Terms and Conditions
TERMS AND CONDITIONS
Executive Resume Writers (“ERW”) provides this user agreement (“Agreement”) which is between you (the “Client”) and A2 Media Ventures, Inc. (the “Company”), a United States corporation with an address of 2370 E Stadium Blvd, Suite 540, Ann Arbor, MI 48104.
ACCEPTANCE OF TERMS
You must agree with and accept all the terms and conditions contained in this Agreement in order to use ExecutiveResumeWriters.com (“Website”) or utilize the services (“Services”) provided by Company. BY CHECKING THE BOX TO AGREE OR CLICKING ANY “SUBMIT” BUTTON ON THIS WEBSITE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS COMPLETE AGREEMENT, YOU SHOULD NOT CHECK THE BOX OR CLICK ON ANY SUBMIT BUTTON, AND YOU DO NOT HAVE PERMISSION TO ACCESS THIS SITE OR UTILIZE THE SERVICES PROVIDED BY COMPANY.
ADVICE AND GUIDANCE
The information contained on this Website (and the products and services sold herein) are based on sources and information reasonably believed to be accurate as of the time the content was created. However, this material deals with topics that are subject to ongoing changes related to the job market, hiring trends, as well as to legal and compliance issues. Therefore, the completeness and current accuracy of the materials cannot be guaranteed. These materials do not constitute legal, compliance, financial, tax accounting, employment, or related advice. The end user of this information should therefore use the contents of this material as a general guideline and not as the ultimate source of current information and, when appropriate, the user should consult their own legal, accounting, or other advisors.
Company shall provide services in a professional manner in accordance with generally accepted industry standards. The Company is expected to be responsive during normal business hours Monday through Friday (except for national holidays), keeping the Client informed about the progress of the services being delivered.
The relationship between Company and Client is one of equals that requires mutual respect, courtesy, and consideration. Client acknowledges the process of creating of personal branding documents and providing coaching is a collaborative process that will require several interactions, timely feedback, and revisions to documents. Client is solely responsible for the timely acceptance of Services provided and for the accuracy of the content created for Client.
DELIVERY, ACCEPTANCE PERIOD AND ADDITIONAL FEES
Company aims to deliver the first draft of the resume within 10 business days of the Client’s completed onboarding call.
Client feedback is required on all project deliverables. Client must provide all edits and feedback within 10 business days of receiving the first drafts of each project deliverable. Company will provide up to 3 rounds of revisions within this 10 business day window.
If Client requests revisions beyond a third round or beyond the 10 business day window, an additional fee may be required. If after the 10 business day window no edits or feedback are provided, this part of the project is considered complete and accepted by Client, and Company will continue with the remainder of the project.
If Client decides to pursue a different employment opportunity than initially discussed during their onboarding call, then additional fees may be required to complete that request. After Client’s acceptance of any deliverable, any changes requested will incur an additional fee.
Client time and input are required for other services, such as coaching or the Network Navigator™ research service. After 30 days of receipt of the resume first draft, if no feedback or information is provided by Client, these services shall be considered complete and accepted by Client.
After each part of the project is considered complete, no further revisions will be provided without additional fees and no refund shall be provided.
JOB SEARCH SUCCESS
Client agrees that changing market conditions, industry shifts, job availability, compensation expectations, and Client interview skills all directly impact job search success. Although Company provides Services and other resources, ultimately job search efforts are completely within Client’s control and the results achieved depend on many factors outside the Services provided by Company. Client acknowledges that the job search process and any results achieved are solely Client’s responsibility.
RESCHEDULING COACHING APPOINTMENTS
Client may reschedule a coaching appointment with a minimum of 24 hours’ notice for no additional charge. Missed appointments or rescheduled appointments within that window will be considered complete and are non-refundable.
If Client is not fully satisfied with the Services provided, Client must send an email stating specific concerns within 10 business days of receiving their draft resume. From the date of that email notification, Client has two choices: Company may provide up to three rounds of revisions to satisfy Client over 10 business days or Client may choose receive a refund of fees received.
Payment for the Service must be completed before Company commences work on any Client project. In case of a multi-payment transaction agreement, Client hereby authorizes Company to store credit card details and to charge Client’s credit card (or any other authorized form of payment).
Payment is deemed past due if unpaid 7 days from the date of the invoice. Subject to state law, interest charges may accrue at 1 percent per month on past due invoices.
Client account will be deemed delinquent if any invoices remain unpaid 30 days from the date of the invoice. For delinquent accounts, the entire amount owed shall become due and payable immediately, and Company may refuse to provide further services.
Client and Company agree that this is a binding contract. Client hereby authorizes all fees to be billed to Client’s debit or credit card, or that complete payment will be made by check or ACH transaction. Client agrees to not chargeback (or attempt to chargeback) any transactions in any amount or for any reason, except for fraud or unauthorized use. Neither cancellations nor refunds are permitted under any circumstance, except for services not started or rendered.
Client agrees that in the event of a chargeback (or attempt to chargeback) for any portion of payments made for any reason, or in the event a payment is unsuccessful for any reason, Client shall remain legally liable for the agreed upon payment amount.
Company may seek assistance from an outside collection agency or law firm. If permitted by state law, Client will be responsible for collection fees totaling twenty-five percent (25%) of the total outstanding balance plus reasonable attorneys’ fees and court costs, if any.
Refunds shall not be provided for services considered complete. 30 days after purchase, if a project is not started, Client may request a refund equal to 75% of their total purchase price.
When Client initiates payment for the Service, Client expressly agrees to use the Arbitration process described in this Agreement to resolve any dispute and expressly agrees not to initiate any chargeback request with the card issuer. Should Client initiate a chargeback, Client expressly agrees and consents to share any and all information about the agreement to these Terms and Conditions in order to defeat any such chargeback request.
Any works prepared by Company in connection with a Client project shall be owned by the Company until works considered accepted and complete, at which time the Client will then own the works. Client agrees not to use the works in any format until the work is accepted and complete. If Client receives a refund or a files a chargeback with their bank, Client agrees not to use any of the works prepared in any format and acknowledges that using the works prepared by Company is a direct violation of this Agreement.
Company reserves the right to publish on its website user reviews in the promotion of its services. The review may include a user’s first name and first initial of last name along with their city, which shall not be considered Confidential Information.
If Client or Company provide Confidential Information to the other, the recipient shall protect the Confidential Information with the same degree of care as it uses to protect its own Confidential Information. Client Confidential Information shall be stored on the Company systems. Client and Company agree not to disclose to any third party the terms of this Agreement, including but not limited to pricing or fees paid.
Client and Company each agree to not make, and to not direct any other person to make, any negative or disparaging remarks regarding each other or the Services, including placing any negative or disparaging remarks or reviews on the Internet.
The term of this Agreement commences on the date of acceptance of this Agreement and continues in effect until terminated in writing by either party. The termination of the Agreement shall not eliminate any existing obligation on behalf of the Client to provide payment for Services rendered, and the amount due for Services rendered shall become due and payable immediately at the time of Client’s termination, if applicable.
Client agrees to indemnify, defend, and hold Company, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties including, without limitation, reasonable expert and attorneys’ fees, in connection with any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any use by Client or any user of the information and Services offered by this Website or performed by Company or related third parties.
DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY
CLIENT AGREES THAT ACCESS TO CONTENT AND USE OF SERVICES AVAILABLE THROUGH THIS WEBSITE IS ON AN “AS-IS”, “AS AVAILABLE” BASIS AND COMPANY SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON–INFRINGEMENT. COMPANY MAKES NO WARRANTY THAT THE SERVICE WILL MEET CLIENT REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. COMPANY MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR INFORMATION OBTAINED THROUGH THE SERVICE OR USE OF THIS WEBSITE (INCLUDING ANY LINKS TO THIRD PARTY WEB SITES).
COMPANY AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS AND LICENSORS WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO CLIENT OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THIS WEBSITE OR SERVICES FOR INDIRECT,CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST INCOME OR SAVINGS OF ANY KIND (COLLECTIVELY, THE “EXCLUDED DAMAGES”), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
Client and Company are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
This Agreement constitutes the entire agreement and understanding between the parties and supersedes any prior agreement or understanding whether oral or in writing.
SURVIVAL OF PROVISIONS
Any term, condition, or provision of this Agreement that is determined for any reason to be unlawful, invalid, void or unenforceable shall not affect any other portion of this Agreement.
Client may not assign this Agreement, or any of its rights or obligations hereunder, without Company’s prior written consent in the form of a written instrument signed by a duly authorized representative of Company. Company may freely assign this Agreement without the consent of Client.
Any controversy or claim arising out of or relating to this website, or the products sold here shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted within Washtenaw County, Michigan, and any court having jurisdiction thereof may enter judgment on the arbitration award. The arbitrator shall provide written reasons for the award. Either Client or Company may seek any interim or preliminary relief from a court of competent jurisdiction in Washtenaw County, Michigan necessary to protect the rights or property of Client or Company pending the completion of arbitration.
Client agrees that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of Michigan.
The headings used herein are for convenience only and shall not control or affect the meaning of this Agreement. Company may discontinue or change this website and its related services, or their availability, at any time. This Agreement may be modified at Company’s discretion, and the Company shall post a new version of the Agreement to the Website at the time of any modification. The Client’s use or continued use of the Website and the Services shall constitute the Client’s consent to any modifications to the Agreement.
Last updated: October 4, 2021