TERMS OF SERVICE
THESE TERMS OF SERVICE (the “Terms”) provide the terms upon which Creating Space DC LLC (the “Company”) is willing to provide consulting and organization services to you (“you,” or, the “Client”). By engaging the Company to provide services to you and providing payment hereunder, you agree to be bound and abide by these Terms.
1. Scope. In consideration of the fees set forth in the “Services Quote” e-mail transmitted to you by the Company (the “Fees”), the Company agrees to perform the services identified in the Services Quote (the “Services”). Should you authorize the Company to perform services for you beyond the scope of the Services, you agree to compensate the Company at its then-prevailing regular rates.
2. Deposit. The Fees are due and payable in full at the time you engage the Company to perform the Services. Should you cancel or reschedule the Services five or more days before the date on which the Services are to be performed, as stated in the Services Quote (the “Performance Date”), the Company will refund the Fees to you in full. Should you cancel or reschedule the Services within five to two days of the Performance Date, the Company will refund the Fees to you less a $50 service charge, which the Company will retain. Should you cancel or reschedule within 24 hours of the Performance Date, no Fees will be refunded.
3. Consultation. The Services include consultation regarding decluttering and organizing solutions. You acknowledge that the Company provides advice and guidance only, and that you are solely responsible for any final decisions regarding the discard of items. You understand and agree that the Company will not be held liable should your decisions regarding the discard of any given item change at any time.
4. Haul-Away Services. Should you choose to have the Company perform any “Haul-Away Services” – whereby the Company will remove items from the site at which the Services are performed (the “Premises”) for donation and/or recycling at a third-party facility – you understand and agree that (a) you will pay an additional fee for such Haul-Away Services, and (b) the Company will have no liability relating to any item with respect to which Haul-Away Services have been performed after such item has been removed from the Premises.
5. Termination. The Company may terminate these Terms as to the Client for any reason or no reason at all upon fifteen days’ written notice, or immediately upon written notice in the event of the Client’s material violation of these Terms.
6. Limitation on Liability. THE CLIENT AGREES THAT THE SERVICES ARE PROVIDED “AS-IS” AND “AS- AVAILABLE” WITH ALL FAULTS AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND ‒ INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, PERFORMANCE, OR FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT. In no event will the Company, its employees, agents, or third-party suppliers be liable for any indirect, incidental, special, or consequential damages, or damages for loss of profits, or revenue incurred by Client or any third party, whether in an action in contract or tort, even if Company has been advised of the possibility of such damages. In all cases, the Company's liability hereunder, will not exceed the amount actually paid by Client to Company pursuant to these Terms.
7. Independent Contractor. The Company, in rendering performance pursuant to these Terms, will be deemed an independent contractor. Nothing in these Terms creates or is intended to create any employer-employee relationship, joint venture, franchise, or partnership between the Parties.
8. Mutual Indemnification. The Parties mutually agree to indemnify and hold one another harmless as to third parties with respect to any liability that arises out of or relates to their respective conduct or actions in connection with performance of these Terms that results in third-party demands, claims, and/or litigation ‒ except that such indemnification will not apply to the extent any such action is based on either Party’s reckless, willful, or grossly negligent conduct. Neither Party, however, will be liable to the other for any indirect, incidental, special, or consequential damages, however caused. This indemnification will include attorney fees and expenses.
9. Dispute Resolution. These Terms are governed by and construed and interpreted in accordance with the laws of the District of Columbia without regard to choice of law rules. Any claim or dispute associated with or arising out of these Terms will be resolved exclusively by a court having jurisdiction in Washington, D.C. The Parties agree to submit to the personal jurisdiction of the aforementioned courts for the purpose of litigating all such disputes. The Parties waive any objection to the laying of venue for any suit, action, or proceeding in such courts. The substantially prevailing Party in any action arising hereunder or relating hereto will be entitled to recover its costs and reasonable attorneys’ fees. IN NO EVENT WILL EITHER PARTY SEEK TO HAVE ANY MATTER ARISING HEREUNDER OR RELATING HERETO TRIED TO A JURY.
10. Notice. Any notice, request, instruction, or other document to be given hereunder by any Party hereto to any other Party will be in writing and will be sufficiently given if delivered in person, sent by fax or electronic mail, sent by internationally recognized overnight courier service, or sent by registered or certified mail, postage prepaid.
11. Amendment; No Waiver. These Terms may be modified only by a writing signed by both Parties. No waiver of any provision of these Terms or of a breach thereof will be effective unless expressed in a writing signed by the waiving Party. The waiver by any Party of any of the provision of these Terms or of a breach thereof will not operate or be construed as a waiver or breach of any other provision.
12. Severability. If any provision of these Terms or the application thereof will for any reason or to any extent be construed by a court of competent jurisdiction to be invalid or unenforceable, the remainder of these Terms, and application of such provision to other circumstances, will remain in effect and be interpreted so as best to reasonably effect the Parties’ intent.
13. Integration. These Terms constitute the Parties’ entire agreement with respect to the subject matter hereof and supersedes any and all prior written or oral understandings, negotiations and agreements with respect to the subject matter hereof.