MALY STRATEGIES, LLC
TERMS OF PURCHASE
This Agreement (“Terms”) sets forth the terms for your purchase of information products and services with Maly Strategies, LLC (“Consultant”). By placing your order, clicking “accept” and/or using the Services, “Client” agrees to be bound by the following terms and conditions:
Services. The packaged, flat fee “Services” to which these Terms apply, shall be only the following:
Exploring Entrepreneurship: 15-min virtual call to ask questions as you explore if entrepreneurship is the right path for you. ($100)
Strategy Power Hour: Tackle a specific challenge your business is facing during a one-hour virtual session. Develop laser-focused next steps to help you move forward with confidence. Includes Top Three Takeaways and one 15-minute follow-up call to gauge progress. ($495)
Private 1:1 Strategic Advisor: Ninety-minute virtual kick-off session to jump start progress. Define where your business is going and why. Develop long-term vision & near-term priorities. Meet 2x/month during 1-hr virtual sessions to gauge progress, discuss challenges, and determine next steps. Includes spot support for quick phone calls or emails between sessions (up to 1 hour). ($1,495/month)
VIP Strategy Session for Growth: Virtual half-day session to leverage your expertise for growth. Align your long-term vision, near-term strategy, go-to market plan, priorities, and goals. Includes strategic document review before session, in-depth SWOT analysis, & one 30-minute follow-up call to gauge progress. ($4,995)
Costs. The fees for the services will be the Flat Fees as stated above. All fees for the Services shall be due prior to the provision of the Services and once paid shall be non-refundable. Unless agreed otherwise by Consultant, the Services must be used within 30 days of purchase.
Relationship. Consultant shall perform all Services as an independent contractor and not as an employee, agent, partner or joint venture of Client for any purpose. Nothing in these Terms shall be deemed to create an employment or agency relationship or a partnership or joint venture among the parties hereto.
Warranties. Consultant warrants and represents that it will perform services hereunder in a professional and workmanlike manner. Any and all other warranties, whether express or implied, are expressly hereby disclaimed. The parties agree that Consultant’s liability in providing the Services shall not exceed the amount charged for the Services to be performed under these Terms.
Confidentiality. The parties agree that they will treat any Confidential Information of the other party as confidential, will not disclose the Confidential Information to anyone without the prior written consent of the other party, and will not use the Confidential Information for any purpose other than in connection with the Services. For purposes of these Terms, “Confidential Information” means any information which, given the nature of the information and/or the circumstances of disclosure, the receiving party has reason to know the disclosing party considers confidential, in whatever form that it is disclosed by or on behalf of one party to the other party, whether or not marked as confidential. Confidential Information includes, without limitation, such information relating to names and expertise of either party, know-how, formulas, processes, ideas, inventions (whether patentable or not) schematics and other technical, business, financial, customer and product development plans, and information received from others that the disclosing party is obliged to treat as confidential.
Intellectual Property. Each party acknowledges and agrees that the other party owns all rights to its pre-existing processes, procedures, methodologies, trainings, manuals, social media, templates, software, systems and programs. Unless agreed otherwise, all data, information, reports, and deliverables created by Consultant in connection with the provision of the Services (“Work Product”) shall be considered the proprietary property of Client. Consultant is granted a license to use the Work Product for all purposes necessary to complete the underlying Services and for no other purpose. Consultant shall seek Client’s permission to identify Client for marketing or proposal purposes for business development with future clients. Each party is the sole owner of all right, title, and interest to their respective logo, trademarks, trade names, and copyrighted information. The parties hereby grant each other a limited, revocable, non-exclusive license to use the name, acronym, and logo solely in connection with the obligations set forth herein. If desired, a party may revoke this license at the termination of the Services, and request all uses of its intellectual property be removed.
Indemnification. Client shall fully defend, indemnify and hold harmless Consultant and any affiliated organizations or any related personnel, such as Consultant’s owners, employees, third party contractors (collectively, “Indemnified Parties”) against any and all claims, actions, losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees and expenses) arising out of the actions of the Client, its employees or agents or breach of any warranty, representation or other provision of these Terms by Client.
Limitation of Liability. Under no circumstances whatsoever shall Consultant be liable to Client or anyone else for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or related to the Services. Notwithstanding anything to the contrary contained in these Terms, the Consultant’s liability to Client for any cause whatsoever and regardless of the form of action, will at all times be limited to the amount paid, if any, by Client to the Consultant for the Services.
Modification. Consultant may modify these Terms from time to time and without notice. You agree to be bound by these Terms and any future modifications, thirty (30) days after they are posted to the Consultant’s website. You should review these Terms regularly during the use of the Services to keep apprised of any changes.
Assignment. No assignment of the Services is permitted, without prior written permission from the Consultant. Any attempt to do so shall constitute a default or violation of these Terms which shall immediately void any agreement between the parties and release Consultant from provision of further Services.
Governing Law. Any action arising under or related to these Terms or the Services will be governed and interpreted by and under the laws of the Commonwealth of Virginia, without giving effect to any conflicts of laws principles that require the application of the law of a different state. Client hereby expressly consents to the personal jurisdiction and venue in the state and federal courts for Fairfax County, VA. The substantially prevailing party in any litigation arising out of or related to these Terms or the Services shall be entitled to seek from the Court its reasonable attorney fees and costs incurred in prosecuting or defending its case.
Entire Agreement. These Terms represent the entire and sole agreement between the parties with respect to the subject matter hereof and supersede any and all prior negotiations, understandings, representations or consulting agreements whether written or oral.
Contact. If you have any questions regarding these Terms or any aspect of our Services, please contact Consultant at: https://www.malystrategies.com/contact.