Client Terms and Conditions

Client Terms and Conditions

The following general contract and payment terms are effective for all clients as of 9/12/2019 and is available online at www.theceowithin.me/client-terms-and-conditions.

By signing a contract or estimate sent by The CEO Within LLC, you are agreeing to these terms and conditions. We recommend that clients save a copy of this page for their records in addition to a copy of all estimates and invoices.

These terms may be updated by The CEO Within at any time so please review the terms prior to signing a new estimate or contract to ensure that you have read the current terms that you are agreeing to by signing.

 

  1. Effective Date:            The Effective Date is the Date the Estimate or Contract is signed by the Client.
  2. Parties

Company                     The CEO Within LLC (AKA, “The CEO Within”)
Located at                   3744 Alpine Bypass Ave, North Las Vegas, NV 89081

&

Client                           (Name as Specified on the Estimate or Contract)

Located at                   (Address as specified on the Estimate or Contract)

  1. Agreement Term and Renewal

The term of service shall be until the project is completed for project-based work, or on an alternate timeframe per the contract signed by both parties, and shall be continued in effect on the timeframe specified in the estimate or contract.

  1. Services

Services to be provided may be found in the estimate or specific contract, and will be billed per the terms in said estimate or contract.

  1. Payment, Fees, and Invoicing

5.1 Fees: For the services to be performed by The CEO Within, The Client hereby agrees to compensate The CEO Within according to the written estimate or contract provided to the client.

5.2 Expenses and Legal Fees: In addition to the fees specified in the estimate or contract, The Client will also reimburse The CEO Within for any incidental costs and expenses The CEO Within may incur while performing services for The Client or as a result of having performed services in the past, as stated in this contract, including legal fees.

5.3 Invoicing and Payment timeframes:

For services completed by The CEO Within LLC, there are generally two types of services:

  1. Pre-Paid Services
  2. Post-Paid Services

5.3 (a) Pre-Paid Services Policies and Terms.

Clients will be required to pre-pay for work to be completed unless otherwise specified in the estimate or contract, For large projects, a payment schedule to pay for work in phases may be agreed upon and will be specified and agreed upon in writing in the estimate or contract to prior to the start of the project.

Once an estimate or contract is signed, an invoice will be sent for payment for any pre-payment portions required.

For project-based work, we do not start work until any pre-payment amounts are paid.

Many estimates include a flat rate for the project within its specified terms, plus an additional hourly rate based on work requested during the project cycle outside of scope. Invoices for these unanticipated expenses will be invoiced under our Post-Paid Work policies and terms, as specified below, unless otherwise specified in the estimate or contract terns.

5.3 (b) Post-Paid Work Policies and Terms

Post-Paid Work is invoiced on a semi-monthly basis. Invoices are generally issued on the 20th for work completed between the 1st and 15th, and on the 5th, for work completed between the 16th and 31st of the prior month.

For post-paid work, while we understand there may be many reasons for payments to not be paid on time, by signing the estimate or contract, you agree to your understanding that unless otherwise agreed in separately in writing, after a 7-day grace period form the date the invoice is issued, late payments accrue interest at a rate of 10% per month on invoices, and no new work will be conducted until past-due payments are collected in full.

5.4 Nonpayment and work performance: Work performed is the property of The CEO Within until Client has paid their invoices in full. If the Client is past-due on payment of invoices, The CEO Within may refuse to do additional work and may withhold completed work that has not been paid for, until payments are brought to current. This action shall not constitute either a breach of contract or termination of contract. While we hate to hold up forward progress waiting on payment, as a small business, we rely on your timely payment to pay our own bills and appreciate your thoughtfulness in honoring our agreed-upon payment schedule.

If you have a concern that you may not be able to pay a future bill, please provide as much advance notice as possible. Payment arrangements may be possible, such as splitting a larger project into two smaller projects so that you can pay for the first half which has already been completed and received that finished work, while we pause on completing the balance of the requested work until you are able to pay. This is an example of a payment arrangement that can be made with additional forethought, that would limit the additional liability and cost for either of us without significant undue burden upon either party.

  1. Independent Contractor

The CEO Within is an independent contractor. No portion of this contract shall construe an employment agreement.

  1. Materials

Materials and logins created and used by The CEO Within, including use of third-party software such as QuickBooks, Silver flume and others are the property of The CEO Within. Any accounts created and used by The CEO Within are the property of The CEO Within and The Client does not own these systems but may benefit from their use on The Client’s behalf during the term of the agreement.

The Client may, at their own expense, create their own logins, purchase their own software, and when applicable, provide access to The CEO Within to perform business management services on software or systems set up, paid for, or created by The Client. Where The Client has provided logins or access to systems they own to The CEO Within, The Client retains all rights and responsibilities to their software and may, at any time, revoke The CEO Within access to those systems.

  1. Warranties and Requirements

The Client will provide The CEO Within true and complete information that is vital for The CEO Within to perform the above-mentioned services in a timely manner.

The Client hereby represents and warrants that they will be fully compliant with the applicable laws in its use of The CEO Within’s Services. The client also acknowledges that the carrying out of this contract does not conflict with any obligation of The Client and this Contract is a valid obligation of The CEO Within. The Client is fully capable of appointing The CEO Within as a Business Management representative.

The CEO Within hereby represents and warrants that they will be fully compliant with the applicable laws in performing the above-mentioned services. The CEO Within also acknowledges that the carrying out of this contract does not conflict with any obligation of The CEO Within and this Contract is a valid obligation of The CEO Within. The CEO Within possesses all the necessary rights to carry out the above described Business Management services.

  1. Confidentiality and Noncompete

All confidential information that is communicated to The CEO Within by The Client in connection with performing the services shall be held by The CEO Within in full trust for The Client’s benefit. The CEO Within will not communicate or permit anyone else to communicate any of The Client’s information that is acquired while performing the contracted services.

Similarly, the Client agrees to hold any information (inclusive, but not limited to, email content, documents, financial data, or other resource materials) confidential, and will not share with other third parties without prior authorization in writing from The CEO Within.

This confidentiality does not constitute a non-compete agreement on behalf of any employee or officer of either party.

  1. Termination

This Contract may be terminated by either party submitting written notice to the other party.

Any notice that is issued under this Contract by either The Client or The CEO Within may be delivered in writing or by United States postal mail service, registered or certified with the postage prepaid and a return receipt requested. All mailed correspondence shall use the addresses listed above for each party of this contract. Mailed notice is effective as of the date received and opened. To ensure accurate tracking of mailed notice, it is recommended that a signature be requested for mailed termination

To terminate the contract via email, due to the high volume of email received, Email notice is not effective until the date that The CEO Within emails a reply to your termination email acknowledging the termination.

If the Contract is terminated by The CEO Within, The CEO Within shall submit an invoice with the current balance due, no later than 1 month from the date of termination. When the balance is paid in full, The CEO Within will deliver any outstanding materials owed to The Client.

10.1 Legal Fees. In the eventuality that, due to the understanding and access to financial and other business records, The CEO Within is requested to respond to or take part in any legal action related to the business of The Client, The Client is responsible for any resulting legal costs and the time of The CEO Within, even if either party had terminated this Agreement prior to the date of legal action.

  1. Entire agreement and applicable law

If one or more of the provisions of this Contract are to be found invalid for any reason that shall not affect any other provision of The Contract. The Contract will then exist as if that provision never existed. This Contract hereby supersedes any other prior understanding, written or oral agreement between the parties listed above regarding the subject matter of this Contract. This Contract contains the entire agreement between The Client and The CEO Within and no oral representations or modifications shall be put into force except by a written amendment that is agreed to by both parties. If any legal action is brought to enforce or interpret this Contract, the prevailing party will be given reasonable attorney’s fees by the other party in addition to any additional relief the other party may be entitled to.

11.1 Applicable Law

This contract shall be governed by the laws of the State of Nevada in Clark County and any applicable Federal Law.