Online Business Transformations/OnDemand Virtual Services & Affiliate Brands
Terms and Conditions

Welcome to Online Business Transformations/OnDemand Virtual Services & Affiliate Brands . Online Business Transformations/OnDemand Virtual Services & Affiliate Brands  (“Service Provider”) provides its products and services to you subject to the following conditions. If you visit or shop at OnDemandVirtualServices.com, eSuccess-Strategies.com, OnlineBusinessTransformations.com or WebMarketingGuruShop.com, you accept these conditions. Please read them carefully.

PRIVACY. Service Provider itself does not collect or store any information on the OnDemandVirtualServices.com, eSuccess-Strategies.com, OnlineBusinessTransformations.com or WebMarketingGuruShop.com site. However, it does enlist the help of third-party vendors, namely KickstartCart.com, for the administration and distribution of its e-zine and online shopping cart, respectively. We cannot guarantee that third parties, without either your or our knowledge or consent, will not obtain or misuse your user information from your use of this site. Except in the case of a sale of the company, Service Provider will not give your user information to unrelated third parties unless you authorize us to do so. Any information you provide to us is used only to help us personalize information for you and to send you information and updates about products, tips, our website and/or opportunities and information provided by Melinda Janicki.

RETURNS/EXCHANGE POLICY
. Payments rendered are considered fully earned and non-refundable. Please see the specific return policy's for each service package here.

NO CLAIM FOR RELIANCE OR DUTY TO UPDATE; NO GUARANTEE OF ACCURACY OF INFO. As this website and the products we provide contain general information only, you will not be entitled to claim that you relied on it as advice tailored to your specific situation and needs. Also, marketing and business information change rapidly and we do not promise that any of the information you see on the website or in our products will be absolutely current or accurate. We will not assume any responsibility for any mistakes or inaccuracies in the information posted on this website or in our products.

COPYRIGHT. All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Service Provider or third party suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Service Provider and protected by U.S. and international copyright laws. You are welcome to browse this website and to download information for your personal use, provided you do not sell it or pass it off as your own. You must get the prior written consent of Service Provider for any other use you wish to make of the information on this website and/or that contained in its products. Violation of intellectual property rights may subject you to an application for injunctive relief.

LICENSE AND SITE ACCESS. Service Provider grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Service Provider. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Service Provider. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Service Provider and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Service Provider's name or trademarks without the express written consent of Service Provider. Any unauthorized use terminates the permission or license granted by Service Provider. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Service Provider so long as the link does not portray Service Provider, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Service Provider logo or other proprietary graphic or trademark as part of the link without express written permission.

COPYRIGHT COMPLAINTS. Service Provider and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

PRODUCT DESCRIPTIONS. Service Provider attempts to be as accurate as possible. However, Service Provider does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Service Provider itself is not as described, your sole remedy is to inquire about a refund within 3-7 business days. 

OTHER BUSINESSES. We MAY provide links to the sites of other people, companies, and agencies. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Service Provider does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. We take no responsibility for, and have no control over, whatever may appear on these "third-party" sites, nor do we make any promises or guarantees regarding the information contained on those sites. You should carefully review their privacy statements and other conditions of use. The links to other sites are provided for your enjoyment and information only.

APPLICABLE LAW. By visiting OnDemandVirtualServices.com, eSuccess-Strategies.com, OnlineBusinessTransformations.com or WebMarketingGuruShop.com, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Service Provider.

DISPUTES. Any dispute relating in any way to your visit to OnDemandVirtualServices.com, eSuccess-Strategies.com, OnlineBusinessTransformations.com or WebMarketingGuruShop.com or to products you purchase through Service Provider shall be submitted to confidential arbitration in New York, except that, to the extent you have in any manner violated or threatened to violate Service Provider's intellectual property rights, Service Provider may seek injunctive or other appropriate relief in any state or federal court in the City, County, and State of New York
, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association before one (1) arbitrator. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The prevailing party shall be entitled to recover from the other all costs for such arbitration including attorneys’ fees and costs incurred. The parties consent to the jurisdiction of all appropriate courts and/or tribunals in the County of New York and agree that any demand for arbitration may be served by certified mail/return receipt requested.

MODIFICATION TO POLICIES. We reserve the right to make changes to our site, policies, pricing, and these Conditions of Use at any time without notice, so be sure to revisit this page for the most current terms.

SEVERABILITY. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition and these Conditions of Use will be regarded as if the offending provisions were omitted.

SERVICES:

PRE-PACKAGED SERVICES. All items are delivered based on the written copy associated with each package on this website or the emailed proposal letter. Service requests outside the scope of the package will be billed at the current full hourly rate. If at any time client is unhappy with the project, a refund request will be assessed if it is submitted in writing within 2 weeks of project start date.

ADVANCE-OF-TIME PACKAGES. Monthly Advance-of-Time Packages provide ongoing support at a discounted rate up to the number of hours that both parties have agreed to. An advance-of-time package is a monthly ongoing subscription that is automatically charged every 30 days. Our advance-of-time package subscribers above 40 hours a month are considered our Diamond clients and their projects are taken with first priority. If your hours exceed the time purchased, no worries, we let you know ahead of time when you are approaching your hours and will honor your special hourly rate for all overages. Advance-of-Time Package fees are required in full in advance of services; payment is due on or before the next 30 day billing cycle begins. If payment is not received by the 1st, full standard hourly rates will apply for any work performed during that month, and monies received will be applied accordingly. Hours are billed in 15 (fifteen) minute increments. Payments rendered are considered fully earned and non-refundable. Unused hours are not carried over; it is incumbent upon Client to utilize their retained hours each month.

PER PROJECT PACKAGE: All items are delivered based on the written copy associated with each package on this website or the emailed proposal letter. All fees are paid upfront as tasks are completed for you, the hours used will be deducted from your paid balance. Per project packages are charged at our current full hourly rate. All payments are considered fully earned and non refundable however in the event that at the project completion there is an existing balance then the client will be able to use it toward additional work requests of pre-packaged services and per project packages.

SERVICE CATEGORIES. There is a per-hour minimum for all services. Hourly rates are billed in 15 (fifteen) minute increments. Client understands that hourly rates are subject to change without notice at the discretion of Service Provider.

PROJECTS COMPLETION. Basic projects receive 3-4 day turnaround. Each new or special project requires a minimum of four (4) days lead time. Clients with Advance of Time packages will receive 2-3 day turnaround and require a minimum of three (3) day lead time. Client will provide sufficient notice and allow for reasonable timeframes for project completions. Rush projects of 24 hours or less and projects requiring weekend or holiday work may be subject to a 25% surcharge and/or other rush fees. Service Provider reserves the right to refuse any project or service request.

CLIENT RESPONSIBILITIES. Client understands that Service Provider is not an employee, and that this will be a collaborative, professional relationship of equals where mutual professional respect, courtesy and consideration are expected. Due to the virtual nature of the relationship, Client understands the importance of communication, especially via email, and agrees to respond to questions, requests and communications from Service Provider in a timely manner. Client understands that Service Provider is a business with other clients to serve, and requires fair, realistic notice in order to attend to requests and projects. Poor planning or miscommunication on the part of Client will not constitute an emergency for Service Provider. Client understands that Service Provider may require detailed clarification of projects in order to meet expectations and provide the best support and highest quality work. Client can expect a response to emails and phone calls at least 24 - 48 hours after receipt.

Client may be placed with an OnDemand Implementer (tm) as per the clients request. Unless otherwise stated both the Implementer and the Client are not to work together unless they are under the Service Provider umbrella. The Client shall discuss all financial information regarding there Service Provider relationship directly with Melinda Janicki only as well as all additional work that is needed that is outside the scope of the agreement. In addition, if the client has a need to work with the OnDemand Implementer (tm) outside of Service Provider they may do so after paying a finder's fee. 

OFFICE HOURS & COMMUNICATION. Office hours are 10 AM - 6 PM EASTERN Monday through Thursday, and 10 AM – 4 PM EASTERN Friday. Email is to be the primary form of communication between Client and Service Provider. Service Provider is available for phone calls during office hours only. Occasional calls of only a few minutes in duration are not typically billed to Client. However, the time of both parties must be respected, and calls lasting over 10 minutes will be billed to Client. Telephone meetings must be prescheduled. Cancellation requires a minimum of 24 hours advance notice. Missed meetings or cancellations without sufficient notice will be billed to Client.

MATERIALS & INFORMATION. Client will provide all content, outlines, photos, product images, etc., necessary for any special projects. Source material must be clear and legible. Client is responsible for furnishing all pertinent information, and for furnishing accurate, truthful and complete information necessary for Service Provider to perform or complete the contracted services or project.

EXPENSES. Expenses incurred on behalf of Client are not included in any fees and will be billed to Client. Reimbursable expenses may include, but are not limited to, office supplies (e.g., file folders, envelopes, CDs, diskettes, etc.), mileage, long-distance telephone charges, payments made to vendors, and shipping and handling costs. Long-distance telephone calls will be billed at a rate of $0.25 per minute. There is a one-hour minimum for office calls. On-site visits will be billed for meeting time, roundtrip travel time and mileage. Payment is due upon receipt.

ACCURACY. Client assumes full responsibility for acceptance of work or services performed and agreed upon, as well as final proofing and accuracy. Service Provider is not responsible for errors or omissions.

PAYMENT OPTIONS. Personal or business checks are accepted for payment one time projects only. AMEX, Discover, Mastercard and VISA credit cards and e-checks are accepted through 1 Shopping Cart and PayPal, our online payment vendor.

NSF FEES. There is a $40 NSF (insufficient funds) fee for returned checks.

LATE PAYMENTS. Payments not received by due date will result in work cessation. Service Provider reserves the right to refuse completion or delivery of work until past due balances are paid. Monthly late charges of $10.00 or 1.75% (APR of 21%), whichever is greater, will be assessed on unpaid balances every 30 (thirty) days.

LIEN. All materials or property belonging to Client, as well as work performed, may be retained as security until all just claims against Client are satisfied.

LATE FEES. Clients who consistently fail to respond to questions in a timely manner, do not supply needed information, or otherwise impair efficient workflows increase administrative time, waste Advance-of-Time Package hours unnecessarily, and prevent Service Provider from working to optimum standards and serving other clients in a fair and equal manner. Service Provider reserves the right to impose late fees and/or increase hourly rates of Clients who fall in this category.

PROPERTY. All billings (including invoices, statements and estimates), reports and time accountings are provided as a convenience to Client at the discretion of Service Provider and remain the property of Service Provider. Periodic audits may reveal previous billing discrepancies or errors, and Service Provider is entitled to void or recall incorrect invoices and statements and bill for any monies due on account.

INDEMNIFICATION/RELEASE OF LIABILITY. Client shall indemnify, defend and save Service Provider harmless from any and all suits, costs, damages or proceedings, including, but not limited to, Service Provider’s services, pertaining to any and all litigation in which the Client is a party. Client shall pay all expenses incurred by Service Provider including, but not limited to, all attorneys’ fees, costs and expenses incurred should Service Provider be named a party in any litigation to which Client is a party. Client shall further indemnify and hold harmless Service Provider and its agents, officers and directors from liability for any and all claims, costs, suits and damages, including attorneys’ fees arising directly or indirectly out of or in connection with the operation of Client, and from liability for injuries suffered by any person relating to the Client. This agreement to indemnify Service Provider is not limited to any acts or omissions, statements or representations made by Service Provider in the performance and/or nonperformance of Service Provider’s duties hereunder and relating to all contractual liabilities, which may be alleged or imposed against Service Provider. All reasonable precautions will be taken to safeguard the property entrusted to Service Provider. In the absence of negligence, however, Service Provider will not be held liable for loss, destruction or damage of any kind resulting from items which are lost or delayed in transit, whether such transit is electronic, fax, mail or otherwise, nor for unauthorized use by others of such property. Service Provider will not be held liable for any incidental, consequential or indirect damages, including without limitation damages for loss of profits, business interruption, loss of information, plagiarism, etc. Service Provider will not be held liable for typographical omissions or errors.

EXPIRATION & MODIFICATION. This Agreement shall remain in effect for a period of two years or until such time as one or the other Party provides written notice of cancellation. This Agreement may be modified or amended as necessary after negotiations initiated by either Party. If agreement is reached, only a written instrument signed by both Parties will modify or amend this Agreement.

TERMINATION. Advance-of-Time and re-occurring packages may be terminated by either party for any reason within 30 (thirty) days advance written notice of intent to cancel. Advance-of-Time Package fees for the last month of service are due and payable in full on or before the 1st of the month, whether actual services are performed or not. Advance-of-Time Package fees are due in full for the intended month of cancellation if proper notice is not provided.

OUR ADDRESS

Online Business Transformations
954 Lexington Ave #522
New York, NY 10021
www.OnlineBusinessTransformations.com/

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the written information specified below. Please note that this procedure is exclusively for notifying Service Provider that you believe your copyrighted material has been infringed.

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

A description of the copyrighted work that you claim has been infringed upon;

A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;

Your address, telephone number, and e-mail address;

A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Notice of claims of copyright infringement on its site can be sent to:

Copyright Agent
Online Business Transformations
954 Lexington Ave #522
New York, NY 10021
www.OnlineBusinessTransformations.com/
Email: Contact Us

 

OnDemandVirtualServices.com * MelindaJanicki.com
eSuccess-Strategies.com * WebMarketingGuruShop.com