Terms, Conditions, and Privacy
Privacy POLICY
Colorado Springs Over 50 PRIVACY POLICY
Colorado Springs Over 50 (the “Company”) is committed to protecting the privacy of its users. This Privacy Policy (“Privacy Policy”) is designed to help you understand what information we gather, how we use it, what we do to protect it, and to assist you in making informed decisions when using our Service. Unless otherwise indicated below, this Privacy Policy applies to any website that references this Privacy Policy, any Company website, as well as any data the Company may collect across partnered and unaffiliated sites.
For purposes of this Agreement, “Service” refers to the Company’s service which can be accessed via our website at https://www.coloradospringsover50.com or through our mobile application. The terms “we,” “us,” and “our” refer to the Company. “You” refers to you, as a user of Service.
I. CONSENT
By accessing our Service, you accept our Privacy Policy and Terms of Use, and you consent to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy. In addition, by using our Service, or services across partnered and unaffiliated sites, you are accepting the policies and practices described in this Privacy Policy. Each time you visit our website, or use the Service, and any time you voluntarily provide us with information, you agree that you are consenting to our collection, use and disclosure of the information that you provide, and you are consenting to receive emails or otherwise be contacted, as described in this Privacy Policy. Whether or not you register or create any kind of account with us, this Privacy Policy applies to all users of the website and the Service.
II. INFORMATION WE COLLECT
We may collect both “Non-Personal Information” and “Personal Information” about you. “Non-Personal Information” includes information that cannot be used to personally identify you, such as anonymous usage data, general demographic information we may collect, referring/exit pages and URLs, platform types, preferences you submit and preferences that are generated based on the data you submit and number of clicks. “Personal Information” includes information that can be used to personally identify you, such as your name, address and email address.
In addition, we may also track information provided to us by your browser or by our mobile application when you view or use the Service, such as the website you came from (known as the “referring URL”), the type of browser you use, the device from which you connected to the Service, the time and date of access, and other information that does not personally identify you. We use this information for, among other things, the operation of the Service, to maintain the quality of the Service, to provide general statistics regarding use of the Service and for other business purposes. We track this information using cookies, or small text files which include an anonymous unique identifier. Cookies are sent to a user’s browser from our servers and are stored on the user’s computer hard drive. Sending a cookie to a user’s browser enables us to collect Non-Personal Information about that user and keep a record of the user’s preferences when utilizing our services, both on an individual and aggregate basis. The Company may use both persistent and session cookies; persistent cookies remain on your computer after you close your session and until you delete them, while session cookies expire when you close your browser. Persistent cookies can be removed by following your Internet browser help file directions. If you choose to disable cookies, some areas of the Service may not work properly.
III. HOW WE USE AND SHARE INFORMATION
Personal Information:
In general, we do not sell, trade, rent or otherwise share your Personal Information with third parties without your consent. We may share your Personal Information with vendors and other third-party providers who are performing services for the Company. In general, the vendors and third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide for the Company. For example, when you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery, or return a purchase, you consent to our collecting and using such personal information for that specific purpose, including by transmitting such information to our vendors (and their service providers) performing these services for the Company.
However, certain third-party service providers, such as payment processors, have their own privacy policies in respect of the information that we are required to provide to them in order to use their services. For these third-party service providers, we recommend that you read their privacy policies so that you can understand the manner in which your Personal Information will be handled by such providers.
In addition, we may disclose your Personal Information if required to do so by law or if you violate our Terms of Use.
Non-Personal Information:
In general, we use Non-Personal Information to help us improve the Service and customize the user experience. We also aggregate Non-Personal Information in order to track trends and analyze use patterns of the Service. This Privacy Policy does not limit in any way our use or disclosure of Non-Personal Information and we reserve the right to use and disclose such Non-Personal Information to our partners, advertisers and other third parties at our sole discretion.
IV. HOW WE PROTECT INFORMATION
We implement reasonable precautions and follow industry best practices in order to protect your Personal Information and ensure that such Personal Information is not accessed, disclosed, altered or destroyed. However, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such precautions. By using our Service, you acknowledge that you understand and agree to assume these risks.
V. YOUR RIGHTS REGARDING THE USE OF YOUR PERSONAL INFORMATION
You have the right at any time to prevent us from contacting you for marketing purposes. When we send a promotional communication to a user via Weebly, the user can opt out of further promotional communications by following the unsubscribe instructions provided in each promotional e-mail. Please note that notwithstanding the promotional preferences you indicate by either unsubscribing or opting out in the Settings section of the Site, we may continue to send you administrative emails including, for example, periodic updates to our Privacy Policy.
VI. WEEBLY
Our Service is hosted by Weebly, Inc. (“Weebly”). Weebly provides us with the online e-commerce platform that allows us to provide the Service to you. Your information, including Personal Information, may be stored through Weebly’s servers. By using the Service, you consent to Weebly’s collection, disclosure, storage, and use of your Personal Information in accordance with Weebly’s privacy policy available at https://www.weebly.com/privacy.
VII. LINKS TO OTHER WEBSITES
As part of the Service, we may provide links to or compatibility with other websites or applications. However, we are not responsible for the privacy practices employed by those websites or the information or content they contain. This Privacy Policy applies solely to information collected by us through the Service. Therefore, this Privacy Policy does not apply to your use of a third-party website accessed by selecting a link via our Service. To the extent that you access or use the Service through or on another website or application, then the privacy policy of that other website or application will apply to your access or use of that site or application. We encourage our users to read the privacy statements of other websites before proceeding to use them.
VIII. AGE OF CONSENT
By using the Service, you represent that you are at least 18 years of age.
IX. CHANGES TO OUR PRIVACY POLICY
The Company reserves the right to change this Privacy Policy and our Terms of Use at any time. If we decide to change this Privacy Policy, we will post these changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it. Any such modifications become effective upon your continued access to and/or use of the Service five (5) days after we first post the changes on the website or otherwise provide you with notice of such modifications. It is your sole responsibility to check this website from time to time to view any such changes to the terms of this Privacy Policy. If you do not agree to any changes, if and when such changes may be made to this Privacy Policy, you must cease access to this website. If you have provided your email address to us, you give us permission to email you for the purpose of notification as described in this Privacy Policy.
X. MERGER OR ACQUISITION
In the event we (or Weebly) undergo a business transaction such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information may be among the assets transferred. You acknowledge and consent that such transfers may occur and are permitted by this Privacy Policy, and that any acquirer of our (or Weebly’s) assets may continue to process your Personal Information as set forth in this Privacy Policy. If our information practices change at any time in the future, we will post the policy changes here so that you may opt out of the new information practices. We suggest that you check this Privacy Policy periodically if you are concerned about how your information is used.
XI. EMAIL COMMUNICATIONS & OPTING OUT
We will send you Service-related announcements on occasions when it is necessary to do so. For instance, if our Service is temporarily suspended for maintenance, or a new enhancement is released, which will affect the way you use our Service, we might send you an email. Generally, you may not opt-out of these communications, which are not promotional in nature. Based upon the Personal Information that you provide us, we may communicate with you in response to your inquiries to provide the services you request and to manage your account. We will communicate with you by email or telephone, in accordance with your wishes. We may also use your Personal Information to send you updates and other promotional communications. If you no longer wish to receive those email updates, you may opt-out of receiving them by following the instructions included in each update or communication.
XII. CONTACT US & WITHDRAWING CONSENT
If you have any questions regarding this Privacy Policy or the practices of this Site, or wish to withdraw your consent for the continued collection, use or disclosure of your Personal Information, please contact us by sending an email to coloradospringsover50@gmail.com.
Last Updated: This Privacy Policy was last updated on Mon Aug. 26th 2019.
Colorado Springs Over 50 (the “Company”) is committed to protecting the privacy of its users. This Privacy Policy (“Privacy Policy”) is designed to help you understand what information we gather, how we use it, what we do to protect it, and to assist you in making informed decisions when using our Service. Unless otherwise indicated below, this Privacy Policy applies to any website that references this Privacy Policy, any Company website, as well as any data the Company may collect across partnered and unaffiliated sites.
For purposes of this Agreement, “Service” refers to the Company’s service which can be accessed via our website at https://www.coloradospringsover50.com or through our mobile application. The terms “we,” “us,” and “our” refer to the Company. “You” refers to you, as a user of Service.
I. CONSENT
By accessing our Service, you accept our Privacy Policy and Terms of Use, and you consent to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy. In addition, by using our Service, or services across partnered and unaffiliated sites, you are accepting the policies and practices described in this Privacy Policy. Each time you visit our website, or use the Service, and any time you voluntarily provide us with information, you agree that you are consenting to our collection, use and disclosure of the information that you provide, and you are consenting to receive emails or otherwise be contacted, as described in this Privacy Policy. Whether or not you register or create any kind of account with us, this Privacy Policy applies to all users of the website and the Service.
II. INFORMATION WE COLLECT
We may collect both “Non-Personal Information” and “Personal Information” about you. “Non-Personal Information” includes information that cannot be used to personally identify you, such as anonymous usage data, general demographic information we may collect, referring/exit pages and URLs, platform types, preferences you submit and preferences that are generated based on the data you submit and number of clicks. “Personal Information” includes information that can be used to personally identify you, such as your name, address and email address.
In addition, we may also track information provided to us by your browser or by our mobile application when you view or use the Service, such as the website you came from (known as the “referring URL”), the type of browser you use, the device from which you connected to the Service, the time and date of access, and other information that does not personally identify you. We use this information for, among other things, the operation of the Service, to maintain the quality of the Service, to provide general statistics regarding use of the Service and for other business purposes. We track this information using cookies, or small text files which include an anonymous unique identifier. Cookies are sent to a user’s browser from our servers and are stored on the user’s computer hard drive. Sending a cookie to a user’s browser enables us to collect Non-Personal Information about that user and keep a record of the user’s preferences when utilizing our services, both on an individual and aggregate basis. The Company may use both persistent and session cookies; persistent cookies remain on your computer after you close your session and until you delete them, while session cookies expire when you close your browser. Persistent cookies can be removed by following your Internet browser help file directions. If you choose to disable cookies, some areas of the Service may not work properly.
III. HOW WE USE AND SHARE INFORMATION
Personal Information:
In general, we do not sell, trade, rent or otherwise share your Personal Information with third parties without your consent. We may share your Personal Information with vendors and other third-party providers who are performing services for the Company. In general, the vendors and third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide for the Company. For example, when you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery, or return a purchase, you consent to our collecting and using such personal information for that specific purpose, including by transmitting such information to our vendors (and their service providers) performing these services for the Company.
However, certain third-party service providers, such as payment processors, have their own privacy policies in respect of the information that we are required to provide to them in order to use their services. For these third-party service providers, we recommend that you read their privacy policies so that you can understand the manner in which your Personal Information will be handled by such providers.
In addition, we may disclose your Personal Information if required to do so by law or if you violate our Terms of Use.
Non-Personal Information:
In general, we use Non-Personal Information to help us improve the Service and customize the user experience. We also aggregate Non-Personal Information in order to track trends and analyze use patterns of the Service. This Privacy Policy does not limit in any way our use or disclosure of Non-Personal Information and we reserve the right to use and disclose such Non-Personal Information to our partners, advertisers and other third parties at our sole discretion.
IV. HOW WE PROTECT INFORMATION
We implement reasonable precautions and follow industry best practices in order to protect your Personal Information and ensure that such Personal Information is not accessed, disclosed, altered or destroyed. However, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such precautions. By using our Service, you acknowledge that you understand and agree to assume these risks.
V. YOUR RIGHTS REGARDING THE USE OF YOUR PERSONAL INFORMATION
You have the right at any time to prevent us from contacting you for marketing purposes. When we send a promotional communication to a user via Weebly, the user can opt out of further promotional communications by following the unsubscribe instructions provided in each promotional e-mail. Please note that notwithstanding the promotional preferences you indicate by either unsubscribing or opting out in the Settings section of the Site, we may continue to send you administrative emails including, for example, periodic updates to our Privacy Policy.
VI. WEEBLY
Our Service is hosted by Weebly, Inc. (“Weebly”). Weebly provides us with the online e-commerce platform that allows us to provide the Service to you. Your information, including Personal Information, may be stored through Weebly’s servers. By using the Service, you consent to Weebly’s collection, disclosure, storage, and use of your Personal Information in accordance with Weebly’s privacy policy available at https://www.weebly.com/privacy.
VII. LINKS TO OTHER WEBSITES
As part of the Service, we may provide links to or compatibility with other websites or applications. However, we are not responsible for the privacy practices employed by those websites or the information or content they contain. This Privacy Policy applies solely to information collected by us through the Service. Therefore, this Privacy Policy does not apply to your use of a third-party website accessed by selecting a link via our Service. To the extent that you access or use the Service through or on another website or application, then the privacy policy of that other website or application will apply to your access or use of that site or application. We encourage our users to read the privacy statements of other websites before proceeding to use them.
VIII. AGE OF CONSENT
By using the Service, you represent that you are at least 18 years of age.
IX. CHANGES TO OUR PRIVACY POLICY
The Company reserves the right to change this Privacy Policy and our Terms of Use at any time. If we decide to change this Privacy Policy, we will post these changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it. Any such modifications become effective upon your continued access to and/or use of the Service five (5) days after we first post the changes on the website or otherwise provide you with notice of such modifications. It is your sole responsibility to check this website from time to time to view any such changes to the terms of this Privacy Policy. If you do not agree to any changes, if and when such changes may be made to this Privacy Policy, you must cease access to this website. If you have provided your email address to us, you give us permission to email you for the purpose of notification as described in this Privacy Policy.
X. MERGER OR ACQUISITION
In the event we (or Weebly) undergo a business transaction such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information may be among the assets transferred. You acknowledge and consent that such transfers may occur and are permitted by this Privacy Policy, and that any acquirer of our (or Weebly’s) assets may continue to process your Personal Information as set forth in this Privacy Policy. If our information practices change at any time in the future, we will post the policy changes here so that you may opt out of the new information practices. We suggest that you check this Privacy Policy periodically if you are concerned about how your information is used.
XI. EMAIL COMMUNICATIONS & OPTING OUT
We will send you Service-related announcements on occasions when it is necessary to do so. For instance, if our Service is temporarily suspended for maintenance, or a new enhancement is released, which will affect the way you use our Service, we might send you an email. Generally, you may not opt-out of these communications, which are not promotional in nature. Based upon the Personal Information that you provide us, we may communicate with you in response to your inquiries to provide the services you request and to manage your account. We will communicate with you by email or telephone, in accordance with your wishes. We may also use your Personal Information to send you updates and other promotional communications. If you no longer wish to receive those email updates, you may opt-out of receiving them by following the instructions included in each update or communication.
XII. CONTACT US & WITHDRAWING CONSENT
If you have any questions regarding this Privacy Policy or the practices of this Site, or wish to withdraw your consent for the continued collection, use or disclosure of your Personal Information, please contact us by sending an email to coloradospringsover50@gmail.com.
Last Updated: This Privacy Policy was last updated on Mon Aug. 26th 2019.
Refund Policy
Thanks for subscribing to our business services at L&N Enterprises and with Coloradospringsover50.com, and/or our other affiliated websites. We do offer a refund on all purchases made on our website. If you are not satisfied with the product that you have purchased from us, you can get your money back within 30 days of purchase, no questions asked. You are eligible for a full reimbursement within 30 calendar days of your purchase. After the 30-day period, you will no longer be eligible and won't be able to receive a refund. We encourage our customers to try the service in the first two weeks after their purchase to ensure it fits your needs. Partial refund may be given in some instances within the terms and conditions outlined below.
If you have any additional questions or would like to request a refund, feel free to contact us.
Last Updated: This Refund Policy was last updated on Mon Aug. 26th 2019.
If you have any additional questions or would like to request a refund, feel free to contact us.
Last Updated: This Refund Policy was last updated on Mon Aug. 26th 2019.
Terms and Conditions
This Service Agreement (the “Agreement”) is made and entered into on the day of payment, in full or partial, for services is received, on date of initial invoice by and between you, the business owner, or representative and your said organization as listed within this agreement, with its principal place of business located at the address given to L&N Enterprises (the “Company”) and L&N Enterprises with its principal place of business located at 6050 Stetson Hills Blvd. #176. Colorado Springs, CO. 80923 (the “Consultant”) (hereinafter referred to individually as a “Party” and collectively as “the Parties”).
WHEREAS, the Company is having identified its business services, goods, and classification with the consultant already at an earlier time and date (ie. Security service, restaurant, retail shoe sales, and so on.)
WHEREAS, the Consultant has expertise in the area of online directories, advertising, and resources;
WHEREAS, the Company desires to engage the Consultant to provide certain services in the area of Consultant’s expertise and the Consultant is willing to provide such services to the Company; such services requested will be listed, invoiced, and billed accordingly as negotiated.
NOW, THEREFORE, the Parties hereby agree as follows:
(b) Standard of Services. All Services to be provided by Consultant shall be performed with promptness and diligence in a workmanlike manner and at a level of proficiency to be expected of a consultant with the background and experience that Consultant has represented it has. The Company shall provide such access to its information, financial information, property and personnel as may be reasonably required in order to permit the Consultant to perform the Services.
(c) Tools, Instruments and Equipment. Consultant shall provide Consultant’s own tools, instruments and equipment and place of performing the Services, unless otherwise agreed between the Parties.
(d) Representation and Warranty. Consultant represents and warrants to the Company that it is under no contractual or other restrictions or obligations which are inconsistent with the execution of this Agreement or which will interfere with the performance of the Services. Company acknowledges that services do not guarantee any specific monetary, reputation, or shareholder gain or loss.
(e) Agreement of terms begins at the initial payment of the first invoice engaging services between the consultant and the company. This agreement is in affect and agreed upon at date of invoice. A new invoice date, continued engagement, or re-engagement of services will not be considered as a new agreement term, and does not supersede the first and original date of agreement. That original date of first invoice will be considered an agreement between both parties of all L&N ENTERPRISES terms and conditions listed within this agreement.
(f) Acceptance of these terms is clearly stated on every invoice and it is the responsibility of the company to review these terms upon receipt of their invoice. It is the responsibility of the company to request any clarification or address any issues about the term within this contract with the consultant and L&N ENTERPRISES.
(b) Termination. This Agreement may be terminated by the Company, without cause and without liability, by giving sixty (30) calendar days written notice of such termination to the Consultant. This Agreement may be terminated by either Party by giving sixty (30) calendar days written notice of such termination to the other Party in the event of a material breach by the other Party. “Material breach” shall include:
(i) any violation of the terms of Articles 1(d), 3, 4, 5, 6,
(ii) any other breach that a Party has failed to cure within sixty (30) calendar days after receipt of written notice by the other Party,
(iii) the death or physical or mental incapacity of Consultant or any key person performing the Services on its behalf as a result of which the Consultant or such key person becomes unable to continue the proper performance of the Services,
(iv) an act of gross negligence or willful misconduct of a Party, and
(v) the insolvency, liquidation or bankruptcy of a Party.
(c) Effect of Termination. Upon the effective date of termination of this Agreement, all legal obligations, rights and duties arising out of this Agreement shall terminate except for such legal obligations, rights and duties as shall have accrued prior to the effective date of termination and except as otherwise expressly provided in this Agreement.
(b) Expenses. Consultant shall be entitled to reimbursement for all pre-approved expenses reasonably incurred in the performance of the Services, upon submission and approval of written statements and receipts in accordance with the then regular procedures of the Company.
(c) Payment. The Consultancy Fee shall be paid in full prior to work beginning by the consultant. If the “Company” and the “Consultant” agree that continued management is needed by the Consultant, the consultant shall submit to the Company a monthly invoice detailing the Services to be performed in the upcoming month and the amount due. All such invoices shall be due and payable within ten (10) calendar days after receipt thereof by the Company. As new services are requested, the monthly charges and statement of work will need to be re-negotiated at this point and a new invoice will be drafted. If it is agreed upon that the “Company” will be paying a monthly rate for hosting, or ongoing services, please note that site performance and accessibility can and will be terminated if no monthly payment is made.
(d) Monthly re-occurring fees, including membership, are to be paid on time and no later than 30 days past due. Nonpayment or inconsistency in payment can and will result in breach of contract and all services can and will be terminated at the digression of the consultant. To re-engage services the consultant reserves the right to request remaining service or yearly balance in full prior to continuing services.
(e) If applicable, Subscription to network or services with L&N ENTERPRISES and its affiliates, does not guarantee, or determine, performance or sales increase. L&N ENTERPRISES or its affiliates are not responsible for other organizations contracts, terms, behavior or performance, of its members or network.
(f) Refunds or repayment: Refund will only be considered by L&N ENTERPRISES up to 30 after the invoice date of the service or services in question. L&N ENTERPRISES reserves the right to determine the amount and decision of the refund based on the following criteria.
(i) Were the services in question completed in full per the client’s request
(ii) If partial services were completed time and expenses will be deducted from the initial charge amount for the services for a partial refund.
(iii) If L&N ENTERPRISES considers the service in question to have enough completion or access by the client to complete themselves no refund will be issued.
(a) It is a common practice to educate and empower the client on what the services that are being paid for are and how they are executed. This policy is put in place to protect L&N ENTERPRISES from educating a client at the initiation of services, and having a client request a refund and completing the services themselves after having a full understanding of the service in question. At this point L&N ENTERPRISES considers the consulting of the service a valid completion of that service in question.
(iv) The following services will always be considered non-refundable:
● Web Hosting
● Domain Purchase
● Recruiting / hiring
● Business Plan Preparation
● Consulting hours
● Plan Writing / Creation
● Media Creation Services
● Graphic Design or ad creation to include logo and print or digital material
(g) Penalties are charged at the discretion of the consultant and L&N ENTERPRISES. Penalties can be charged for up to 10% past the due date of the invoice in question. After the Penalty is added an interest of 21% will be charged monthly.
(i) if The company is over 60 days past due from date of invoice the consultant and any L&N ENTERPRISES affiliates reserves the right to review past invoices for up to 1 year to re-bill for any penalty charges that may not have been charged, as well as collect the full charge on any services that may have been discounted. The late penalty of these new charges will not collect a 10% penalty until they are considered late as of the above late fee terms per the invoice date, at that time these charges are susceptible to the same late terms.
(f) If for some reason the Consultant will need to peruse legal assistance to collect any payments owed, and retain legal services, the company agrees to pay all legal fees associated with the suit or case filled.
(b) Ownership. Consultant agrees to assign and does hereby assign to Company all right, title and interest in and to the Work Product. All Work Product shall be the sole and exclusive property of the Company and Consultant will not have any rights of any kind whatsoever in such Work Product. Consultant agrees, at the request and cost of Company, to promptly sign, execute, make and do all such deeds, documents, acts and things as Company may reasonably require or desire to perfect Company’s entire right, title, and interest in and to any Work Product. Consultant will not make any use of any of the Work Product in any manner whatsoever without the Company’s prior written consent. All Work Product shall be promptly communicated to Company.
(c) License. In the event that Consultant integrates any work that was previously created by the Consultant into any Work Product, the Consultant shall grant to, and Company is hereby granted, a worldwide, royalty-free, perpetual, irrevocable license to exploit the incorporated items, including, but not limited to, any and all copyrights, patents, designs, trade secrets, trademarks or other intellectual property rights, in connection with the Work Product in any manner that Company deems appropriate. Consultant warrants that it shall not knowingly incorporate into any Work Product any material that would infringe any intellectual property rights of any third party.
(d) Return of Domain and Hosting. Upon the termination or expiration of this Agreement for any reason, or upon Company’s earlier request, Consultant will deliver to Company rights and ownership of domain and hosting once year is paid in full.
(e) The consultant reserves the right to maintain ownership of any company work, products, or licenses until all services are paid in full if the consultant or the affiliates of L&N ENTERPRISES so chooses.
(i) is in or comes into the public domain without breach of this Agreement by the Consultant,
(ii) was in the possession of the Consultant prior to receipt from the Company and was not acquired by the Consultant from the Company under an obligation of confidentiality or non-use,
(iii) is acquired by the Consultant from a third party not under an obligation of confidentiality or non-use to the Company, or
(iv) is independently developed by the Consultant without use of any Confidential Information of the Company.
(b) Obligations of Non-Disclosure and Non-Use. Unless otherwise agreed to in advance and in writing by the Company, Consultant will not, except as required by law or court order, use the Confidential Information for any purpose whatsoever other than the performance of the Services or disclose the Confidential Information to any third party. Consultant may disclose the Confidential Information only to those of its employees who need to know such information. In addition, prior to any disclosure of such Confidential Information to any such employee, such employee shall be made aware of the confidential nature of the Confidential Information and shall execute, or shall already be bound by, a non-disclosure agreement containing terms and conditions consistent with the terms and conditions of this Agreement. In any event, Consultant shall be responsible for any breach of the terms and conditions of this Agreement by any of its employees. Consultant shall use the same degree of care to avoid disclosure of the Confidential Information as it employs with respect to its own Confidential Information of like importance, but not less than a reasonable degree of care.
(c) Return of Confidential Information. Upon the termination or expiration of this Agreement for any reason, or upon Company’s earlier request, Consultant will deliver to Company all of Company’s property or Confidential Information in tangible form that Consultant may have in its possession or control. The Consultant may retain one copy of the Confidential Information in its legal files.
(i) divert or attempt to divert from the Company any business of any kind in which it is engaged, including, without limitation, the solicitation of or interference with any of its suppliers or customers, or
(ii) Employ, solicit for employment, or recommend for employment any person employed by the Company, during the Consultancy Period and for a period of one (1) year thereafter.
(b) Company understands that Consultant may have other clients within the same industry, under contractual agreement during the same period. Consultant agrees that all agencies are treated differently, Consultant will abide by confidentiality outlined in section 5, and does not intend to compete or play favors on any one Company or organization.
The obligations and rights of the Party so excused shall be extended on a day-to-day basis for the time period equal to the period of such excusable interruption. When such events have abated, the Parties’ respective obligations hereunder shall resume.
In the event the interruption of the excused Party’s obligations continues for a period in excess of Thirty (30) calendar days, either Party shall have the right to terminate this Agreement upon Sixty (60) calendar days’ prior written notice to the other Party.
(i) to its advisors, attorneys or auditors who have a need to know such information,
(ii) as required by law or court order,
(iii) as required in connection with the reorganization of a Party, or its merger into any other corporation, or the sale by a Party of all or substantially all of its properties or assets, or
(iv) as may be required in connection with the enforcement of this Agreement.
No waiver of any provision of this Agreement shall constitute a waiver of any other provision(s) or of the same provision on another occasion. Failure of either Party to enforce any provision of this Agreement shall not constitute a waiver of such provision or any other provision(s) of this Agreement.
Should any provision of this Agreement be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, such provision may be modified by such court in compliance with the law giving effect to the intent of the Parties and enforced as modified. All other terms and conditions of this Agreement shall remain in full force and effect and shall be construed in accordance with the modified provision.
Last Updated: These Terms and Conditions were last updated on Mon Aug. 26th 2019.
WHEREAS, the Company is having identified its business services, goods, and classification with the consultant already at an earlier time and date (ie. Security service, restaurant, retail shoe sales, and so on.)
WHEREAS, the Consultant has expertise in the area of online directories, advertising, and resources;
WHEREAS, the Company desires to engage the Consultant to provide certain services in the area of Consultant’s expertise and the Consultant is willing to provide such services to the Company; such services requested will be listed, invoiced, and billed accordingly as negotiated.
NOW, THEREFORE, the Parties hereby agree as follows:
- Agreement of Terms and Engagement of Services
(b) Standard of Services. All Services to be provided by Consultant shall be performed with promptness and diligence in a workmanlike manner and at a level of proficiency to be expected of a consultant with the background and experience that Consultant has represented it has. The Company shall provide such access to its information, financial information, property and personnel as may be reasonably required in order to permit the Consultant to perform the Services.
(c) Tools, Instruments and Equipment. Consultant shall provide Consultant’s own tools, instruments and equipment and place of performing the Services, unless otherwise agreed between the Parties.
(d) Representation and Warranty. Consultant represents and warrants to the Company that it is under no contractual or other restrictions or obligations which are inconsistent with the execution of this Agreement or which will interfere with the performance of the Services. Company acknowledges that services do not guarantee any specific monetary, reputation, or shareholder gain or loss.
(e) Agreement of terms begins at the initial payment of the first invoice engaging services between the consultant and the company. This agreement is in affect and agreed upon at date of invoice. A new invoice date, continued engagement, or re-engagement of services will not be considered as a new agreement term, and does not supersede the first and original date of agreement. That original date of first invoice will be considered an agreement between both parties of all L&N ENTERPRISES terms and conditions listed within this agreement.
(f) Acceptance of these terms is clearly stated on every invoice and it is the responsibility of the company to review these terms upon receipt of their invoice. It is the responsibility of the company to request any clarification or address any issues about the term within this contract with the consultant and L&N ENTERPRISES.
- Consultancy Period
(b) Termination. This Agreement may be terminated by the Company, without cause and without liability, by giving sixty (30) calendar days written notice of such termination to the Consultant. This Agreement may be terminated by either Party by giving sixty (30) calendar days written notice of such termination to the other Party in the event of a material breach by the other Party. “Material breach” shall include:
(i) any violation of the terms of Articles 1(d), 3, 4, 5, 6,
(ii) any other breach that a Party has failed to cure within sixty (30) calendar days after receipt of written notice by the other Party,
(iii) the death or physical or mental incapacity of Consultant or any key person performing the Services on its behalf as a result of which the Consultant or such key person becomes unable to continue the proper performance of the Services,
(iv) an act of gross negligence or willful misconduct of a Party, and
(v) the insolvency, liquidation or bankruptcy of a Party.
(c) Effect of Termination. Upon the effective date of termination of this Agreement, all legal obligations, rights and duties arising out of this Agreement shall terminate except for such legal obligations, rights and duties as shall have accrued prior to the effective date of termination and except as otherwise expressly provided in this Agreement.
- Consultancy Fee and Expenses
(b) Expenses. Consultant shall be entitled to reimbursement for all pre-approved expenses reasonably incurred in the performance of the Services, upon submission and approval of written statements and receipts in accordance with the then regular procedures of the Company.
(c) Payment. The Consultancy Fee shall be paid in full prior to work beginning by the consultant. If the “Company” and the “Consultant” agree that continued management is needed by the Consultant, the consultant shall submit to the Company a monthly invoice detailing the Services to be performed in the upcoming month and the amount due. All such invoices shall be due and payable within ten (10) calendar days after receipt thereof by the Company. As new services are requested, the monthly charges and statement of work will need to be re-negotiated at this point and a new invoice will be drafted. If it is agreed upon that the “Company” will be paying a monthly rate for hosting, or ongoing services, please note that site performance and accessibility can and will be terminated if no monthly payment is made.
(d) Monthly re-occurring fees, including membership, are to be paid on time and no later than 30 days past due. Nonpayment or inconsistency in payment can and will result in breach of contract and all services can and will be terminated at the digression of the consultant. To re-engage services the consultant reserves the right to request remaining service or yearly balance in full prior to continuing services.
(e) If applicable, Subscription to network or services with L&N ENTERPRISES and its affiliates, does not guarantee, or determine, performance or sales increase. L&N ENTERPRISES or its affiliates are not responsible for other organizations contracts, terms, behavior or performance, of its members or network.
(f) Refunds or repayment: Refund will only be considered by L&N ENTERPRISES up to 30 after the invoice date of the service or services in question. L&N ENTERPRISES reserves the right to determine the amount and decision of the refund based on the following criteria.
(i) Were the services in question completed in full per the client’s request
(ii) If partial services were completed time and expenses will be deducted from the initial charge amount for the services for a partial refund.
(iii) If L&N ENTERPRISES considers the service in question to have enough completion or access by the client to complete themselves no refund will be issued.
(a) It is a common practice to educate and empower the client on what the services that are being paid for are and how they are executed. This policy is put in place to protect L&N ENTERPRISES from educating a client at the initiation of services, and having a client request a refund and completing the services themselves after having a full understanding of the service in question. At this point L&N ENTERPRISES considers the consulting of the service a valid completion of that service in question.
(iv) The following services will always be considered non-refundable:
● Web Hosting
● Domain Purchase
● Recruiting / hiring
● Business Plan Preparation
● Consulting hours
● Plan Writing / Creation
● Media Creation Services
● Graphic Design or ad creation to include logo and print or digital material
(g) Penalties are charged at the discretion of the consultant and L&N ENTERPRISES. Penalties can be charged for up to 10% past the due date of the invoice in question. After the Penalty is added an interest of 21% will be charged monthly.
(i) if The company is over 60 days past due from date of invoice the consultant and any L&N ENTERPRISES affiliates reserves the right to review past invoices for up to 1 year to re-bill for any penalty charges that may not have been charged, as well as collect the full charge on any services that may have been discounted. The late penalty of these new charges will not collect a 10% penalty until they are considered late as of the above late fee terms per the invoice date, at that time these charges are susceptible to the same late terms.
(f) If for some reason the Consultant will need to peruse legal assistance to collect any payments owed, and retain legal services, the company agrees to pay all legal fees associated with the suit or case filled.
- Work Product and License
(b) Ownership. Consultant agrees to assign and does hereby assign to Company all right, title and interest in and to the Work Product. All Work Product shall be the sole and exclusive property of the Company and Consultant will not have any rights of any kind whatsoever in such Work Product. Consultant agrees, at the request and cost of Company, to promptly sign, execute, make and do all such deeds, documents, acts and things as Company may reasonably require or desire to perfect Company’s entire right, title, and interest in and to any Work Product. Consultant will not make any use of any of the Work Product in any manner whatsoever without the Company’s prior written consent. All Work Product shall be promptly communicated to Company.
(c) License. In the event that Consultant integrates any work that was previously created by the Consultant into any Work Product, the Consultant shall grant to, and Company is hereby granted, a worldwide, royalty-free, perpetual, irrevocable license to exploit the incorporated items, including, but not limited to, any and all copyrights, patents, designs, trade secrets, trademarks or other intellectual property rights, in connection with the Work Product in any manner that Company deems appropriate. Consultant warrants that it shall not knowingly incorporate into any Work Product any material that would infringe any intellectual property rights of any third party.
(d) Return of Domain and Hosting. Upon the termination or expiration of this Agreement for any reason, or upon Company’s earlier request, Consultant will deliver to Company rights and ownership of domain and hosting once year is paid in full.
(e) The consultant reserves the right to maintain ownership of any company work, products, or licenses until all services are paid in full if the consultant or the affiliates of L&N ENTERPRISES so chooses.
- Confidential Information
(i) is in or comes into the public domain without breach of this Agreement by the Consultant,
(ii) was in the possession of the Consultant prior to receipt from the Company and was not acquired by the Consultant from the Company under an obligation of confidentiality or non-use,
(iii) is acquired by the Consultant from a third party not under an obligation of confidentiality or non-use to the Company, or
(iv) is independently developed by the Consultant without use of any Confidential Information of the Company.
(b) Obligations of Non-Disclosure and Non-Use. Unless otherwise agreed to in advance and in writing by the Company, Consultant will not, except as required by law or court order, use the Confidential Information for any purpose whatsoever other than the performance of the Services or disclose the Confidential Information to any third party. Consultant may disclose the Confidential Information only to those of its employees who need to know such information. In addition, prior to any disclosure of such Confidential Information to any such employee, such employee shall be made aware of the confidential nature of the Confidential Information and shall execute, or shall already be bound by, a non-disclosure agreement containing terms and conditions consistent with the terms and conditions of this Agreement. In any event, Consultant shall be responsible for any breach of the terms and conditions of this Agreement by any of its employees. Consultant shall use the same degree of care to avoid disclosure of the Confidential Information as it employs with respect to its own Confidential Information of like importance, but not less than a reasonable degree of care.
(c) Return of Confidential Information. Upon the termination or expiration of this Agreement for any reason, or upon Company’s earlier request, Consultant will deliver to Company all of Company’s property or Confidential Information in tangible form that Consultant may have in its possession or control. The Consultant may retain one copy of the Confidential Information in its legal files.
- Interference with Business
(i) divert or attempt to divert from the Company any business of any kind in which it is engaged, including, without limitation, the solicitation of or interference with any of its suppliers or customers, or
(ii) Employ, solicit for employment, or recommend for employment any person employed by the Company, during the Consultancy Period and for a period of one (1) year thereafter.
(b) Company understands that Consultant may have other clients within the same industry, under contractual agreement during the same period. Consultant agrees that all agencies are treated differently, Consultant will abide by confidentiality outlined in section 5, and does not intend to compete or play favors on any one Company or organization.
- Limitation of Liability
- Independent Contractor
- Force Majeure
The obligations and rights of the Party so excused shall be extended on a day-to-day basis for the time period equal to the period of such excusable interruption. When such events have abated, the Parties’ respective obligations hereunder shall resume.
In the event the interruption of the excused Party’s obligations continues for a period in excess of Thirty (30) calendar days, either Party shall have the right to terminate this Agreement upon Sixty (60) calendar days’ prior written notice to the other Party.
- Non-Publicity
(i) to its advisors, attorneys or auditors who have a need to know such information,
(ii) as required by law or court order,
(iii) as required in connection with the reorganization of a Party, or its merger into any other corporation, or the sale by a Party of all or substantially all of its properties or assets, or
(iv) as may be required in connection with the enforcement of this Agreement.
- Assignment
- Injunctive Relief
- Governing Law and Dispute Resolution
- General
No waiver of any provision of this Agreement shall constitute a waiver of any other provision(s) or of the same provision on another occasion. Failure of either Party to enforce any provision of this Agreement shall not constitute a waiver of such provision or any other provision(s) of this Agreement.
Should any provision of this Agreement be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, such provision may be modified by such court in compliance with the law giving effect to the intent of the Parties and enforced as modified. All other terms and conditions of this Agreement shall remain in full force and effect and shall be construed in accordance with the modified provision.
- Survival of Provisions
- Company Industry Specific Terms
- Additional terms of Performance
Last Updated: These Terms and Conditions were last updated on Mon Aug. 26th 2019.