This Terms and Conditions Agreement is entered into by and between You and Create & Automate with Jenn (hereafter, Website, Site, Company, I, We, Me, My, Us, Our, Her, Jenn) when initial payment is made for any and all services offered by Jennifer Lamb and Create & Automate with Jenn.
AGREEMENT TO THE TERMS AND CONDITIONS:
These Terms and conditions constitute a legally binding agreement between You and Create & Automate with Jenn.
You understand, acknowledge, and accept these terms by making payment for any digital product, one-time service, course, or reoccurring service such as a membership or retainer. You are bound by all of these Terms and Conditions. You accept and agree to be bound and abide by these Terms and Conditions.
1. Refund & Cancellation Policy:
Digital Products: Such as E-Books and On-Demand Courses:
I offer a full money-back guarantee for these purchases if for any reason you're not satisfied with the product that you have purchased. You are eligible for a full reimbursement within 7 calendar days of your purchase.
After the 7-day period, you will no longer be eligible and won't be able to receive a refund. I encourage customers to try the product (or service) in the first week after their purchase to ensure it fits their needs.
Custom Project: This includes all custom projects where an initial proposal was given and agreed to.
Once a project proposal is agreed to, a 50% deposit is required to be paid within 72 hours to reserve your space on Create & Automate with Jenn’s calendar.
Should you need to cancel your project this must be done within 5 business days of making your 50% deposit payment to receive a full refund. Beyond the 5 days and up to 10 business days 50% of the deposit will be refunded. However, beyond 10 business days, the entire 50% deposit will be forfeited because at this point it would be impossible for me to find another client who's ready to move quickly enough to take your place on my calendar.
I understand that life gets in the way and I do allow for rescheduling of these projects. You have the ability to reschedule 1 time before your 50% deposit will be forfeited.
Create & Automate with Jenn is a small business and when space is reserved on my calendar it prevents me from booking other clients.
Reoccurring Services: This includes Retainer Services and Memberships
Retainer services and memberships begin immediately upon initial payment. Should you decide within 7 days of your initial payment that these services are no longer needed you are eligible for a full reimbursement.
Memberships, beyond the 7 days you are welcome to cancel at any time. However, no prior payment will be refunded, but all future payments will be canceled and reoccurring payments will be suspended. You will continue to have access until the end of your current billing cycle. At the end of that cycle, your access will be revoked, and no future charges will be assessed. Cancellation during the middle of a billing cycle will not result in a prorated refund.
Retainer Services, beyond the 7-day, a 30-day email cancellation is required. This allows me time to prepare for the open retainer spot, and wrap up any pending projects or loose ends for your business.
All retainers are based on an as-earned fee. This means upon cancellation Create and Automate with Jenn will keep any portion of the paid retainer fee to cover any and all unpaid work completed and any unused or unearned portion of the retainer fee will be refunded within 30 days of receiving notice of cancellation.
If you have any additional questions or would like to request a refund, feel free to contact me at: firstname.lastname@example.org
2. PROPERTY RIGHTS
Create and Automate with Jenn will have ownership and control of any projects, websites, designs, landing pages, training programs, software, audio, video, text, photographs, and graphics until payment for all projects or retainers has been made. Once the final payment for a project is made or monthly retainer payment is made, the client becomes the owner and gains all property rights to use any and all items provided by Create and Automate in any way the client sees fit.
3. INDEPENDENT CONTRACTOR STATUS.
Jennifer Lamb, Create & Automate with Jenn, under the code of the Internal Revenue (IRS), is an independent contractor, and neither the Create & Automates employees or contract personnel are or shall be deemed, the Client's employees.
In its capacity as an independent contractor, Create & Automate agrees and represents that:
Create & Automate with Jenn has the right to perform Services for others during the term of this Agreement
Create & Automate with Jenn has the sole right to control and direct the means, manner, and method by which the Services required under this Agreement will be performed.
Create & Automate with Jenn shall select the routes taken, starting and ending times, days of work, and the order in which work will be performed.
Create & Automate with Jenn has the right to hire assistants as subcontractors or to use employees to provide the Services under this Agreement.
Create & Automate with Jenn, required by this Agreement shall be performed by Jenn or her employees or personnel, and the Client will not hire, supervise, or pay assistants to help Jenn or her team.
4. BINDING ARBITRATION
If a dispute arises between You and Our Company and/or Website, and if You and Us are unable to resolve the Dispute through informal negotiations, then the Dispute will be finally and exclusively resolved by binding arbitration. Any arbitration will take place in Maryland only. You further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
5. ADDITIONS AND MODIFICATIONS TO THE TERMS
We reserve the right to make changes and additions to these Terms and Conditions from time to time. Any and all changes are effective immediately as soon as we post them on our Website. For retainer clients and membership clients updated Terms and Conditions will be emailed directly to you. If you continue working with Create and Automate with Jenn after we post our changes to the Terms and Conditions to the website or send them to your email, it means that you have read the new Terms and Conditions and understand, acknowledge, and agree to them.
Please note that the pricing of any monthly agreement will never change. Should pricing on monthly agreements (memberships or retainers) increase, you will be grandfathered into the rate that you agreed to and rates for those reoccurring charges will not increase.
Retainer Clients Specifics
Billing starts immediately. If you sign up today your first charge will take place today and will happen on the same day every single month going forward. This means your monthly retainer starts immediately and I can’t wait to get started!
Changes to billing dates. Maybe you're a planner…you might want our monthly billing to hit on a very specific day of the month. That is not a problem, Simply reach out and request a change in your billing date and I will happily make a change to your future billing dates.
Should a payment fail or be missed all projects and services will stop until payment is brought back up to date.
2. Need more than the time allotted in the retainer.
For some clients, 3 hours just isn’t enough time. If you need me for more than the allotted 3 hours, any additional time will be billed at a discounted rate of 25% off my hourly rate or at a 25% discount on a flat-rate project.
Prior to going over the 3 hours in this retainer, I will gain your approval on the cost of the additional work, as well as the length of time it will take me to complete.
Then any amount over the monthly retainer amount will be billed on the 25th of each month, to be paid within 72 hours of receipt of the invoice.
3. Didn’t Use all 3 hours of work for the month.
I get it, some months you might have no projects for me, whereas other months you may have more! This is why I have created the rolling retainer fee!
Any unused retainer fee will roll into the following month and build from month to month…Perfect for those coaches who launch quarterly. This helps to even out your monthly expenses vs. having a massive spike in your expenses every time you launch!
However, if at the end of 3 months, you haven’t used all of your retainer hours, you will have the option of being refunded any unused retainer fees or if you know you have a big project coming up, you can choose to continue to roll your retainer fee into future months!
4. Time Allocations
Typically for non-retainer clients, I’m booked 4 weeks out. But as a retainer client, you take priority!
Before the start of every month, you’ll get an email from me prompting your to-do list for the month. This will help enable me to work my schedule around your needs and agree to a deadline.
But I get it things pop up and you might need some last-minute work.
For any project that will take 1 hour or less, I guarantee it will be completed within 2 business days.
For projects that will take between 1-4 hours, I guarantee they will be completed within 5 business days.
For projects that will take between 4-8 hours, I guarantee they will be completed within 7 business days.
And for projects that will take more than 8 hours a conversation will be needed to set expectations on turnaround time.
5. What Happens Once You’ve Signed Up:
Within minutes of signing up, you will receive an email from you.
In this email, you will receive a copy of the terms and conditions for these retainer services.
As well as a link to book your onboarding call! During this call, we will get started where you’re at! What you need right away and plan for the next several months!
6. How Time Is Tracked and What is Tracked:
Once you become a retainer client I will begin tracking time spent on your projects and helping you.
In an effort for complete transparency, I will share with you a document in which all current and pending projects will be tracked.
In this document, I will include the name of the project and the estimated time to complete said project.
In some cases we may choose to go with a flat rate for a project rather than time spent should that make sense and be more cost-effective.
In this shared document I will also include tracking of our communication: emails, texts, phone calls, and voice notes. No, I’m not going to be a stickler and track quick text or voice notes with super simple questions. However, if we have a lot of super simple text, voice notes, and emails, I have the right to add up each of these each month to account for my time. Communication that takes more than 15 minutes of my time will be accounted for.
You and I will have consistent communication and nothing on this tracking document should feel like a surprise.
And if at any point in time you have a question about time being tracked I ask that you bring it to my attention immediately.
7. Termination of Contract:
Things change, your business changes, life happens and with that means you may need to terminate our contract. I simply ask that you give me a 30-day. I’m also a small business like you, and these 30 days allow me to plan accordingly and wrap up any loose ends with your projects.
Any party can terminate this contract, terms and conditions with a 30-day notice for any reason. A 30-day notice must be sent in writing via email.
ENTIRETY OF THE AGREEMENT
You acknowledge, understand, and agree that these Terms and Conditions constitute the Entire Agreement between the user and the Company and/or Website. Should you have any disagreement with anything outlined in these Terms and Conditions it is your responsibility to bring it to Jenn at Create & Automate’s attention within 7 days of hiring her services.
We welcome you to contact us if you have any questions, concerns, or comments regarding the terms of this agreement.
Create & Automate with Jenn
208 Annasta Terrace, Annapolis, MD 21403
EFFECTIVE AS OF MARCH 1, 2023