Acclimate HR

Acclimate HRAcclimate HRAcclimate HR

Acclimate HR

Acclimate HRAcclimate HRAcclimate HR
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    • HOME
    • EMPLOYER SOLUTIONS
      • HR Subscription Packages
      • HR Templates
      • HR Consulting
    • CANDIDATE SOLUTIONS
      • Resume Services
    • ABOUT ACCLIMATE
      • Our Clients
      • Client Testimonials
      • About Us
      • Blog
      • Contact Us
  • HOME
  • EMPLOYER SOLUTIONS
    • HR Subscription Packages
    • HR Templates
    • HR Consulting
  • CANDIDATE SOLUTIONS
    • Resume Services
  • ABOUT ACCLIMATE
    • Our Clients
    • Client Testimonials
    • About Us
    • Blog
    • Contact Us

Terms and Conditions

TERMS AND CONDITIONS - RESUME SERVICES 

These Terms and Conditions represent the agreed upon Terms between ACCLIMATE HR CONSULTING LLC, a Washington State limited liability company (also referenced as the “Consultant”, “we” “us” or “our”) and individuals or entities (also referenced as the “Client", “Purchaser”, “Purchasing Party”, “you”, or “your”) who purchase it’s Resume Services (also referenced as the “Services”). Consultant and Client are also referred to individually as a “party” and collectively as the “parties”.


PURCHASING PARTY AGREES AS FOLLOWS:


SCOPE OF SERVICES

1.1. The Client engages Consultant with Resume Services as mutually agreed upon amongst Consultant and Client and set forth in the Quote provided to the Client and incorporated herein by this reference.

1.2 The Client agrees to attend a free, 15-minute consultation call and provide a written copy of their current resume or or complete a Resume Form in order to kick off the project. Acclimate HR Consulting LLC reserves the right to put Client projects on hold when and if the Client is non-responsive in scheduling or attending the consultation call.   

1.3. An estimated Quote will be made in good faith in writing after the Consultation and will set forth the fees associated. The Client agrees to pay the amount indicated in the Quote, as evidenced by an electronic invoice for Resume Services. The Client acknowledges and understands that the quoted price takes into account Company expertise, skill and time, and complexity of the project.  Further, the project price takes into account: (1) Client intake time, including e-mails back and forth between Company and Client concerning the project, (2) content writing, (3) typesetting/design/layout, and (4) proofreading and editing. If additional services and fees are identified after the Quote is signed, the Consultant will alert the Client prior to performing or charging for the work. 

1.4 The Term of Consultant’s engagement by The Client shall commence as of the date the service purchased. Full payment of the electronic invoice is due immediately and work will not begin until full payment is received. If the Client fails to make any payment on time without giving notification of due cause then Acclimate HR Consulting LLC reserves the right to withhold delivery of any further Services and will not be responsible for any inconvenience, loss or damage so caused.

1.5 The Client will provide Acclimate HR Consulting LLC with the career, education, and other history information requested. The information requested may be provided to Acclimate HR Consulting LLC via the Client Intake Form and Client’s existing Microsoft Word or PDF Resume, or via the Client Intake Form and the free Resume Form. The Client agrees to provide information reasonably requested by Acclimate HR Consulting LLC within seven (7) business days from each request. 

1.6 Acclimate HR Consulting LLC will craft a new Resume for the Client. The first version will be provided to the Client within ten (10) business days (excluding holidays) of the date that all of the requested information and documentation is received by Acclimate HR Consulting LLC. The Agreement will continue until the Services in section 1.7 of this Agreement have been completed.

1.7 If the Client provides feedback upon receipt of the Resume, Acclimate HR Consulting LLC will provide three (3) rounds of revisions. Acclimate HR Consulting LLC’s obligation to craft a new Resume will be complete upon completion of the final revision. 

1.8 The Client agrees to make a good faith effort to complete all contracted Services within a reasonable amount of time. Acclimate HR Consulting LLC reserves the right to put Client projects on hold when and if the Client is non-responsive in providing feedback for over thirty (30) days, and to charge a $100 project re-opening fee if the Client provides feedback after ninety (90) days since the project was put on hold.   

1.9 The Client agrees to make a good faith effort to be available by e-mail or telephone to answer questions during the intake and writing process, if necessary, in order to expedite production and obtain pertinent information about Client’s work experience and accomplishments, or to clarify inconsistencies. Failure of Client to be available for strategy session calls and/or provide the required information (Client Intake Form, supporting documents, etc.) to Company per the required timeline based on project delivery will result in delay on the project. The Client understands that the Client Intake Form and existing Resume or Resume Form must be provided to Company ahead of the resume writing process, and that any delays on the Client’s behalf in submitting the completed questionnaire will cause the Client’s project to be delayed and placed into the rotation of Consultant’s current project schedule.  In order to ensure that project delivery remains consistent with Consultant’s schedule, Clients will have a maximum of thirty (30) days from date of project booking and receipt of the Client Intake Form to submit project documents to Acclimate HR Consulting LLC. If the Client fails to comply with any of the procedures and processes, Company reserves the right to terminate the project and charge a $100 reactivation fee if the Client provides feedback after ninety (90) days since the project was put on hold.

1.10 Additional Acclimate HR Consulting LLC Services may include drafting cover letters, reference sheets, additional Resumes, and LinkedIn profiles. Any agreement to perform additional Services described herein will be reflected in an electronic invoice.
 

REFUNDS & TERMINATIONS 

2.1 Our goal is to have satisfied customers. If you are not satisfied, please contact info@acclimatehr.com so that we can resolve the problem. Either party may terminate this Agreement by giving the other party written notice of its intent to do so, and such termination will become effective immediately after the notice is given. Refunds are not available after the expiration of three (3) days following the purchase of Resume Services.
 

WAIVER OF RESPONSIBILITY: 

3.1 During the editing/revisions phase of the career documents Acclimate HR Consulting LLC will provide counsel to Client pursuant to industry best standards. If Client seeks to make changes in the style, layout, and/or wording of the resume, LinkedIn profile, or other career documents written by the Consultant that do not align with current resume practices or industry best standards, the Consultant will advise accordingly and make changes that appropriately align. Acclimate HR Consulting LLC waives any and all responsibility to Client if changes are made to the career documents that Acclimate HR Consulting LLC does not expressly advise on, agree to, or discourages. Should Client wish to return the career documents to their original recommended form at a subsequent date or make further changes, an additional fee will be assessed based on the time required to complete the revision(s).


WEBSITE CHANGES

4.1 Acclimate HR Consulting LLC reserves the right to modify these Terms or change or remove features, materials, Products, Services, or Subscriptions on the Acclimate HR Consulting LLC Websites. Continued use of the Websites after the date of the modification shall be deemed acceptance of the modified Terms. Additional or different Terms, Conditions and notices may apply to specific features, materials, information, software, Products, Services, or Subscriptions offered through the Acclimate HR Consulting LLC website. In the event of any conflict, such changes will prevail over these Terms and Conditions. 


COPYRIGHT & OWNERSHIP

5.1 Subject to the fulfillment of all payment obligations under this Agreement, Acclimate HR Consulting LLC assigns the Client the right, title, and interest in Products custom created specifically created for the Client under the Agreement (the “Work”). 

5.2 Except where otherwise specified, the contents of the Acclimate HR Consulting LLC Websites are subject to copyright. Copyright © 2020 Acclimate HR Consulting LLC, All rights reserved. The contents of Acclimate HR Consulting LLC Websites are protected by copyright and intellectual property laws in the United States and other countries as well as by international treaties. Purchasers, Clients, or site visitors may not copy or distribute any portion of Acclimate HR Consulting LLC’s Websites, Products, Services, or documents, except when using purchased Acclimate HR Consulting LLC Products as designed for their organization’s operations.


PERFORMANCE 

6.1 Acclimate HR Consulting LLC maintains that it cannot guarantee interviews, jobs, or career outcomes as market conditions vary and it is incumbent upon Clients to aggressively partake in the job search process, including properly applying for qualifying positions that Client meets the requirements for. Additionally, company is not responsible for Client’s use or non-use of the resume or writing project.


LIABILITY 

7.1 Acclimate HR Consulting LLC is not liable for any inaccurate, incorrect, or misleading information in the prepared materials as Client is required to review the materials and approve the entire content prior to final delivery. Acclimate HR Consulting LLC is not responsible for the accuracy or truthfulness of the information provided by Client. Acclimate HR Consulting LLC is not responsible for consequential damages of any kind that Client may incur from inaccurate documents, edits to documents at Client’s request that coincide with Consultant’s expert recommendations of best resume practices, or while utilizing Acclimate HR Consulting LLC resume writing services. 

7.2 Acclimate HR Consulting LLC provides Templates, forms, documents, Products, Services, Subscriptions, and advice in good faith. Acclimate HR Consulting LLC is a professional Services company, not a legal Services company. As such, Acclimate HR Consulting LLC cannot and does not offer legal advice or warrant the legal accuracy of information or documents provided. It is for the Client to decide whether or not to accept our professional advice in making decisions. Therefore, Acclimate HR Consulting LLC accepts no liability for the consequences of its Templates, forms, documents, Products, Services, Subscriptions, and advice, whether direct or indirect.

7.3 Notwithstanding any other provision in these Terms and, in no event will Acclimate HR Consulting LLC be liable to any party including the Client for any indirect, punitive, special, incidental or consequential damage in connection with or arising out of these Terms (including for loss of profits, use, data or other economic advantage). The Client agrees to indemnify Acclimate HR Consulting LLC and keep it indemnified from and against any claims by any third party for or in respect of such damages.

CONFIDENTIAL INFORMATION

8.1 Unless otherwise indicated, Acclimate HR Consulting LLC will hold the Client’s information and use of Services confidentially. 

8.2 The Client agrees to hold all information about Acclimate HR Consulting LLC proposal(s), quote(s), fee structures, fees, and personnel in the strictest of confidence.

8.3 Nothing contained in these Terms shall be construed as prohibiting the Consultant from utilizing knowledge and/or experience of a general nature acquired in the performance of Services for The Client.

PUBLICITY

9.1 Acclimate HR Consulting LLC may seek the right from The Client to publicize the fact that The Client is, or was, an Acclimate HR Consulting LCC Client and to utilize the clients name in publicity materials in this respect. Acclimate HR Consulting LLC may also describe in, general terms, the type of work conducted for The Client but shall not be permitted to link the two without prior permission of The Client in order to protect confidentiality. 


THIRD-PARTY SERVICES

10.1 Acclimate HR Consulting LLC may engage third parties to provide or fulfill the Services. The Client authorizes Acclimate HR Consulting LLC to engage third parties as necessary to provide the Services, provided that confidentially standards are maintained. 


DISALLOWED CONTENT

11.1 Acclimate HR Consulting LLC expressly may refuse, modify, or remove from any Service content we deem to violate applicable law, our legal rights, or the rights of a third party. Acclimate HR Consulting LLC may terminate the Service if we determine other remedies are ineffective.

USER REGISTRATION

12.1 Client may be required to register with the Acclimate HR Consulting LLC Website or one of its component sites. Client agrees to keep their password confidential and will be responsible for all use of their account and password. Acclimate HR Consulting LLC reserves the right to remove, reclaim, or change username if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.


MANNER OF SERVICES

13.1 The Services to be provided shall be performed via email, phone, or virtual Zoom meeting. Acclimate HR Consulting LLC does not offer on-site or in-person Resume Services.


GENERAL PROVISIONS

14.1 Nothing contained in these Terms shall be deemed or construed by the parties hereto or by any third person to create the relationship of principal and agent or partnership or joint venture or of any association between any of the parties hereto other than as independent parties. 

14.2 These Terms and the Services represent the entire understanding these Terms between the parties with respect to the subject matter hereof. The Client acknowledges that it has not relied on any other representation or statement that is not contained in these Terms.

14.3 The validity of these Terms and Conditions, rights, obligations and relations of the parties hereunder shall be construed and determined under and in accordance with the laws of the state of Washington; provided, however, that if any provision of the Terms is determined by a court of competent jurisdiction to be in violation of any applicable law or otherwise invalid or unenforceable, such provision shall to such extent as it shall be determined to be illegal, invalid or unenforceable under such law be deemed null and void, but the remainder of these Terms and Conditions shall otherwise remain in full force. Any suit or action to enforce any provision of these Terms and Conditions, or any right, remedy or other matter arising from these Terms and Conditions will be brought exclusively in the state or federal courts located in the City of Seattle, King County, Washington.  Consultant and Client agree and consent to the venue in and to the in-person jurisdiction of the aforementioned courts.

  

TERMS AND CONDITIONS – HR TEMPLATES, FORMS, AND OTHER PRODUCTS

These Terms and Conditions represent the agreed upon Terms between ACCLIMATE HR CONSULTING LLC, a Washington State limited liability company (also referenced as the “Consultant”, “we” “us” or “our”) and individuals or entities (also referenced as the “Client", “Purchaser”, “Purchasing Party”, “you”, or “your”) who purchase it’s HR Templates, Forms, or Products (also referenced as the “Products”). Consultant and Client are also referred to individually as a “party” and collectively as the “parties”.


PURCHASING PARTY AGREES AS FOLLOWS:
 

DELIVERY OF PRODUCTS

1.1 Purchasers will be directly email their Products within 24-48 hours after their purchase for download.
 

RETURNS AND REFUNDS

2.1 Our goal is to have satisfied customers. If you are not satisfied, please contact info@acclimatehr.com so that we can resolve the problem. Since our Products are electronic, we cannot accept refunds as there is no way to return the item.
 

WEBSITE CHANGES

3.1 Acclimate HR Consulting LLC reserves the right to modify these Terms or change or remove features, materials, Products, Services, or Subscriptions on the Acclimate HR Consulting LLC Websites. Continued use of the Websites after the date of the modification shall be deemed acceptance of the modified Terms. Additional or different Terms, Conditions and notices may apply to specific features, materials, information, software, Products, Services, or Subscriptions offered through the Acclimate HR Consulting LLC website. In the event of any conflict, such changes will prevail over these Terms and Conditions. 


COPYRIGHT 

4.1 Except where otherwise specified, the contents of the Acclimate HR Consulting LLC Websites are subject to copyright. Copyright © 2022 Acclimate HR Consulting LLC, All rights reserved. The contents of Acclimate HR Consulting LLC Websites are protected by copyright and intellectual property laws in the United States and other countries as well as by international treaties. Purchasers, Clients, or site visitors may not copy or distribute any portion of Acclimate HR Consulting LLC’s Websites, Products, Services, or documents, except when using purchased Acclimate HR Consulting LLC Products as designed for their organization’s operations.


LIABILITY

5.1 Acclimate HR Consulting LLC provides Templates, forms, documents, Products, Services, Subscriptions, and advice in good faith. Acclimate HR Consulting LLC is a professional Services company, not a legal Services company. As such, Acclimate HR Consulting LLC cannot and does not offer legal advice or warrant the legal accuracy of information or documents provided. It is for the Client to decide whether or not to accept our professional advice in making decisions. Acclimate HR Consulting LLC advises that the data critical to a decision should be independently verified prior to being acted upon. Therefore, Acclimate HR Consulting LLC accepts no liability for the consequences of its Templates, forms, documents, Products, Services, Subscriptions, and advice, whether direct or indirect.

5.2 Notwithstanding any other provision in these Terms and, in no event will Acclimate HR Consulting LLC be liable to any party including the Client for any indirect, punitive, special, incidental or consequential damage in connection with or arising out of these Terms (including for loss of profits, use, data or other economic advantage). The Client agrees to indemnify Acclimate HR Consulting LLC and keep it indemnified from and against any claims by any third party for or in respect of such damages.


CONFIDENTIAL INFORMATION

6.1 Unless otherwise indicated, Acclimate HR Consulting LLC will hold the Client’s information and use of Services or Products confidentially. 

6.2 The Client agrees to hold all information about Acclimate HR Consulting LLC proposal(s), quote(s), fee structures, fees, and personnel in the strictest of confidence.

6.3 Nothing contained in these Terms shall be construed as prohibiting the Consultant from utilizing knowledge and/or experience of a general nature acquired in the performance of Services for The Client.


PUBLICITY

7.1 Acclimate HR Consulting LLC may seek the right from The Client to publicize the fact that The Client is, or was, an Acclimate HR Consulting LCC Client and to utilize the clients name in publicity materials in this respect. Acclimate HR Consulting LLC may also describe in, general terms, the type of work conducted for The Client but shall not be permitted to link the two without prior permission of The Client in order to protect confidentiality. 


USER REGISTRATION

8.1 Client may be required to register with the Acclimate HR Consulting LLC Website or one of its component sites. Client agrees to keep their password confidential and will be responsible for all use of their account and password. Acclimate HR Consulting LLC reserves the right to remove, reclaim, or change username if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.


DISCLAIMERS

9.1 Acclimate HR Consulting LLC Products and Services are not promised or guaranteed to be correct, current, or complete, and the Acclimate HR Consulting LLC Products may contain technical inaccuracies or typographical errors. Acclimate HR Consulting LLC assumes no responsibility (and expressly disclaims responsibility) for updating Products to keep information current or to ensure the accuracy or completeness of any Products or Services. Accordingly, Clients are responsible for confirming the accuracy and completeness of all Products and information before making any decision. 

9.2 All information, Products, and Services provided on the Acclimate HR Consulting LLC websites are provided “as is” and “with all faults” with no warranties or guarantees of any kind. Acclimate HR Consulting LLC expressly disclaims to the fullest extent permitted by law all express, implied, statutory or other warranties, guarantees and representations, including, without limitation, the warranties of merchantability, fitness for a particular use or purpose, title and noninfringement of proprietary and intellectual property rights, and warranties arising from a course of dealing, usage or trade practice. Without limiting the generality of the foregoing, Acclimate HR Consulting LLC makes no warranty that the Acclimate HR Consulting LLC Products will meet Client requirements or that the Acclimate HR Consulting LLC websites or Products will be uninterrupted, timely, or error free. 


GENERAL PROVISIONS

10.1 The validity of these Terms and Conditions, rights, obligations and relations of the parties hereunder shall be construed and determined under and in accordance with the laws of the state of Washington; provided, however, that if any provision of the Terms is determined by a court of competent jurisdiction to be in violation of any applicable law or otherwise invalid or unenforceable, such provision shall to such extent as it shall be determined to be illegal, invalid or unenforceable under such law be deemed null and void, but the remainder of these Terms and Conditions shall otherwise remain in full force. Any suit or action to enforce any provision of these Terms and Conditions, or any right, remedy or other matter arising from these Terms and Conditions will be brought exclusively in the state or federal courts located in the City of Seattle, King County, Washington.  Consultant and Client agree and consent to the venue in and to the in-person jurisdiction of the aforementioned courts.


TERMS AND CONDITIONS – HR SUBSCRIPTION PACKAGES 

These Terms and Conditions represent the agreed upon Terms between ACCLIMATE HR CONSULTING LLC, a Washington State limited liability company (also referenced as the “Consultant”, “we” “us” or “our”) and individuals or entities (also referenced as the “Client", “Purchaser”, “Purchasing Party”, “you”, or “your”) who purchase it’s who purchase Silver, Gold, or Platinum HR Subscriptions (also referenced as the “Services”). Consultant and Client are also referred to individually as a “party” and collectively as the “parties”.


PURCHASING PARTY AGREES AS FOLLOWS:


SCOPE OF SERVICES AND FEES

1.1 The Client engages Consultant, and the Consultant agrees to be engaged by the Client, to provide The Client with human resources consulting Services (the “Services”) as set forth and as indicated under the purchased Subscription on the Acclimate HR Consulting LLC’s Subscription Services Website.

1.2 The Term of Consultant’s engagement by The Client shall commence as of the date the Subscription is purchased. Clients will be emailed a link to the confidential and secure HR Health Check Questionnaire within 24-48 hours after purchasing the Subscription. Once the Client submits the HR Health Check Questionnaire, the Consultant will reach out to schedule a call to discuss Questionnaire results and kick off the Subscription. The Client agrees to make a good faith effort to complete the HR Health Check Questionnaire and attend the Subscription kick off call within a reasonable amount of time.

1.3 The Client shall be responsible for all fees as set forth in these Terms and as identified in the applicable plan on the Acclimate HR Consulting LLC Subscription Service Packages Website. The Consultant will charge The Client’s provided payment method for the Subscription Services once per month. The Client agrees to these charges. 

1.4 If the Client fails to make any payment on time without giving notification of due cause then Acclimate HR Consulting LLC reserves the right to withhold delivery of any further Subscription Services and will not be responsible for any inconvenience, loss or damage so caused.

1.5 Without prejudice to Acclimate HR Consulting LLC’s rights under these Terms, Acclimate HR Consulting LLC shall be entitled to charge and The Client shall pay interest at 20% per month should The Client fail to pay any invoice sent for missed payments. 

1.6 Additional Acclimate HR Consulting LLC Services may include be requested. Any agreement to perform additional Services described herein will be reflected in an electronic invoice.
 

TERM 

2.1 The Term of Consultant’s engagement by The Client shall commence as of the date of the Subscription purchased and shall remain in force through the indicated Subscription end date, unless terminated in accordance with these Terms. The Term of the Subscription Service will automatically at the end of 12 months.


CANCELLATION RIGHTS

3.1 The Subscription may be terminated by either party giving 30 (thirty) days’ notice in writing to that effect.

3.2 If the Subscription is cancelled, Services will continue to be provided by Acclimate HR Consulting LLC for the duration of the current Subscription month cycle, at the end of which time, Services will be ceased. 

3.3 The Client is to send Subscription cancellation notices to info@acclimatehr.com. 

3.4 Where the Client wishes to cancel the Subscription service with immediate effect, the Client shall be liable for paying for the remainder of the Subscription cycle month after the notice was given.

3.5 Where the Client wishes to cancel but insufficient notice is provided, the 12-month agreement will continue to its expiration date and Services will continue to be provided up to the date of expiration, or until proper notice is provided, whichever is first.

3.6 The Client's obligations within these Terms under the clauses relating to Intellectual Property and Confidentiality shall survive the Termination of the Subscription. Acclimate HR Consulting LLC's obligations in relation to Confidentiality shall survive the Termination of the Subscription.

RETURNS AND REFUNDS

4.1 Our goal is to have satisfied customers. If you are not satisfied, please contact info@acclimatehr.com so that we can resolve the problem. Since our Products and Services are electronic, we cannot accept refunds as there is no way to return the item.


COMMUNICATION AND MEETINGS

5.1 The Client (or the employee specified in the Proposal as working on behalf of the Client) shall be available to meet with Acclimate HR Consulting LLC, over the telephone, by email, or via virtual Zoom meeting, when scheduled with Acclimate HR Consulting LLC for the purposes of discussing the status and progress of the Services.

5.2 If the Client cancels attendance to a pre-arranged meeting within 24 hours of that meeting, Acclimate HR Consulting is entitled to charge a cancellation fee of one (1) hours’ work charged at the current hourly rate.

5.3 Acclimate HR Consulting LLC takes meetings and calls from 12:00 PM PST - 8:00 PM PST on weekdays and weekends in order to be available to clients who do not have time to talk during the day. 

5.4 Client calls and emails received by Acclimate HR Consulting LLC under a current Subscription plan will be responded to by Acclimate HR Consulting LLC within 1-3 business days, unless otherwise specified.


CONFIDENTIAL INFORMATION

6.1  Nothing contained in this Agreement shall be construed as prohibiting Consultant from utilizing in any manner, knowledge and/or experience of a general nature acquired in the performance of Services for the Client.

6.2 The parties mutually agree to safeguard the confidentiality of all records and privileged information that arise from the performance of this Agreement. Consultant agrees that Consultant will not disclose information to anyone within Consultant’s company other than those employees and/or subcontractors with a need to know it and who have been informed of and agree in writing to the confidentiality obligations under this Agreement.

6.3 All written communications, correspondence, memorandum and reports will be submitted solely and directly to the Client unless otherwise agreed upon. Any reports generated pursuant to this engagement are not intended for general circulation or publication, nor are they to be reproduced or used for any purpose except reporting to Client. Consultant will not disclose to anyone, without prior written permission of Client, the nature or content of any oral or written communication between the parties, nor any information gained from the inspection of records or documentation of any kind pursuant to this engagement.

6.4 For purposes of this Agreement, Confidential Information means all information identified by a disclosing party as proprietary and confidential, which confidential information shall remain the sole property of the disclosing party.  Notwithstanding anything to the contrary, Confidential Information does not include information or any material: (a) available to the general public other than by a breach of an agreement, duty, or covenant by the recipient; (b) rightfully received from a third party not in breach of any obligation of any confidentiality; (c) independently developed by the recipient without access to the confidential information of the other; or (d) rightly known to the recipient prior to the time of disclosure. 


MANNER OF SERVICES 

7.1 The Services to be provided shall be performed in a professional manner, in alignment with generally accepted industry practices. 

7.2 The Services to be provided shall be performed via email, phone, or virtual Zoom meeting. Acclimate HR Consulting LLC does not offer on-site or in-person consulting Services.


USER REGISTRATION

8.1 Client may be required to register with the Acclimate HR Consulting LLC Website or one of its component sites. Client agrees to keep their password confidential and will be responsible for all use of their account and password. Acclimate HR Consulting LLC reserves the right to remove, reclaim, or change username if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
 

PUBLICITY

9.1 Acclimate HR Consulting LLC may seek the right from The Client to publicize the fact that The Client is, or was, an Acclimate HR Consulting LCC Client and to utilize the clients name in publicity materials in this respect. Acclimate HR Consulting LLC may also describe in, general terms, the type of work conducted for The Client but shall not be permitted to link the two without prior permission of The Client in order to protect confidentiality. 


PERFORMANCE 

10.1 All commitments with respect to the timing and scope are made in good faith but are made necessarily in advance of knowing the full scope of the difficulty that may pertain to the performance on specific points (for example, unforeseeable difficulty in obtaining certain information from the Client). For this reason, whilst Acclimate HR Consulting LLC agrees to use its best endeavors to fulfil such commitments to the Client on the timing and the scope of consultancy and other projects, the Consultant cannot guarantee performance in either respect.


LIABILITY 

11.1 Acclimate HR Consulting LLC is not liable for any inaccurate, incorrect, or misleading information in prepared materials as Client is required to review the materials and approve the entire content prior to final delivery. Acclimate HR Consulting LLC is not responsible for consequential damages of any kind that Client may incur from inaccurate documents, edits to documents at Client’s request that coincide with Consultant’s expert recommendations of best resume practices, or while utilizing Acclimate HR Consulting LLC Services.

11.2 Acclimate HR Consulting LLC provides Templates, forms, documents, Products, Services, Subscriptions, and advice in good faith. Acclimate HR Consulting LLC is a professional Services company, not a legal Services company. As such, Acclimate HR Consulting LLC cannot and does not offer legal advice or warrant the legal accuracy of information or documents provided. It is for the Client to decide whether or not to accept our professional advice in making decisions. Acclimate HR Consulting LLC advises that the data critical to a decision should be independently verified prior to being acted upon. Therefore, Acclimate HR Consulting LLC accepts no liability for the consequences of its Templates, forms, documents, Products, Services, Subscriptions, and advice, whether direct or indirect.

11.3 Notwithstanding any other provision in these Terms and, in no event will Acclimate HR Consulting LLC be liable to any party including the Client for any indirect, punitive, special, incidental or consequential damage in connection with or arising out of these Terms (including for loss of profits, use, data or other economic advantage). The Client agrees to indemnify Acclimate HR Consulting LLC and keep it indemnified from and against any claims by any third party for or in respect of such damages.


THIRD PARTY SERVICES 

12.1 Acclimate HR Consulting LLC may engage third parties to provide or fulfill the Services. The Client authorizes Acclimate HR Consulting LLC to engage third parties as necessary to provide the Services, provided that confidentially standards are maintained.
 

WAIVER OF RESPONSIBILITY: 

13.1 During the course of the Subscription Acclimate HR Consulting LLC will provide counsel to Client pursuant to industry best standards. If Client seeks to make changes to documents or practices provided by the Consultant that do not align with current practices or industry best standards, the Consultant will advise accordingly and make suggested changes that appropriately align. Acclimate HR Consulting LLC waives any and all responsibility to Client if changes are made that Acclimate HR Consulting LLC does not expressly advise on, agree to, discourages. 


DISCLAIMERS

14.1 Acclimate HR Consulting LLC Products and Services are not promised or guaranteed to be correct, current, or complete, and the Acclimate HR Consulting LLC Products may contain technical inaccuracies or typographical errors. Acclimate HR Consulting LLC assumes no responsibility (and expressly disclaims responsibility) for updating Products to keep information current or to ensure the accuracy or completeness of any Products or Services. Accordingly, Clients are responsible for confirming the accuracy and completeness of all Products and information before making any decision. 

14.2 All information, Products, and Services provided on the Acclimate HR Consulting LLC websites are provided “as is” and “with all faults” with no warranties or guarantees of any kind. Acclimate HR Consulting LLC expressly disclaims to the fullest extent permitted by law all express, implied, statutory or other warranties, guarantees and representations, including, without limitation, the warranties of merchantability, fitness for a particular use or purpose, title and noninfringement of proprietary and intellectual property rights, and warranties arising from a course of dealing, usage or trade practice. Without limiting the generality of the foregoing, Acclimate HR Consulting LLC makes no warranty that the Acclimate HR Consulting LLC Products will meet Client requirements or that the Acclimate HR Consulting LLC websites or Products will be uninterrupted, timely, or error free. 


COPYRIGHT 

15.1 Except where otherwise specified, the contents of the Acclimate HR Consulting LLC Websites are subject to copyright. Copyright © 2020 Acclimate HR Consulting LLC, All rights reserved. The contents of Acclimate HR Consulting LLC Websites are protected by copyright and intellectual property laws in the United States and other countries as well as by international treaties. Purchasers, Clients, or site visitors may not copy or distribute any portion of Acclimate HR Consulting LLC’s Websites, Products, Services, or documents, except when using purchased Acclimate HR Consulting LLC Products as designed for their organization’s operations.


GENERAL PROVISIONS

16.1 Acclimate HR Consulting LLC reserves the right to modify these Terms or change or remove features, materials, Products, Services, or Subscriptions on the Acclimate HR Consulting LLC Websites. Continued use of the Websites after the date of the modification shall be deemed acceptance of the modified Terms. Additional or different Terms, Conditions and notices may apply to specific features, materials, information, software, Products, Services, or Subscriptions offered through the Acclimate HR Consulting LLC website. In the event of any conflict, such changes will prevail over these Terms and Conditions. 

16.2 Nothing contained in these Terms shall be deemed or construed by the parties hereto or by any third person to create the relationship of principal and agent or partnership or joint venture or of any association between any of the parties hereto other than as independent parties. 

16.3 These Terms and the Services represent the entire understanding these Terms between the parties with respect to the subject matter hereof. The Client acknowledges that it has not relied on any other representation or statement that is not contained in these Terms. 

16.4  The validity of these Terms and Conditions, rights, obligations and relations of the parties hereunder shall be construed and determined under and in accordance with the laws of the state of Washington; provided, however, that if any provision of the Terms is determined by a court of competent jurisdiction to be in violation of any applicable law or otherwise invalid or unenforceable, such provision shall to such extent as it shall be determined to be illegal, invalid or unenforceable under such law be deemed null and void, but the remainder of these Terms and Conditions shall otherwise remain in full force. Any suit or action to enforce any provision of these Terms and Conditions, or any right, remedy or other matter arising from these Terms and Conditions will be brought exclusively in the state or federal courts located in the City of Seattle, King County, Washington.  Consultant and Client agree and consent to the venue in and to the in-person jurisdiction of the aforementioned courts.


TERMS AND CONDITIONS - HOURLY CONSULTING SERVICES 

These Terms and Conditions represent the agreed upon Terms between ACCLIMATE HR CONSULTING LLC, a Washington State limited liability company (also referenced as the “Consultant”, “we” “us” or “our”) and individuals or entities (also referenced as the “Client", “Purchaser”, “Purchasing Party”, “you”, or “your”) who purchase its Hourly Consulting Services (also referenced as the “Services”). Consultant and Client are also referred to individually as a “party” and collectively as the “parties”.
 

PURCHASING PARTY AGREES AS FOLLOWS:


SCOPE OF SERVICES

1.1 The Client engages Consultant, and the Consultant agrees to be engaged by the Client, to provide The Client with human resources consulting Services (the “Services”) as mutually agreed upon amongst Consultant and Client and set forth in the Proposal and incorporated herein by this reference, as may be amended and/or supplemented from time to time by mutual agreement of the parties (each a “Proposal”).

1.2 Each Proposal is to be in writing, initialed by the parties, and to set forth the following as appropriate:

a. A description of the types of the Services to be rendered.

b. The applicable billing rates for the Services to be rendered (i.e., service fees).

c. Any additional Terms and Conditions to which the parties may agree.

1.3 The parties contemplate that it may be desirable to make changes to the Proposal. Before performing any work associated with any such change, a written amendment to a Proposal (or additional Proposal) shall set forth the necessary modifications of and/or additions to the Services. Each additional Proposal shall be numbered serially and initialed by Consultant and The Client.

1.4 The Client and Consultant will review the status of the Services, Proposal change orders, invoices and estimates, as may be required.
 

SERVICES, FEES AND EXPENSES

2.1 The Client shall be responsible for all fees and expenses as set forth in this Agreement and as identified in the applicable Proposal as the Services are provided and to promptly pay Consultant therefor. 

2.2Consultant will invoice The Client for the Services twice per month. The Client agrees to remit full payment to accounts payable promptly upon its receipt of each invoice. 

2.3 The Client shall pay for all direct out-of-pocket expenses. Direct out-of-pocket expenses may include, but are not limited to, copying and certified mailing. Consultant will provide a detailed invoice of time spent on project and expenses incurred as related to the project. 

2.4 If the client fails to make any payment on time without giving notification of due cause then Acclimate HR Consulting LLC reserves the right to withhold delivery of any further consultancy or stages of work contained within the Proposal and will not be responsible for any inconvenience, loss or damage so caused.

2.5 Should Acclimate HR Consulting LLC issue draft documents for final changes and approval, it has the right under this agreement to the following; from the date that draft documents are issued, The Client has 14 days to submit any revisions required. Should The Client fail to do so, final documents will be issued and invoiced accordingly.

2.6 Without prejudice to Acclimate HR Consulting LLC’s rights under this Agreement, Acclimate HR Consulting LLC shall be entitled to charge and The Client shall pay interest at 20% per month should The Client fail to pay any invoice by the due date for payment.
 

STAGE PAYMENTS 

3.1 Many agreements that extend across several months allow for stage payments. These are negotiated in advance as part of the normal discussions prior to agreement of the Agreement and will be outlined in the Proposal.

3.2 Acclimate HR Consulting LLC shall have the right to suspend all work on behalf of The Client should these payments not be made on time to the agreed schedule. Any adverse impact that this suspension has upon the completion schedule or the quality of the product or service for The Client shall be at The Client’s sole responsibility. This right applies not just to the agreement in arrears but also any other agreement s with The Client, whether or not payments against these agreement s are in arrears.

3.3 In particular, The Client should note that where it has been agreed that payment of all or part of a agreement is to be made ‘in advance’ work will not commence on The Client's behalf until payment is actually received.


TERM 

4.1 The Term of Consultant’s engagement by The Client shall commence as of the date of this Agreement and shall remain in force through the indicated end date, unless terminated in accordance with this Agreement. The Term of Consultant’s engagement by The Client shall automatically renew for successive periods of equivalent length unless either party gives the other notice of non-renewal in writing at least thirty (30) days prior to the expiration of the current Term.
 

CANCELLATION RIGHTS

5.1 The agreement may be terminated in the following circumstances: By either party giving 30 (thirty) days’ notice in writing to that effect; or Immediately by Acclimate HR Consulting LLC by notice in writing if The Client fails to remedy a breach of this Agreement (including any provision as to payment) within 30 (thirty) days of receipt of a notice from Acclimate HR Consulting LLC advising of such a breach requiring it to do so.

5.2 The Agreement shall be regarded as a whole unless there are break points within it agreed in advance or it is divided into stages or where it is subject to periodic renewal. Where no such division is agreed in advance and stipulated in the agreement , The Client shall be liable for the totality of the value of the agreement – including all expenses incurred to the date of cancellation – whether or not The Client wishes the work to be completed.

5.3 Client cancellation notices should be emailed to info@acclimatehr.com. Where the Client wishes to cancel but insufficient notice is provided, the 12-month agreement will continue to its expiration date and Services will continue to be provided up to the date of expiration or when proper notice is given, whichever is sooner. Client shall be liable for paying for the remainder of the agreement up to the date of its expiration. 

5.4 On termination of this Agreement, however occurring, all money’s unpaid by the Client pursuant to this Agreement will immediately become due and payable.

5.5 If such monies remain unpaid for a period of thirty (30) days then (without prejudice to other rights that Acclimate HR Consulting LLC may have for breach of this Agreement or otherwise) Acclimate HR Consulting LLC will be entitled to cease consultancy Services.

5.6 The Client's obligations within the Agreement (including any obligations to indemnify) under the clauses relating to Intellectual Property and Confidentiality shall survive the Termination of the Agreement for whatever reason. Acclimate HR Consulting LLC's obligations in relation to Confidentiality shall survive the Termination of this Agreement for whatever reason.


RETURNS AND REFUNDS

6.1 Our goal is to have satisfied customers. If you are not satisfied, please contact info@acclimatehr.com so that we can resolve the problem. Since our Products and Services are electronic, we cannot accept refunds as there is no way to return the item.
 

PROPOSAL NON-EXCLUSIVE

7.1 The Client acknowledges that Acclimate HR Consulting LLC is providing Services to The Client on a nonexclusive basis and that Acclimate HR Consulting LLC may provide Services of the same or a similar nature as the Services to any other party, unless expressly agreed within the Terms of the Proposal.
 

COMMUNICATIONS AND MEETINGS

8.1 The Client (or the employee specified in the Proposal as working on behalf of the Client) shall be available to meet with Acclimate HR Consulting LLC, over the telephone, by email, or via virtual Zoom meeting, when scheduled with Acclimate HR Consulting LLC for the purposes of discussing the status and progress of the Services.

8.2 If the Client cancels attendance to a pre-arranged meeting within 24 hours of that meeting, Acclimate HR Consulting is entitled to charge a cancellation fee of one (1) hours’ work charged at the current hourly rate.

8.3 Client calls and emails received by Acclimate HR Consulting LLC under a current Subscription plan will be responded to by Acclimate HR Consulting LLC within 1-3 business days, unless otherwise specified.

8.4 Acclimate HR Consulting LLC takes meetings and calls from 12:00 PM PST - 8:00 PM PST on weekdays and weekends in order to be available to clients who do not have time to talk during the day. 


CONFIDENTIAL INFORMATION

9.1  Nothing contained in this Agreement shall be construed as prohibiting Consultant from utilizing in any manner, knowledge and/or experience of a general nature acquired in the performance of Services for the Client.

9.2 The parties mutually agree to safeguard the confidentiality of all records and privileged information that arise from the performance of this Agreement. Consultant agrees that Consultant will not disclose information to anyone within Consultant’s company other than those employees and/or subcontractors with a need to know it and who have been informed of and agree in writing to the confidentiality obligations under this Agreement.

9.3 All written communications, correspondence, memorandum and reports will be submitted solely and directly to the Client (or the employee authorized in writing to represent the Client). Any reports generated pursuant to this engagement are not intended for general circulation or publication, nor are they to be reproduced or used for any purpose except reporting to Client. Consultant will not disclose to anyone, without prior written permission of Client, the nature or content of any oral or written communication between the parties, nor any information gained from the inspection of records or documentation of any kind pursuant to this engagement.

9.4 For purposes of this Agreement, Confidential Information means all information identified by a disclosing party as proprietary and confidential, which confidential information shall remain the sole property of the disclosing party.  Notwithstanding anything to the contrary, Confidential Information does not include information or any material: (a) available to the general public other than by a breach of an agreement, duty, or covenant by the recipient; (b) rightfully received from a third party not in breach of any obligation of any confidentiality; (c) independently developed by the recipient without access to the confidential information of the other; or (d) rightly known to the recipient prior to the time of disclosure. 


MANNER OF SERVICES 

9.1 The Services to be provided shall be performed in a professional manner, in alignment with generally accepted industry practices. 

9.2 The Services to be provided shall be performed via email, phone, or virtual Zoom meeting. Acclimate HR Consulting LLC does not offer on-site or in-person consulting Services.


PUBLICITY

10.1 Acclimate HR Consulting LLC may seek the right from The Client to publicize the fact that The Client is, or was, an Acclimate HR Consulting LCC Client and to utilize the clients name in publicity materials in this respect. Acclimate HR Consulting LLC may also describe in, general terms, the type of work conducted for The Client but shall not be permitted to link the two without prior permission of The Client in order to protect confidentiality.
 

PERFORMANCE 

11.1 All commitments with respect to the timing and scope are made in good faith but are made necessarily in advance of knowing the full scope of the difficulty that may pertain to the performance on specific points (for example, unforeseeable difficulty in obtaining certain information from the Client). For this reason, whilst Acclimate HR Consulting LLC agrees to use its best endeavors to fulfil such commitments to the Client on the timing and the scope of consultancy and other projects, the Consultant cannot guarantee performance in either respect.


LIABILITY 

12.1 Acclimate HR Consulting LLC is not liable for any inaccurate, incorrect, or misleading information in prepared materials as Client is required to review the materials and approve the entire content prior to final delivery. Acclimate HR Consulting LLC is not responsible for consequential damages of any kind that Client may incur from inaccurate documents, edits to documents at Client’s request that coincide with Consultant’s expert recommendations of best resume practices, or while utilizing Acclimate HR Consulting LLC Services.

12.2 Acclimate HR Consulting LLC provides Templates, forms, documents, Products, Services, Subscriptions, and advice in good faith. Acclimate HR Consulting LLC is a professional Services company, not a legal Services company. As such, Acclimate HR Consulting LLC cannot and does not offer legal advice or warrant the legal accuracy of information or documents provided. It is for the Client to decide whether or not to accept our professional advice in making decisions. Acclimate HR Consulting LLC advises that the data critical to a decision should be independently verified prior to being acted upon. Therefore, Acclimate HR Consulting LLC accepts no liability for the consequences of its Templates, forms, documents, Products, Services, Subscriptions, and advice, whether direct or indirect.

12.3 Notwithstanding any other provision in these Terms and, in no event will Acclimate HR Consulting LLC be liable to any party including the Client for any indirect, punitive, special, incidental or consequential damage in connection with or arising out of these Terms (including for loss of profits, use, data or other economic advantage). The Client agrees to indemnify Acclimate HR Consulting LLC and keep it indemnified from and against any claims by any third party for or in respect of such damages.


WAIVER OF RESPONSIBILITY: 

13.1 During the course of Services, Acclimate HR Consulting LLC will provide counsel to Client pursuant to industry best standards. If Client seeks to make changes to documents or practices provided by the Consultant that do not align with current practices or industry best standards, the Consultant will advise accordingly and make suggested changes that appropriately align. Acclimate HR Consulting LLC waives any and all responsibility to Client if changes are made that Acclimate HR Consulting LLC does not expressly advise on, agree to, discourages. 


DISCLAIMERS

14.1 Acclimate HR Consulting LLC Products and Services are not promised or guaranteed to be correct, current, or complete, and the Acclimate HR Consulting LLC Products may contain technical inaccuracies or typographical errors. Acclimate HR Consulting LLC assumes no responsibility (and expressly disclaims responsibility) for updating Products to keep information current or to ensure the accuracy or completeness of any Products or Services. Accordingly, Clients are responsible for confirming the accuracy and completeness of all Products and information before making any decision. 

14.2 All information, Products, and Services provided on the Acclimate HR Consulting LLC websites are provided “as is” and “with all faults” with no warranties or guarantees of any kind. Acclimate HR Consulting LLC expressly disclaims to the fullest extent permitted by law all express, implied, statutory or other warranties, guarantees and representations, including, without limitation, the warranties of merchantability, fitness for a particular use or purpose, title and noninfringement of proprietary and intellectual property rights, and warranties arising from a course of dealing, usage or trade practice. Without limiting the generality of the foregoing, Acclimate HR Consulting LLC makes no warranty that the Acclimate HR Consulting LLC Products will meet Client requirements or that the Acclimate HR Consulting LLC websites or Products will be uninterrupted, timely, or error free. 


COPYRIGHT & OWNERSHIP

16.1 Except where otherwise specified, the contents of the Acclimate HR Consulting LLC Websites are subject to copyright. Copyright © 2020 Acclimate HR Consulting LLC, All rights reserved. The contents of Acclimate HR Consulting LLC Websites are protected by copyright and intellectual property laws in the United States and other countries as well as by international treaties. Purchasers, Clients, or site visitors may not copy or distribute any portion of Acclimate HR Consulting LLC’s Websites, Products, Services, or documents, except when using purchased Acclimate HR Consulting LLC Products as designed for their organization’s operations.


USER REGISTRATION

17.1 Client may be required to register with the Acclimate HR Consulting LLC Website or one of its component sites. Client agrees to keep their password confidential and will be responsible for all use of their account and password. Acclimate HR Consulting LLC reserves the right to remove, reclaim, or change username if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.


GENERAL PROVISIONS

18.1 Acclimate HR Consulting LLC reserves the right to modify these Terms or change or remove features, Products, or Subscriptions on the Acclimate HR Consulting LLC Website. Continued use of the Websites after the date of the modification shall be deemed acceptance of the modified Terms. Additional or different Terms, Conditions and notices may apply to specific materials, information, Products, software or Services offered through the Acclimate HR Consulting LLC website. In the event of any conflict, such additional or different Terms, Conditions and notices will prevail over these Terms. 

18.2 The validity of this Agreement and the rights, obligations and relations of the parties hereunder shall be construed and determined under and in accordance with the laws of the state of Washington; provided, however, that if any provision of the Agreement is determined by a court of competent jurisdiction to be in violation of any applicable law or otherwise invalid or unenforceable, such provision shall to such extent as it shall be determined to be illegal, invalid or unenforceable under such law be deemed null and void, but the remainder of this Agreement shall otherwise remain in full force. Any suit or action to enforce any provision of this Agreement, or any right, remedy or other matter arising from this Agreement, will be brought exclusively in the state or federal courts located in the City of Seattle, King County, Washington.  Consultant and Client agree and consent to the venue in and to the in-person jurisdiction of the aforementioned courts.

18.3 This Agreement, and all attached exhibits and Proposals, represent the entire understanding and agreement between the parties with respect to the subject matter hereof, and merges all prior discussions between them and supersedes and replaces any and every other agreement or understanding which may have existed between the parties to the extent that any such agreement or understanding relates to the Services.  Client hereby acknowledges that it has not relied on any other representation or statement that is not contained in this Agreement or made by a person or entity other than Consultant. To the extent, if any, that the terms and conditions of Client’s instructions or other correspondence are inconsistent with this Agreement, this Agreement shall control.

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