Consultation
Terms and Conditions
Please read them carefully before using Our Service.
Consultation and Other Service Terms and Conditions
Loma Risper LLC
Consulting / Coaching Service Agreement
Thank you for choosing Loma Risper LLC to advise and/or implement consulting or other services for you or your business. We are excited to work with you to provide valuable information and/or services.
These Terms and Conditions are agreed to in whole by and between Loma Risper LLC ("The Company"), a Dallas, Texas company, with a mailing address of 3824 Cedar Springs Rd, #406, Dallas, TX 75219, and;
You as the Client, (the “Client”) whose address has been provided to Loma Risper LLC (collectively, the “Parties”).
The Client and The Company agree as follows:
The Consulting and Other Services.
The consulting services are provided as requested, as needed, and as agreed upon by The Company on a case-by-case basis. If other services are provided, they can be divided into two parts: the setup services and the ongoing management services.
All consulting and other services are subject to the agreement you will or may have already signed and provided payment to initiate. Consulting Services generally do not require a separate detailed agreement unless requested by the client in writing or the company deems it necessary to manage client expectations. Other services will be managed by a written agreement and may come in the form of a formally signed agreement or via other written forms of communication such as email, text, etc.
Client Requirements.
The Client agrees to the following terms for delivery and review of materials.
A. Client will provide the necessary data in order to support a productive consultation or to facilitate other services ordered.
B. Client will respond in a timely manner as deemed necessary to support a productive consultation or to facilitate other services ordered.
C. Client will comply with The Company guidelines and policies as provided to the client to support a productive consultation or to facilitate other services orders.
D. After 30 days of no contact from the Client to The Company, The Company will assume the Client is no longer in need of The Company's services and The Company may terminate the agreement; in this event, all fees paid by the Client to The Company will be considered earned at the time of termination and no further obligation will exist from either party. Any refunds to be considered will be determined at The Company’s sole discretion and will require full cooperation and compliance by the Client.
Compensation and Payment.
A. One-time Services: The Client will pay any and all fees required by the company prior to fulfillment of any services ordered.
B. Other Services: The Client will pay to The Company The Company’s specified fee including any recurring fee(s) according to the designated schedule based on the agreement they sign. The payment will be due on the designated date and will be automatically deducted from the Client's payment method on file or any other payment method agreed to.
C. The following provision applies to the authorization of recurring credit or debit card authorizations, only:
Right to cancel: The Client has the right to cancel a signed contract until midnight of the 3rd business day after it is signed and executed only if no Services have been rendered yet by the company. The Client may cancel a signed agreement by mailing a written notice to The Company before midnight of the third business day. Notice of cancellation sent after this deadline may be deemed invalid at the sole discretion of The Company.
Term.
A signed agreement will commence on the effective date first set forth in the written agreement and will continue for a minimum period of 30 days, regardless of the Client's delivery of content, and then will continue on a month-to-month basis unless otherwise terminated by The Company or Client or unless otherwise agreed to by The Company and the Client.
Termination.
Any one-time or individual service or consultation fees paid are NON-REFUNDABLE and are considered earned at the time of payment.
A signed monthly agreement may not be terminated prior to the expiration date shown on the written agreement by either party without a 30-day notice unless The Company has determined it is in the best interest of The Company's integrity or other policies to terminate the agreement on an earlier date. In the event the Client desires to terminate the Services in a signed agreement, the Client must submit a written request to The Company at least seven 30 days prior to the desired date of termination. Written requests to terminate may be made by mail or email. If the Client chooses to terminate this agreement in writing, all monies owed to The Company will be due immediately and will be automatically charged to the Client's payment method on file. under no circumstances will The Company give refunds of the amount paid for the Services specified in this signed agreement.
Ownership of Materials.
The Company shall retain the creative rights to all original materials, data, and similar items, produced by The Company hereunder in connection with the Services under any signed agreement or during consultations. All services and software used by The Company shall at all times be the sole property of The Company and under no circumstances shall the Client have any interest in or rights to the title to such materials, or software. The Client acknowledges that The Company may use and modify existing materials for the Client’s benefit and that the Client holds no rights to such materials.
Proprietary Information and Use of Materials.
A. Except as provided elsewhere in these terms and conditions and/or any signed agreement, all information disclosed by one Party to the other Party, shall be deemed to be confidential and proprietary (“Proprietary information”). Such Proprietary Information includes, without limitation, information regarding marketing, sales programs, sales volume, sales conversion rates, sales methods and processes, sales proposals, products, services, vendors, customer lists, training manuals, sales scripts, telemarketing scripts, names of investors, and customer information, operating procedures, pricing policies, strategic plans, intellectual property, information about a Party's employees and other confidential or Proprietary Information belonging to or related to a Party's affairs. The receiving party acknowledges and agrees that in any proceeding to enforce this agreement, it will be presumed that the Proprietary Information constitutes protectable trade secrets, and that the receiving Party will bear the burden of proving that any portion of the Proprietary Information was publicly or rightfully known and disclosed by the receiving Party. The Parties, their employees, subsidiaries, affiliates, agents, and assigns agree to hold all Proprietary Information, regardless of when or how disclosed, in strict confidence and with not less than the same degree of care that they provide for their own confidential and proprietary information. The Parties warrant and represent that the degree of care contemplated herein is adequate and the Parties will take any and all steps reasonably necessary to preserve such Proprietary Information.
B. Nothing in this agreement shall prohibit or limit the receiving Party’s use of information that can be demonstrated as: (a) previously known to the receiving party, (b) independently developed by the receiving party, (c) acquired from a third party not under similar non-disclosure obligations to the disclosing Party, or (d) acquired through the public domain through no breach by the receiving Party of this agreement.
C. License. Client grants The Company a limited, non-transferable, non-exclusive license to copy, use, store, set up, publicly display, publicly perform and transmit any trade names, trademarks, service marks, copyrights, content, text, images, software, functionality, page and other design and layout, media and other materials therein and solely in connection with creation of the solutions provided for the client during consultations and/or other services provided in accordance with the signed agreement. Other than as specifically provided herein, the Parties, their employees, subsidiaries, affiliates, agents and assigns, shall make no disclosure of any Proprietary Information without the express written consent of the other Party. In addition, neither Party shall use the Proprietary Information for any purpose other than purposes related to their business relationship as laid out in this agreement. In the event that the receiving Party is required by applicable law, rule, regulation or lawful order or ruling of any court, government agency or regulatory commission to disclose any Proprietary Information, the receiving Party understands that the disclosing Party may desire to seek an appropriate protective order or take steps to protect the confidentiality of such Proprietary Information. Consequently, the receiving Party agrees that it will provide the disclosing Party with prompt notice of such request(s).
D. Portfolio Release. The Client agrees that The Company has the right to use materials created pursuant to these terms and conditions and or any signed agreement for The Company's portfolio, samples, self-promotion including advertising for The Company's business including without limitation Facebook or Instagram, or any other social media platform. In the event the Client wishes to exclude some specific materials from the release under this paragraph, or to limit the time period of such release, The Company and Client may agree in writing to such limitation.
E. Remedies. The Parties acknowledge that the Proprietary Information exchanged is valuable and unique and that disclosure in breach of the signed agreement will result in irreparable injury to the adversely affected Party, for which monetary damages, on their own, would be inadequate. Accordingly, the Parties agree the adversely affected Party shall have the right to seek an immediate injunction enjoining any such breach or threatened breach of the agreement.
Additional Services.
All services outside the scope of any signed agreement that are requested by the Client and which The Company agrees to perform will be billed at a rate of $500 per hour. The Client will be notified and must approve in writing (email is sufficient) additional services before they will be performed, although The Company may not necessarily be able to inform the Client in advance of the total cost of such additional services. The Client will also be given an opportunity to purchase additional services at package rates when deemed appropriate by The Company.
Limitation of Liability.
The Company shall not be liable for any incidental, consequential, indirect or special damages, or for any loss of profits or business interruptions caused or alleged to have been caused by the performance or non-performance of the services. The Client agrees that, in the event The Company is determined to be liable for any such loss, the Client’s sole remedy against The Company is limited to a refund of payments made by the Client for said services, less expenses paid to subcontractors or to third parties. The Company is not responsible for errors which result from faulty or incomplete information supplied to The Company by the Client. The Client also agrees to not seek damage in excess of the contractually agreed upon limitations directly or indirectly through suits by or against other parties. The Company shall not be liable to the Client for any costs, damages or delays due to causes beyond its control, expressly including without limitation, unknown site characteristics; changes in policies, changes in terms of services.
Handling of Disputes.
The Parties agree that any dispute regarding any signed agreement, and any claim made by the Client for return of monies paid to The Company, shall be handled in accordance with applicable State and Federal laws. Specifically, if the Client cancels credit card payments after the applicable cancellation period permitted by law and outlined in this agreement, this agreement is immediately terminated, and The Company reserves the right to dispute such cancellation and pursue the Client for monies owed to The Company for services already performed but unpaid by the Client due to such credit card cancellation. The Client agrees that, regardless of whether the Client is ultimately successful in any credit card cancellation dispute, it is liable to pay The Company for the work already performed as of the time of the cancellation request, at an hourly rate of $500 per hour for all hours spent on the Client’s project. The Company will provide the Client with an itemization of hours spent within a reasonable time upon the request of the Client and payment will be expected in full within 30 days from the date such itemization is provided. If the Client does not pay for such hourly work upon The Company's demand and within 30 days, The Company reserves the right to initiate an action in court for breach of contract, regardless of the previous outcome of any credit card cancellation dispute. Additionally, if The Company is successful in any credit card cancellation dispute, The Company reserves the right to pursue the Client for the cost The Company had incurred in disputing or defending such credit card cancellation, including but not limited to the lost business profits in the form of time The Company and its representatives spent handling such dispute, at The Company's hourly rate of $500.
Communications.
The Client agrees the communication is to be via email, video call, or any other agreed-upon means. The Company email address to use is loma@lomarisper.com. If the Client wishes to speak on the phone or via video call, the Client should send an email to The Company stating their request to schedule a phone call or video call meeting, and The Company will work with the Client to arrange a time. The Company's office hours are Monday through Saturday, 9:00 a.m. to 6:00 p.m. Central Time. The Company typically responds to emails within 24 to 48 hours excluding weekends and standard public holidays.
No Guarantee.
The Company does not warrant or guarantee any specific level of performance or results. Examples of results obtained for other clients of The Company may be used as a marketing tool and shown to the Client for demonstrative purposes only and should not be construed by the Client as indicating any promised results or levels of results.
Entire Agreement.
Any signed agreement is the final, complete, and exclusive agreement of the Parties. No modification of or amendment to this agreement shall be effective unless in writing and signed by each of the Parties.
Severability.
If any provision of any signed agreement shall be held to be illegal, invalid or unenforceable, such provision shall be fully severable, and the signed agreement shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never compromised a part of the signed agreement, and the remaining provisions of the signed agreement shall remain in full force and effect.
Headings.
The headings used in these terms and conditions and any signed agreement are for convenience only and shall not be used to limit or construe the contents of any signed agreement.
Interpretation and Enforcement.
The Parties understand and agree that the construction and interpretation of any signed agreement is governed by the laws of the State of Texas. In the event that either party must initiate legal action to enforce any signed agreement, the Parties agree that the proper venue for such action shall be the courts of the State of Texas.