Terms & Conditions
SMASHE SMALL BUSINESS CONSULTING AND DEVELOPMENT, NEGOTIATION SERVICES, PROFESSIONAL COACHING, AND MARKETING & BRANDING CONSULTING SERVICES TERMS AND CONDITIONS
This Agreement (the “Agreement”) contains the rules that govern, where appropriate, the provision of small business consulting and development, negotiating services, professional coaching, and marketing & branding consulting to you by Smashe Consulting, LLC., a Connecticut corporation (“Smashe”, “we” or “us”). The words “you” and “your” mean the person signing up to receive service(s) from us.
Under our small business consulting and coaching services, we will provide you with guidance and services to start, grow, and/or sell your business. Depending on the session selected, clients will have virtual or one-on-one access to an SMASHE Director or Associate for guidance such as establishing a business plan, setting up a website, engaging with vendors, and general starting, growing, and selling topics.
Our negotiating consulting services are designed to have one of our Smashe Directors or Associates negotiate deals with vendors on behalf of your company. In addition, Smashe may provide coaching services to provide you with guidance on topics such as salary negotiation, career transitions, and executive coaching. These coaching services are spelled out in our COACHING section.
Unlike our competitors, who only offer hourly webinar sessions with real-time responses to your questions, Smashe is able to gather detailed information and conduct detailed analyses about your personal situation and tailor our guidance for such services.
SERVICES NOT PROVIDED UNDER THIS AGREEMENT
Unless explicitly stated in writing, Smashe does not offer legal, tax or accounting services. It is your responsibility to obtain such advice if necessary. If you want to engage with Smashe for any of these services, you can email us at stephanie@Smasheconsulting.com.
YOUR REPRESENTATIONS AND ACKNOWLEDGMENTS
By accepting our services, you represent and agree to the following, here and throughout the term of this Agreement, and you understand and agree that Smashe is relying on these representations and agreements as an inducement to enter into and perform our Services. You agree that you will provide Smashe with all of the necessary information so that we may provide you with the agreed upon services. Our consulting services are based upon information provided by you regarding your specific circumstances and your specific goals. Smashe shall not be responsible for guidance based on limited or incomplete information provided by you, our client.
- You, alone, are solely responsible for all business and career decisions and you are under no obligation to follow, either wholly or in part, any recommendation or suggestion provided by Smashe.
- Smashe may perform a similar service for other clients and we may make recommendations to other clients, which differ from the recommendations made to you. Each recommendation is tailored to each individual customer.
- Smasne obtains information from a wide variety of publicly available sources and cannot guarantee the accuracy of the information or success of the advice which we may provide. The information and recommendations developed by us is based on our professional judgment. Smashe also bases recommendations off of the information you provide to us.
- We shall not be obligated to provide any services with or for you if, in our reasonable judgment, our services would (a) violate any applicable state or federal law, or any applicable rule or regulation of any regulatory agency, or (b) be inconsistent with any internal policy maintained by Smashe from time-to-time relating to business conduct with our clients.
- Smashe shall not be obligated to provide any services with or for you, our client, if, in our reasonable judgment, this would (a) violate any applicable state or federal law or any applicable rule or regulation of any regulatory agency, or (b) be inconsistent with any internal policy maintained by Smashe from time-to-time relating to business conduct with our clients.
ADULT US RESIDENTS ONLY
In order to receive SMASHE services, you must be 18 or over and be a US person, including a United States resident alien.
FEES AND CHARGES
You, our client, agree to pay any applicable fees and charges we assess for your services and/or other electronic services or other products which you select.
These charges and fees are assessed in accordance with our Services Pricing Page. For the majority of our services, Smashe charges and collects payment in advance. Any amounts paid are nonrefundable (except as may be specifically stated below in the section titled Cancellation and Rebooking Rules).
Fees may be paid through charges to a credit card, debit card or bank account.
To the extent you access our services through a mobile device, your wireless service carrier’s charges, data rates, and other fees may apply; you (and not Smashe) are responsible for any of these charges.
Rebooking and Cancellation Rules
Clients may request a full refund within 24 hours of a scheduled consultation session. If you wish to cancel your session, but not get a refund, you may rebook your session within 1 calendar year of your original purchase date. If you cancel your consultation session less than 24 hours before its scheduled time, you may receive a 50% refund. You may request a refund at any time before your scheduled session as long as you do so within the expiration date of 1 year from the date of your original purchase. You may rebook a session as long as you do so at least 24 hours before your scheduled consultation session. Rescheduling within less than 24 hours’ notice will be treated as though you have cancelled your session. If you miss your session, you will be charged for the full session and will not be eligible for a refund. Smashe consults will attempt to call you for your consulting session three times. If you do not answer the phone after three attempts, over a span of ten minutes, Smashe will consider this to be a “missed session” and will be charged in full. If you answer the phone on the second or third call, the call will continue for the remainder of the time left in the schedule time frame and will be classified as a “late start.” If you are not satisfied with your session, you can reach out to Smashe within the first 30 days of your session.
You must be located in the United States, not including territories.
LIMITATION OF LIABILITY; INDEMNIFICATION
Except as otherwise provided by law, neither we nor any (a) of our officers, partners or directors (or persons performing similar functions); (b) of our employees and representatives; or (c) persons directly or indirectly controlling us or controlled by us (together, our “Affiliates”); or (d) any of our agents, including any service providers, (together with our Affiliates, the “Indemnified Persons”) will be liable for (i) any obligations, costs, fees, losses, liabilities, claims, judgments, actions, damages and expenses, including but not limited to attorneys’ fees, expenses and court costs (“Losses”) paid, suffered, incurred or arising from any business decision made or other action taken or omitted in good faith by us with the degree of care, skill, prudence; and diligence that a person acting in a fiduciary capacity would use under the circumstances; (ii) any Losses arising from adhering to your instructions; or (iii) any act or failure to act by any other third party; or (iv) any failures arising out of the use of the Smashe Website or any of the investment tools or calculators on the Smashe Website.
You will defend, indemnify and hold all of the Indemnified Persons harmless from any and all Losses sustained by any Indemnified Person arising out of or in connection with any misrepresentations or omissions made by you in this Agreement, any inaccuracies in the information that you provide to us or any other Indemnified Person, or any instructions that you provide to us or any other Indemnified Person in connection with your relationship with Smashe or our suppliers.
TERM AND TERMINATION
You may terminate this Agreement and any set of services under this Agreement at any time and such termination will be effective upon receipt of notification of such termination. We may also elect to terminate this Agreement or any set of services under this Agreement at any time, for any reason or no reason, in its sole discretion.
Termination of this Agreement will not affect (a) the validity of any action previously taken under this Agreement; or (b) your obligation to pay us fees that have already been earned under this Agreement. If you terminate this Agreement, you will promptly pay us any unpaid but earned fees, as applicable.
MODIFICATIONS AND AMENDMENTS
We may amend or change any terms of this Agreement provided to you. Notice of the amendment or change will be provided to you as required under applicable law. You acknowledge that we will generally not be required to obtain your consent for any amendments to the Agreement or changes to any services.
If at any time the terms, conditions or fees are not acceptable to you, you may terminate this Agreement after paying any fees or charges owed to us. We may cancel or suspend your services at any time.
DISPUTE RESOLUTION; ARBITRATION
This Agreement will be governed by and construed in accordance with the laws of the State of Connecticut.
To the extent permitted by law, any controversy, dispute or claim arising out of or relating to this Agreement will be submitted to arbitration before a single arbitrator in accordance with the Commercial Rules of the American Arbitration Association. The prevailing party will be entitled to reasonable attorneys’ fees, costs and expenses. This agreement to arbitrate does not constitute a waiver of your right to seek a judicial forum where such waiver would be void under federal or applicable state securities laws.
Any action, suit or proceeding arising out of, under or in connection with this Agreement seeking an injunction or not otherwise submitted to arbitration pursuant to this Agreement will be brought and determined in the appropriate federal or state court in the State of New York and in no other forum. The parties hereby irrevocably and unconditionally submit to the personal jurisdiction of such courts and agree to take any and all action necessary to submit to the jurisdiction of such courts in any such suit, action or proceeding arising out of or relating to this Agreement.
You may not assign this Agreement without our consent; we are not limited in our rights to assign our rights or delegate our responsibilities under this Agreement. This Agreement and the specific program conditions, incorporated by reference, constitute the entire agreement between you and us.
If any provision of this Agreement is found unenforceable, then that provision will be severed from this Agreement and not affect the validity and enforceability of any remaining provisions.
If an arbitrator or court finds any provision to be invalid, you and we agree that the arbitrator or court should give valid effect to the intention of that provision, and that the remainder of this Agreement remain in full force and effect.
If any provision of this Agreement is deemed to be invalid or unenforceable or is prohibited by the laws of the state or jurisdiction where it is to be performed, this Agreement will be considered divisible as to such provision and such provision will be inoperative in such state or jurisdiction. The remaining provisions of this Agreement will be valid and binding and of full force and effect as though such provision was not included.
No failure by us to exercise any right, power, or privilege will operate as a waiver thereof. No waiver of any breach of this Agreement by you will be deemed to be a waiver of any subsequent breach.
Any notice given to you in connection with this Agreement will be deemed delivered if personally delivered or sent by (a) United States mail, certified or registered, or overnight courier, postage prepaid with return receipt request, and addressed, if to you, at the address indicated in your records with us, or (b) electronically to the email address or phone number indicated in your records with us, or (c) posted to the Smashe Website.
We would like to communicate with you using electronic means. When you agree to this Agreement and click the “I Agree” button, this tells us:
- You agree to receive any electronic communication from us for any purpose;
- You agree to receive an electronic version of any written notice or disclosures we must send you under law (“Legal Disclosures”); and
- You understand that to receive Legal Disclosures, you must meet the requirements specified under Technology Requirements below.
When we send electronic communication, including a Legal Disclosure, it may come in the form of an update to the Smashe Website or within the App; as an email, text, or communication on social media; as a notification on mobile, tablet, or wearable devices; or through other electronic means. When you sign-up to receive services from Smashe, we will request your mobile telephone number. We request this information in order to send you security confirmation text messages and information about our services. By clicking or tapping the “I agree” button below, you are telling Smashe that you consent and agree to accept and receive communications from us, including via email, text message, calls and push notification to the mobile telephone number you provide us. Smashe does not charge you when we communicate with you via text message, but your phone carrier will apply standard text messaging charges and data rates.
In order to receive electronic communications, including Legal Disclosures, you must have:
- A computer or mobile device with an internet connection.
- A web browser that includes 128-bit encryption, with cookies enabled.
- The ability to view and retain Portable Document Format (PDF) files.
- A valid email address and phone number.
- Sufficient storage space to save any Legal Disclosure or an installed printer to print them.
We may change these requirements, but we will notify you promptly of any material changes.
If you would like a paper copy of any Legal Disclosure we provide you, please contact us at Stephanie@smasheconsulting.com.
If you would like to withdraw your consent, you can tell us at any time by emailing firstname.lastname@example.org. Once you do withdraw your consent, we will no longer send you paper copies of any Legal Disclosure.
Saving and Reviewing this Consent
This consent can be printed and saved for your records.
Smashe wants to hear your comments, concerns, suggestions, or questions. Email us at Stephanie@smasheconsulting.com.