HELLOMQL LLC TERMS OF SERVICE

HELLOMQL LLC, individually referred to as (“HELLOMQL” “we,” “us,” “our,” and “Consultant”) at 111 Town Square Place, Suite 1203 PMB 1100, Jersey City, NJ 07310, welcomes you, individually referred to as ("User" and "Client"). We invite (“User” and “Client”) to engage in a variety of content and activities (“Services”) we offer both on the internet on a variety of platforms, via conference calls, email, phone and in-person engagement. Some of these Services are offer free of charge, others require payment.

We provide (“User” and “Client”) access to Services subject to the following Terms of Service, which may be updated by us from time to time without notice to you. By engaging our Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service and our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of these terms, then please do not engage with our Services. Any user who wishes to purchase our Services, is agreeing to the terms of this Agreement and the accompanying Terms & Conditions of Purchase with respect to such Product or Service. In the event of any conflict between the terms of this Agreement and the Terms & Conditions of Purchase, the Terms & Conditions of Purchase shall control.

FEES & PAYMENT TERMS

All purchases made on this site are final. We do not issue refunds, credits, or exchanges.

USERS RESPONSIBILITIES

As a User of our Services, you understand and agree to the following:

• Results are not guaranteed. There are a variety of factors such as industry, market, economic conditions; and your skills, abilities and delivery that influence results in your business.
• Your commitment to results is necessary for your success
• You will seek independent professional guidance for legal, medical, financial, or psychiatric matters when appropriate

If you choose to purchase Services from us, you commit to:

• Provide all materials and access needed to complete any work agreed upon
• Openly communicate with the Consultant to ensure the strongest partnership with the Consultant and the greatest chance for achieving your goals
• Co-operate with the Consultant in all matters relating to the Services;
• Provide the Consultant with access to data and other facilities as reasonably required by the Consultant in a timely manner, for the purposes of performing the Services;
• Pay the Consultant timely for provision of Services.

If the Consultant performance of its obligations under this Agreement is prevented or delayed by any act or omission of the Client, the consultant shall:

• Not be liable to the Client for the prevention or delay;
• Be entitled to payment of the service fee despite any such prevention or delay.
• Pay the Consultant timely for provision of Services.

CONSULTANT RESPONSIBILITIES

As a consultant, if you purchase Services from us, we commit to:

• Completing work efficiently as agreed upon
• Communicating expectations around timeline, costs, and any issues encountered
• Engaging openly in feedback with the Client to ensure issues are understood
• Respond in a reasonable time frame on communications via all channels and will communicate when unavailable or if delays should be expected
• Provide the Services with reasonable care and skill and ensure they are fit for purpose;

QUALIFICATIONS

The Consultant has an extensive background in Sales. The work and advice covered under this Agreement and provided by HELLOMQL LLC is not a substitute for professional advice by legal, medical, financial, spiritual or other qualified professionals.

OWNERSHIP AND ACCURACY OF MATERIALS

All materials prepared by The Consultant shall be the property of The Consultant unless assignment is granted to the Client. Any specific assignment will be documented in writing to the Client when the materials are provided. If the Client is assigned ownership rights, then they also have complete rights to modify and use as they see fit.

The work product compiled by the Consultant is tailored specifically to client and will represent the Consultants best projected pathway for Client success, however, Consultant makes no promise of warranty or suitability of its work or results.

HELLOMQL does not warrant that any of the materials on its website are accurate, complete or current. HELLOMQL may make changes to the materials contained on its website at any time without notice. However, HELLOMQL does not make any commitment to update the materials.

CONFIDENTIALITY

Neither party may use, disclose, sell, license, publish, reproduce, or otherwise make available the Confidential Information of the other party to any unauthorized third party. Each party will secure and protect the disclosing party’s Confidential Information in a manner consistent with the manner in which the receiving party secures and protects their own Confidential Information, and at least using reasonable care. “Confidential Information” means all non-public information delivered by one party to the other, which information is marked as “confidential”, “proprietary” or with other words of similar import. “Confidential Information” shall not include information that: (i) was known to the receiving party without obligation of confidentiality; (ii) is or becomes generally known to the public through no act or omission of the receiving party; or (iii) was disclosed to the receiving party by a third party without obligation of confidentiality. This Section shall survive termination of this Agreement.

By accepting this agreement, you understand the following situations are considered acceptable sharing of information:

• The Consultant may list the Client as a Client on hellomql.com, social media and/or printed materials
• The Consultant may share Client quotes and stories for marketing purposes
• The Consultant may share hypothetical or anonymous situations with others for the purposes of training and consultation
• Consultant can showcase sample works and results from this project as portfolio pieces on hellomql.com including logo of client and results of the campaign. The client will allow and provide the use of material necessary for the creation of this project.

INDEPENDENT CONTRACTOR STATUS

(a) If you purchase Services from us, the Consultant and Client are independent contractors of one another and neither party’s employees will be considered employees of the other party for any purpose.  This Agreement does not create a joint venture or partnership, and neither party has the authority to bind the other to any third party.  

(b) Consultant shall obtain at its sole cost and expense and at will outsourced freelancers, third party contractors, permits as may be required to complete the services required by the Agreement.

LIMITED LIABILITY

(a) Except as expressly provided in this Agreement, the Consultant makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the consulting services negotiated, agreed upon and rendered. In no event shall the Consultant be liable to the Client for any indirect, consequential or special damages. Notwithstanding any damages that the Client may incur, the Consultant’s entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to the Consultant under this Agreement for all services rendered through and including the termination date.

(b) Client shall indemnify, defend, and hold harmless the Consultant from and against any claim, demand, cause of action, loss, or liability (including attorney’s fees and expenses of litigation) for any damage arising from the use of Services. IN NO EVENT SHALL THE CONSULTANT BE LIABLE FOR ANY LOST PROFITS, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR IN CONNECTION WITH ITS SERVICES. CONSULTANT ASSUMES NO RESPONSIBILITY OTHER THAN TO PERFORM THE SERVICES AGREED TO.

INDEMNIFICATION

The Client hereby assumes the entire responsibility and liability for any and all damage or injury of any kind or nature to all persons, whether employees or otherwise, and to all property, relating to or resulting from the Client’s performance under this agreement.  The Client releases and holds the Consultant harmless from and against all such responsibility and liability.

SEVERABILITY

In any event any part of this agreement is found to be unenforceable the Client and the Consultant agree that the unenforceable part of the agreement shall be modified by the court to make it enforceable to the maximum extent possible. If the part cannot be modified, that part may be severed, and the other parts of the agreement shall remain enforceable.

‍DISPUTE RESOLUTION‍

While we do not expect there to be any problems with our relationship, misunderstandings can occur. We believe that most disagreements can be resolved to mutual satisfaction in a friendly, non-threatening environment. Any dispute, controversy, or claim arising out of or in relation to this Agreement, or the breach, termination, or invalidity thereof, shall be settled amicably by negotiation between the Parties. If such negotiation is unsuccessful, then both Parties may mutually agree to arbitrate the dispute. A competent and impartial third party, acceptable to both parties, shall be agreed upon and appointed to mediate, and each disputing party shall pay an equal percentage of the mediator’s fees and expenses. To the extent all specific details of the scope of work are not so documented, the parties shall work diligently and in good faith to document them at the request of either party. HelloMQL assume's no responsibility or results under this Agreement other than to perform the services purchased.

GOVERNING LAW

This agreement will be governed, construed, and enforced in accordance with the laws of the State of New Jersey, without regard to its conflict of laws rules.

MISCELLANEOUS

Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. The rights and obligations of the Consultant under this agreement shall inure to the benefit of the successors and assigns of the Consultant.  The rights and obligation of the Client shall not be assignable to others.

Last Updated: 8.20.22

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