Client/Customer Agreement

By signing, clicking “I AGREE,” entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with services by Mithila Keshani Kurera, acting for and on behalf of Keshani Kurera (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions: 

 

1. Services

(a) Upon execution of this Agreement, electronically, verbally, or otherwise, the Company agrees to render services related to copywriting (the “Service”).

(b) The terms of this Agreement shall be binding for any further goods/services supplied by Company to Client.

 

2. Fees

(a) Client agrees to pay fees to the Company according to the payment schedule set forth on Company’s website, or otherwise provided to Client, and the payment plan selected by Client (the “Fee”).

 

3. Refunds

(a) Upon execution of this Agreement, Client agrees to pay to Company the full amount of the Fee. There are No Refunds. You are legally required to pay in full and/or complete all installments.

 

4. Chargebacks and Payment Security

(a) To the extent that Client provides Company with credit card(s) information for payment on Client’s account, Company shall be authorized to charge Client’s credit card(s) for any unpaid charges on the dates agreed.

(b) If Client uses a multiple-payment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Client shall not make any chargebacks to Company’s account or cancel the credit card that is provided as security without Company’s prior written consent.

(c) Client is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith.  Client shall not change any of the credit card information provided to Company without notifying Company in advance.

  

5. Disclaimer of Guarantee

(a) Client accepts and agrees that she/he is entirely and solely responsible for her/his results from the Service provided.

(b) Client accepts and agrees that the Company cannot control the Client’s responses to the provision of the services under this Agreement.

(c) Company makes no representations or guarantees whatsoever regarding performance of this Agreement other than those specifically stated herein.

(d) Company and its affiliates disclaim, as far as is permitted by law, the implied warranties of titles, merchantability, and fitness for a particular purpose.

(e) Company makes no guarantee or warranty that the Service will meet Client’s requirements or that all clients will achieve the same or similar results.

 

6. Termination

(a) In the event that Client no longer requires copywriting services, Client must notify the Company 3 business days before the next billing cycle, by way of email to [email protected], in order to allow sufficient time to cancel the following payment.

 

7. Confidentiality

(a) The term “Confidential Information” shall mean information which is not generally known to the public relating to the Client’s business or personal affairs.

(b) Company agrees not to disclose, reveal or make use of any Confidential Information of Client, during discussion with Client, or otherwise, without the written consent of Client.

(c) Company shall keep the Confidential Information of the Client in strictest confidence and shall use its best efforts to safeguard the Client’s Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. 

 

8. Disputes

(a) In the event that a dispute arises between the Parties then the Parties agree and accept that they will negotiate in good faith to settle such dispute. If, after a reasonable period of negotiation, the dispute is not settled then either party may commence further action in the venue stated below.

(b) In the event of a dispute between the Parties, the parties agree that they neither will engage in any conduct or communications, public or private, designed to disparage the other.

 

9. Indemnification

(a) Client shall defend, indemnify, and hold harmless Company, Company’s shareholders, trustees, affiliates, employees, subcontractors and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorney’s fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the service(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates, employees, subcontractors and successors.

(b) Client shall defend Company in any legal actions or the like arising from or related to this Agreement where such action brought by a third party for or on behalf of Client.

(c) Client recognizes and agrees that all of the Company’s shareholders, trustees, affiliates, employees, subcontractors and successors shall not be held personally, individually or collectively, responsible or liable for any actions or representations of the Company.

 

10. Controlling Agreement

In the event of any conflict between the provisions contained in this Agreement and any materials used by Company, Company’s representatives, or employees, the provisions of this Agreement shall prevail.

 

11. Entire Agreement

(a) This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written.

(b) This Agreement may be modified only by an instrument in writing duly executed by both parties.

 

12. Survival

The ownership, non-circumvention, dispute resolution, proprietary rights, and confidentiality provisions, and any provisions relating to payment of sums owed set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination, for any reason, of this Agreement.

 

13. Severability

If any of the provisions contained in this Agreement, or any part of them, is hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of such provision or any other provision contained herein, which shall be given full effect regardless of the invalid provision or part thereof.

 

14. Other Terms

(a) Upon execution by clicking “I agree,” the Parties agree that any individual, associate, and/or assign shall be bound by the terms of this Agreement. (b) A facsimile, electronic, or e-mailed executed copy of this Agreement, with a written or electronic signature, shall constitute a legal and binding instrument with the same effect as an originally signed copy.