Terms and Conditions
NOTE ON FIRST-DRAFT TURNAROUND
IMPORTANT: The turnaround time to the first draft of your resume, as noted in our terms and conditions, is 3 weeks after your strategic interview. The “clock starts ticking” the business day after your strategic interview. You are eligible to schedule your strategic interview *after* you pay one of the following:
If you need your first draft sooner than 3 weeks after your strategic interview, let me know so I can adjust this invoice to include rush fees (double the package fee; for example, a $900 package would be $1,800.00 with rush fees).
1. ENGAGEMENT OF SERVICES. Client hereby engages and retains Contractor to provide certain services, and Contractor agrees to render such services to Client, from time to time as mutually agreed to by Client and Contractor (the “Services”) and that are described in one or more projects which include specific Deliverables, Descriptions, Timelines, and Fees.
2. PAYMENT TERMS. Terms on invoices (i.e., full project amount) are “due upon receipt.” This is industry standard.
Installment plans are also available. If you choose one of the installment plans available through our payment gateways (for instance, PayPal’s Pay in 4), you understand and agree that you will honor their requirements.
If you choose an installment plan offered internally by Kelley Resumes and Wordsmithing, you explicitly agree to the following:
4. GUARANTEE. We guarantee your resume, LinkedIn profile, cover letter, and coaching will meet current resume best practices. We cannot, however, guarantee that our services will get you a job (or an interview) because we can't control the job market or interview process.
5. ENGAGEMENT AND RESPONSIVENESS POLICY.
The Client agrees that they will follow Melissa’s professional instruction and guidance. Furthermore, the Client agrees that while Melissa provides available tools, ideas, advice, and commercially available data, Melissa is not responsible for changing market or economic conditions, job posting changes, Client’s lack of aggressiveness, the amount of time the Client allocates to the campaign, Client’s attitude, or their willingness or thoroughness in implementing their career documents, coaching, or related action plan. The Client agrees that time is of the essence and that their full participation and cooperation is required to complete all project-related work successfully. When Client uploads a file to the portal, it is not considered received until Client texts Melissa at 720-515-9853 to confirm delivery.
Client must schedule an editing session within 1 week after Client receives their first drafts (and upload their requested changes at least 24 hours before the meeting) unless Client has requested--in writing--and Melissa Kelley CPRW has granted an extension. After the date Client's initial feedback is due: if no extensions have been granted, if Client has not provided feedback, and if Client has not been responsive to Melissa's outreach, then Client's first draft will be considered the final draft, all revisions will be forfeited, and Melissa will write the remaining documents in Client's portfolio/send them as finals.
6. FEEDBACK/SECOND OPINIONS ON DRAFTS
Your new documents are crafted to all current resume writing best practices. Because friends, relatives, coworkers, managers, HR professionals, recruiters, etc. are not necessarily versed in these, only second opinions from resume writers with at least one active professional resume writing credential (such as the CPRW) will be considered authoritative.
If you do obtain second opinions and feedback from other sources that does not align to resume writing best practices and want Melissa to apply it, you will be required to sign a Waiver of Responsibility form before Melissa will agree to incorporate the feedback into your resume.
7. TECHNOLOGICAL REQUIREMENTS
Your new documents are created in Word. Therefore, you must have access to Microsoft Word to properly view and edit them, at least during the course of your project with Kelley Resumes and Wordsmithing. Alternative programs like Google Docs, Open Office, and Pages do not correctly represent the formatting of Word documents and, even worse, can render your new resume incompatible with applicant tracking systems (ATS), which ultimately hurts your candidacy for new jobs. Finally, employers use Microsoft Word; therefore, you must send them documents that were created in, and are edited in, Word.
You can use Microsoft’s cloud-based solutions for free, but you need to open a free Microsoft account. https://www.howtogeek.com/351601/how-to-create-edit-and-view-microsoft-word-documents-for-free/ provides good information.
Another site to review is https://www.pcmag.com/g00/news/354975/how-to-use-microsofts-free-office-online-software?i10c.encReferrer=&i10c.ua=1&i10c.dv=23.
Another alternative is to purchase Office 365 Home for PC/Mac for $9.99 a month or $99.99 for a year. You can take the monthly membership for a few months then cancel it after you land a job. $9.99 a month is less than two Starbucks’ coffees. See https://products.office.com/en-US/compare-all-microsoft-office-products-b?t&tab=1 to enroll.
8. OWNERSHIP OF WORK PRODUCT. Client is and will be the owner of all interests in the product of all work performed under this Agreement (the “Work Product”). Contractor hereby irrevocably sells, transfers and assigns to Client all right, title and interest that Contractor has or will have in and to the Work Product, and Contractor acknowledges that Client owns and will own all such existing and future right, title and interest in and to the Work Product. Notwithstanding the foregoing, Contractor shall be entitled to display Work Product in their portfolio, on their website, or for any other business marketing purposes.
9. INTELLECTUAL PROPERTY. Neither the Client nor Contractor shall acquire any right, title or interest in any intellectual property owned, licensed or controlled by the other party as of the Effective Date.
10. CONFIDENTIAL INFORMATION. Contractor shall not disclose any of the Client’s confidential information to anyone other than its affiliates, employees, contractors or authorized representatives who have a need to know the information in connection with Contractor’s rendering of the Services. Contractor shall exercise the same degree of care to prevent disclosure of any Confidential Information as it takes to preserve and safeguard its own confidential information but, in any event, no less than a reasonable degree of care.
11. INDEPENDENT CONTRACTOR RELATIONSHIP. Contractor’s relationship with Client is that of an independent contractor, and nothing in this Agreement is intended to, or should be construed to, create a partnership, agency, joint venture or employment relationship. No part of Contractor’s compensation will be subject to withholding by Client for the payment of any social security, federal, state or any other employee payroll taxes. Client will regularly report amounts paid to Contractor by filing Form 1099 with the Internal Revenue Service as required by law. CONTRACTOR IS ACTING AS AN INDEPENDENT CONTRACTOR TO CLIENT; CONTRACTOR IS NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS, WORKERS’ COMPENSATION BENEFITS, PENSION, BONUS OR OTHER FRINGE BENEFITS FROM CLIENT. CONTRACTOR WILL PAY ALL NATIONAL, FEDERAL AND STATE INCOME TAX, SOCIAL SECURITY TAX AND OTHER AMOUNTS DUE UNDER APPLICABLE PAYROLL AND SIMILAR LAWS WITH RESPECT TO ALL AMOUNTS PAID IN CONNECTION WITH THIS AGREEMENT.
12. SHIPPING POLICY. Melissa Kelley CPRW will send all order-related documents and correspondence to you from your client portal. The home page of your portal explains how this will work.
13. ADDITIONAL PROVISIONS. Kelley Resumes & Wordsmithing can make no promise or guarantee of specific outcomes or results. The client maintains full responsibility for their job search and career.
14. DOCUMENT INTEGRITY. Kelley Resumes & Wordsmithing is not responsible for errors in information or false information provided by Client or for errors discovered after Client has proofread his/her documents and completed their project.
15. LIMITATION OF LIABILITY. IN NO EVENT WILL EITHER PARTY BE LIABLE FOR DIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY PROJECT IN EXCESS OF THE TOTAL FEES PAID TO CONTRACTOR UNDER THE PROJECT GIVING RISE TO SUCH LIABILITY. IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST WAGES, PROFITS, OR REVENUE) EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16. GOVERNING LAW. This Agreement will be governed in all respects by the laws of US as well as the laws of the state of Colorado, excluding conflicts of law principles.
17. SEVERABILITY. Should any provisions of this Agreement be held by a court of law to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining provisions of this Agreement will not be affected or impaired thereby.
18. ASSIGNMENT. Neither party shall assign or transfer this Agreement, or any rights or portion thereof, to any related or unrelated third party without the other party’s consent.
19. ENTIRE AGREEMENT. This Agreement and all outstanding projects constitute the entire agreement between the parties relating to this subject matter and supersede all prior or contemporaneous oral or written agreements concerning such subject matter. The terms of this Agreement and all outstanding projects will govern all Services undertaken by Contractor for Client. This Agreement and any project may only be changed by mutual agreement of authorized representatives of the parties in writing.
IMPORTANT: The turnaround time to the first draft of your resume, as noted in our terms and conditions, is 3 weeks after your strategic interview. The “clock starts ticking” the business day after your strategic interview. You are eligible to schedule your strategic interview *after* you pay one of the following:
- Phone down payment
- Invoice (full quotation amount)
- First installment plan payment
If you need your first draft sooner than 3 weeks after your strategic interview, let me know so I can adjust this invoice to include rush fees (double the package fee; for example, a $900 package would be $1,800.00 with rush fees).
1. ENGAGEMENT OF SERVICES. Client hereby engages and retains Contractor to provide certain services, and Contractor agrees to render such services to Client, from time to time as mutually agreed to by Client and Contractor (the “Services”) and that are described in one or more projects which include specific Deliverables, Descriptions, Timelines, and Fees.
2. PAYMENT TERMS. Terms on invoices (i.e., full project amount) are “due upon receipt.” This is industry standard.
Installment plans are also available. If you choose one of the installment plans available through our payment gateways (for instance, PayPal’s Pay in 4), you understand and agree that you will honor their requirements.
If you choose an installment plan offered internally by Kelley Resumes and Wordsmithing, you explicitly agree to the following:
- You understand (and confirm) that you are responsible for the full amount of the services in which you have invested and, therefore, will make all payments in a timely manner.
- You also understand (and agree) that you may not cancel your plan early because you have agreed to the conditions stipulated in the previous bullet.
- Finally, you understand that, should you cancel your plan early regardless, you’ll receive an invoice for the full balance outstanding and you commit to paying this invoice within 24 hours of receipt.
4. GUARANTEE. We guarantee your resume, LinkedIn profile, cover letter, and coaching will meet current resume best practices. We cannot, however, guarantee that our services will get you a job (or an interview) because we can't control the job market or interview process.
5. ENGAGEMENT AND RESPONSIVENESS POLICY.
The Client agrees that they will follow Melissa’s professional instruction and guidance. Furthermore, the Client agrees that while Melissa provides available tools, ideas, advice, and commercially available data, Melissa is not responsible for changing market or economic conditions, job posting changes, Client’s lack of aggressiveness, the amount of time the Client allocates to the campaign, Client’s attitude, or their willingness or thoroughness in implementing their career documents, coaching, or related action plan. The Client agrees that time is of the essence and that their full participation and cooperation is required to complete all project-related work successfully. When Client uploads a file to the portal, it is not considered received until Client texts Melissa at 720-515-9853 to confirm delivery.
Client must schedule an editing session within 1 week after Client receives their first drafts (and upload their requested changes at least 24 hours before the meeting) unless Client has requested--in writing--and Melissa Kelley CPRW has granted an extension. After the date Client's initial feedback is due: if no extensions have been granted, if Client has not provided feedback, and if Client has not been responsive to Melissa's outreach, then Client's first draft will be considered the final draft, all revisions will be forfeited, and Melissa will write the remaining documents in Client's portfolio/send them as finals.
6. FEEDBACK/SECOND OPINIONS ON DRAFTS
Your new documents are crafted to all current resume writing best practices. Because friends, relatives, coworkers, managers, HR professionals, recruiters, etc. are not necessarily versed in these, only second opinions from resume writers with at least one active professional resume writing credential (such as the CPRW) will be considered authoritative.
If you do obtain second opinions and feedback from other sources that does not align to resume writing best practices and want Melissa to apply it, you will be required to sign a Waiver of Responsibility form before Melissa will agree to incorporate the feedback into your resume.
7. TECHNOLOGICAL REQUIREMENTS
Your new documents are created in Word. Therefore, you must have access to Microsoft Word to properly view and edit them, at least during the course of your project with Kelley Resumes and Wordsmithing. Alternative programs like Google Docs, Open Office, and Pages do not correctly represent the formatting of Word documents and, even worse, can render your new resume incompatible with applicant tracking systems (ATS), which ultimately hurts your candidacy for new jobs. Finally, employers use Microsoft Word; therefore, you must send them documents that were created in, and are edited in, Word.
You can use Microsoft’s cloud-based solutions for free, but you need to open a free Microsoft account. https://www.howtogeek.com/351601/how-to-create-edit-and-view-microsoft-word-documents-for-free/ provides good information.
Another site to review is https://www.pcmag.com/g00/news/354975/how-to-use-microsofts-free-office-online-software?i10c.encReferrer=&i10c.ua=1&i10c.dv=23.
Another alternative is to purchase Office 365 Home for PC/Mac for $9.99 a month or $99.99 for a year. You can take the monthly membership for a few months then cancel it after you land a job. $9.99 a month is less than two Starbucks’ coffees. See https://products.office.com/en-US/compare-all-microsoft-office-products-b?t&tab=1 to enroll.
8. OWNERSHIP OF WORK PRODUCT. Client is and will be the owner of all interests in the product of all work performed under this Agreement (the “Work Product”). Contractor hereby irrevocably sells, transfers and assigns to Client all right, title and interest that Contractor has or will have in and to the Work Product, and Contractor acknowledges that Client owns and will own all such existing and future right, title and interest in and to the Work Product. Notwithstanding the foregoing, Contractor shall be entitled to display Work Product in their portfolio, on their website, or for any other business marketing purposes.
9. INTELLECTUAL PROPERTY. Neither the Client nor Contractor shall acquire any right, title or interest in any intellectual property owned, licensed or controlled by the other party as of the Effective Date.
10. CONFIDENTIAL INFORMATION. Contractor shall not disclose any of the Client’s confidential information to anyone other than its affiliates, employees, contractors or authorized representatives who have a need to know the information in connection with Contractor’s rendering of the Services. Contractor shall exercise the same degree of care to prevent disclosure of any Confidential Information as it takes to preserve and safeguard its own confidential information but, in any event, no less than a reasonable degree of care.
11. INDEPENDENT CONTRACTOR RELATIONSHIP. Contractor’s relationship with Client is that of an independent contractor, and nothing in this Agreement is intended to, or should be construed to, create a partnership, agency, joint venture or employment relationship. No part of Contractor’s compensation will be subject to withholding by Client for the payment of any social security, federal, state or any other employee payroll taxes. Client will regularly report amounts paid to Contractor by filing Form 1099 with the Internal Revenue Service as required by law. CONTRACTOR IS ACTING AS AN INDEPENDENT CONTRACTOR TO CLIENT; CONTRACTOR IS NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS, WORKERS’ COMPENSATION BENEFITS, PENSION, BONUS OR OTHER FRINGE BENEFITS FROM CLIENT. CONTRACTOR WILL PAY ALL NATIONAL, FEDERAL AND STATE INCOME TAX, SOCIAL SECURITY TAX AND OTHER AMOUNTS DUE UNDER APPLICABLE PAYROLL AND SIMILAR LAWS WITH RESPECT TO ALL AMOUNTS PAID IN CONNECTION WITH THIS AGREEMENT.
12. SHIPPING POLICY. Melissa Kelley CPRW will send all order-related documents and correspondence to you from your client portal. The home page of your portal explains how this will work.
13. ADDITIONAL PROVISIONS. Kelley Resumes & Wordsmithing can make no promise or guarantee of specific outcomes or results. The client maintains full responsibility for their job search and career.
14. DOCUMENT INTEGRITY. Kelley Resumes & Wordsmithing is not responsible for errors in information or false information provided by Client or for errors discovered after Client has proofread his/her documents and completed their project.
15. LIMITATION OF LIABILITY. IN NO EVENT WILL EITHER PARTY BE LIABLE FOR DIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY PROJECT IN EXCESS OF THE TOTAL FEES PAID TO CONTRACTOR UNDER THE PROJECT GIVING RISE TO SUCH LIABILITY. IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST WAGES, PROFITS, OR REVENUE) EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16. GOVERNING LAW. This Agreement will be governed in all respects by the laws of US as well as the laws of the state of Colorado, excluding conflicts of law principles.
17. SEVERABILITY. Should any provisions of this Agreement be held by a court of law to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining provisions of this Agreement will not be affected or impaired thereby.
18. ASSIGNMENT. Neither party shall assign or transfer this Agreement, or any rights or portion thereof, to any related or unrelated third party without the other party’s consent.
19. ENTIRE AGREEMENT. This Agreement and all outstanding projects constitute the entire agreement between the parties relating to this subject matter and supersede all prior or contemporaneous oral or written agreements concerning such subject matter. The terms of this Agreement and all outstanding projects will govern all Services undertaken by Contractor for Client. This Agreement and any project may only be changed by mutual agreement of authorized representatives of the parties in writing.