TERMS OF SERVICE
Terms and Conditions
THE INFORMATION CONTAINED HEREIN SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE TRANSACTION(S) CONTEMPLATED FOR HEREBY. THESE TERMS REQUIRE THE USE OF ARBITRATION (ON AN INDIVIDUAL BASIS ONLY; I.E., CASE CONSOLIDATIONS AND CLASS-ACTIONS ARE NOT PERMITTED) IN ORDER TO RESOLVE DISPUTES. PLEASE REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ENTERING INTO ANY TRANSACTION HEREUNDER IN ORDER TO CONFIRM YOUR ACCEPTANCE HEREOF. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE UNLESS AND UNTIL YOU: (A) AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY; (B) ARE AT LEAST 18 YEARS OLD; AND (C) ARE NOT PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS, OR SERVICES BY ANY APPLICABLE LAW, RULE, OR REGULATION.
1 Article One. Applicability of Terms and Conditions. These Terms and Conditions (these "Terms") are entered into by and between you (“you” or “Client”) and Mandana Mohsenifard, dba Market-Connections (referred to herein as “Company”, “we,” “us,” or “our”) (collectively with Client referred to as the “Parties” and each a “Party”). These Terms shall apply to your purchase of services and related products through www.marketconnections.net (the "Site"). These Terms are subject to change at any time without prior written notice by the Company. The most recent version of these Terms shall be posted for your review at any time on the Site. Please review these Terms in their entirety prior to engaging in any transaction on the Site. Your continued use of the Site after any posting of updated Terms (which shall be dated as of their most recent update) shall constitute your acceptance of and agreement to any changes therein made.
2 Article Two. Online Orders. When placing an order on our Site, you are effectively offering to purchase whatever products and services you select. We reserve the right to accept or reject any order in our own discretion. We will only accept or reject an order in its entirety. Should we elect to accept your offer, you will receive a confirming email at the email address that you provide at such time. Notwithstanding, we reserve the right to cancel any order once accepted by us (as evidenced by a confirming email) at any time in our sole discretion. Additionally, you have the option of cancelling your order (in its entirety only) at any time prior to our having sent to you the confirming email referenced herein.
3 Article One. Services.
a) Market Connections offers professional resume-writing and related services (the “Services”). Services rendered will include (1) an initial questionnaire process (the “Data Exchange Form”); (2) an introductory call (the “Introductory Call”) of up to 30 minutes; (3) a review of supporting documentation (e.g., previous resumes, cover letter, recommendations, etc.) (collectively, the “Supporting Documentation”); (4) the development of a resume and/or cover letter, new content for Client’s LinkedIn profile and/or other written content as determined by us (the “Deliverables”); and (5) one round of Client-requested revisions.
b) Selection; 5 Resume Drafting Categories (the “Resume Categories”). Client selects his/her appropriate Category, prior to choosing their Package Deal of choice as listed under one of the 5 career categories listed on www.marketconnections.net and processes payment through the Site. Payment is due in full prior to Services being rendered. Payment may be made payable to Market-Connections by debit or credit card via PayPal.
- Entry Level Resumes: This Resume Category may be selected by Clients who have only 2 or less years of work experience. Find Category details and 5 Package Deals (A through E) available for purchase here.
- Junior Level Resumes: This Resume Category may only be selected by Clients who have between 3 and 7 years of work experience. Find Category details and 5 Package Deals (A through E) available for purchase here.
- Mid-Career Level Resumes: This Resume Category may only be selected by Clients who have between 8 and 15 years of work experience. Find Category details and 5 Package Deals (A through E) available for purchase here.
- Accomplished Professionals Resumes: This Resume Category may only be selected by Clients who have more than 16 years of work experience. Find Category details and 5 Package Deals (A through E) available for purchase here.
- Senior Level Resumes: This Resume Category may only be selected by Client who have C-level or executive director experience. Find Category details and 5 Package Deals (A through E) available for purchase here.
- YOU HEREBY UNDERSTAND AND AGREE THAT IF YOU CHOOSE ONE OF THE CATEGORIES IN THIS SECTION 3.01(B), AND YOU HAVE A DIFFERENT LEVEL OF EXPERIENCE AND ANOTHER CATEGORY IS APPROPRIATE, YOU WILL BE CHARGED FOR THE APPROPRIATE CATEGORY.
- FEES ARE BASED ON THE NUMBER OF YEARS OF EXPERIENCE THAT IS TO BE LISTED ON THE NEW RESUME.
- FEES ARE NOT BASED ON EACH CLIENT’S OBJECTIVES OR CAREER CHANGE PLANS.
c) The price quotes listed in each Resume Category will only apply to Clients whose work experience is commensurate with their chosen Category. An adjustment to the actual cost will be made if the scope of the project varies significantly from the information this estimate was based on. All additional services beyond the scope of Client’s chosen Resume Category are based on an $80.00 per hour rate and will be billed in quarter-hour increments, except for Interview Coaching, which shall be billed at $95.00 per hour.
d) Client agrees to participate fully in the information-gathering process including, but not limited to, answering any necessary questions, providing copies of previous career marketing documents, providing links to job postings for the career target identified as the focus of the job search, and providing as much information as possible in order to create the Deliverables.
e) The Company is not obligated to provide Services of any kind. Further, the Company is not obligated to continue providing Services or working on Deliverables if Client fails to submit the Supporting Documentation, fails to provide a completed Data Exchange Form, or if Client fails to provide accurate and up-to-date contact information (including e-mail address and phone number, as well as current and accurate mailing address).
f) If the Supporting Documentation is not properly submitted to the Company within 90 days from the date that Client’s payment has been processed, the project will be considered complete and the Client will forfeit the rights to any Services not used or Deliverables not completed.
g) Normal turnaround time for projects is 10 to 15 business days, but this may vary depending on a number of factors, including but not limited to Client’s delay in providing Supporting Documentation or the Data Exchange Form. Rush Service is available at an additional fee of $150.00 and with prior written consent from the Company. Client must provide 24 hours’ written notice for any confirmed appointments (e.g., Introductory Call) that need to be rescheduled.
h) Client must review all Deliverables for accuracy, errors, and missing or incomplete content (“Errors”). If Client finds any Errors, Client must compile any requests for changes or corrections (or approval to finalize) in up to two emails within 5 days of receipt of the draft Deliverables.
i) The Company reserves the right to refuse service, terminate a Client relationship, or otherwise cancel orders in the Company’s sole discretion.
3.02 Data Exchange Form. Prior to commencing Services, Client must complete the Data Exchange Form. Client agrees to complete the Data Exchange Form accurately and according to instructions, to the best of his or her ability. While an Introductory Call is available to clarify issues not fully explained in the Data Exchange Form, Client agrees not to use this as a substitute for completing the Data Exchange Form. Client must return the Data Exchange Form in Microsoft Word format (.doc or .docx). If the Data Exchange Form is not returned in Microsoft Word format (e.g., is returned in manuscript, .pdf, .jpg format) and/or it contains more information than just your name and address, there will be an additional $80.00 fee added to the price of your Services for retyping the document and changing it into an acceptable Microsoft Word format. TO AVOID THIS FEE, please return the Data Exchange Form in typed Microsoft Word format (.doc or .docx format). Additionally, if the Data Exchange Form is returned in a form that has been substantially changed or altered from that which was downloaded from the Site, an additional $80.00 fee will apply and be added to the price of your Services.
3.03 Introductory Call. After Client remits payment for the Services, the Company will call Client for the Introductory Call so that Client and Company can become acquainted, discuss Client’s career goals and professional plans, and build a strategy before preparing the Deliverables.
3.04 LinkedIn. LinkedIn profile development fees include the creation of a custom Headline, Summary content (at least four paragraphs), and a re-write of the Client’s job description in a different tone for a public and social digital platform. Moreover, an additional instructional document of about 10 pages that contains detailed instructions for Client to upload content to his or her LinkedIn account is also included. The new content for a new LinkedIn profile will be prepared in 10 to 15 business days after Client’s approval of the Deliverables. A lack of response from Client five days after Deliverables have been completed indicates Client satisfaction and a completed project, after which no additional Services shall be provided. There will be no revisions offered or provided on the new content for Client’s LinkedIn profile because it will be prepared based on the Deliverables after Client’s final approval.
3.05 Deliverables. Deliverables are provided electronically in Microsoft Word and Adobe Acrobat PDF formats. The Company is not responsible for technical difficulties related to receiving or transmitting information, including, but not limited to, file compatibility issues, email difficulties, or other issues, whether or not unforeseen.
3.06 Background Checks. As a part of Client’s Resume Package, the Company may offer to obtain and provide Client with a free background check (the “Background Checks”). The purpose of the Background Checks is to provide Client with an understanding of what Client’s prospective employers may learn about Client’s background, and Client can thus better prepare for any interviews he or she may secure. By purchasing our Services and agreeing to these Terms, Client understands and agrees that the Company is authorized on Client’s behalf to obtain a Background Check for Client. The Company will keep Client’s Background Check and any information contained therein confidential pursuant to the terms of Article 7, below. If Client does not wish for the Company to obtain and provide Client with a Background Check, it is Client’s responsibility to notify the Company as soon as possible. Because the Company will not share Client’s Background Check or the information contained therein, Client expressly releases Company from any liability that may arise from any prospective or current employer gaining access to a Background Check on you.
4 Article Four. Satisfaction Policy; Revisions.
a) Once your Deliverables are complete, you will receive a copy by email in Microsoft Word format. The Company provides a 100% satisfaction policy on all written material; If there are any factual errors in the Deliverables, corrections will be made by the Company at no additional cost, if and only if all requests for corrections are communicated to the Company within the first five days following the Company’s initial submission of the Deliverables, and as long as the requests are communicated to the Company within no more than two emails. Thus, a revised document will be provided at no additional charge.
b) Note: If the Supporting Documentation submitted by Client prior to the commencement of Services contains factual errors, the Company will correct and revise the errors subject to an additional fee, in the sole discretion of the Company, for time spent revising these errors, depending on the level of work involved and resubmission requirements.
c) Client is responsible for proofreading all material to ensure accuracy, completeness, punctuation, and grammar. If alterations are required once the Deliverables have been provided to Client, there may be an additional fee charged to Client, in the sole discretion of the Company, depending on the level of work involved and resubmission requirements.
d) A lack of response from Client for more than five days after Deliverables have been submitted to Client indicates a completed project; additional charges will be incurred for corrections received after this time-period.
5 Article Five. Payment Terms.
a) All applicable prices are set forth alongside the Services offered on the Site. They may differ from the prices offered elsewhere (online or offline) by us for the same goods and/or services. Such prices are subject to change at any time by us in our sole discretion. Additionally, to the extent that we offer a promotion in connection with any particular item, the terms of such offer shall be set forth in a separate document that shall govern its applicability (and, in the event of a conflict herewith, be considered the governing document). You will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges. Payment may only be made with a valid credit, debit card, or use of a bona-fide electronic payment provider (i.e., PayPal). By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.
b) Client understands and agrees that Client must submit payment for his or her chosen Resume Package prior to the commencement of Services by the Company.
c) Payment is processed by PayPal, not the Company, and PayPal’s Legal Agreements, seen here, apply to your payment transaction. If you do not read or agree to PayPal’s policies, you must not use our Services.
d) Requests for any revisions, corrections, changes, alterations, additional services, or tweaks after the Services are complete — including Client’s discretionary requests — will be subject to additional charges at the rate of $80.00 per hour, billable in quarter-hour increments, and subject to the sole discretion of the Company.
e) After 90 days from the date Client submits payment, all Deliverables will be considered approved and complete, and additional work will be billed at the rate of $80.00 per hour, billed in quarter-hour increments, and subject to the sole discretion of the Company.
6 Article Six. Representations & Warranties (“R&W”); Disclaimers; Limitations on Liability.
6.01 Client’s R&Ws.
a) Client understands and agrees that the Deliverables provided by the Company must be marketed properly to produce interviews, and that no guarantee of interviews, job offers, or employment is made when utilizing the Services. Client understands and accepts full responsibility for the outcome of any job search campaign and agrees that the Company is not responsible for Client’s failure to secure interviews, job offers employment, or any other related outcomes.
b) Client further understands and agrees that the Deliverables created by the Company will be used for the sole purpose of seeking/soliciting jobs and/or interviews and for any other purposes expressly authorized by the Company in its sole discretion. Client may not sell, post, publicly review, or otherwise utilize the documents unless authorized in advanced writing by the Company.
c) Client represents and warrants to us as follows: (i) that Client has the right to enter any transaction contemplated for hereby without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (ii) that Cleint will use the goods and services provided hereunder exactly as authorized and never in any way that would violate any applicable law or third party right of any kind; and (iii) that Client is buying goods or services from the Site for solely his or her own use, and not for resale or export.
d) Client agrees to order the work as described in this Agreement and agrees to pay the total of the fees for the services ordered. Further, client authorizes Market-Connections to charge his/her credit card account for services indicated and this transaction shall be fully binding whether processed through online shopping cart, by phone, or PayPal. Client further declares upon processing payment that he/she has read, understands, and accepts the terms and conditions in this agreement.
6.02 The Company’s Warranty and Disclaimers. Subject to applicable law, we are providing the goods and services to you “as is” without express or implied warranties of any kind (including without limitation any: (i) warranty of merchantability; (ii) warranty of fitness for a particular purpose; (iii) warranty of title; or (iv) warranty against infringement of intellectual property rights of a third party, whether express or implied by law, course of dealing, course of performance, usage or trade, or otherwise). Client acknowledges and agrees that under no circumstances shall we be liable for any breach of any warranty claims, express or implied, and/or for any loss or damages that may arise out of the manufacturer’s failure to honor its warranty obligations to you.
6.03 Liability Cap. UNDER NO CIRCUMSTANCES WILL COMPANY’S OBLIGATION OR LIABILITY UNDER THIS AGREEMENT EXCEED THE PURCHASE PRICE YOU PAID ON THE SITE FOR ANY GOODS OR SERVICES. ADDITIONALLY, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OF USE, DATA, BUSINESS, GOODWILL, REPUTATION, OR REVENUE, AND/OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER DIRECT OR INDIRECT LOSSES OF ANY KIND.
6.04 No Refunds. Client acknowledges that fees are for Services and, as such, are neither cancelable nor refundable. Client understands that by agreeing to this agreement, he/she authorizes the Company to provide the Services.
7 Article Seven. Confidentiality. By purchasing our Services, you authorize all persons who are now working for the Company as employees or independent contractors, or individuals who are hired in the future, to work on providing your Services. Except to the extent expressly authorized by this Agreement or otherwise agreed in writing by the Parties, each Party agrees that, for the term of this Agreement and for seven (7) years thereafter, it shall keep confidential and shall not publish or otherwise disclose and shall not use for any purpose other than as provided for in this Agreement any Confidential Information disclosed to it by the other Party pursuant to this Agreement, except to the extent that the receiving Party can demonstrate by competent evidence that specific Confidential Information:
a) was already known to the receiving Party, other than under an obligation of confidentiality, at the time of disclosure by the other Party;
b) was generally available to the public or part of the public domain at the time of its disclosure to the receiving Party;
c) became generally available to the public or part of the public domain after its disclosure to the receiving Party and other than through any act or omission of the receiving Party in breach of this Agreement;
d) was disclosed to the receiving Party by a Third Party who had no obligation to the disclosing Party not to disclose such information to others, other than under an obligation of confidentiality to the Third Party; or
e) was independently discovered or developed by the receiving Party without the use of Confidential Information belonging to the disclosing Party, as documented by the receiving Party’s contemporaneous written records.
8 Article Eight. Miscellaneous.
8.01 Third-Party Beneficiaries. These Terms are for your sole benefit and nothing herein, express, or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
8.02 Force Majeure. Company shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, acts of God, terrorism, and/or delivery, vendor, supplier, or other third-party delays, non-performance, or failures of any kind.
8.03 Assignment. Company may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties hereunder at any time without our prior written consent in each instance, and any attempt to do so shall be null and void.
8.04 Partial Invalidity. In the event that any part or portion of these Terms is deemed to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
8.05 Governing Law/Binding Arbitration.
a) Governing Law. These Terms shall be governed by the laws of the State of California without regard to its conflict of laws principles.
b) Binding Arbitration. Subject to subsection (c) below and all applicable laws, you are agreeing to give up: (i) your right to litigate any claims that may arise hereunder in court or before a jury; and (ii) your right to consolidate any claim and/or participate in any class-action claim that may arise hereunder in any manner or forum. Instead, any claim, dispute, or controversy of any kind or nature arising hereunder which cannot be amicably resolved by us shall be solely and finally settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place before a panel of three arbitrators sitting in the City of Los Angeles, Los Angeles County. The language of the arbitration shall be English. The arbitrators will be bound to adjudicate all disputes in accordance with the laws of the State of California. The decision of the arbitrators shall be in writing with written findings of fact and shall be final and binding on the parties. Company shall bear all of its own costs, as well as your reasonable outside attorneys’ fees, actually incurred in connection with any such arbitration proceedings; provided, however, that if we are the prevailing party, we shall be entitled to reimbursement for those amounts that were expended on your behalf. With respect to any arbitration hereunder, as stated above, you hereby expressly waive any right to consolidate any claim and/or participate in any class-action claim of any kind or nature. This Section 8.05(a) provides your sole recourse for the settlement of any disputes arising out of, in connection with, or related to these Terms. If any provision of this clause is found unenforceable, such unenforceable provision will be removed and the remaining terms will be enforced.
c) Small-Claims Option. Notwithstanding the foregoing, you may elect to pursue a breach of warranty claim in small-claims court rather than submit to binding arbitration, but only if you provide us with written notice of your desire to do so within 90 days of your purchase transaction. Any small-claims court proceeding initiated hereunder will be limited solely to your individual dispute; i.e., you are not permitted to file, or participate in, a class action suit in small-claims court with respect to these Terms.
8.06 No Waivers. Our failure to enforce any of our rights hereunder will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.
8.07 Notices. We may provide notices hereunder to you by: (i) email; (ii) regular mail; or (iii) posting them on the Site. You shall be responsible for ensuring that you have provided us with your current email and mailing addresses. You can contact us at any time by any of the following means: (i) email, at: firstname.lastname@example.org; or (ii) personal delivery, overnight courier, or registered or certified mail to: 2337 Roscomare Rd., Ste 2-214, Los Angeles, CA 90077.