Terms of Service * Consulting Agreement:
By accepting these terms you the "Client" agree to appoint Blue Turtle Consulting the "Consultant" as follows:
Consultant's duties and responsibilities shall be to provide business development, fee proposal strategy and negotiation advice to Client, (collectively, the “Duties” or “Services”).
Consultant represents that the advice is strictly from a commercial perspective only and is not to be used in substitute for legal counsel. Consultant is not a licensed attorney and does not dispense legal advice. The Client is strongly advised to seek independent professional legal counsel with regards to the application of any and all advice provided by the Consultant.
Limitation of Liability:
Consultant is not responsible for any claims, liabilities or losses or perceived losses either direct or indirect as a result of the advice provided by Consultant. Client is responsible for making its own decision with regard to the acceptance of the advice provided by the Consultant.
The Consultant shall not be liable for any incidental, consequential, indirect or special damages, or for any loss of profits or business interruptions caused or alleged to have been caused by the performance or nonperformance of the Services. Client agrees that, in the event, the Consultant is determined to be liable for any such loss, Client's sole remedy against The Consultant is limited to a refund of payments made by Client for said Services, less expenses paid to subcontractors or to third parties. The Consultant is not responsible for errors which result from faulty or incomplete information supplied to the Consultant by Client. Client also agrees to not seek damages in excess of the contractually agreed upon limitations directly or indirectly through suits by or against other parties. The Consultant shall not be liable to Client for any costs, damages or delays due to causes beyond its control, expressly including without limitation, unknown site characteristics; changes in policies, changes in terms of services.
All services outside the scope of this Agreement that are requested by the Client and which the Consultant agrees to perform will be billed at a rate of US$250 per hour. Client will be notified and must approve in writing (email is sufficient) additional services before they will be performed, although The Consultant may not necessarily be able to inform Client in advance of the total cost of such additional services. Client will also be given the opportunity to purchase additional services at package rates, when deemed appropriate by the Consultant.
The Client shall pay the Consultant a consulting fee equal to the amount specified on the fee proposal review services page (website). If no fee is shown then a consulting fee equal to US$250 per hour will become due.
This Agreement may be terminated at any time by either party. In the event that the Client desires to terminate the Services hereunder, the Client must submit a written request to The Company at least seven (7) days prior to the desired date of termination. Written requests to terminate may be made by e-mail. If the Client chooses to terminate this agreement in writing, all monies owed to the Consultant will be due immediately and will be automatically charged to the Client’s payment method on file. Under no circumstances will The Client give refunds of the amount paid for the Services hereunder.
Ownership of Materials:
The Consultant shall retain the creative rights to all original materials, data and similar items, produced by the Consultant hereunder in connection with the Services under this agreement. All services and software used by the Consultant shall at all times be the sole property of the Consultant and under no circumstances shall Client have any interest in or rights to the title to such materials, or software. Client acknowledges that The Consultant may use and modify existing materials for Client’s benefit and that Client holds no rights to such materials.
Proprietary Information and Use of Materials:
Except as provided elsewhere in this Agreement, all information disclosed by one Party to the other Party, shall be deemed to be confidential and proprietary (“Proprietary Information”). Such Proprietary Information includes, without limitation, information regarding marketing, sales programs, sales volume, sales conversion rates, sales methods and processes, sales proposals, products, services, vendors, customer lists, training manuals, sales scripts, telemarketing scripts, names of investors, and customer information, operating procedures, pricing policies, strategic plans, intellectual property, information about a Party’s employees and other confidential or Proprietary Information belonging to or related to a Party’s affairs.
The Company does not warrant or guarantee any specific level of performance or results. Example of results obtained for other clients of The Company may be used as a marketing tool and shown to Client for demonstrative purposes only and should not be construed by Client as indicating any promised results or level of results.
This Agreement is the final, complete and exclusive Agreement of the Parties. No modification of or amendment to this Agreement shall be effective unless in writing and signed by each of the Parties.