Terms and Conditions of Use
We provide services under the following terms and conditions. When
you visit CreativeKeystrokes.com or use any of our services, then
you (the “client” or “clients”) accept these terms and conditions.
Please read them carefully.
Pricing and Services.
By using our products and services, you acknowledge that you have
read, understood, and accepted our pricing and services. Of course,
our prices are listed in US dollars.
Terms of Payment.
Payment is accepted via credit card (Visa, MasterCard, American
Express), cashier's check, or money order with verbal or written
project order. Terms are a 60% non-refundable retainer at the time
of your verbal or written project order, with the 40% balance
payable prior to release of your initial set of document proofs.
Project orders are not accepted in any circumstances without 60%
non-refundable retainer. The retainer entitles client to an
electronic or hard copy of Creative Keystrokes' proprietary Resume
Questionnaire, reserves a place in the work schedule, and authorizes
Creative Keystrokes to begin work if possible with whatever
information/materials may be available at that time (e.g., reviewing
previous resume or other materials, compiling notes and questions
for later consultation, reviewing resumes of others with backgrounds
similar to client, etc.).
Client agrees to pay the maximum charges permitted by applicable
state law on returned checks or credit chargebacks, plus legal fees
and other costs of collection.
Project Timeline.
Unless other arrangements are made, client agrees to provide
requested information and/or make himself/herself available for
requested consultations needed to provide services as ordered within
30 days from order date. Client also agrees to provide feedback or
accept work as written within 60 days from the date proofs are
delivered. Additional charges may be incurred at the sole discretion
of Laurie J. Smith for revisions/updates or additional work required
due to extended delays in provision of requested information or
feedback on/approval of proofs. Assuming no delay in required client
input or other circumstances beyond our control, Creative Keystrokes
agrees to make every reasonable effort prepare document
proofs/revisions and/or deliver services and products within the
timeframe estimate provided at the time work order is placed. In any
case, Creative Keystrokes will strive to deliver in a timely manner.
Proofreading and Accuracy.
You are wholly responsible for your career documents' completeness
and accuracy, and for proofreading. We are not liable for any injury
or damage caused by omissions, false statements, or other
inaccuracies.
Creative Keystrokes is not responsible for errors on client's
originals. Client agrees to check all data for accuracy and
completeness. If corrections are needed, client agrees to forward
them via fax or email and, if necessary, follow up via telephone. If
an error is found after final approval, client agrees to pay
additional printing or, where applicable, redistribution/re-posting
costs. Creative Keystrokes is not responsible for errors or
omissions that are "missed" during the proofreading process.
Revisions.
You must review all career documents and notify us of any needed
corrections, additions, or changes within 60 days of our
transmitting initial document proofs to you. If you wish to make
revisions thereafter, then you must purchase an Updated Resume.
Revisions as needed to result in an error-free, accurate, and
effective document are included in the quoted fee (assuming they are
requested within the 60-day timeframe specified above). Once final
approval is given by client, additional writing, reprinting, rework
and/or consultation may incur an additional charge at the discretion
of Laurie J. Smith, with the exception of work provided under
Creative Keystrokes' "Guarantee" (see next section).
Guarantee.
Creative Keystrokes can make no warranty or guarantee as to number
of interviews obtained or length of search until position is
secured, as client's job search methods and persistence,
interviewing skill, market conditions, etc. are not within Creative
Keystrokes' control. However, if, after using the new resume and/or
cover letter aggressively for 30 days (sending out at least 100
resumes to appropriate, viable targets--positions that are known to
be actually still available for which your experience is a close
match and for which the resume was targeted), client is not winning
interviews, we will, if requested: (a) help client examine his/her
search strategy, and (b) if deemed necessary, cheerfully and
promptly revise the document(s) to reflect feedback client has
received and/or changes he/she feels are needed. Client may be
required to supply for Creative Keystrokes’ review copies of up to
12 position announcements for which the resume was submitted. This
guarantee is valid for 120 days after delivery of final, approved
documents.
Refunds.
Refunds of any kind are at the sole discretion of Laurie J. Smith,
except as may be required by law. You acknowledge that our time
spent reviewing your submitted questionnaire, previous resumes,
and/or other career documentation, preparing for and conducting
client interviews, communicating with you, preparing resumes and
other documents, and providing all other products and services, is
compensable.
Retainers are non-refundable except in extreme circumstances and at
the sole discretion of Laurie J. Smith. This is standard in the
industry and has been our longstanding policy for several reasons,
among them being that room is reserved in the work schedule for the
project, which oftentimes means turning away potential engagements
with other clients (revenues that can never be recovered). Upon
engagement, review and development of notes from existing materials
and perusal of other resumes, online information, and printed
materials relevant to your area of expertise and career goals
normally begins. These activities commence prior to receiving
responses to the proprietary questionnaire you received for
completion. Nonrefundable out-of-pocket fees have also been paid to
our credit card processor.
You agree that if our pricing or fee schedules are rejected by a
court or arbitrator, then you will compensate us at the rate of $200
per hour, with a minimum charge of $200. Time beyond the first hour
will be rounded up to the nearest 1/4 hour.
Cancellation, Chargeback Fees, & Refusal of Service.
By purchasing our services, you agree that time is of the essence
and that you expressly acknowledge and waive your right to cancel
this Agreement under applicable state laws. Clients who cancel their
payment may be charged a $100 chargeback fee.
We reserve the right to refuse service to anyone or to cancel
service to anyone.
Electronic Files & Disk Copies.
We provide your career documents in Microsoft Word, ASCII, or .pdf
form. We cannot otherwise guarantee the compatibility of files with
your system or that documents will retain their original formatting
features. Creative Keystrokes does not provide technical support on
document formatting and cannot guarantee system compatibility or
successful transfer. We may keep electronic or paper copies of
documents indefinitely.
Copyright.
We retain the copyright in all resumes and other client documents
that we prepare or create.
Content on this site is our exclusive property or the exclusive
property of our affiliates, and is protected by law. The compilation
of content on this site is our exclusive property and is protected
by law.
We expressly reserve all rights related to our copyrights.
Trademarks and Other Intellectual Property.
CreativeKeystrokes.com, Creative Keystrokes, Creative Keystrokes
Executive Resume Service, Executive-Resumes.com, Executive Resumes
and Career Transition Strategies, and other marks indicated on our
site are our trademarks or other intellectual property. Our
trademarks, trade dress, trade names, brand names, slogans, logos,
graphics, and other intellectual property are protected by law.
Among other things, they may not be used (a) in connection with any
product or service that is not ours, (b) in any manner that is
likely to cause confusion among customers, or (c) in any manner that
disparages or discredits us.
We expressly reserve all rights related to our trademarks and other
intellectual property.
Other trademarks appearing on this site are the property of their
respective owners.
Privacy.
We ask you when we need information that personally identifies you
("Personal Information") such as your name and contact information.
We use your Personal Information to operate our site and services.
We may also inform you of our new features, services, and products.
Your Personal Information is not shared with anyone who does not
work for or with us, except with your permission.
We keep client provided writing samples, resumes, and other
information confidential. Again, they are not shared with anyone who
does not work for or with us, except with your permission.
We “reply to” and re-use return email addresses to answer the emails
we receive and to send follow-up emails. It is your responsibility
to use an email address that is secure and confidential, and we
assume no liability whatsoever for damages or consequences of any
kind that may occur due to your receipt of sensitive information or
documents that are viewed or misused by others at the email address
you have supplied.
We reserve the right to use our work (including resumes and other
work prepared for you) and your questions, comments, and feedback in
instructional, promotional, or other material. We will remove your
Personal Information from any such work.
We may use cookies to count users to our sites but these cookies do
not contain any Personal Information.
For more information, see our full
Privacy Policy on this website, which is incorporated herein by
reference.
License and Site Access.
We grant 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 our express written consent.
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 our express written consent.
You may not frame or utilize framing techniques to enclose any of
our trademark, logo, or other proprietary information (including
images, text, page layout, or form) or that of our affiliates and
our affiliates without express written consent.
You may not use any meta tags or any other "hidden text" utilizing
our name or trademarks without our express written consent.
Any unauthorized use terminates the permission or license granted by
us.
You are granted a limited, revocable, and nonexclusive right to
create a hyperlink to our home page so long as the link does not
portray CreativeKeystrokes.com, its resume writers, its affiliates,
or their products or services in a false, misleading, derogatory, or
otherwise offensive matter. Moreover, you may not use any of our
logos or other proprietary graphic or trademark as part of the link
without our express written permission.
Reviews, Comments, Communications, Essays, Resumes, and Other
Content.
If and when we may provide the capability to do so, visitors may
post reviews, comments, essays, resumes, and other content; send
other communications; and submit suggestions, ideas, comments,
questions, or other information, so long as the content is not
illegal, obscene, threatening, defamatory, invasive of privacy,
infringing of intellectual property rights, or otherwise injurious
to third parties or objectionable and does not consist of or contain
software viruses, political campaigning, commercial solicitation,
chain letters, mass mailings, or any form of "spam." You may not use
a false e-mail address, impersonate any person or entity, or
otherwise mislead as to the origin of a card or other content. We
reserve the right (but not the obligation) to remove or edit such
content, but do not regularly review posted content.
If you do post content or submit material including essays and
resumes, you grant us and our affiliates a nonexclusive,
royalty-free, perpetual, irrevocable, and fully sub-licensable right
to edit, use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, and display such content subject
to the Privacy Policy. You represent and warrant that you own or
otherwise control all of the rights to the content that you post;
that the content is accurate; that use of the content you supply
does not violate this policy and will not cause injury to any person
or entity; and that you will indemnify us and our affiliates for all
claims resulting from content you supply. We have the right but not
the obligation to monitor and edit or remove any activity or
content. We take no responsibility and assume no liability for any
content or text posted or submitted by you or any third party.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.
THIS SITE IS PROVIDED BY CREATIVEKEYSTROKES.COM ON AN "AS IS" AND
"AS AVAILABLE" BASIS.
WE DO NOT WARRANT THAT THIS SITE, ITS SERVERS, OR EMAIL SENT FROM US
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE
USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES EVEN IF WE WERE
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WERE GROSSLY
NEGLIGENT.
IF THE LIMITATIONS SET FORTH IN THIS AGREEMENT ARE HELD INAPPLICABLE
OR UNENFORCEABLE FOR ANY REASON, THEN OUR MAXIMUM LIABILITY TO YOU
FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO $100.00.
In no event will Creative Keystrokes its officers, directors,
employees, editors, and representatives be held liable for any
damages of any kind, including without limitation compensatory,
direct, indirect, or consequential damages, loss of income or data,
loss of or damage to property, and claims of clients or third
parties arising from any client’s rejection from any educational
program, employment offer, or other opportunity of any kind. You
submit writing samples, resumes, and any other material at your own
risk. Further, you agree to hold us harmless from any academic,
administrative, criminal, or civil proceedings.
Applicable Law.
The laws of the state of North Carolina, without regard to
principles of conflict of laws, will govern these Terms and
Conditions of Use and any dispute of any sort that might arise.
Disputes.
All disputes shall be submitted to confidential arbitration in North
Carolina, except that, to the extent you have in any manner violated
or threatened to violate our intellectual property rights, we may
seek injunctive or other appropriate relief in any state or federal
court, 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.
The arbitrator's award shall be binding and may be entered as a
judgment in any court of competent jurisdiction. To the fullest
extent permitted by applicable law, no arbitration under this
Agreement shall be joined to an arbitration involving any other
party subject to this Agreement, whether through class arbitration
proceedings or otherwise.
Site Policies, Modification, and Severability.
We reserve the right to make changes to our site, policies, and
these Terms and Conditions of Use at any time. All modifications to
this Agreement must be made, in writing, by Laurie J. Smith.
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.
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