May 29, 2018

Terms of Use and Preparation Services Agreement

Corporate & Career Takeoff Inc. Services Agreement

THIS AGREEMENT IS MADE BETWEEN
  1. You, the user of the Services (the “Buyer”); and
  2. Corporate & Career Takeoff Inc. (the “Service Provider”), collectively referred to as the “Parties”.

RECITALS

The Buyer wishes to be provided with the Services (defined below) by the Service Provider and the Service Provider agrees to provide the Services to the Buyer on the terms and conditions of this Agreement.

  1. Key Terms

1.1 Services

The Service Provider shall provide the following services (“Services”) to the Buyer in accordance with the terms and conditions of this Agreement: Interview Preparation.

1.2 Delivery of the Services

    1. Start date: The date on which the Service Provider commences the provision of the Services (“Start Date”).
    2. Completion date: The date on which the Service Provider shall complete and cease to provide any additional Services (“Completion Date”).

1.3 Site

The Service Provider shall provide the Services at the Service Provider’s place of business or other mutually agreed upon location (including the possible use of video conferencing or other technology).

1.4 Price

    1. The hourly rate for the provision of the Services by the Service Provider shall be $200 per hour for time with Senior Staff and $100 per hour for all other resources.
    2. As consideration for the provision of the Services by the Service Provider, the price for the provision of the Services will be the amount listed on the web site located at http://www.careertakeoff.com at the pages specific to the Services subject to this agreement (“Price”).
1.5 Payment

The Buyer agrees to pay the Price to the Service Provider on the following terms:

  1. $500 retainer is expected in full, in one payment before commencement of the Services by the Service Provider.
  2. The Service Provider shall provide a bill/invoice to the Buyer at the Buyer’s email address provided to Service Provider for the Services that are requested by Buyer to be provided to the Buyer at Service Provider’s sole discretion, including any time up to on/or after completion.
  3. The Buyer shall pay remainder invoices in full within 14 calendar days of completion of Services by the Service Provider.
  4. The method of payment of the Price by the Buyer to the Service Provider shall be by:
    1. check sent to the following address: 106 N. Denton Tap #210-284, Coppell, TX 75019
    2. online checking EFT utilizing the system provided at no charge by the Service Provider
  5. Any charges payable under this Agreement are exclusive of any applicable taxes, tariff surcharges or other like amounts assessed by any governmental entity arising as a result of the provision of the Services by the Service Provider to the Buyer under this Agreement and such shall be payable by the Buyer to the Service Provider in addition to all other charges payable hereunder.
  6. Any unpaid balance shall be subject to a $25 late charge and a monthly finance charge of 3% per month on the outstanding balances until payment is made in full. This includes any time the balances have been referred to legal action and/or collections agencies. All amounts due under this late payment section shall be deemed added to the Price.
  7. Any payments returned as not paid or disputed by payment vendor will incur an additional $50 returned payment fee added to any outstanding balance.

2. General Terms

2.1 Intellectual Property Rights

The Service Provider retains all ownership of all Intellectual Property used, discussed, shared, or presented. Buyer agrees not to share, copy, or distribute any of Service Provider’s Intellectual Property.

2.2 Warranty

Each person’s situation is unique. The Service Provider will tailor the Services to ensure the best chance of success for the Buyer. While Service Provider cannot guarantee results for Buyer or the Buyer’s success, the Service Provider represents and warrants that: it will perform the Services with reasonable care and skill.

2.3 Limitation of liability

    1. Subject to the Buyer’s obligation to pay the Price to the Service Provider, either party’s liability in contract, tort or otherwise (including negligence) arising directly out of or in connection with this Agreement or the performance or observance of its obligations under this Agreement and every applicable part of it shall be limited in aggregate to the Price.
    2. To the extent it is lawful to exclude the following heads of loss and subject to the Buyer’s obligation to pay the Price, in no event shall either party be liable for any loss of profits, goodwill, loss of business, loss of data or any other indirect or consequential loss or damage whatsoever.

2.4 Term and Termination

    1. This Agreement shall be effective on the Start Date and shall continue, unless terminated sooner in accordance with Clause 2.4(b), until the Completion Date.
    2. Either Party may terminate this Agreement upon notice in writing if:
      1. the other is in breach of any material obligation contained in this Agreement, which is not remedied (if the same is capable of being remedied) within 10 days of written notice from the other Party so to do; or
      2. a voluntary arrangement is approved, a bankruptcy or an administration order is made or a receiver or administrative receiver is appointed over any of the other Party’s assets or an undertaking or a resolution or petition to wind up the other Party is passed or presented (other than for the purposes of amalgamation or reconstruction) or any analogous procedure in the country of incorporation of either party or if any circumstances arise which entitle the Court or a creditor to appoint a receiver, administrative receiver or administrator or to present a winding-up petition or make a winding-up order in respect of the other Party.
    3. Any termination of this Agreement (howsoever occasioned) shall not affect any accrued rights or liabilities of either Party nor shall it affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination.

2.5 Relationship of the Parties

The Parties acknowledge and agree that the Services performed by the Service Provider, its employees, agents or sub-contractors shall be as an independent contractor and that nothing in this Agreement shall be deemed to constitute a partnership, joint venture, agency relationship or otherwise between the parties.

2.6 Confidentiality

Neither Party will use, copy, adapt, alter or part with possession of any information of the other which is disclosed or otherwise comes into its possession under or in relation to this Agreement and which is of a confidential nature. This obligation will not apply to information which the recipient can prove was in its possession at the date it was received or obtained or which the recipient obtains from some other person with good legal title to it or which is in or comes into the public domain otherwise than through the default or negligence of the recipient or which is independently developed by or for the recipient.

2.7 Notices

Any notice which may be given by a Party under this Agreement shall be deemed to have been duly delivered if delivered by hand, first class post, facsimile transmission or electronic mail to the address of the other Party as specified in this Agreement or any other address notified in writing to the other Party. Subject to any applicable local law provisions to the contrary, any such communication shall be deemed to have been made to the other Party, if delivered by:

i.first class post, 2 days from the date of posting;

ii.hand or by facsimile transmission, on the date of such delivery or transmission; and

iii.electronic mail, when the Party sending such communication receives confirmation of such delivery by electronic mail.

2.8 Miscellaneous

    1. The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights.
    2. If any part, term or provision of this Agreement is held to be illegal or unenforceable neither the validity or enforceability of the remainder of this Agreement shall be affected.
    3. Neither Party shall assign or transfer all or any part of its rights under this Agreement without the consent of the other Party.
    4. This Agreement may not be amended for any other reason without the prior written agreement of both Parties.
    5. This Agreement constitutes the entire understanding between the Parties relating to the subject matter hereof unless any representation or warranty made about this Agreement was made fraudulently and, save as may be expressly referred to or referenced herein, supersedes all prior representations, writings, negotiations or understandings with respect hereto.
    6. Neither Party shall be liable for failure to perform or delay in performing any obligation under this Agreement if the failure or delay is caused by any circumstances beyond its reasonable control, including but not limited to acts of god, war, civil commotion or industrial dispute. If such delay or failure continues for at least 7 days, the Party not affected by such delay or failure shall be entitled to terminate this Agreement by notice in writing to the other.
    7. This Clause 2.8(g) and Clauses 2.3, 2.5, 2.6, 2.7 and 2.8 of this Agreement shall survive any termination or expiration.
    8. This Agreement shall be governed by and shall be construed in accordance with the laws of the State of Texas.
    9. The parties submit all their disputes arising out of or in connection with this Agreement to the exclusive jurisdiction of the Courts of The State of Texas.
    10. Headings for reference only. The headings hereof have been inserted for convenience and reference only and shall not be construed to affect the meaning, construction or effect of this agreement.

 

 

 

Effective May 29, 2018