Terms & Conditions
Thank you for your interest in Diane Boothe Business Concierge. Please review the following terms and conditions which provides the basis for our working relationship.
This work for Hire Agreement (“Agreement”) is made between Diane Boothe Business Concierge and you (The Client).
In this Agreement, the party who is contracting to receive the services shall be referred to as the “Client” and the party who will be providing the services shall be referred to as the “Service Provider”.
- DESCRIPTION OF SERVICES. The start date will be agreed on by all parties. Service Provider will provide the services that has been purchased by the Client. Services provided are subject to change as agreed by all parties.
- SERVICE LOCATION. The Service to be provided under this Agreement shall be performed at the Service Provider’s place of business. (i.e. Home Office) . Where meetings have been arranged outside of the Service Provider’s place of business or any other task that requires travelling, charges to the Client will include travel time and time spent carrying out a task/s.
- SCHEDULE AND DAYS OFF. Service Provider is generally available to provide services during normal business hours. Monday – Friday 9am – 5pm GMT, excluding national holidays. I do make some exceptions outside of these hours and charge a 25% surcharge. I understand that at times you may require a project completed quickly and therefore may not be able to give me 24 hours notice. In these circumstances, I also charge a 25% surcharge (this is discretionary as exceptions may be made dependant on the requested task).
- PAYMENT FOR SERVICES. The Client will pay a fee to the Service Provider for the services at the rate stated on the Service Providers website(s) All correspondence e.g phone conversations, emails etc are billable unless stated otherwise by the Service Provider. Please see rates for all services on my website Click here. Please note that prices are subject to change with changes published on my website(s) or communicated via email. This fee shall be due upon receipt of the invoice in advance of the service being carried out. For the monthly packages, if you do not use all your hours within 1 calendar month, the remaining time will be lost and is therefore non-refundable.
TERM/TERMINATION. For monthly packages only, either party may terminate this agreement upon 4 days written notice to the other party. In the event of a breach of this agreement by the client, the Service Provider shall invoice Client for any payment due, and payment will be due immediately upon receipt. For all other packages provided by the Service Provider, whether paid in full or via a payment plan, client can terminate the agreement up to 4 days prior to the work commencing and written notice must be given to the Service Provider. Only then will a full refund be issued. Once the work has commenced a refund will not be provided and the Service Provider reserves the right to collect any and all outstanding fees. In the event of a breach of this agreement by the client, the Service Provider shall invoice Client for any payment due, and payment will be due immediately upon receipt.
NON-DISCLOSURE AND NON-SOLICITATION. Service Provider shall not directly or indirectly disclose to any person other than a representative of Client at any time either during the term of this Agreement or following the termination or expiration thereof, any confidential or proprietary information pertaining to Client, including but not limited to customer lists, contacts, financial data, sales data, supply sources, business opportunities for new or developing business, plans and models, or trade secrets. Furthermore, Service Provider agrees that during the term of this agreement, and for 2 years following the termination of this Agreement, Service Provider shall not directly or indirectly solicit or attempt to solicit any customers or suppliers of Client other than on behalf of the client themselves.
RELATIONSHIP OF PARTIES. It is understood by the parties that Service Provider is an independent contractor with respect to the Client and not an employee of the Client. The Client will not provide fringe benefits, including health insurance benefits, paid holiday, or any other employee benefit, for the benefit of Service Provider.
WORK PRODUCT OWNERSHIP. Any works copyrighted, ideas, discoveries, inventions, patents, products, or other information (collectively, the “Work Product”) developed in whole or in part by the Service Provider in connection with the services shall be the exclusive property of the Client.
LIABILITY. Service Provider will not be liable for loss, damage or delay of Client’s project due to circumstances beyond the service provider’s control. Such circumstances may include (but are not limited to) acts of God, public unrest, power outages, and inability to contact Client. In the event of such loss, damage or delay, Service Provider will make every effort to notify the Client immediately.
CONFIDENTIALITY. Service Provider will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Service Provider, or divulge, disclose or communicate in any manner any information that is proprietary to the Client. Service Provider will protect such information and treat it as strictly confidential. This provision shall continue to be effective after the termination of this Agreement. Upon termination of this Agreement, Service Provider will return to Client all physical records, notes documentation and other items that were used, created, or controlled by Service Provider during the term of this Agreement with the exception of items purchased by Service Provider and not reimbursed by the Client
Digital Product Agreement
This Agreement (“Agreement”) is made effective by and between Diane Boothe Business Concierge (the “Company”), and purchaser of the digital product (hereafter “Client”), for the purpose of Client purchasing a digital Promptlate product from Company’s online shop (the “Product”). Client agrees to the terms and conditions below by checking the box in the online shopping cart checkout or by submitting payment for the Product.
1. Digital Product Usage
After purchasing the digital product, Client will be given access to the product materials in within [48 hours] through a download delivered in his/her email. Client will have lifetime access to the materials so long as the product(s) is/are available.
Company hereby grants to Client one (1) exclusive, non-sublicensable, non-transferable, license to use the Product. Client understands and agrees that the Product materials may not be shared with any third party. In the event Company suspects that the Product is being shared with another party, Company reserves the right to immediately terminate Client’s access to the Product.
Client may use the Product for his/her own personal use and business use and may modify the language as he/she sees fit. Client is not obligated to tag or give credit to Company for the copy in the Product he/she uses, posts, or shares.
2. Fees & Payment Processing
In consideration for access to the Product provided by Company, Client agrees to compensate Company the fee indicated on the online shopping cart. If any payment methods are declined by the online payment processor, Client shall provide a new eligible payment method before receiving access to the Product. In the event Client has already been given access to the Product and a payment method is declined, Company reserves the right to collect any and all outstanding receivables.
3. Refund Policy
Due to the nature of digital products being immediately accessible upon purchasing, no refunds of any fees or other amounts paid by Client in connection with the Product will be allowed under any circumstances.
4. Personal Information
By purchasing the Product, Client will be asked to provide personal information including his/her name, email address, mailing and billing address. Client agrees to allow Company access to this personal information for all lawful purposes. Client is responsible for the accuracy of the identifying information, maintaining the safety and security of his/her identifying information, and updating Company on any changes to his/her identifying information.
The billing information provided to Company by Client will be kept secure and is subject to the same confidentiality and accuracy requirements as Client’s identifying information indicated above. Providing false or inaccurate information, or using the Product for fraud or unlawful activity, is grounds for immediate termination from the Product.
Upon delivery of the digital product to Client, Company hereby transfers and assigns to Client all copyrights regarding the Product.
6. Warranties and Liability
Company makes every effort to ensure that the Product is accurate and fit for the use of Company’s customers. However, Company takes no responsibility whatsoever for the suitability of the Product, and Company provides no warranties as to the function or use of the Product, whether express, implied or statutory, including without limitation any warranties of merchantability or fitness for particular purpose. Client agrees to indemnify Company against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of Client’s breach of these terms and conditions. Company shall not be liable to Client or any third party for consequential, indirect, special or exemplary damages including but not limited to damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages.
7. Force Majeure
If the performance of this Agreement or any obligations hereunder is prevented, restricted or interfered with by reason of earthquake, fire, flood or other casualty or due to strikes, riot, storms, explosions, acts of God, death of him/herself or a family member, war, terrorism, or a similar occurrence or condition beyond the reasonable control of the parties, the party so affected shall, upon giving prompt notice to the other party, be excused from such performance during such prevention, restriction or interference, and any failure or delay resulting therefrom shall not be considered a breach of this Agreement.
Company does not make any guarantees as to the results, including financial or other personal gains, of Client’s use of the Product. Client agrees to take responsibility for Client’s own results with regard to using the Product.
9. Release & Reasonable Expectations
Client has spent a satisfactory amount of time reviewing Company’s business and has a reasonable expectation that Company’s Product will produce different outcomes and results for each Client. Client understands and agrees that:
▪ Every client and final result using the Product is different;
▪ The Product is intended for a mass audience.
10. Entire Agreement
This is a binding Agreement that incorporates the entire understanding of the parties, supersedes any other written or oral agreements between the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement.
11. Venue and Jurisdiction
The laws of the State of New Mexico shall govern this contract, and any resulting arbitration shall take place within San Juan County, New Mexico. Both parties assume responsibility for all collection costs and legal fees incurred should enforcement of this Agreement become necessary.
12. Mediation and Arbitration
Any and all disputes or disagreements rising between the parties out of this Agreement upon
which an amicable understanding cannot be reached, shall be decided first by mediation, and if mediation is unsuccessful, then arbitration in accordance with the procedural rules of the American Arbitration Association. The parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in San Juan County, New Mexico, unless another location is mutually agreed to by the parties. The cost and expenses of the arbitrators shall be shared equally by the parties. Each party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.
This agreement cannot be transferred or assigned to any third party without written consent of both parties.
In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this agreementDiane