Client Agreement

This Client Agreement (this “Agreement”), is effective as of the date of purchase (the “Effective Date”), is by and between Meller Marketing LLC (“Service Provider”) and CLIENT (“Customer” and together with Service Provider, the “Parties”, and each a “Party”).

WHEREAS, Service Provider has the capability and capacity to provide certain LinkedIn Coaching services; and

WHEREAS, Customer desires to retain Service Provider to provide said services, and Service Provider is willing to perform such services under the terms and conditions hereinafter set forth;

NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Service Provider and Customer agree as follows:

1. Services. Service Provider shall provide to Customer the services (the “Services”) set out in the statement of work, which is attached hereto as Exhibit A (the “Statement of Work”). The Statement of Work shall not be modified or expanded except by written agreement of the Parties.
2. Fees and Payment. In consideration of the Services, Customer shall pay the fee specified at the time of checkout (the “Fees”). Payment is due in full at the time of purchase. Service Provider shall not be obligated to begin performance of Services until payment has been received in full.
3. Refund Policy. All sales are final. Due to the personalized nature of the Services and the immediate delivery of onboarding instructions and scheduling access, all Fees are non-refundable. Service Provider may, at her sole discretion, offer a credit toward other services or a partial refund in exceptional circumstances, but is under no legal obligation to do so.
4. Customer Responsibilities & Scheduling. Customer acknowledges that the performance of Services depends on Customer's cooperation, including the timely scheduling of the "Discovery Call" and providing necessary profile access or information. Expiration: Services must be initiated (Discovery Call scheduled) within 60 days of the purchase date. Failure to schedule the call within this timeframe will result in the forfeiture of the Fees and the termination of this Agreement, unless otherwise agreed in writing.
5. Limited Warranty and Limitation of Liability. Service Provider warrants that it shall perform the Services:

• In accordance with the terms set out in Exhibit A.

• Using commercially reasonable skill and experience.

• In a professional manner consistent with industry standards.

6. Confidentiality. From time to time during the Term of this Agreement, either Party (as the “Disclosing Party”) may disclose or make available to the other Party (as the “Receiving Party”), non-public, proprietary, and confidential information of Disclosing Party that, if disclosed in writing or other tangible form is clearly labeled as “confidential,” is identified as confidential when disclosed, or which the Receiving Party should reasonably know to be confidential (“Confidential Information”); provided, however, that Confidential Information does not include any information that: (a) is or becomes generally available to the public other than as a result of Receiving Party’s breach of this Section 7; (b) is or becomes available to the Receiving Party on a non-confidential basis from a third-party source, provided that such third party is not and was not prohibited from disclosing such Confidential Information; (c) was in Receiving Party’s possession prior to Disclosing Party’s disclosure hereunder; or (d) was or is independently developed by Receiving Party without using any Confidential Information. The Receiving Party shall: (x) protect and safeguard the confidentiality of the Disclosing Party’s Confidential Information with at least the same degree of care as the Receiving Party would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care; (y) not use the Disclosing Party’s Confidential Information, or permit it to be accessed or used, for any purpose other than to exercise its rights or perform its obligations under this Agreement; and (z) not disclose any such Confidential Information to any person or entity, except to the Receiving Party’s Group who need to know the Confidential Information to assist the Receiving Party, or act on its behalf, to exercise its rights or perform its obligations under this Agreement. If the Receiving Party is required by applicable law or legal process to disclose any Confidential Information, it shall, prior to making such disclosure, use commercially reasonable efforts to notify Disclosing Party of such requirements to afford Disclosing Party the opportunity to seek, at Disclosing Party’s sole cost and expense, a protective order or other remedy.

7. Limitation of Liability. IN NO EVENT SHALL SERVICE PROVIDER BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
8. Choice of Forum & Arbitration. Any dispute arising under this Agreement shall be resolved exclusively through arbitration in Macomb County or Oakland County, Michigan, under the rules of the American Arbitration Association.
9. Entire Agreement. This Agreement, including Exhibit A, constitutes the entire agreement between the Parties and supersedes all prior understandings, whether written or oral.
   
   

****  STATEMENT OF WORK - EXHIBIT A ****

LinkedIn Profile Audit

• Evaluation: A comprehensive review of the Customer's LinkedIn profile with personalized recommendations.

• Deliverables: A PDF review with personal recommendations and a Zoom Recorded Message.

• Timeline: Recommendations will be delivered within seven (7) business days following the completion of the 15-Minute Discovery Call.

• Discovery Call: Service Provider will provide a link to schedule a 15-minute Zoom "Discovery" call immediately following purchase. The Audit cannot be completed without this call.