Warranties & responsibility for services and products
When we receive a valid warranty claim for a product purchased from us, we will either repair the relevant defect or replace the product. If we are unable to repair or replace the product within a reasonable time, the customer will be entitled to a full refund upon the prompt return of the product to us. We will pay for shipment of repaired or replaced products to customer and customer will be responsible for return shipment of the product to us.
Ownership of intellectual property, copyrights and logos
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of [My McKenzie Friend Services]. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
Right to suspend or cancel user account
We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.
Indemnification
You agree to indemnify and hold [website owner] harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.
Right to change and modify Terms
We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.
Limitation of liability
To the maximum extent permitted by applicable law, in no event shall Jason Appleyard, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
To the maximum extent permitted by applicable law, [website owner] assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
Promotional emails and content
You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time.
Preference of law and dispute resolution
These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of [Name of Country / State], without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in [Name of the city of the courts]. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
Customer support details & contact info
Terms are expected to have contact information enabling users and customers to receive customer support services and to correspond with the website and its operators.
Websites Purpose
We are here to serve dads and mums going through the family courts in England and Wales. We offer coaching and Support through traumatic times.
Client Terms of Service - This will be signed by Every Customer - We aim to be transparent
GENERAL SERVICE AGREEMENT
THIS GENERAL SERVICE AGREEMENT (the "Agreement") is dated this ________ day of ________________, ________.
CLIENT
Client
Client Address
(the "Client")
CONTRACTOR
My McKenzie Friend Services
(Family Law Support & Divorce Coach)
62 Sprucedale Close England BR8 7YU
(the "Contractor")
- BACKGROUND
- The Client is of the opinion that the Contractor has the necessary qualifications, experience and abilities to provide services to the Client.
- The Contractor is agreeable to providing such services to the Client on the terms and conditions set out in this Agreement.
IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Contractor (individually the "Party" and collectively the "Parties" to this Agreement) agree as follows:
- SERVICES PROVIDED
- The Client hereby agrees to engage the Contractor to provide the Client with the following services (the "Services"):
My McKenzie Friend Services, Fixed Cost, Full Family Court Case Management. Silver Plan with 12 Month Enforcement Promise..
- The Services will also include any other tasks which the Parties may agree on. The Contractor hereby agrees to provide such Services to the Client.
- TERM OF AGREEMENT
- The term of this Agreement (the "Term") will begin on the date of this Agreement and will remain in full force and effect until the completion of the Services, subject to earlier termination as provided in this Agreement. The Term may be extended with the written consent of the Parties.
- PERFORMANCE
- The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
- CURRENCY
- Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in GBP.
- PAYMENT
- The Contractor will charge the Client a flat fee of £3,500.00 for the Services (the "Payment").
- The Contractor will invoice the Client as follows:
Paying Upfront Upon receipt of the Invoice
OR
The Client will pay by the last day of the calendar month, or the client will pay by the 15th day of each month. This will re-occur monthly for 3,9, 12, 18 or 24 months.
We do not want to cause the client any additional stress on top of the stress you are already going through, so we aim to build a monthly payment plan around your requirements.
- Invoices submitted by the Contractor to the Client are due upon receipt.
- The above Payment includes Value Added Tax.
- The Contractor will be responsible for all income tax liabilities and National Insurance or similar contributions relating to the Payment and the Contractor will indemnify the Client in respect of any such payments required to be made by the Client.
- The Contractor will be solely responsible for the payment of all remuneration and benefits due to the employees of the Contractor, including any National Insurance, income tax and any other form of taxation or social security costs.
- The Contractor will not be reimbursed for any expenses incurred in connection with providing the Services of this Agreement.
- INTEREST ON LATE PAYMENTS
- Interest payable on any overdue amounts under this Agreement is charged at a rate of 25.00% per annum or at the maximum rate enforceable under applicable legislation, whichever is lower.
- CONFIDENTIALITY
- Confidential information (the "Confidential Information") refers to any data or information relating to the business of the Client which would reasonably be considered to be proprietary to the Client including, but not limited to, accounting records, business processes, and client records and that is not generally known in the industry of the Client and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.
- The Contractor agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Contractor has obtained, except as authorised by the Client or as required by law. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this Agreement.
- All written and oral information and material disclosed or provided by the Client to the Contractor under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to the Contractor.
- OWNERSHIP OF INTELLECTUAL PROPERTY
- All intellectual property and related material, including any trade secrets, moral rights, goodwill, relevant registrations or applications for registration, and rights in any patent, copyright, trade mark, trade dress, industrial design and trade name (the "Intellectual Property") that is developed or produced under this Agreement, will be the sole property of the Client. The use of the Intellectual Property by the Client will not be restricted in any manner.
- The Contractor may not use the Intellectual Property for any purpose other than that contracted for in this Agreement except with the written consent of the Client. The Contractor will be responsible for any and all damages resulting from the unauthorised use of the Intellectual Property.
- RETURN OF PROPERTY
- Upon the expiry or termination of this Agreement, the Contractor will return to the Client any property, documentation, records, or Confidential Information which is the property of the Client.
- CAPACITY/INDEPENDENT CONTRACTOR
- In providing the Services under this Agreement it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.
- RIGHT OF SUBSTITUTION
- Except as otherwise provided in this Agreement, the Contractor may, at the Contractor's absolute discretion, engage a third party sub-contractor to perform some or all of the obligations of the Contractor under this Agreement and the Client will not hire or engage any third parties to assist with the provision of the Services.
- In the event that the Contractor hires a sub-contractor:
the Contractor will pay the sub-contractor for its services and the Payment will remain payable by the Client to the Contractor.
for the purposes of the indemnification clause of this Agreement, the sub-contractor is an agent of the Contractor.
- AUTONOMY
- Except as otherwise provided in this Agreement, the Contractor will have full control over working time, methods, and decision making in relation to provision of the Services in accordance with the Agreement. The Contractor will work autonomously and not at the direction of the Client. However, the Contractor will be responsive to the reasonable needs and concerns of the Client.
- EQUIPMENT
- Except as otherwise provided in this Agreement, the Contractor will provide at the Contractor’s own expense, any and all tools, machinery, equipment, raw materials, supplies, workwear and any other items or parts necessary to deliver the Services in accordance with the Agreement.
- NO EXCLUSIVITY
- The Parties acknowledge that this Agreement is non-exclusive and that either Party will be free, during and after the Term, to engage or contract with third parties for the provision of services similar to the Services.
- NOTICE
- All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties at the following addresses:
Client
Client Address
My McKenzie Friend Services (Family Law Support & Divorce Coach)
62 Sprucedale Close England BR8 7YUor to such other address as either Party may from time to time notify the other.
- INDEMNIFICATION
- Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.
- ADDITIONAL CLAUSES
- Three / Five Seven / Fifteen hours per week of coaching and support - Some weeks, you may want less than the allocated time, or your MF could be in court. Time will always be made up when needed, and you will be fully prepared for court.
- 12/24/36-Month Enforcement Promise: From the final Court Order being served to the parties, the client has 12/24/36 months to return to court to enforce the Court Order served upon them, and My McKenzie Friend Services will support the client through the enforcement application at no extra cost other than that of the court fees to make the application. This must be an enforcement application.
- Fixed Cost Full Case Management: Your MF will work for you as long as the case is in court. Once your case concludes, the client will reduce from 5 hours a week when required to 1 hour per week. When the matter returns to Court, the client will have 2 hours per week of support and coaching.
- All Support and guidance must be delivered in a way that is not providing litigation for the client. The Support offered is coping mechanisms, dealing with your emotions, dealing with conflict, dealing with professionals, inner confidence, coming out of your comfort zone and being comfortable with being uncomfortable. We do not provide litigation. We support you in telling your truth.
- If the client is paying in full the cost for the full case, the client shall have 7-day change of mind for a full money back refund providing no work has been started on the case. If the contractor has committed 12 hours or more to the client case weather if studying client documents or time talking on the phone the client will receive a partial refund. The refund amount will be the money you paid subtracted by £600.00, so if you pay for the Bronze Plan with no enforcement promise, full case cover paid in full £1600. You will be refunded £1000.00. If we have one court hearing and we have prepared for that hearing, if you have a change of mind there will be no refund available based on the prices that we offer and the hours that we will have put in to support would accumulate to less than the minimum wage for a service that would cost you double with other McKenzie Friends and would be quadruple with a solicitor.
- MODIFICATION OF AGREEMENT
- Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorised representative of each Party.
- TIME OF THE ESSENCE
- Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.
- ASSIGNMENT
- The Contractor will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client.
- ENTIRE AGREEMENT
- It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.
- ENUREMENT
- This Agreement will enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.
- TITLES/HEADINGS
- Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.
- GENDER
- Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
- GOVERNING LAW
- This Agreement will be governed by and construed in accordance with the laws of England.
- SEVERABILITY
- In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
- WAIVER
- The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.
IN WITNESS WHEREOF the Parties have duly affixed their signatures under hand and seal on this ________ day of ________________, ________.
Client
My McKenzie Friend Services (Family Law Support & Divorce Coach)
Per:
(Seal)
Officer's Name: __________________________
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