Terms of service

Expectations of Each Party:

Merchant Expectations

Merchant will request client to complete career questionnaire and assessments to gather specific information regarding short term career goals and background information relevant to the self-marketing documents being created.

Merchant provides a 100% satisfaction policy on all written material; if Client is not satisfied with any portion of the self-marketing documents, a rewrite will be provided at no additional charge for items purchased. Client understands that Merchant does not issue exchanges, credits or refunds for dissatisfaction of written material.

Merchant agrees to keep all of Client’s information completely confidential and will not sell or transfer his/her information at any time whatsoever.

Merchant with have the authority to use work completed by Merchant for Client as Marketing or for Projects needed for Burgeon Career’s business development. Merchant agrees to keep all contact information confidential.

Merchant is not a therapist. If, during any conversations, any issue arise that may require the services of a therapist or physician, Merchant will advise Client to seek such assistance.

 

Client Expectations

Client agrees to pay all fees associated with requested work and participate fully in the information-gathering process for creating career documents — including, but not limited to, answering 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 giving as much information as possible in order to create interview-winning career marketing documents.

Client will complete career questionnaire within 2 business days of purchasing résumé or resume / LinkedIn package. Client understands the delivery of the completed career questionnaire is the sole responsibility of the Client and has a direct impact on the timeline of the project. Client also reserves the right to deliver the completed questionnaire earlier than the specified timeline to facilitate project completion.

 

Client is responsible for proofreading all material to ensure accuracy and completeness including job titles, descriptions, accomplishments, dates of employment, and correct spellings. All requested revisions must be sent via client account directly to Merchant, before final approval by Client. Once final documents are reviewed and approved by Client, Merchant is no longer responsible for making alterations.

Client is responsible for notifying Merchant if the draft documents are not received by the expected delivery date. Once Client has received the first version, he/she has 2 business days to respond. After 10 days with no response in any stage of the process, the project will be considered abandoned and complete.

 

Warranty Disclaimer:

I understand that Merchant will work with me in good faith to compose and design exceptional career marketing materials based on the data I provide.

I understand that Merchant provides career tips and job searching advice in good faith and is not liable for loss that may occur after following advice. Merchant does not guarantee job placement or interviews. Client understands that it is his/her responsibility to represent him/herself at job interviews and to apply to positions within skill set level and scope.

I understand that the documents composed by Merchant must be marketed properly to produce interviews, and that no guarantee of interviews, job offers, or employment is made when utilizing the services of Merchant. Client accepts full responsibility for the outcome of any job search campaign and agrees to not hold Merchant responsible for lack of interviews or job offers, failure to obtain employment, or any other related outcomes.

Client success is directly dependent on the effort, commitment, and diligence employed using the new career document and a variety of job search strategies (applying for advertised positions, networking, social media search, direct contact with potential employers, etc.). Outcomes are affected by many external variables, including market volatility, local and national economies, market saturation for a particular industry, and Client’s level of experience, skills, and education.

 

Client Assurance of Accuracy of Information Provided:

  • Client is responsible for the accuracy of the information provided. Merchant will not be responsible for information obtained from Client that is inaccurate or incorrect. When Client submits information to Merchant, he/she grants a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, edit, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content subject to the company’s Privacy Policy. Client is responsible for accuracy of information included in career documents and should not sign off on projects as finalized without thoroughly reviewing the documents.
  • Merchant is not responsible for errors on Client originals or for errors after proofreading and approval by the Client.
  • Merchant is not liable for any injury or damage caused by Client omissions, false statements, or other inaccuracies, and will not be responsible for any monetary compensation or attorney fees if a legal dispute arises.
  • Under no circumstances will Merchant be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of — or the inability to use — documents provided by Merchant.
  • Client represents and warrants that he or she owns or otherwise controls all of the rights to the content supplied to Merchant; that the content is accurate; that he/she is authorized to use the content supplied and that Merchant is indemnified for all claims resulting from content supplied by the Client.
  • Client authorizes Merchant to use any work created on his/her behalf in publications, books, websites, and/or lectures provided that Client information (including names, addresses, phone numbers, and email addresses) is changed to protect Client identity.
  • Client grants permission to Merchant to use the content of Client’s career marketing documents to be published in articles, columns, books, industry-related publications, and/or training materials at the discretion of Merchant. All Client identifying data (name, address, city, email address, phone numbers) will be removed or fictionalized to protect Client identity.
  • Client acknowledges that career documents are considered work-for-hire under the United States Copyright Act of 1976. All concepts, ideas, copy, sketches, artwork, electronic files, and other materials are the property of Merchant.
  • Client agrees that the documents created by Merchant will be used for the sole purpose of seeking/soliciting jobs and/or interviews and for any other purposes expressly authorized by Merchant. Client may not sell, post, publicly review, or otherwise utilize the documents unless authorized in writing by Merchant.
  • All materials, information, documents, and resources provided to the Client in the process of completing the project remain the property of Merchant. Client is granted a revocable license to use career marketing documents; however, Merchant retains copyright and holds intellectual property rights for materials created. This license does not permit Client to allow a third party to utilize any of the materials or products developed by Merchant.
  • Information gathered from the Client during the document creation process will be kept confidential. Merchant agrees not to disclose Client’s confidential information to anyone or use it in any way other than for the purpose of performing services for the Client, with the exception that Merchant may disclose confidential information if ordered to do by a court of law.

 

Indemnification:

  • All work to be completed in a timely manner subject to acts of God, mechanical failure, or other circumstances beyond the control of Merchant.
  • All services will be completed in a timely manner, subject to acts of God, equipment failure, or other circumstances beyond the control of Merchant.
  • Merchant is not responsible for technical difficulties related to receiving or transmitting information, including, but not limited to, file compatibility issues or email difficulties.
  • Merchant is not responsible for technical, hardware, and/or software failures of any kind nor for any issues resulting from same.
  • Merchant provides Client files in Microsoft Word and PDF formats and does not guarantee documents will retain all of their original, intended formatting and features on Client equipment. Merchant cannot provide technical support for document formatting or other file compatibility issues due to the wide variety of computer software and hardware available for Client use.

 

Refund Policy:

  • Client acknowledges that fees are for services and, as such, are neither cancellable nor refundable. Client understands that by making payment for this service, he/she authorizes Merchant to provide the services paid for.
  • Fees for consultation, information-gathering, and preparation of career documents are non-refundable, as Merchant provides custom services for each Client.
  • Services include consultation, coaching, writing and editorial services, design, layout, editing and proofreading, and finalization. Services rendered are neither cancellable nor refundable by Client.
  • Any deposits made are non-refundable, as they cover the review of materials, development of interview questions, or other services.
  • Once Client has paid for services no refunds are available. A refund may be available (at the discretion of Merchant) if Merchant determines a lack of feasibility of the project as requested by Client.
  • Merchant is under no legal obligation to refund the purchase price of any service under any circumstance. However, Merchant will seek to satisfy every Client in a reasonable manner.
  • Merchant reserves the right to refuse service, terminate a client relationship or otherwise cancel orders in their sole discretion.
  • If the project is abandoned with no response or no answer to questionnaires after 10 business days, Merchant (Burgeon Careers) will assume the client has forfeited the project. The project will be canceled with no refund.
  • Merchant will require a re-engagement fee of $275 if there has been no response to the questionnaire or project.

 

Authorization:
Client agrees to order the work as described in this agreement and agrees to pay the total amount due for the services ordered. Further, Client authorizes Merchant to charge his/her credit card account for services indicated and this transaction shall be fully binding whether processed through Zelle, or Stripe. Client further declares that he/she has read, understands, and accepts the terms and conditions in this agreement. Merchant reserves the right to alter these terms and conditions at any time. Any questions regarding the terms herein can be sent to hr@burgeoncareers.com.
In the event of any legal action, the laws of New Jersey will apply, and only the courts located in Parsippany, NJ will have jurisdiction over the parties to this agreement. This agreement shall be governed in all aspects by the laws of the United States of America and by the laws of the state of New Jersey. Each of the parties irrevocably consents to the exclusive personal jurisdiction of the federal and state courts located in New Jersey, as applicable, for any matter arising out of — or relating to — this agreement, except that in actions seeking to enforce any order or any judgment of such federal or state courts, such personal jurisdiction shall be non-exclusive. If any provision of this agreement is found to be unenforceable, all other clauses shall remain unchanged and in full force and effect.

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