TERMS AND CONDITIONS
Professional Resume Writers (“PRW”) provides this user agreement (“Agreement”) which is between you (the “Client”) and Professional Resume Writers (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 of the terms and conditions contained in this Agreement in order to use ProfessionalResumeWriters.com (“Website”) and Services available on this site. BY CHECKING THE ACCEPTANCE BOX OR CLICKING THE “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) is based on sources and information reasonably believed to be accurate as of the time it was created. However, this material deals with topics that are subject to ongoing changes related to the job market, hiring trends, as well as 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 RESPONSIBILITIES
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.
CLIENT RESPONSIBILITIES
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. All communication shall take place using the messaging functionality provided by the Company. Client is responsible for completing the work history form and submitted a prior resume before the writing process can begin. 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 work history form.
Client feedback is required on all project deliverables. Client shall 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 during 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.
Client feedback is required for additional services. After 30 days of receipt of the resume first draft, if no feedback or information is provided by Client, all 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 acknowledges that the job search process and any results achieved are solely Client’s responsibility. 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.
COMMUNICATIONS AND DATA
PRW is not responsible for any loss of data resulting from accidental or deliberate deletion, network or system outages, file corruption or any other reasons.
ACCOUNT SECRUITY AND PERSONAL INFORMATION
Only you as the Client may access the Website and use the Service using the username and password provided for your account. You agree not to resell, assign or otherwise allow another to use or access the Service. You agree not to grant access to your account to any other party, for any reason, and to take all reasonable precautions to prevent third-party access to the Service through your account.
PRW cares about the integrity and security of your personal information. We endeavor to implement appropriate security measures. However, PRW does not guarantee that unauthorized parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
GUARANTEE
As a Client, your resume is backed by a guarantee. If you are not fully satisfied or not receiving more job interviews within 30 days of receiving your final resume, we will update your resume, one time, free of charge. Just send us a message within 30 days of receiving your final resume and tell us specifically what changes you’d like to see and we will update your resume.
NO WARRANTY
THE INFORMATION PROVIDED VIA OUR SERVICES OR PRODUCTS IS SOLD AND PROVIDED ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND.
PAYMENTS
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.
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 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
Refunds shall not be provided for any started project. The status of any project is solely determined by Company. 30 days after purchase, if a project is not started, Client may request a partial refund equal to 50% of their total purchase price.
CHARGEBACKS
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.
WORK PRODUCT
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.
TESTIMONIALS
Company reserves the right to publish on it’s 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 city. Note regarding photos used with testimonials: although the names and testimonials are real, in order to protect the privacy of our clients, we replace their actual photograph with another.
CONFIDENTIALITY
If a Client provides Confidential Information, Company will only use the Confidential Information in the performance of services. Client Confidential Information shall be stored on the system unless Client requests (in writing) the removal of such information.
NON-DISPARAGEMENT
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.
TERMINATION
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.
INDEMNITY
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.
NO PARTNERSHIP
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.
ENTIRE 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.
ASSIGNABILITY
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.
ARBITRATION
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.
GOVERNING LAW
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.
GENERAL
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: May 28, 2022