This Consulting Services Agreement (the “Agreement”) is entered into and made effective by and between Nanny Counsel, LLC (“Agency”) and Client (“Client”).
FOR AND IN CONSIDERATION OF the mutual covenants, promises, agreements, representations, and warranties contained in this Agreement and for other good and valuable consideration private to the parties, the receipt and sufficiency of all of which is hereby acknowledged, the parties hereto agree as follows:
1. Scope of Work. Agency agrees to provide a consulting session(s) (“Session”) to Client. Each Session runs sixty (60) minutes in length and may be held either on the phone or via video chat.
2. Payment. The price for the first Session is at the special discounted rate of $123. The price for any following sessions is at the normal rate of $150. Payment shall be made at time of booking and before scheduled Session. Any Session that goes over sixty (60) minutes shall be billed in increments of one-tenth of an hour. NSF returned checks and/or credit/debit card chargebacks shall incur a $35 service fee. Any amounts owed that are unable to obtained shall bear interest at a rate of 10% per day. Any amounts owed that are not paid for up front shall result in cancellation of Session. Client agrees to pay reasonable attorney fees, plus court costs and expenses incurred in the collection of any unpaid amounts.
3. Warranty Disclaimer. Client acknowledges that the information Agency provides to Client during the Session is based upon Agency’s own knowledge and experience within the industry and cannot guarantee the outcome of certain results. Client acknowledges that Agency expressly disclaims all warranties, whether expressed or implied, including but not limited to warranties of fitness for a particular purpose or merchantability, all of which are hereby expressly disclaimed.
4. Termination. In order to obtain a full refund, Client may cancel or reschedule the Session no later than 48 hours before the scheduled session(s). Client agrees that Agency shall retain 100% of the scheduled session fee in the event that Client cancels or reschedules within less than 48 hours of the scheduled session. In the event of a less than 48 hour cancellation or reschedule, Client will receive a credit for the entire session fee and Client can use this credit rebook their session within 90 days. After 90 days, the credit expires.
5. Remedies; Limitation of Liability. Client agrees that Agency’s aggregate liability and Client’s sole remedy under this Agreement or otherwise (in tort, in equity, in contract, or at law) relating to the Session is strictly limited to monetary damages in an amount equal to the payments for said Session(s) that were actually paid by Client and received by Agency on account thereof. Client agrees and acknowledges that this limited monetary damage award is their sole and exclusive remedy. Any legal action against Agency must be commenced within 1 (one) year of accrual or shall be time-barred.
6. Miscellaneous. This Agreement shall be deemed to be made and entered into in Davidson County, Tennessee and shall be governed by and construed in accordance with the laws of the State of Tennessee. Any claims arising from this Agreement shall be brought only in a court of competent jurisdiction sitting in Davidson County, to which Client hereby consents to personal jurisdiction and venue. The Parties hereby waive the right to a trial by jury. This Agreement constitutes the entire agreement, and all prior representations, negotiations, or understandings between the parties are subsumed herein. If any provision of this Agreement is held invalid or unenforceable by any tribunal or court of competent jurisdiction, such invalidity shall not affect the validity or enforceability of the remaining provisions of this Agreement. This Agreement may be executed in counterparts, with each and all counterparts constituting one and the same Agreement, and the parties hereby stipulate that a photocopy (including facsimile, PDF or tif) shall constitute an original and shall have the same force and effect as an original for all intents and purposes.
By checking “I agree to the Terms of Service”, Client hereby acknowledges that they have carefully read this Terms of Service Agreement and that they intend to be bound by the terms herein.