By clicking the "Complete My Order" button on the "Home Improvement Consulting Checkout" page, you are agreeing to the following terms and conditions:
You (the “Client”) are entering into an agreement to receive Home Improvement Consulting Services from Yeagers Consulting Company (“The Company”) a Pennsylvania corporation company, with a mailing address of 5204 Faulk Dr., Export, PA 15632 with the "Effective Date" being the date of purchase.
1. The Services.
Services under this agreement will be limited to consulting and coaching regarding home improvements to the Client’s real property.
2. Client Requirements
Client agrees to provide the following items in the timeframe stated:
A. Prior to the initial consultation, the Client will complete a questionnaire describing the Client’s property, some personal information, and other information deemed pertinent to allow the Company to effectively provide coaching and consulting services.
B. Attend the initial consultation within 30 days after the Effective Date. At the initial consultation, all decision-makers for the property in question will be present.
C. If these conditions are not met, the Company may terminate the Agreement. In this event, all unpaid fees will be due and collectable at the time of termination.
3. Compensation and Payment.
A. Consultation Fee: Client will pay $250 for the initial consultation, due at the time of execution of this Agreement. The initial consultation will be limited to 3 hours and 2 round trips to the Client’s property provided that the property is within 50 miles of the Company’s place of business.
B. Additional consultation and coaching time will be billed at a rate of $150 per hour. Travel outside the Company’s 50 mile service radius will be billed at $1 per mile if by Company vehicle or actual cost plus 10% for common carrier and lodging, which shall include meals.
C. Right to cancel: The Client has the right to cancel this Agreement and receive a return of the initial consultation fee until midnight of the third (3rd) business day after the Effective Date. Client may cancel this agreement by mailing a written notice to the Company before midnight of the third business day. If notice of cancellation is sent after the deadline, the Company may, at its sole discretion, retain the initial consultation fee as liquidated damages.
The Services will commence upon the initial consultation and will continue until the project/ work is completed or this Agreement is terminated pursuant to its terms.
The Company shall not be restricted in offering its services to other individuals or businesses during the term of this Agreement.
Either party may terminate this Agreement at any time for convenience upon 30 days’ written notice to the other party. In the event the Agreement is terminated pursuant to this provision, all amounts due from the Client to Company through termination shall be immediately due and payable.
This Agreement shall inure to the benefit of, and binding upon, the successors and permitted assigns of the Parties. Neither party may assign its rights or obligations under this Agreement without the prior written consent of the other.
8. Ownership of Materials.
The Company shall retain the creative rights to all original materials, data and similar items, produced by the Company hereunder in connection with the Services under this agreement. All services and software used by the Company shall at all times be the sole property of the Company and under no circumstances shall Client have any interest in or rights to the title to such materials, or software. Client acknowledges that the Company may use and modify existing materials for Client’s benefit and that Client holds no rights to such materials. The Company shall retain all rights to copyrighted material, trademarks, patents, creative works, digital materials, and any and all other intellectual property. Nothing in this Agreement shall be construed as transferring any title, ownership, license, or other rights or interests in or to any of the Company’s intellectual property.
9. Independent Contractor; No Joint Venture.
The Company is an independent contractor under this Agreement. Neither the Company nor any of its personnel, agents, employees, or anyone affiliated with the Company shall be an employee of the Client or entitled to receive any benefits from the Client, except as set forth herein. Further, the Client shall not be required to make contributions to or on behalf of the Company for employment insurance, pension plans, workers’ compensation, or similar premiums, employer health tax, or any other similar levies on behalf of any of the Company’s personnel. Nothing herein shall be construed to establish any partnership, business enterprise, or joint venture between the Parties.
The parties acknowledge and agree that the Company’s role is limited to that of consultant and it is the Client’s ultimate responsibility to evaluate and decide whether and to what extent to implement the Company’s advice and any information provided by the Company. The Company does not guarantee or warrant specific outcomes and shall not be liable for any defects or insufficiencies of any nature in any work performed by third parties on Client’s behalf, including when implementing any plan, concept, or advice of the Company.
10. Default and Disputes.
In the event of a default in payment by the Client, the Company shall be entitled to recover its costs of seeking collection, including but not limited to actual and consequential damages, reasonable attorneys’ fees (including appellate attorneys’ fees), and all costs incurred. The parties understand and agree that the construction and interpretation of this Agreement is governed by the laws of the State of Pennsylvania. In the event that either party must initiate legal action to enforce this Agreement, the Parties agree that the proper venue for such action shall be the courts of the Commonwealth of Pennsylvania having jurisdiction over such action.
11. Entire Agreement.
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.
If any provision of this Agreement shall be held to be illegal, invalid or unenforceable, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement, the remaining provisions of this Agreement shall remain in full force and effect.
The headings used in this Agreement are for convenience only and shall not be used to limit or construe the contents of this Agreement.
Any notice to be made or given under this Agreement shall be given in writing and may be made by personal delivery or by electronic mail to the following recipient at the addresses below:
If to the Company:
Address: 5204 Faulk Dr., Export, PA 15632
If to the Client:
The Address and Email provided at purchase
Notice given by personal delivery shall be deemed to have been given on the day of delivery, and if given by mail or delivery service, on the third day following mailing or delivery of the notice to such delivery service.