Terms and Conditions
Appinstructor, LLC (“the Company”) is pleased to offer individual and team consulting services pursuant to the following Terms and Conditions.
1. Payment for Services. Payment for services is due at the time services are provided. Client is responsible for full payment of services cancelled within 24 hours of the time of service. If client fails to pay all amounts owed at time of service, client agrees to pay a 10% late payment fee. Account balances more than thirty days in arrears are also subject to interest at 18% per annum (1.5% per month) and client is responsible for all costs of collection, including attorneys’ fees, if applicable.
2. Minors. If Consulting services are purchased by a minor (under age 19) or on a minor’s behalf, a legal guardian must be present to agree to these Terms and Conditions and remain physically present during all training sessions. The Company reserves the right to refuse to consult with any minor.
3. Withdrawal under certain conditions. The Company reserves the right to refuse, limit, or cancel any consulting services for any reasonable cause, including without limitation if, in the opinion of the Company, a client is using our services while engaged in offensive, illegal, or otherwise inappropriate activity, including pornography; displays unreasonable, abusive, or disruptive behavior; requires unusual or extensive services/training beyond the scope of these Terms and Conditions or the Company’s typical service offerings; or has otherwise breached these Terms and Conditions.
4. Personal information and passwords. Client understands and agrees that it is sometimes necessary for the Company to obtain and use client’s personal information and / or passwords in order to conduct its consulting services and support obligations. The Company will follow Client’s instructions with respect to whether or not passwords are maintained in the Company’s client file and will use its best efforts to protect the confidentiality of all passwords.
5. Transfer of data. With respect to all services provided by the Company, including data transfer and back-up services, clientunderstands and agrees that the Company shall not be liable for any loss, damage, corruption, disclosure, or alteration of any files, folders, data, programs or any of your confidential, proprietary, business, and/or personal information or removable media (“Data”). The Company is not responsible for any lost, damaged, corrupted, or altered Data. The Company does not guarantee the transfer of all Data from a personal computer to your Mac, as certain Data—including without limitation certain email, contacts, and calendar applications—may not be supported.
6. Consent to software providers’ terms. Client understands and agrees that if any consulting service involves installing software on your computer or device, you hereby authorize the Company to accept such terms and conditions as may be required by the software provider in order to install the software on your computer.
7. Informational purposes only. All training and consulting services provided by the Company are intended for informational purposes only.
8. Limitation of Liability. ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED. The Company and its owners, managers, employees, and agents will under no circumstances be liable for any special, indirect, incidental, or consequential damages resulting from the consulting services or other services it provides, including but not limited to costs of recovering, reprogramming, or reproducing any program or data, or the failure to maintain the confidentiality of data, or any loss of business, profits, revenue, or anticipated savings. To the maximum extent permitted by applicable law, the Company’s total aggregate liability to client for any and all claims arising under the consulting services program shall not exceed the amount you paid for your consulting services.
9. Waiver. Any express waiver or failure to exercise promptly any right under these Terms and Conditions will not create a continuing waiver or any expectation of non-enforcement.
10. Governing Law, Jurisdiction and Venue. This agreement will be governed by and construed in accordance with the laws of the state of Alabama. All actions relating to this agreement including without exception actions for breach of contract and actions asserting irreparable harm must be brought before courts having jurisdiction in Birmingham, Alabama, and Client irrevocably submits to such jurisdiction and waives any objection to venue.