Read our Consulting Service Agreement and click the I AGREE button to take you to the Checkout page.
Consulting Service Agreement
This Agreement (the “Agreement”) is entered into on the date I send my confirmation, by filling out the information required below and clicking on the I AGREE button below, by and between Money Pitfalls, LLC (the “Consultant”), a Florida limited liability company, with address at 14900 SW 30th Street 278782 in Miramar, FL USA 33027, and myself as the legal representative of my company, (the “Client”), collectively, the “Parties”.
The “Client” and the “Consultant” agree on the following terms of this “Agreement”:
1. The Services. - The “Consultant” will perform a financial analysis of the “Client´s” business to find performing problems so the “Client” can take action to solve them. The “Client” will provide the “Consultant” with financial and operating information required by the “Consultant” using the predesigned forms provided by the “Consultant”, to perform its services. Based on this information, the “Consultant” will generate and send the “Client” a report of the “Client´s” business. The "Consultant" may offer the "Client" a simplified Diagnostic report at no cost for the "Client" as a promotional tool. The “Client” will be responsible of the accuracy of the information provided to the “Consultant”.
“Client” agrees that actions taken as a result of the analysis performed by the “Consultant” are “Client´s” responsibility only. The information, consultancy services, and reports provided by the “Consultant” to the “Client” are just tools to help the “Client” to solve its business performance issues. These services will be performed in the best possible way using market standard and proprietary formulas to measure the “Client” company´s performance. “Consultant” is not responsible for the outcome of the decisions made by the “Client” and therefore is no liable for the decisions and results from the actions taken by the “Client”. Additionally, the “Client” may hire the “Consultant” by the hour at package rates. This service will be provided through virtual meetings only.
2. Client Requirements. - “Client” agrees to the following terms for delivery and review of materials.
A. The “Client” will provide the “Consultant” with reliable and timely information requested by the “Consultant”.
B. The “Client” will set aside enough time to participate in the virtual meetings, if consultancy hours are hired;
C. The “Client” will make payments to “Consultant” on time.
D. After 30 days of no contact from “Client” to the “Consultant”, the “Consultant” will assume the “Client” is no longer in need of the “Consultant’s” services, and the “Consultant” may terminate the “Agreement”; in this event, all unpaid fees will be due and collectable at the time of termination.
3. Compensation and Payment. - Service fees are shown in the Checkout section of this website (www.moneypitfalls.com). The “Client” has the right to cancel the repeated credit or debit card authorizations until midnight of the third (3rd) business day after it is signed and executed. “Client” may cancel this agreement by emailing a written notice to the “Consultant” before midnight of the third business day. Notice of cancellation sent after this deadline may be deemed invalid at the sole discretion of the “Consultant”.
4. Term and Termination. - This Agreement will commence on the effective date the first payment is made by the "Client" to the "Consultant" and will continue until the forementioned services are carried out or unless otherwise agreed to by both the “Consultant” and the “Client”. In the event that the “Client” desires to terminate the Services hereunder, the “Client” must submit a written request by e-mail to the “Consultant” at least seven (7) days prior to the desired date of termination. If “Client” chooses to terminate this agreement, all monies owed to the “Consultant” will be due immediately and will be automatically charged to the “Client’s” payment method on file. Under no circumstances will the “Consultant” give refunds of the amount paid for the Services hereunder.
5. Ownership of Materials. - The “Consultant” shall retain the creative rights to all original materials, data and similar items, produced by the “Consultant” hereunder in connection with the Services under this agreement. All services and software used by the “Consultant” shall at all times be the sole property of the “Consultant” and under no circumstances shall “Client” have any interest in or rights to the title to such materials, or software. “Client” acknowledges that the “Consultant” may use and modify existing materials for “Client’s” benefit and that “Client” holds no rights to such materials.
6. Confidentiality and Proprietary Information. - Except as provided elsewhere in this Agreement, all information disclosed by one Party to the other Party, shall be deemed to be confidential and proprietary (“Proprietary Information”). Such Proprietary Information includes, without limitation, financial statements, operating information, and other Information belonging to or related to a Party’s affairs. The receiving Party acknowledges and agrees that in any proceeding will enforce this Agreement. The Parties, their employees, subsidiaries, affiliates, agents, and assigns agree to hold all Proprietary Information, regardless of when or how disclosed, in strict confidence. The Parties warrant and represent that the degree of care contemplated herein is adequate and the Parties will take any and all steps reasonably necessary to preserve such Proprietary Information.
Nothing in this Agreement shall prohibit or limit the receiving Party’s use of information that can be demonstrated as: (a) previously known to the receiving Party, (b) independently developed by the receiving Party, (c) acquired from a third party not under similar nondisclosure obligations to the disclosing Party, or (d) acquired through the public domain through no breach by the receiving Party of this Agreement.
The Parties acknowledge that the Proprietary Information exchanged is valuable and unique and that disclosure in breach of this Agreement will result in irreparable injury to the adversely affected Party, for which monetary damages, on their own, would be inadequate. Accordingly, the Parties agree the adversely affected Party shall have the right to seek an immediate injunction enjoining any such breach or threatened breach of the Agreement.
7. Limitation of Liability. - The “Consultant” shall not be liable for any incidental, consequential, indirect or special damages, or for any loss of profits or business interruptions caused or alleged to have been caused by the performance or nonperformance of the Services, or delays due to causes beyond its control. “Client” agrees that, in the event the “Consultant” is determined to be liable for any such loss, “Client's” sole remedy against the “Consultant” is limited to a refund of payments made by “Client” for said Services, less expenses paid to subcontractors or to third parties. The “Consultant” is not responsible for errors which result from faulty or incomplete information supplied to the “Consultant” by “Client”. “Client” also agrees to not seek damages in excess of the contractually agreed upon limitations directly or indirectly through suits by or against other parties.
8.Handling of Disputes. - The Parties agree that any dispute regarding this Agreement, and any claim made by “Client” for return of monies paid to the “Consultant”, shall be handled in accordance with applicable State and Federal laws. The “Consultant” will provide “Client” with an itemization of hours spent within a reasonable time upon the request of the “Client” and payment will be expected in full within 30 days from the date such itemization is provided. If “Client” does not pay for such hourly work upon the “Consultant’s” demand and within 30 days, the “Consultant” reserves the right to initiate an action in court for breach of contract, regardless of the previous outcome of any credit card cancellation dispute.
9. No Guarantee. - The “Consultant” does not warrant or guarantee any specific level of performance or results. Example of results obtained for other clients of the “Consultant” may be used as a marketing tool and shown to “Client” for demonstrative purposes only and should not be construed by “Client” as indicating any promised results or level of results.
10.Communications. - “Client” agrees the communication is to be via email only, the email address to use is [email protected]. If the “Client” wishes to speak on the phone, the “Client” should send an email to the “Consultant” stating that would like to schedule a phone call and the “Consultant” will work with the “Client” to arrange a time. The “Consultant’s” office hours are 9:00 am to 1:00 pm and 3:00 to 5:00 pm United States of America central Time. The “Company” typically responds to email within 24-48 hours excluding weekends and standard public holidays.
11.Entire Agreement. - This Agreement is the final, complete and exclusive Agreement of the Parties. No modification of or amendment to this Agreement shall be effective unless in writing and signed by each of the Parties.
12.Severability. - If any provision of this Agreement shall be held to be illegal, invalid or unenforceable, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement, the remaining provisions of this Agreement shall remain in full force and effect.
13.Headings. - The headings used in this Agreement are for convenience only and shall not be used to limit or construe the contents of this Agreement.
14.Interpretation and Enforcement. - The parties understand and agree that the construction and interpretation of this Agreement is governed by the laws of the State of Texas. In the event of any dispute over the interpretation or operation of this Agreement which cannot be resolved by mediation, the parties agree to submit the dispute to arbitration in McAllen, Texas, in United States of America, pursuant to the Commercial Arbitration Rules of the American Arbitration Association and to accept the award of the arbitrators as final and binding.
By clicking on the I AGREE button below, the "Client” hereby understands and agrees to all terms and conditions of this Agreement.
This Agreement (the “Agreement”) is entered into on the date I send my confirmation, by filling out the information required below and clicking on the I AGREE button below, by and between Money Pitfalls, LLC (the “Consultant”), a Florida limited liability company, with address at 14900 SW 30th Street 278782 in Miramar, FL USA 33027, and myself as the legal representative of my company, (the “Client”), collectively, the “Parties”.
The “Client” and the “Consultant” agree on the following terms of this “Agreement”:
1. The Services. - The “Consultant” will perform a financial analysis of the “Client´s” business to find performing problems so the “Client” can take action to solve them. The “Client” will provide the “Consultant” with financial and operating information required by the “Consultant” using the predesigned forms provided by the “Consultant”, to perform its services. Based on this information, the “Consultant” will generate and send the “Client” a report of the “Client´s” business. The "Consultant" may offer the "Client" a simplified Diagnostic report at no cost for the "Client" as a promotional tool. The “Client” will be responsible of the accuracy of the information provided to the “Consultant”.
“Client” agrees that actions taken as a result of the analysis performed by the “Consultant” are “Client´s” responsibility only. The information, consultancy services, and reports provided by the “Consultant” to the “Client” are just tools to help the “Client” to solve its business performance issues. These services will be performed in the best possible way using market standard and proprietary formulas to measure the “Client” company´s performance. “Consultant” is not responsible for the outcome of the decisions made by the “Client” and therefore is no liable for the decisions and results from the actions taken by the “Client”. Additionally, the “Client” may hire the “Consultant” by the hour at package rates. This service will be provided through virtual meetings only.
2. Client Requirements. - “Client” agrees to the following terms for delivery and review of materials.
A. The “Client” will provide the “Consultant” with reliable and timely information requested by the “Consultant”.
B. The “Client” will set aside enough time to participate in the virtual meetings, if consultancy hours are hired;
C. The “Client” will make payments to “Consultant” on time.
D. After 30 days of no contact from “Client” to the “Consultant”, the “Consultant” will assume the “Client” is no longer in need of the “Consultant’s” services, and the “Consultant” may terminate the “Agreement”; in this event, all unpaid fees will be due and collectable at the time of termination.
3. Compensation and Payment. - Service fees are shown in the Checkout section of this website (www.moneypitfalls.com). The “Client” has the right to cancel the repeated credit or debit card authorizations until midnight of the third (3rd) business day after it is signed and executed. “Client” may cancel this agreement by emailing a written notice to the “Consultant” before midnight of the third business day. Notice of cancellation sent after this deadline may be deemed invalid at the sole discretion of the “Consultant”.
4. Term and Termination. - This Agreement will commence on the effective date the first payment is made by the "Client" to the "Consultant" and will continue until the forementioned services are carried out or unless otherwise agreed to by both the “Consultant” and the “Client”. In the event that the “Client” desires to terminate the Services hereunder, the “Client” must submit a written request by e-mail to the “Consultant” at least seven (7) days prior to the desired date of termination. If “Client” chooses to terminate this agreement, all monies owed to the “Consultant” will be due immediately and will be automatically charged to the “Client’s” payment method on file. Under no circumstances will the “Consultant” give refunds of the amount paid for the Services hereunder.
5. Ownership of Materials. - The “Consultant” shall retain the creative rights to all original materials, data and similar items, produced by the “Consultant” hereunder in connection with the Services under this agreement. All services and software used by the “Consultant” shall at all times be the sole property of the “Consultant” and under no circumstances shall “Client” have any interest in or rights to the title to such materials, or software. “Client” acknowledges that the “Consultant” may use and modify existing materials for “Client’s” benefit and that “Client” holds no rights to such materials.
6. Confidentiality and Proprietary Information. - Except as provided elsewhere in this Agreement, all information disclosed by one Party to the other Party, shall be deemed to be confidential and proprietary (“Proprietary Information”). Such Proprietary Information includes, without limitation, financial statements, operating information, and other Information belonging to or related to a Party’s affairs. The receiving Party acknowledges and agrees that in any proceeding will enforce this Agreement. The Parties, their employees, subsidiaries, affiliates, agents, and assigns agree to hold all Proprietary Information, regardless of when or how disclosed, in strict confidence. The Parties warrant and represent that the degree of care contemplated herein is adequate and the Parties will take any and all steps reasonably necessary to preserve such Proprietary Information.
Nothing in this Agreement shall prohibit or limit the receiving Party’s use of information that can be demonstrated as: (a) previously known to the receiving Party, (b) independently developed by the receiving Party, (c) acquired from a third party not under similar nondisclosure obligations to the disclosing Party, or (d) acquired through the public domain through no breach by the receiving Party of this Agreement.
The Parties acknowledge that the Proprietary Information exchanged is valuable and unique and that disclosure in breach of this Agreement will result in irreparable injury to the adversely affected Party, for which monetary damages, on their own, would be inadequate. Accordingly, the Parties agree the adversely affected Party shall have the right to seek an immediate injunction enjoining any such breach or threatened breach of the Agreement.
7. Limitation of Liability. - The “Consultant” shall not be liable for any incidental, consequential, indirect or special damages, or for any loss of profits or business interruptions caused or alleged to have been caused by the performance or nonperformance of the Services, or delays due to causes beyond its control. “Client” agrees that, in the event the “Consultant” is determined to be liable for any such loss, “Client's” sole remedy against the “Consultant” is limited to a refund of payments made by “Client” for said Services, less expenses paid to subcontractors or to third parties. The “Consultant” is not responsible for errors which result from faulty or incomplete information supplied to the “Consultant” by “Client”. “Client” also agrees to not seek damages in excess of the contractually agreed upon limitations directly or indirectly through suits by or against other parties.
8.Handling of Disputes. - The Parties agree that any dispute regarding this Agreement, and any claim made by “Client” for return of monies paid to the “Consultant”, shall be handled in accordance with applicable State and Federal laws. The “Consultant” will provide “Client” with an itemization of hours spent within a reasonable time upon the request of the “Client” and payment will be expected in full within 30 days from the date such itemization is provided. If “Client” does not pay for such hourly work upon the “Consultant’s” demand and within 30 days, the “Consultant” reserves the right to initiate an action in court for breach of contract, regardless of the previous outcome of any credit card cancellation dispute.
9. No Guarantee. - The “Consultant” does not warrant or guarantee any specific level of performance or results. Example of results obtained for other clients of the “Consultant” may be used as a marketing tool and shown to “Client” for demonstrative purposes only and should not be construed by “Client” as indicating any promised results or level of results.
10.Communications. - “Client” agrees the communication is to be via email only, the email address to use is [email protected]. If the “Client” wishes to speak on the phone, the “Client” should send an email to the “Consultant” stating that would like to schedule a phone call and the “Consultant” will work with the “Client” to arrange a time. The “Consultant’s” office hours are 9:00 am to 1:00 pm and 3:00 to 5:00 pm United States of America central Time. The “Company” typically responds to email within 24-48 hours excluding weekends and standard public holidays.
11.Entire Agreement. - This Agreement is the final, complete and exclusive Agreement of the Parties. No modification of or amendment to this Agreement shall be effective unless in writing and signed by each of the Parties.
12.Severability. - If any provision of this Agreement shall be held to be illegal, invalid or unenforceable, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement, the remaining provisions of this Agreement shall remain in full force and effect.
13.Headings. - The headings used in this Agreement are for convenience only and shall not be used to limit or construe the contents of this Agreement.
14.Interpretation and Enforcement. - The parties understand and agree that the construction and interpretation of this Agreement is governed by the laws of the State of Texas. In the event of any dispute over the interpretation or operation of this Agreement which cannot be resolved by mediation, the parties agree to submit the dispute to arbitration in McAllen, Texas, in United States of America, pursuant to the Commercial Arbitration Rules of the American Arbitration Association and to accept the award of the arbitrators as final and binding.
By clicking on the I AGREE button below, the "Client” hereby understands and agrees to all terms and conditions of this Agreement.
|
|
