Terms and Conditions
- The CLIENT is of the opinion that the COMPANY has the necessary qualifications, experience, and abilities to provide advisory services to the CLIENT.
- The COMPANY is agreeable to providing such advisory services to the CLIENT on the terms and conditions set out in this Agreement.
IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the CLIENT and the COMPANY (individually the “Party” and collectively the “Parties” to this Agreement) agree as follows:
1. The CLIENT hereby agrees to engage the COMPANY to provide the CLIENT with the following consulting services (the “Services”):
- To develop a profit-centric budget for the business, monitor profit margins, and make actionable suggestions on ways to increase, stabilize, or sustain profitability.
2. The Services will also include any other consulting services by which the Parties may agree. The COMPANY hereby agrees to provide such Services to the CLIENT.
TERM OF AGREEMENT
1. The term of this Agreement (the “Term”) will begin on the date of this Agreement and will remain in full force and effect indefinitely until terminated as provided in this Agreement.
2. In the event that either Party wishes to terminate this Agreement, that Party will be required to provide written notice to the other party.
3. In the event that either Party breaches a material provision under this Agreement, the non-defaulting Party may terminate this Agreement immediately and require the defaulting Party to indemnify the non-defaulting Party per the agreement terms.
4. This Agreement may be terminated at any time by mutual agreement of the Parties.
5. Except as otherwise provided in this Agreement, the obligations of the COMPANY will end upon the termination of this Agreement.
1. The Parties agree to do everything necessary to ensure that the term of this Agreement take effect.
2. Profit Plans will be rendered within 14 business days from the time that all necessary data is provided to the COMPANY.
3. Advisor Hours will commence on the date and time that is booked by using the COMPANY's online booking service.
1. Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in USD (US Dollars).
- The CLIENT will select and process payment for their preferred services online
- The COMPANY will charge the CLIENT at the rates found on the COMPANY's website
- No rate changes will take place by the COMPANY, thus the agreement will stay in place until services are fully rendered or until the CLIENT cancels the service agreement.
- All funds must be paid in full by the CLIENT to begin Services.
- The CLIENT can request to pay for services by invoice.
- Invoice payments must coincide with the price for services found on the COMPANY's website.
- Invoices submitted by the COMPANY to the CLIENT is due within 15 days of the invoice date and on/or before the Invoice's due date.
- If the CLIENT elects to change from one service agreement to another, the COMPANY has the authority to reject or accept this request. The CLIENT may still be liable for the full payment of both services.
PENALTIES FOR LATE PAYMENT
1. Any late payment will trigger a stop in service until full payment has been made.
2. Payments classified as late will incur a 10% late fee on the standing balance.
3. The COMPANY may cancel the service agreement at any time during the agreement if the Client cancels or suspends the delivery of services 2 times within a 3 month period.
- Confidential information (the “Confidential Information”) refers to any data or information relating to the business of the CLIENT or COMPANY which would reasonably be considered to be proprietary to the CLIENT or COMPANY including, but not limited to, accounting records, business processes, and client records and this is not generally known in the industry of the CLIENT or COMPANY and where the release of that Confidential Information could reasonably be expected to cause harm to the CLIENT or COMPANY.
- The CLIENT and COMPANY agree that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the CLIENT or COMPANY has obtained, except as authorized by the CLIENT or COMPANY as required by law. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this Agreement
- All written information, oral information, and material disclosed or provided by the CLIENT to the COMPANY or by the COMPANY to the CLIENT under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to the CLIENT or Company.
OWNERSHIP OF INTELLECTUAL PROPERTY
- All intellectual property and related material (the “Intellectual Property”) that is developed or produced under this Agreement by the Company is the ownership of the Company unless otherwise put in writing by the Company stating that the rights of ownership have been transferred from the Company to the Client. Thus any Intellectual Property created by the Company during the Agreement is offered to the Client as a non-exclusive limited-use license.
- Title, copyright, intellectual property rights and distribution rights of the Intellectual Property remain exclusively with the Company.
RETURN OF PROPERTY
1. Upon the expiration or termination of this Agreement, both Parties will return any property, documentation, records, or Confidential Information which is the property of the other Party.
1. In providing the Services under this Agreement it is expressly agreed that the Company is acting as a service provider and not an employee of the Client. The Company and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.
RIGHTS OF SUBSTITUTION
1. Except as otherwise provided in this Agreement, the Company may, at the Company’s absolute discretion, reassign any persons providing Services to the Client at any time with or without notice.
2. Any changes made to the persons responsible for providing Services to the Client does not change the scope or Agreement between the Client and the Company.
3. In the event a new team member is added to the Clients account:
• The Client will be made aware of the changes.
• The Client will be provided contact details for the newly assigned persons.
• The Client will receive an introductory call and email from their newly assigned persons.
1. Except as otherwise provided in this Agreement, the Company will have full control over working time, methods, and decision making in relation to the Services in accordance with the Agreement. The Company will work autonomously and not at the direction of the Client. However, the Company will be responsive to the reasonable needs and concerns of the Client.
1. The Client will be responsible, at their own expense, for any and all equipment, software, materials, and any other supplies deemed necessary by the Company to receive the Services in accordance with the Agreement.
1. The Client acknowledges that this Agreement is exclusive engagement between the Company and the Client. During the time of the Agreement, the Client is not permitted to engage or contract with a third party for the provision of services similar to the Services.
1. All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties at their digital or physical addresses.
Or to such other address as either Party may from time to time notify the other, and will be deemed to be properly delivered (a) immediately upon being served personally, (b) two days after being deposited with the postal service if served by registered mail (c ) the following day after being deposited with an overnight courier, or (d) the following day after being electronically mailed with a successful receipt of delivery.
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1. Except to the extent pain in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective directors, stockholders, affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and cots of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective directors, stockholders, affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.
CODE OF ETHICS
1. The Company is committed to the highest ethical standards and the delivery of services. The company is committed to:
• Choosing clients that align with the Company, its mission, and values
• Turning down work that is harmful to the Company’s business and reputation
• Maintaining an oath of honesty even when it is not with the client want to hear
• Avoiding conflict of interest situations whenever possible
• Informing the Client immediately when problems arise or errors occur
• Keeping proprietary and confidential information private
• Conducting regular examinations of the Company
• Discussing client expectations prior to any work to be performed
DISCLOSURE / DISCLAIMER
1. The job to be performed consists of developing a profit-centric budget for the business, monitoring profit margins, and making actionable suggestions on ways to increase profitability.
2. The Company’s job is to find the problems and create the structure to achieve profitability, the Client’s job is to fix the problem or hire someone to fix the problem.
3. The Client is liable for failure to correct any situation that has been detected.
4. The inspection results presented are based on standard guidelines as provided by federal, state, and local law and as generally known in the industry.
5. The results are accurate only to the date of the report.
6. The results are accurate to the extent that the Company has been provided access to all of the data and documents concerning the matter.
7. It is strongly recommended that the suggestions provided herein be implemented within 90 days of receipt.
8. A suggested timeline to make changes is provided with all recommendations, however, all recommendations should be addressed as soon as possible.
9. The Company assumes no liability for the Client’s failure to implement or for improper implementation of the recommendations.
10. Nothing the Company does will constitute legal advice and the Client should have all legal matters reviewed with legal counsel.
1. To provide the highest level of service, the Company requires the Client to utilize the following cloud-based systems:
- A document management platform with messaging capabilities; access provided by the COMPANY.
- Video conferencing software that can host multiple people at once; access provided by the COMPANY.
2. If the Client can not access the required systems the Company can opt to suspend services; it should not be implied that the COMPANY can or will shift to another system provider at any time.
3. The Client is permitted to change system providers at any time but if the Client opts out of maintaining the system requirements, this will result in a cancellation of service between the Client and the Company. Any damages incurred would be that of the Client.
CONFLICT RESOLUTION POLICY
- In order to maintain and promote a respectful and productive working relationship, the Company encourages a proactive approach to resolving conflicts.
- By signing this agreement, both Parties agree to follow the communication guidelines set forth by the Company.
- When conflict arises, both Parties are encouraged to connect freely involving all principals tasked with resolving the conflict.
- If the issue can not be resolved using the initial approach, either Party has the right to reboot the issue by filing an official complaint.
- To file a complaint, an email titled “CR Claim” should be sent via email to email@example.com.
- The email should CC all parties involved, state the issue in detail including dates, include any resolution requests
- What to expect when filing a claim; all requests are set to be resolved in 30 days or less, with 1-2 weeks being the norm. all parties must respond via email to any requests within 3 days from the date the request was made for the case to remain active, all communication pertaining to the case will be handled via email using the email address firstname.lastname@example.org
- If a complaint cannot be resolved, the Parties will be introduced to an arbitrator to mediate the issue at a cost of $250 paid by the Party presenting the claim.
- The meeting between both Parties will take place in person at the Company’s selected location.
- The Party presenting the claim must make payment n full to receive an official date of arbitration.
- The arbitration meeting can take up to 2 hours in length and the decision of the arbitrator is considered to be the final decision of the claim.
12. If either Party wishes to pursue the case further, it will be escalated to open court and at the expense of the Party presenting the claim.
13. If the claimant does not win the case in open court, the claimant will be responsible for the defendant's court costs and subject to any counterclaims for damages.
MODIFICATION OF AGREEMENT
1. Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.
TIME OF THE ESSENCE
1. Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.
1. The Company will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client.
1. It is agreed that there is no representation, warranty, collateral agreement, or condition affecting this Agreement except as expressly provided in this Agreement.
1. This agreement will ensure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.
1. Headings are inserted for the convenience of the Parties only and not to be considered when interpreting this Agreement.
GENDER & CLASSIFICATON
1. Gender words expressed by the Company are intended to mean that words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa. It is not the Company’s intent to offend or misclassify any individual wishing to categorize themselves as anything other than what is/was expressed.
1. This Agreement will be governed by and construed in accordance with the laws of the State of Texas.
1. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
1. The waiver by either Party of a breach, default, delay, or omission of any of the provisions of this Agreement but the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.
Some industries have higher than average consumer abuse complaints, which can directly impact our ability to provide profit-boosting services. To help protect consumers from predatory companies, we reserve the right to deny services to any company including companies in these industries.
Some examples include:
- Escort and dating services
- Pharmaceutical products
- Work from home, make money online and lead generating opportunities
- Gambling services or products
- Multi-level marketing or affiliate marketing
- List brokers or list rental services
- Selling 'Likes' or followers for a social media platform