Updated November 12 2024
This Agreement is considered valid upon initial payment of proposed pre-paid Service
Collectively, all people or businesses entering this Agreement will be referred to as the “Parties.”
The term “Client” refers to any person, organization, or entity who has made payment to “Contractor” or has been deemed authorized to accept and approve the below mentioned “Service” and “Terms” as it relates to this Agreement.
The term “Contractor” refers to Elise Sime or elisesime.com as it pertains to the below mentioned “Service” and “Terms” as it relates to this Agreement
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5 Hour Package |
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10 Hour Package |
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20 Hour Package |
A Proposal of Services was sent with this Agreement detailing the service requested or recommended. Proposals are considered valid for 30 days from the date of receipt. Expired proposals are subject to changes in pricing and/or Contractor availability.
Service pricing is determined based on scope of work or hours required and is as communicated in your Service Proposal. All Services are prepaid, non-refundable, and priced in USD unless otherwise outlined in the proposal provided.
All Services must be completed within 30 days of purchase. Timeline extensions will be made at the discretion of the Contractor, timelines will not be extended if Client has failed to provide requested access, content, or materials in a timely manner.
Contractor may require access to one or more programs to complete their assigned tasks. Client understands that access is expected in a timely manner and that all licenses and user fees are at the expense and responsibility of the Client. Passwords should be shared securely through a password sharing app or by means of the Clients choosing.
Client agrees to appoint a designated contact person to complete onboarding, assign tasks, attend meetings, or answer questions for the Contractor.
All Clients are entitled to one complimentary 30 minute introductory call prior to the proposal being sent and Agreement commencement. All calls, communications, and meetings are considered billable. Weekly task assignment meetings are recommended.
All hours requested or used over the original purchased time are subject to an additional charge at a rate of $50 USD Additional time will be communicated prior to being used.
The Services offered by Contractor require pre-payment prior to commencement via . All out of scope work and additional hours requested/performed will be billed at the end of each month and considered due upon receipt.
The Contractor agrees to apply past knowledge and skills related to the work and tasks assigned by Clients. Past knowledge and skills will have been shared as part of the discovery call or proposal. The Contractor agrees to take part in any onboarding or training that may be required to complete the work assigned by Client. All additional required training will be considered billable.
Parties will treat and hold all information of or relating to this Agreement, the Services provided and the Parties’ businesses in strict confidence and will not use any of this information except in connection with fulfilling the terms of this Agreement, and, if this Agreement is terminated for whatever reason, Parties will return all such information, including account access information, and any and all copies to the original Party and will remain bound to the Confidentiality provision of this Agreement. Confidential information (herein “Confidential Information”) means information that is of value to its owner and is treated as proprietary or confidential including, but not limited to, intellectual property, inventions, trade secrets or information, financial data or information, speculation, knowledge, general company data or reports, future business plans, strategies, customer lists and information, client acquisition strategies, advertising campaigns, information regarding executives and employees, and the terms and provisions of this Agreement.
Further, at all times neither Party shall use or disclose any Confidential Information relating in any way to the past, present, or future business affairs, conditions, clients, customers, efforts, employees, financial data, operations, practices, products, processes, properties, sales, or services of or relating in any way to the Company in whatever form to any parties outside of this Agreement.
This Agreement imposes no obligation upon the Parties with respect to any Confidential Information that was possessed before initial business interactions commenced between the Parties; is or becomes a matter of public knowledge through no fault of receiving Party; is rightfully received from a third party not owing a duty of confidentiality; is disclosed without a duty of confidentiality to a third party by, or with the authorization of the disclosing Party; or is independently developed by either Party without prior knowledge of privileged or confidential information.
The Contractor and any related subcontractors are not employees, partners or members of The Client’s company or organization. The Contractor has the sole right to control and direct the means, manner and method by which the services in this Agreement are performed. The Contractor has the right to hire assistants, subcontractors or employees to provide The Client with its Services. Parties are individually and separately responsible for their own business operation and expenses, including securing or paying any licensing fees, insurance, taxes, registrations or permits. The Client is not responsible for paying for any benefits, Workers Compensation, insurance or unemployment fees to The Contractor.
This Service carries no guarantee or warranty. Clients are responsible for measuring the risk and reward involving the implementation or recommendations given through this Service. Clients know their business, team, and customers best, the recommendations shared that have been successful for one business may not yield the same results in another. The Contractor does not guarantee direct/measurable results of recommendations and suggestions given to The Client.
The Client agrees that the maximum amount of damages she is entitled to in any claim of or relating to this Agreement or Services provided herein are not to exceed The Contractor’s total cost as set forth in this Agreement.
Client agrees to indemnify and hold harmless Contractor and its employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services provided herein.
The Client and related parties/participants expressly assume any risk of loss or damages associated with the recommendations expressed through this Service and related activities as described herein.
The Parties mutually agree not to make public defamatory statements that would materially harm the reputation or business activities of any Parties to this Agreement.
This Service is considered non-refundable after purchase.
This Service includes scheduled meetings. Client agrees to respect Contractors time and effort involved by meeting as agreed upon. Client is responsible for finding times on the schedule that they are available. If a meeting is going to be missed it must be communicated immediately. Rescheduling missed meetings will be at the discretion of the Contractor and may be at an additional cost or denied if notice was not given.
In the event The Contractor cannot or will not perform their obligations in any or all parts of this Agreement, it (or a responsible party) will immediately give Notice to The Client. The Contractor will make every attempt to find a reasonable substitute to fulfill the terms of this Agreement or issue a refund or credit based on a reasonably accurate percentage of Services rendered.
All Services provided by The Contractor are considered non-transferrable. The hours purchased by The Client may not be transferred to another person or business, however, The Client is permitted to have up to two representatives that may assign work or make changes to projects at one time.
Either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party that materially affects the performance of Services, such as: an act of God (fires, explosions, earthquakes, hurricane, natural disasters, flooding, storms or infestation), or War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not), or any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.
The Client agrees to provide and maintain a safe, professional, working relationship with The Contractor at all times. If at any time The Contractor feels that a situation is unsafe, verbal abuse is present, harm is threatened, or their personal reputation is in jeopardy it will be at the discretion of the Contractor to immediately end this Agreement. If the offending behavior prevents the completion of a project, creates a lapse in the quality of work, or results in missed deadlines, Client agrees to hold Contractor harmless and Client is responsible to pay any outstanding amounts owed to the contractor.
The laws of the state of Massachusetts govern all matters arising under or relating to this Agreement, including torts.
If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force, if the essential provisions of this Agreement for each party remain legal and enforceable.
The parties may amend this Agreement only by the parties’ written agreement with proper Notice.
Neither party may assign or subcontract any rights or obligations in this Agreement without proper Notice, unless otherwise provided herein.
The titles and section headers in this Agreement are provided for convenience only and should not be construed as part of this Agreement.