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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:
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