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Terms and Conditions: OrgShakers CL!CK
Definitions
"Client" means the person or entity booking the online consultation;
"Consultant" means OrgShakers LLC located at 730 Third Avenue, 23rd Floor, New York, NY 10017, and its employees and subcontractors;
“Consultation Fee” means the payment made by the Client to receive Services;
and "Services" means the HR consultancy information and/or advice provided during the online consultation.
Services
The Consultant shall provide the Services to the Client in accordance with these Terms and Conditions.
The Consultant shall provide the Services in good faith and with reasonable care and skill.
Fees and Cancellations
The Client shall pay the Consultation Fee by debit or credit card prior to booking an online consultation.
Unless agreed to by the Consultant, this Consultation Fee is non-refundable to the Client if:
• The Client cancels the consultation.
• The Client, or an appointed representative of the Client, does not attend the online consultation at the time and date of the booking.
• The Client or appointed representative of the Client disagrees with, or decides not to act upon, the advice offered by the Consultant during the online consultation.
If the Consultant needs to cancel the consultation:
• The Client will be offered alternative times and dates for the consultation.
• The Client will be offered an alternative team member with comparable skills and experience with whom to consult.
• The Client will be offered a refund of their Consultation Fee.
Confidentiality
The Consultant shall not disclose any Confidential Information obtained during the online consultation. The foregoing shall not apply to information which (i) is or becomes part of the public domain without fault on the part of the Consultant; (ii) was already known by the Consultant, other than under an obligation of confidentiality, at the time of disclosure by the Client; (iii) is lawfully acquired by the Consultant from a third party on a non-confidential basis; or (iv) the Consultant is required to disclose pursuant to any law, lawful governmental, quasi-governmental or judicial order.
Except with the prior written permission of the Consultant, the Client shall not publish or otherwise make available the contents of proposals, reports, presentations, memos, or other communications by the Consultant, unless these have been provided with the intention of providing third parties with the information set out therein. Furthermore, the Client shall not disclose any of the Consultant’s methods and work strategies without the Consultant’s written permission.
Limitations and exclusions of liability
Nothing in these Terms and Conditions will:
• limit or exclude any liability for death or personal injury resulting from negligence;
• limit or exclude any liability for fraud or fraudulent misrepresentation;
• limit any liabilities in any way that is not permitted under applicable law; or
• exclude any liabilities that may not be excluded under applicable law.
The Consultant’s liability to the Client in respect of negligence or defective work is limited to direct losses, damages, costs, and expenses. The Consultant will not be liable for any loss of profit, business, contract, or savings, nor for any special, indirect, or consequential losses. Specifically:
• The Consultant shall not be liable to the Client in respect of any loss of profits or anticipated savings;
• The Consultant shall not be liable to the Client in respect of any loss of revenue or income;
• The Consultant shall not be liable to the Client in respect of any loss of use or production;
• The Consultant shall not be liable to the Client in respect of any loss of business, contracts or opportunities;
• The Consultant shall not be liable to the Client in respect of any loss or corruption of any data, database or software; and
• The Consultant shall not be liable to the Client in respect of any special, indirect or consequential loss or damage.
The Consultant’s liability to the Client in respect of any claim shall not exceed the aggregate amount of Consultation Fee paid by the Client in the twelve-month period immediately preceding the event giving rise to the claim.
Applicable law
OrgShakers LLC, is a Delaware limited liability company and, as such, these Terms and Conditions shall be governed by, and construed in accordance with, the laws of the State of Delaware, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Delaware.
"Client" means the person or entity booking the online consultation;
"Consultant" means OrgShakers LLC located at 730 Third Avenue, 23rd Floor, New York, NY 10017, and its employees and subcontractors;
“Consultation Fee” means the payment made by the Client to receive Services;
and "Services" means the HR consultancy information and/or advice provided during the online consultation.
Services
The Consultant shall provide the Services to the Client in accordance with these Terms and Conditions.
The Consultant shall provide the Services in good faith and with reasonable care and skill.
Fees and Cancellations
The Client shall pay the Consultation Fee by debit or credit card prior to booking an online consultation.
Unless agreed to by the Consultant, this Consultation Fee is non-refundable to the Client if:
• The Client cancels the consultation.
• The Client, or an appointed representative of the Client, does not attend the online consultation at the time and date of the booking.
• The Client or appointed representative of the Client disagrees with, or decides not to act upon, the advice offered by the Consultant during the online consultation.
If the Consultant needs to cancel the consultation:
• The Client will be offered alternative times and dates for the consultation.
• The Client will be offered an alternative team member with comparable skills and experience with whom to consult.
• The Client will be offered a refund of their Consultation Fee.
Confidentiality
The Consultant shall not disclose any Confidential Information obtained during the online consultation. The foregoing shall not apply to information which (i) is or becomes part of the public domain without fault on the part of the Consultant; (ii) was already known by the Consultant, other than under an obligation of confidentiality, at the time of disclosure by the Client; (iii) is lawfully acquired by the Consultant from a third party on a non-confidential basis; or (iv) the Consultant is required to disclose pursuant to any law, lawful governmental, quasi-governmental or judicial order.
Except with the prior written permission of the Consultant, the Client shall not publish or otherwise make available the contents of proposals, reports, presentations, memos, or other communications by the Consultant, unless these have been provided with the intention of providing third parties with the information set out therein. Furthermore, the Client shall not disclose any of the Consultant’s methods and work strategies without the Consultant’s written permission.
Limitations and exclusions of liability
Nothing in these Terms and Conditions will:
• limit or exclude any liability for death or personal injury resulting from negligence;
• limit or exclude any liability for fraud or fraudulent misrepresentation;
• limit any liabilities in any way that is not permitted under applicable law; or
• exclude any liabilities that may not be excluded under applicable law.
The Consultant’s liability to the Client in respect of negligence or defective work is limited to direct losses, damages, costs, and expenses. The Consultant will not be liable for any loss of profit, business, contract, or savings, nor for any special, indirect, or consequential losses. Specifically:
• The Consultant shall not be liable to the Client in respect of any loss of profits or anticipated savings;
• The Consultant shall not be liable to the Client in respect of any loss of revenue or income;
• The Consultant shall not be liable to the Client in respect of any loss of use or production;
• The Consultant shall not be liable to the Client in respect of any loss of business, contracts or opportunities;
• The Consultant shall not be liable to the Client in respect of any loss or corruption of any data, database or software; and
• The Consultant shall not be liable to the Client in respect of any special, indirect or consequential loss or damage.
The Consultant’s liability to the Client in respect of any claim shall not exceed the aggregate amount of Consultation Fee paid by the Client in the twelve-month period immediately preceding the event giving rise to the claim.
Applicable law
OrgShakers LLC, is a Delaware limited liability company and, as such, these Terms and Conditions shall be governed by, and construed in accordance with, the laws of the State of Delaware, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Delaware.