Terms, Conditions & Agreement
Last Updated: December 2024
Thank you for purchasing HR Consulting Services with Skye HR Consulting, LLC. By purchasing services, you expressly agree to the following terms and conditions.
This agreement is entered into by Skye HR Consulting, LLC, (referred to in this agreement as “Consultant”), and You (referred to as “Client”).
Statement of Work: The Consultant agrees to provide the Client with the HR consulting services you purchased.
Terms & Conditions: The Client agrees to pay the Consultant the listed price. Payment is due at the time of scheduling. Payments are non-refundable and non-transferable. All payments are non-refundable. Exceptions may be made at the sole discretion of the Consultant, based on circumstances such as the Consultant's inability to deliver the agreed services due to unforeseen circumstances.
Confidentiality and Personal Data: In connection with the services provided under this Agreement, the Consultant will receive Confidential Information, including personal data, from the Client. The Consultant will keep such Confidential Information confidential and will only use it in connection with the services provided under this Agreement. The Consultant will use commercially reasonable efforts to secure and safeguard the Confidential Information from disclosure or theft. For purposes of this Agreement, the term "Confidential Information" means any and all data or information concerning the Client, its employees, and its affiliates, which is proprietary and not generally known by the public. The Client consents to the Consultant's use of their data for the purposes of providing the services outlined in this Agreement.
Limited liability: The Client agrees that the Consultant’s role and services provided under this Agreement are strictly consultative. Any and all decision-making regarding the Client, including whether or not to follow any advice or utilize any resource given by the Consultant, is solely the responsibility of the Client. The Consultant is not liable for any inactions, actions, or decisions made by the Client or its employees, agents, or representatives. The Client assumes sole responsibility for all actions taken or not taken as a result of the Consultant’s services. The Consultant assumes no responsibility under this Agreement other than to perform the services in good faith. Except as expressly provided in this Agreement, the Consultant makes no guarantees, representations, or warranties of any kind, express or implied, with respect to the services rendered. The Client acknowledges that the Consultant is not a lawyer and that the services are not legal advice and are not a substitute for legal advice. The Client acknowledges that they have been advised to have an attorney review employment policies, handbooks, and other documents and practices to ensure legal compliance. The Consultant makes no guarantees to ensure that the Client is legally compliant. The Client is solely responsible for ensuring legal compliance in their organization. In no event will the Consultant be liable to the Client for any indirect, consequential, incidental, or special damages. In no event will the Consultant’s liability arising out or relating to this Agreement, whether arising out of or related to breach of contract, tort (including negligence) or otherwise exceed the amount paid to the Consultant under this Agreement.
Intellectual Property: Any work product, including but not limited to HR Foundations Program materials, employee handbooks, toolkits, policies, procedures, training materials, checklists, templates, leadership training, and other resources provided by the Consultant to the Client is intended exclusively for internal use within the Client’s organization. The Client is prohibited from distributing, sharing, or otherwise making the Consultant’s intellectual property available outside of the Client’s organization. The Consultant retains ownership of all intellectual property rights in any pre-existing work product or materials used in creating the work product for the Client. The Consultant grants the Client a non-exclusive, non-transferable license to use such work product solely for internal purposes within the Client's organization.
Force Majeure: Neither party shall be liable for any failure or delay in performing their obligations under this Agreement if such failure or delay is caused by circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, or other unforeseen events.
Subscription to Emails: By entering into this Agreement, the Client consents to receive communications, including information and promotional materials (such as newsletters), from the Consultant. The Client retains the right to unsubscribe at any time by either emailing the Consultant or by following the unsubscribe instructions included in the email.
Entire Agreement: This document reflects the entire agreement between the Consultant and the Client and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations. The Agreement may not be amended, altered, or supplemented except in writing signed by both the Consultant and the Client.
Waiver: The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
Dispute Resolution: If a dispute arises out of this Agreement, the Client and the Consultant agree to attempt to negotiate a resolution in good faith for 30 days. Any disputes will be governed by the laws of Iowa. In the event of legal action or other legal proceeding arising out of this Agreement, the prevailing party will be entitled to recover related attorney’s fees and other reasonable and related costs from the non-prevailing party.
Severability: If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If in the event a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
Applicable Law; Venue: This Agreement shall be governed and construed in accordance with the laws of the State of Iowa, without giving effect to any conflicts of law’s provisions. Each party irrevocably and unconditionally agrees that it will not commence any action, litigation, or proceeding of any kind whatsoever against the other Party in any way arising from or relating to this Agreement, in any forum other than the state and federal courts located in Iowa, United States of America. Each Party waives any defense or argument that such forum is improper or inconvenient.
Binding Effect: This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.
Electronic Signatures: The Client agrees that when the Client electronically signs or clicks “I agree” or a similarly worded “button” or entry field the Client's agreement or consent will be legally binding and enforceable and the legal equivalent of a handwritten signature. The Client agrees that by paying for services, the Client agrees to the terms and conditions set forth in this agreement and it is legally binding and enforceable and the legal equivalent of a handwritten signature.
By purchasing services, you acknowledge you have read, agree to, and approve the above terms and conditions. This agreement is fully executed at the time of purchase.
Thank you,
Skye Mercer, MBA, SPHR, SHRM-SCP
Owner, Skye HR Consulting, LLC
Skye@skyehrconsulting.com