ComplaintsforSweat Heroes LLC

• Initial Complaint

  09/09/2024

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  Refer to supporting document "BBB Complaint *** *****.pdf" for complete description.I discovered *** ***** through his ******* channel Unclaimed CEO, where he promoted his surplus funds business and coaching program. He claimed to run a multiple six-figure income business with 12 virtual assistants (VAs). However, he misrepresented his business and failed to deliver as *********** October 2023, *** ***** and I had sales calls to discuss his coaching program. We agreed on a 90-day program for $3,000, payable in three installments. The program included deliverables such as a Letter of Intent, Business Plan, Website, Digital Business Card, and CRM, with hosting included perpetually at no extra cost. *** ***** also promised a written contract.I made two payments of $500 each via Zelle, totaling $1,000, for the first installment. Despite this, I never received the promised written contract or a receipt. During our onboarding strategy call, *** ***** defaulted on our verbal agreement.Deliverables were often delayed, completed haphazardly, and contained many errors. About four weeks after the first installment, *** ***** admitted he no longer employed any VAs for surplus funds, contradicting his earlier claims.On November 10, 2023, the second installment was due. I requested a refund due to *** Greens failure to perform and his lies. I cited the lack of a written contract, unprofessional deliverables, and poor communication as reasons for the refund. *** ***** admitted mishandling the situation and promised to make things right but did not follow through.On November 21, 2023, *** ***** terminated my coaching program and blocked access to completed items. On December 5, 2023, he responded to my refund requests with a Formal Request for Communication Cessation email, attempting to intimidate me into stopping communication. This was another tactic to evade responsibility and keep the money he was not entitled to.

  Business response

  09/09/2024

  Dear Better Business Bureau,
  
  I am writing to address the allegations made by Mr. ********* in his complaint. I find his claims both unsubstantiated and misleading, and I would like to clarify the facts surrounding our business relationship.
  
  First, contrary to Mr. *********** assertions, we had a binding verbal and written contract that outlined the scope of services I would provide. This agreement included consulting services related to surplus funds recovery, specifically deliverables such as the Letter of Intent (LOI), Business Plan, Website, Digital Business Card, and CRM integration. It is important to note that I not only upheld these obligations but also over-delivered by providing additional one-on-one coaching time and services beyond what was stipulated in the contract.
  
  Mr. *********** failure to make timely payments as per our agreement constitutes a material breach of contract on his part. After multiple attempts to secure payment following his default, we were forced to pause his program, as clearly outlined in our contract's terms of service. His refusal to comply with the payment schedule cannot be justified as a reason to demand a refund. It is standard business practice to withhold further services until the outstanding balance is settled.
  
  In regard to Mr. *********** claims that deliverables were delayed and incomplete, I categorically deny these accusations. My team provided all agreed-upon services in a professional and timely manner. We have documented correspondence, revisions, and approvals that demonstrate Mr. *********** acceptance of the work completed. His subsequent dissatisfaction appears to stem solely from his failure to pay the agreed-upon amount and his attempts to retroactively alter the terms of our agreement.
  
  Additionally, Mr. *********** threats to disparage my business on social media and weaponize the BBB in exchange for a refund constitute a form of coercion and bad faith conduct. These tactics are not only unethical but also constitute an attempt to extort funds to which he is not entitled.
  
  In closing, I have upheld my end of the agreement in its entirety, and Mr. ********** actions are reflective of a breach of contract and bad faith dealings. I respectfully request that the BBB recognize the baseless nature of these claims and dismiss this complaint.
  
  Sincerely,  
  *** *****

  Business response

  09/10/2024

  See Attachments

  Customer response

  09/11/2024

   
  Complaint: 22253302
  
  I am rejecting this response because:

  *** ***** has repeatedly failed to produce a fully executed signed contract, despite his claims of having one. He has also not provided any evidence to support his response or explained his supporting documents. This disorganized approach aligns with my experience working with him. He has not disproved any of my claims and has failed to provide evidence for any part of his own claims.
  
  *** ***** knowingly misrepresented his business operations to secure my business for his personal gain, only to egregiously default on our verbal agreement. I am still owed a refund, but he lacks the integrity to provide it. By denying the refund with the BBB, he is employing another tactic to unlawfully retain funds instead of conducting responsible business practices.
  
  *** Greens unethical business practices are clearly demonstrated by his disorganized response. His lack of organization and transparency highlights the persistent issues I encountered while working with him and further weakens his counterclaim. His chaotic approach by submitting numerous attachments without proper explanations, citations, or references, showcases his disorderly and haphazard business methods. This disorganization was a recurring nightmare throughout our business relationship, and some of his attachments even contradict his counterclaim.
  
  *** Greens explanation for my failure to pay the second installment is illogical. As shown in my exhibits, *** ***** failed to perform immediately after the first installment. I continuously brought this to his attention throughout the first 30 days, as evidenced in Exhibits A, B, and C. Consequently,a second payment was not made. He breached the verbal contract, admitted it by stating he wanted to reset with me, and then made no adjustments to reset.  Therefore, I held payment until he reset as he promised, but he never did.

  I am completely dissatisfied with the service and still expect a refund.
  
  
  Sincerely,
  
  ****** *********

  Business response

  09/14/2024

  Dear BBB,

  
  In response to Mr. *********** rejection of my previous statement, I would like to further clarify and expand upon several key points to illustrate that his complaints are legally and factually unfounded. Although your system only allows me to upload 5 documents, I have more than 15 additional documents of proof displaying all the work I provided. Mr. ********* intentionally or unintentionally provided proof of professional services rendered in his initial response as well. 

  
  Contractual Agreement  

  
  Contrary to Mr. *********** assertion, we indeed had a valid and binding agreement, per California law, based on written communications and actions taken by both parties. As evidenced by the email correspondence Mr. ********* and I exchanged, an explicit agreement was established regarding the services I was to provide, including weekly private coaching, business CRM setup, website creation, ***** preparation assistance, and several other deliverables. The specificity of these terms and Mr. *********** acknowledgment demonstrate mutual consent and agreement. California law recognizes email exchanges as forming a legally binding contract when there is a clear understanding of the services provided, which was the case here.

  
  Evidence of Completion  

  
  Mr. *********** claim that I failed to produce work is categorically false. Ironically, his attachments prove that I have upheld my end of the agreement and completed the services with professionalism and care. As outlined in our communications, I provided the services agreed upon and went above and beyond by offering additional coaching and support. For instance, beyond the weekly coaching sessions included in the original agreement, I also provided additional video chat coaching sessions at Mr. *********** request. This evidence clearly shows that I made every effort to exceed his expectations and provide value beyond the scope of our initial agreement.

  
  Extra Services and ************************ Demands 

  
  From the beginning of our business relationship, it became apparent that Mr. ********* expected services outside of our agreed-upon terms. He sought my assistance in running his business operations, which falls far beyond the scope of a business mentor and into the realm of an employee. This was never part of our agreement and is neither fair nor reasonable to expect. Despite this, I provided significant support, including creating his website, setting up his CRM, developing business documents, creating video course training, and dedicating more than double my time than initially promised. My intention was always to support Mr. *********** success, not to become an employee to manage his business. Mr. ********* never intended to honor the entire payment for my services but sought to exploit the coaching arrangement for his benefit. This pattern of behavior suggests an attempt to receive services without proper compensation, essentially theft of services.

  
  Unsubstantiated Allegations and Harassment  

  
  Any credible evidence does not support Mr. *********** repeated assertions that I misrepresented my business. His attachments show the detailed and extensive work that I provided. He has harassed me throughout this process, demanding services that were outside our agreement and continuously shifting expectations to avoid payment. The evidence shows that Mr. ********* failed to pay the second installment as required, a clear breach of our contract. His refusal to make this payment while demanding additional services indicates an intent to receive free services, and his subsequent defamation of my character further reinforces this motive.

  
  Conclusion  

  
  Mr. ********** complaints are invalid and unwarranted and demonstrate a clear pattern of attempting to avoid payment while making defamatory claims about my character and business operations. As a small veteran-owned business, I have provided top-tier services and have always acted ethically and professionally. I have made every attempt to ensure Mr. ********* was satisfied, even going above and beyond the original terms of our agreement. His dissatisfaction stems not from any failure on my part but from his unreasonable expectations and refusal to fulfill his contractual payment obligations. His attempts to manipulate the situation to avoid payment are unacceptable and constitute a scam-like effort to receive services without compensation.
  I respectfully ask the BBB to dismiss his complaint, as it is baseless and lacks supporting evidence. I am willing to make things right with any customer, but Mr. ********** demands and actions are neither fair nor justifiable under the terms of our agreement.

  
  Sincerely,  

  
  *** Green  
  
  

  
  

  Customer response

  09/23/2024

  Invalid Contract, Inflated Figures

  We dont have a valid agreement due to *** ***** giving deceptive figures during our sales calls that inflated *** Greens business operations, including claims about his team size and a multiple six-figure income. This was already explained.

   

  Inadequate Contract

  The contract that *** ***** is now standing on is insufficient and fails in detailing our agreement.  It lacks necessary terms and conditions for this type of business transaction.

   

  Withholding

  Additionally, *** ***** withheld his inexperience in the sales calls after fogging the conversation with inflated figures, which would have eliminated him as the coach that I was seeking. A few weeks after working with him, he admitted he had only ever closed one mortgage overage deal. He knew Id be working on mortgage overages, and I was seeking a coach with ample success and experience. 

   

  Course Poor Quality

  I will never be logging in again or using any documents or contracts from it.  *** Greens course does not compare to other courses on the market because it lacks sufficient detail. The contracts and documents are unprofessional, with numerous typos and formatting issues. *** ***** doesnt even use his own contracts or documents; otherwise, he would have removed the typos. This makes me question where he got them. Given these issues, its too risky.

   

  Breach of Contract

  Additionally, per our agreement during the sales call, nothing after that was ever done exactly as agreed or expected. For example, he never explained why the deliverables were late, incomplete, in a reverse order from his coaching strategy and to our agreement. This massively delayed my first months action plan for securing funding. And *** ***** still today denies the dated emails revealing his communication about it.. Today he denies things he has already admitted to in the past. 

    

  Undelivered Items

  To date, I have received nothing in terms of deliverables. The business plan and LOI were delivered in an inaccessible method requiring a software I dont have and was never informed I needed.  So what he considers delivered documents were not actually delivered because I dont have access to the software he used. He didnt finish the editing job and passed the files to me three times later than the promised deadline of a week, and they were still not finished with the few simple edits. The documents were incomplete, with unfinished edits and contained watermarks rendering them useless even if they were completed. During the sales call, he said I would receive finished documents for my business to use, but that is not what happened. He said I could keep everything completed but he never sent what was completed such as the files for the website or digital business card. The website was already up, but he took it offline. The *** was already set up, but he blocked access.

  Honestly, Im quite offended by *** Greens claim that Im trying to get something for free. First off, I have received nothing from this transaction to date and I dont want anything. More importantly, I had to pay at the start, so what would a person be trying to get for free?

   

   Retaliation

  *** ***** retaliated two weeks after the business relationship ended. He sent an unlawful email stating cessation of communication when I had full legal reasons to be in contact. I only sent emails about this matter and he claimed harassment.

  He simply couldnt take responsibility for his mistakes and how that impacted our business relationship.  I am due back my money as I have nothing from our agreement and his services hindered my production and I lost time to all this. 

               

  I find it highly unprofessional for *** ***** to use what he now calls a contract to deny a refund for his reasons. This so-called contract, which I was unaware of to be our contract, does not detail any aspects of our business relationship or agreement at the much needed level he is now using it. In this case, he is liable because his contract fails.

  He stated he wanted to reset.  He admitted he had not held up to our agreement and this was already explained.  He chose to not make any adjustments to my program even though he admitted fault..

   

  Extra Coaching Sessions and Services

  *** ***** offered this in light of the ongoing issues at the time.  We had one session for 30 mins. Im not sure what *** ***** means by saying I was seeking assistance for running my business operations.  Nothing had even started yet.  I delayed 3 weeks waiting on documents necessary for funding that were promised in one week and were sent inaccessible and incomplete. 

  As stated, I never received anything from this transaction and I do not want anything from this point.  This matter will persist without my money returned.

  Business response

  09/23/2024

  This response is submitted to address and correct the false allegations and inaccuracies in *** ********** complaint. I will detail the facts of our agreement and services provided, leaving no room for ambiguity.
  
  Validity of the Agreement:

  
  The agreement between myself and *** ********* is legally binding under California law. ********** recognizes contracts formed via written communication, such as email exchanges, where both parties clearly consent to the terms. This agreement was fully detailed in our correspondence, which included clear expectations for services to be provided. *** ********* acknowledged these terms and proceeded to receive the agreed-upon services. His claim of an invalid agreement holds no weight, as the documentation, including emails, provides irrefutable evidence of a valid, enforceable contract.
  
  Services Rendered and Proven by *** ********** Own Evidence:

  
  Contrary to his claims, *** ********* received every service outlined in our agreement, including but not limited to a fully functional website, CRM setup, business plan development, and weekly coaching. The irony here is that *** ********* himself has submitted evidence, in the form of attachments, proving that these services were completed and delivered. Additionally, email correspondence between us further confirms that I provided the agreed-upon services and more.
  
  In fact, I went beyond the original scope of our agreement. *** ********* received additional coaching sessionstwo weeks worth of extra consultingat no charge. Despite receiving these services, he has refused to pay the final amount owed, totaling $500 for the extra consulting, which I had initially forgiven in good faith. This shows that I not only met but exceeded the expectations set out at the beginning of our business relationship.
  
  Unfounded Claims of Non-Delivery:

  
  *** ********** assertion that he did not receive deliverables or that they were incomplete is factually incorrect. All deliverables were provided in standard formats, accessible with commonly available software. At no point did *** ********* request an alternative format or raise any issue with accessibility until after services were completed. His claim that the website and CRM were "blocked" is equally falseboth were live and fully accessible throughout our business relationship.
  
  Misrepresentation and Harassment Claims:

  
  *** ********* has alleged that I misrepresented my business operations and experience. These claims are baseless. Throughout our engagement, I was transparent about the services I provide, my business model, and my role as a business consultant. It is important to clarify that I am a consultant, not an employee of *** ********* or his business, and any expectations that I would manage his business operations were never part of our agreement. His complaints seem to stem from a fundamental misunderstanding of our relationship. Despite this, I continued to work with him in good faith, even after it became clear that his demands were outside the scope of the original contract.
  
  As for the harassment claim, I chose to cease communication after the termination of our business relationship due to *** ********** repeated attacks on my character and unsubstantiated accusations. This was a protective measure to prevent further unwarranted harassment.
  
  Potential Legal Action for Unpaid Services:

  
  To reiterate, I provided all services as outlined in our agreement, including additional consulting, for which *** ********* has failed to pay. While I have chosen to forgive the outstanding balance of $500, *** ********** continued false accusations and attempts to avoid payment may necessitate further legal action. If this behavior continues, I will be forced to pursue the unpaid debt for services rendered through the appropriate legal channels.
  
   
  In summary, I provided all services as agreed upon, with proof of completion shown through both email correspondence and attachments submitted by *** ********* himself. His claims of an invalid contract, non-delivery of services, and misrepresentation are unfounded and contradicted by the very evidence he has submitted. If *** ********* continues to make these baseless accusations, I reserve the right to pursue legal action to recover the unpaid balance for services rendered. 
  
  I respectfully request that the BBB dismiss this complaint, as it is without merit and appears to be an attempt by *** ********* to avoid paying for services that were completed in full.
  
  Sincerely,  
  *** Green  
  
  

  Customer response

  10/01/2024

  This high-ticket transaction needs to make sense to reach a satisfactory conclusion. From the start, it was not set up properly to withstand any potential disagreements. I was never informed that the welcome email would serve as the contract. I was expecting a written contract for signature, including many pertinent details from the sales call. Far too many things have not made sense to me, and I have sought clarity in my correspondence. Denying a refund in any complaint, with or without evidence, does not align with the chosen contract, especially when other contracts are just as easily available. The chosen contract underperforms compared to what was discussed during the sales call.

  I strongly suggest that *** ***** and I work towards a resolution to put this matter behind us. The current state and extent of the transaction were not addressed under any terms or conditions during the sales call. Additionally, the underperforming contract does not meet the intended use. We should refer to the verbal agreement made during the sales call and find a resolution for the $1000 exchanged.

  Regarding the extra coaching sessions, I was awaiting details for the proposed reset during the time these sessions occurred. *** ***** had already been informed of my dissatisfaction and his failure to meet the agreed-upon terms during the first installment period. He admitted that my account was mishandled and mentioned that he had fired one of his virtual assistants who worked on my account. Despite this, he did not follow through on his promises or make any necessary adjustments, ultimately leading to the end of our business relationship.

   

  My proposed 2 part resolution is as follows:

   

  $500 for a course refund which matches the same amount he normally sells the course.  *** Greens level of inexperience in surplus funds at the time was not made known to me during the sales call.  Weeks after my program started, he stated he had closed only one mortgage overage deal ever.  He didnt meet my standards to justify selling a course or providing coaching services in the surplus funds industry.  Plus, the course contracts and documents are too risky to use containing typos and formatting issues throughout.  Its obvious *** ***** doesnt use or review his own course contracts and documents because if he did, he would have fixed the typos and formatting issues.

   

  And

   

  As for the remaining $500 I request *** ***** propose a resolution and consider the following points:

  *** ***** stated in his email that I could keep all documents his team created for me.

  I was not delivered a business plan with all edits complete per our agreement.  Both the business plan and LOI are unusable containing watermarks.

  I do not have any website or digital business card documents and access is blocked.

  I do not have CRM access.

   

  This business relationship caused major setbacks and an extreme delay for my business launch which ultimately cost me more time and money which is not included at this time.

   

  On November 20, 2023, I advised *** ***** to keep his goods and return my money. I still prefer my money be returned rather than receiving any goods from *** ***** at this point. I am open to negotiating this part of the transaction if it facilitates a resolution.

   

  Business response

  10/01/2024

  Greetings Better Business Bureau,
  
  I appreciate the opportunity to respond to Mr. *********** complaint. It is unfortunate that his recollection of our professional relationship differs from the reality of the services provided. I will clarify the facts and address his allegations with brevity.
  
  To begin, Mr. ********* entered into a valid and binding agreement with me after receiving and reviewing the terms of our coaching program, which were sent via email and acknowledged through both verbal and written communications. In the state of California, an agreement formed through electronic means, such as email, constitutes a legally enforceable contract under the California Uniform Electronic Transactions Act (****). Mr. ********* made two payments under this contract, which further validates his acceptance of the terms.
  
  Regarding the coaching services, I not only fulfilled my obligations but exceeded them, providing additional consulting services and coaching time, well beyond what was initially agreed upon. This included personal coaching sessions and revisions to business documents, all of which were delivered in good faith. However, Mr. ********* failed to complete his payment obligations, which resulted in the suspension of services, including access to the CRM.
  
  It is important to note that Mr. *********** request for a refund due to dissatisfaction is unfounded. The coaching program was delivered as agreed, and the services providedsuch as the business plan, LOI, and website developmentwere substantial. Additionally, any access restrictions were directly tied to his non-payment, not as a punitive measure, but as an industry-standard business practice. 
  
  The CRM, which Mr. ********* claims he no longer has access to, was part of the program valued at $3,000, and he only partially fulfilled his financial obligations. As a result, the suspension of CRM access was warranted and in line with our contractual terms. 
  
  I would also like to address his additional claims. The business plan, LOI, and website were completed and provided to Mr. ********** His statements about "watermarks" and document usability are without merit; these deliverables were finalized and delivered per our agreement. As for his claims regarding my employee count, this is irrelevant to the core issue and should not have any bearing on the dispute.
  
  In an effort to resolve this matter amicably, I am offering to waive the outstanding $500 balance owed to me for services rendered, despite the fact that I have fulfilled more than what was contractually required. This gesture demonstrates my commitment to resolve this issue in good faith, despite the financial loss incurred by my business. 
  
  Finally, I must ask that Mr. ********* to cease all further communication with me through any channels, including email, text, or phone, as his recent behavior has escalated to the level of harassment. I expect that this matter will be resolved once he accepts my offer to waive the balance and both parties can move forward.
  
  I trust that the BBB will recognize my efforts to address this issue fairly and that this matter will be closed.
  
  Sincerely,  
  *** *****

  Customer response

  10/04/2024

   
  Complaint: 22253302
  
  I am rejecting this response because:

  I had hoped this complaint would prompt a thorough review of my account with the provided evidence to reach a resolution. Unfortunately, this did not happen. The need for resolution remains valid. Despite multiple exchanges and my attempts to negotiate, *** ***** did not engage. I maintain that all my funds are due back for the many reasons explained within.

  
  Sincerely,
  
  ****** *********

*Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business. ↩