Agreement is affected by a Force Majeure Event must take reasonable steps to mitigate the effects of the Force Majeure Event.
11. General
11.1 The Consultant retains the right to unilaterally change the name and price of the Consultant’s Pitch Deck Review Service without affecting the other terms, clauses, warranties, or intended meanings in this Agreement. This Agreement may not otherwise be varied except by a written document signed by or on behalf of each of the parties.
11.2 No breach of any provision of this Agreement shall be waived except with the express written consent of the party not in breach.
11.3 If any part of these Terms is found to be invalid or unenforceable, the rest will remain fully in effect. Where necessary, invalid parts will be removed or adjusted without affecting the overall agreement.
11.4 Neither party may without the prior written consent of the other party assign, transfer, charge, license or otherwise deal in or dispose of any contractual rights or obligations under this Agreement.
11.5 This Agreement is made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to this Agreement are not subject to the consent of any third party.
11.6 Subject to the Liability Waiver clause this Agreement shall constitute the entire agreement between the parties in relation to the subject matter of this Agreement, and shall supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter.
11.7 All of the Parties' warranties and representations in respect of the subject matter of this Agreement are expressly set out in this Agreement. To the maximum extent permitted by applicable law, no other warranties or representations concerning the subject matter of this Agreement will be implied into this Agreement or any related contract.
11.8 This Agreement shall be governed by and construed in accordance with English law.
11.9 The courts of England shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this Agreement.
11.10 The parties hereto agree that failure by either party to strictly enforce any provision of this agreement shall not constitute a waiver or an estoppel, nor preclude either party from subsequent strict enforcement of any or all provisions in or as part of this agreement.
12. Definitions
Effective date is the date upon which the Client’s payment is received by the Consultant;
Pitch Deck is the uploaded investment document that the Client uploads for the Consultant to review;
Confirmation Email is an automated email received by the Client that confirms payment has been received by the Consultant and Pitch Deck has been submitted.