Service Agreement
This Service Agreement dated ______________________ is between __________________ (“Client”) and StandOut Resumes LLC (“Service Provider”), of 1500 JFK Boulevard, Suite C31 #59092, Philadelphia, Pennsylvania 19102. In consideration of the mutual covenants herein, and intending to be legally bound hereby, the parties agree as follows:
SERVICES:
Service Provider will deliver to Client the following documents and content for the Essentials Package:
1 marketable resume, including all necessary writing, formatting, design, and proofreading, as well as a professional headline, if Client requests, that Service Provider will incorporate within the resume
Full and exclusive intellectual property rights in the approved and finalized resume, as a work made for hire under the Copyright Act of 1976, except as noted in the “Rights And Privacy” paragraph, below
Access via phone and email to Service Provider representatives throughout the resume development process
Basic interview and follow-up guidance, during the time of the resume development process, and if Client requests: general and non-individualized suggestions on how one may effectively navigate an employer’s interview process
Service Provider will deliver to Client the following documents and content for the Premium Package:
All services from the Essentials Package
1 marketable cover letter, including all necessary writing, formatting, design, and proofreading
1 LinkedIn® profile optimization, which includes the following:
1 suggested Professional Headline and Summary
Content, limited in scope and provided in a separate document, which Client may incorporate into their individual LinkedIn profile; for privacy reasons, the Service Provider will not directly edit the Client’s LinkedIn profile
Effective strategies for enhancing the Experience, Skills, Education, and other relevant profile sections
Other limited best practice information on how to optimize a LinkedIn profile
Full and exclusive intellectual property rights in the approved and finalized documents and content, as works made for hire under the Copyright Act of 1976, except as noted in the “Rights And Privacy” paragraph, below, and except as limited in the terms and conditions of Client’s use of LinkedIn®
Service Provider will deliver to Client the following documents and content for any customized package, add-on components, or other custom work that is not already described by the above Packages:
Any writing, content development, formatting, and proofing to satisfy the scope of the project; the scope of which being mutually agreed upon by the Client and Service Provider
Full and exclusive intellectual property rights in the approved and finalized documents and content, as works made for hire under the Copyright Act of 1976, except as noted in the “Rights And Privacy” paragraph, below, and except as limited in the terms and conditions of Client’s use of LinkedIn®
EXPECTATIONS:
Service Provider commits to providing high-quality marketable resumes, cover letters, and other job search tools (the “documents and content” as described above) that may effectively help the Client achieve his or her job search goals.
Service Provider will begin work on Client’s documents and content as soon as Client initiates the credit/debit card payment, Client signs the Client Agreement, and Client provides all other necessary information, such as the Client’s targeted job leads.
Service Provider will create documents and content for Client’s specific job search goals, as Client provides that information. Service Provider needs accurate, truthful, and complete information from Client, which may include employment history, career and job search goals, education history, technical skillsets, and so on.
Client commits to providing only truthful information to Service Provider for the documents and content that Service Provider will create. Service Provider will not be held responsible or legally liable for any consequence if Client gives Service Provider false, misleading, deceptive, incomplete, or untruthful information.
Service Provider will deliver an initial draft and revisions, if needed, to Client’s satisfaction. Client may request unlimited edits and revisions for 14 days from the date of receiving their initial draft. Service Provider will deliver no more than 3 new drafts during this process, unless, at Service Provider’s sole discretion, unusual circumstances apply.
After Client has approved the finalized version of the ordered documents and content, Service Provider will make no additional work, edits, or updates to the Client’s ordered documents and content. Beyond that point, at the Service Provider’s discretion, Service Provider may offer additional guidance.
FINAL PROOFREADING AND APPROVAL:
Service Provider will conduct proofreading with the aim of developing grammatically-sound and error-free documents and content. Final proofreading and ensuring the accuracy of the documents and content are Client’s responsibility. This means that:
Client must proof copies and request revision if Client discovers errors.
Client will not distribute any material or document created by the Service Provider should the accuracy be in question.
By distributing the finalized documents and content to employers or other professional or personal contacts, Client acknowledges that everything in the documents and content is accurate.
Client will not blame Service Provider or hold Service Provider legally liable for inaccuracies in documents and content that Client distributes to employers or other professional or personal contacts.
The writing process is complete when Client approves the ordered documents. Service Provider will consider the ordered documents and content approved by the Client after Client either approves the documents in writing or verbally, or gives no response after seven days of the Service Provider’s final delivery of documents and content. At any time, should the Client submit the unapproved or uncompleted ordered documents to any job opening, whether it is an active or passive opportunity, it will be understood that the Client has given their approval on the final version. Once the ordered documents and content are approved, no further edits will be made by the Service Provider.
PAYMENT TERMS AND SATISFACTION GUARANTEE:
Service Provider will give Client an estimated quote for all services either during or shortly after the Client’s initial conversation with the Service Provider. Client must make payment in full, up front, and in advance for the documents and content before Service Provider starts work. Client may make payment by credit/debit card via Service Provider’s third-party payment processing system, or by personal check upon Client’s request. If Client chooses to pay by credit/debit card, Client acknowledges that Service Provider will process the payment with a third-party payment processing service. Service Provider has chosen this service using its best reasonable efforts to consider and preserve Client’s data security; however, Client agrees that any breach of Client’s data security by the third-party payment processing service is not Service Provider’s responsibility, and Client releases Service Provider from any and all liability for actual, proximate, or consequential damages related to that loss.
Should the Client be dissatisfied with the documents and content before the final work is approved, he or she may request a full money-back guarantee after all reasonable efforts have been expended to resolve the situation, and Client must subsequently destroy all hard and electronic versions of the order documents and refrain from distributing the documents or reusing their content in any job applications, additional resume versions, LinkedIn profiles, or within any other job search or personal branding tools, material, or outreach. Once Client approves the final documents and content, Service Provider offers no further guarantee. It is understood that outside of these criteria, no other scenarios may warrant a full or partial refund, including but not limited to, lack of job search results, interview invitations, or employment offers.
LIMITATION OF LIABILITY:
Service Provider is not and will not be held liable for false, misleading, deceptive, incomplete, or untruthful information in the documents and content that it creates for Client, whether intentional or accidental. Service Provider is not responsible for errors after the Client accepts the finalized documents and content, or on any drafts that the Client distributes prior to the finalized documents and content. Service Provider will not attempt to confirm or verify information that Client provides. Service Provider is not responsible for consequences or actual, proximate, or consequential damages of any kind that Client may incur from inaccurate documents or content or any other services that Service Provider delivers or performs. Client will indemnify and hold Service Provider harmless against any claim brought against Service Provider regarding the documents and content that Service Provider delivers to Client.
Service Provider is not a recruiter. Service Provider does not guarantee job placement or employment success.
This Agreement is not intended to, and does not, create or impose any fiduciary duties between the Client and Service Provider. The Client and Service Provider agree that any liability under this Agreement shall not exceed the value of the services purchased by the Client from the Service Provider for a one-year period from the Agreement execution date.
ELECTRONIC FILES:
Service Provider sends files in Word and/or PDF formats, upon Client’s request. Service Provider does not guarantee documents will retain all of their original intended formatting features on Client’s individual equipment. Service Provider cannot provide technical support on document formatting.
RIGHTS AND PRIVACY:
Client grants Service Provider the limited license to use Client’s documents and content, anonymized or fictionalized or otherwise stripped of personally identifiable information, for use as sample material. Examples of this use include use in any articles, blogs, columns, books, and industry-related publications, whether print or electronic; and a searchable database for job recruiters.
Client acknowledges that Service Provider uses its best reasonable efforts to preserve Client’s confidentiality and privacy, including Client’s personally identifiable information and the information that Client provides for Service Provider to use in creating Client’s documents and content. However, Client will not hold Service Provider liable in the event of an unintentional or accidental breach of Client’s privacy or release of this information, whether within Service Provider’s data management system, third-party payment processor, or from a computer used by an owner, employee, or a contractor of Service Provider. Also, Service Provider will not be responsible for consequences or actual, proximate, or consequential damages of any kind in the event of such a breach or release.
Notwithstanding Client’s ownership of the finalized documents and content contemplated in this Agreement, Service Provider holds, retains, and does not grant any intellectual property right or license in any pre-written template that Service Provider may use in creating Client’s documents and content.
AGREEMENT EXECUTION:
This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. A signed copy of this Agreement delivered by facsimile, e-mail, “click-through” – where the agreement is executed by clicking a corresponding button on an electronic order form – or other means of Electronic Transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement. Electronic Transmission shall mean any form of communication not directly involving the physical transmission of paper that creates a record that may be retained, retrieved and reviewed by a recipient thereof and that may be directly reproduced in paper form by such a recipient through an automated process.
AUTHORIZATION:
I, the Client, am ordering either the Essentials or Premium Package or a non-standardized, custom package, depending on the service that I believe best meets my needs, and agree to pay the price in full. Once I sign this Service Agreement, I will receive an electronic invoice and request for payment, if I have not already received it. I agree to allow the transaction to be fully binding and equal to an original signature on all matters related to the agreement with my card issuer.
I understand that fees are payable in full on the date of this Service Agreement or on a mutually agreed-upon date.
I agree that this Agreement will be governed by the laws of the Commonwealth of Pennsylvania. In the event of a dispute about this Agreement, I agree to have the case heard in Philadelphia, Pennsylvania, whether in the Court of Common Pleas of Philadelphia County, Pennsylvania, or, if federal courts have jurisdiction, in the Eastern District of Pennsylvania.
I further affirm that the name and personal information provided on my order are true and correct. I further declare that I have read, understand, and accept the terms and conditions contained herein.