This Consulting Agreement (the “Agreement” or “Consulting Agreement”) states the terms and conditions that govern the contractual agreement between the “Consultant” and the “Client” who agrees to be bound by this Agreement.
WHEREAS, the Consultant offers MENTORING services in the field of Positioning Within a Hierarchical Environment; and the Client desires to retain the services of the Consultant according to the terms and conditions herein.
NOW, THEREFORE, In consideration of the mutual covenants and promises made by the parties hereto, the Consultant and the Client (individually, each a “Party” and collectively, the “Parties”) covenant and agree as follows:
1. Term
This Agreement shall have a duration equal to the duration between the date of the first appointment set between the Parties and the date of the last appointment set between the Parties plus one calendar week. Either Party may terminate this Agreement for any reason with two (2) days written notice to the other Party.
2. Consulting Services
The Consultant agrees that it shall provide its expertise to the Client for all things pertaining to the Client’s personal Positioning Within a Hierarchical Environment.
3. Consultations, Compensation & Money Back Guarantee
Personal Consultations (on-line or physical appointments)
The Client shall pay the Consultant in advance and at least three (3) working days prior to any scheduled consultation the amount of [€100 plus VAT per hour] times the [hours of duration of the scheduled consultation], except otherwise agreed between the Parties in writing. The Consultant shall invoice the Client once every week and after the consultation has taken place.
In the case the Client fails to make the relevant payments the Consultant retains the right to cancel the specific scheduled consultations and all following consultations with the Client without any further notice to the Client.
In the case the Consultant fails to perform a scheduled consultation for any reason, the Client will be provided with the option to reschedule the consultation or cancel it. In the latter case the Client will be reimbursed the full amount (if already paid) for the specific scheduled consultation only.
Money-Back Guarantee (on-line or physical appointments only)
The Client is provided with a one time money-back guarantee only for on-line or physical appointments. Specifically, in the case the Client declared in writting, within the following working day from the consultation, both that a)the consultation was not to his satisfaction and b)the reasoning explaining his non-satisfaction, then the Client will be provided with the option to reschedule the consultation or cancel it. In the latter case the Client will be reimbursed the full amount (if already paid) for the specific scheduled consultation.
This is strictly a one-time only offer. The Client may not benefit from this offer more than once.
Minimum Consultation Work
The Client may schedule a minimum of 1 hour of Consultation work unless otherwise offered by the Consultant in writing.
Schedule of Consultation Work
Scheduling of consultations is performed by the Consultant depending on availability. The Consultant retains the right to reschedule a consultation at any time. The Client will be provided with the option to reschedule the consultation or cancel it. In the latter case the Client will be reimbursed the full amount (if already paid) for the specific scheduled consultation.
Identity of the Consultant
The Consultant wishes not to reveal its identity and the Client acknowledges and accepts this fact. The Consultant’s identity is therefore characterized as confidential information and the Client will not disclose it.
Additional Consultation Work
In the case the Client wishes to assign the Consultant with additional consulting work, the Consultant will have to confirm acceptance in writing and a new Consulting Agreement other than the present will have to be drafted. Please send all relevant requirements to [email protected].
Payments
All payments must take place using the payment methods offered at www.stelexos-x.com
4. Intellectual Property Rights in Work Product
The Parties acknowledge and agree that the Consultant will hold all intellectual property rights in any work product resulting from the Consulting Services including, but not limited to, copyright and trademark rights.
The Client agrees not to claim any such ownership in such work product’s intellectual property at any time.
5. Confidentiality and Nondisclosure Agreement
The parties hereby agree that during the term hereof, and at all times thereafter, and except as specifically permitted herein or in a separate writing signed by the Disclosing Party, the Receiving Party shall not use, commercialize or disclose Confidential Information to any person or entity. Upon termination, or at any time upon the request of the Disclosing Party, the Receiving Party shall return to the Disclosing Party all Confidential Information, including all notes, data, reference materials, sketches, drawings, memorandums, documentation and records which in any way incorporate Confidential Information.
6. Competition
The Consultant shall engage, directly or indirectly, as an employee, officer, manager, partner, manager, consultant, agent, owner or in any other capacity, in any competition with the Client or any of its subsidiaries.
7. Indemnification
Indemnification of Consultant. Client shall indemnify, defend and hold Consultant harmless from and against any and all third party claims, liability, suits, losses, damages and judgments, joint or several, and shall pay all costs and expenses (including counsel’s fees and expenses) as they are incurred in connection with the investigation of, preparation for or defense of any pending or threatened claim or any action or proceeding arising there from, that Consultant incurs as a result of having performed services on behalf of Client.
8. No Modification Unless in Writing
No modification of this Agreement shall be valid unless in writing and agreed upon by both Parties.
9. Applicable Law
This Consulting Agreement and the interpretation of its terms shall be governed by and construed in accordance with the laws of Greece and subject to the exclusive jurisdiction of the federal and state courts located in Athens.
IN WITNESS WHEREOF,
