Terms and Conditions
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AGREEMENT TO TERMS
These Terms and Conditions of Purchase of Consulting Services constitute a legally binding agreement (the “Agreement”) made between you (hereinafter “you” or the “Client”) and Ajuna Consulting LLC (hereinafter the “Consultant,” “we,” “us” or “our”), concerning your purchase of employment consulting services from the Consultant on this website (the “Site”).
You agree that by accessing the Site for the purchase of employment consulting services, you have read, understood, and agree to be bound by this Agreement. If you do not agree with all of the terms and conditions of the Agreement, then you are expressly prohibited from using the Site and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to the terms and conditions of the Agreement at any time and for any reason.
We will alert you about any changes by updating the “Last updated” date of the Agreement, and you waive any right to receive specific notice of each such change.
It is your responsibility to periodically review the Agreement to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Agreement by your purchase of additional educational consulting services after the date such revisions to the Agreement are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
WHEREAS, the Client is of the opinion that the Consultant has the necessary qualifications, experience and abilities to provide employment consulting services to the Client;
WHEREAS, the Consultant is agreeable to providing such employment consulting services to the Client under the terms and conditions of this Agreement;
WHEREAS, the Client is fully aware of the terms and conditions of this Agreement;
NOW THEREFORE, in consideration of the mutual covenants and promises made by the parties to this Agreement, the Consultant and the Client (individually, each a “Party” and collectively, the “Parties”) covenant and agree as follows:
ARTICLE 1. SCOPE OF SERVICES
1.1 Subject to the terms and conditions of this Agreement, the Client hereby retains the Consultant to perform the consulting services specifically set out in Schedule A attached to this Agreement and made a part hereof (the “Services”). The Client hereby acknowledges that Schedule A may be amended either on the Site or in writing from time to time and the Consultant agrees to render such Services during the term of this Agreement. The Consultant shall render Services at such times and places to be mutually agreed upon by the Client and the Consultant.
1.2 Should the Client request the Consultant to perform additional services beyond what is provided in Schedule A, the Consultant and the Client shall negotiate in good faith with respect to the terms, conditions, and compensation for such additional services. Any agreement for additional services shall be set forth in writing and considered an addendum to this Agreement.
1.3 All Services to be provided by Consultant shall be performed with promptness and diligence in a workmanlike manner and at a level of proficiency to be expected of a consultant with the background and experience that Consultant has represented it has.
ARTICLE 2. CONSULTANT’S OBLIGATIONS
2.1 The Consultant will perform in depth interviews with the Client to thoroughly evaluate the Client and professionally evaluate the Client’s resume and professional qualifications.
2.2 The Consultant will provide information, counseling, virtual training, mock interviews, proprietary tools and assessments to help the Client develop and implement a custom strategy with regards to applying for engineering positions in the United States.
2.3 The Consultant shall comply with all related laws, rules and regulations in the performance of this Agreement.
2.4 The Consultant shall do whatever else is reasonably expected in order to perform its obligations under this Agreement.
ARTICLE 3. NO GUARANTEE
The Consultant does not guarantee the Client employment in engineering positions in the United States.
ARTICLE 4. CLIENT’S OBLIGATIONS
4.1 The Client shall protect the Consultant’s confidential and proprietary information and intellectual property, including but not limited to, its trade secrets, copyrights, trade names, service marks and trademarks, and notify the Consultant if it becomes aware of any unauthorized use of any of the foregoing.
4.2 The Client shall be prepared for any activities or programs by completing any assignments provided by the Consultant.
4.3 The Client shall timely submit accurate and complete information to the Consultant when requested.
4.3 The Client shall timely submit accurate and complete information to the Consultant when requested.
4.4 The Client shall adhere to deadlines the Consultant specifies.
4.5 The Client shall respond to the Consultant’s telephone calls and e-mails promptly.
4.6 The Client shall participate in all scheduled trainings, resume writing, and mock interview sessions.
4.7 The Client has the right to either reschedule or request a refund for a training or mock interview that has been cancelled by the Consultant or the Interviewer.
4.8 The Client shall comply with all related laws, rules and regulations in the performance of this Agreement.
4.9 If the Client fails to comply with the provision contained in this Article 4, the Consultant shall have a right to withdraw from a special activity the Consultant prepared and designed for the Client (the “Activity”) without further notice.
4.10 The Client’s breach and noncompliance of any provision contained in this Article 4 shall be deemed to be a material breach of this Agreement.
ARTICLE 5. TERM OF AGREEMENT AND TERMINATION
5.1 The term of this Agreement shall be in effect from the time of payment either by online purchase or by invoice (the “Effective Date”) and shall remain in full force and effect until the completion of Services or the earlier termination of this Agreement as provided in Article 5.2.
5.2 This Agreement may be terminated only in the event of a material breach by either Party. The non-breaching party shall provide the breaching party with a written notice of such termination. “Material breach” shall include any violation of the terms of Article 4 and an act of gross negligence or willful misconduct by a Party.
5.3 Upon the effective date of termination of this Agreement, all legal obligations, rights and duties arising out of this Agreement shall terminate except for such legal obligations, rights and duties as shall have accrued prior to the effective date of termination and except as otherwise expressly provided in this Agreement.
ARTICLE 6. COMPENSATION
6.1 In consideration of Services to be rendered hereunder, the Client shall pay the Consultant the service fees specified on the Site for the Services to be provided or specified by invoice provided by the Consultant.
6.2 All Services are “prepaid” unless other arrangements are made between the Parties. Therefore, all compensation shall be made before rendering any Services.
6.3 All compensation shall be paid by cash, wire transfer, credit card, Paypal, or any other method determined and agreed upon by both Parties.
6.4 The Consultant shall be entitled to reimbursement for all pre-approved expenses reasonably incurred in the performance of Services.
6.5 Except as otherwise provided in this Agreement, all monetary amounts refereed to this Agreement are in US Dollars.
6.6 All compensation shall be non-refundable unless this Agreement is terminated by the Client pursuant to Article 5. If this Agreement is terminated by the Client pursuant to Article 5, the Consultant will issue an appropriate pro-rated refund to the Client within 30 days of the termination of this Agreement.
ARTICLE 7. OWNERSHIP OF PROPERTY
7.1 In this Agreement the term “Work Product” shall mean all work product generated by the Consultant solely or jointly with others in the performance of Services, including, but not limited to, any and all Activities, information, notes, material, drawings, records, diagrams, formulae, processes, technology, firmware, software, know-how, designs, ideas, discoveries, inventions, improvements, copyrights, trademarks and trade secrets.
7.2 All Work Product shall be the sole and exclusive property of the Consultant and the Client will not have any rights of any kind whatsoever in such Work Product.
ARTICLE 8. CONFIDENTIALITY
8.1 In this Agreement the term “Confidential Information” shall mean the Work Product and any and all information relating to the Consultant’s business, including, but not limited to, research, developments, product plans, products, services, diagrams, formulae, processes, techniques, technology, firmware, software, know-how, designs, ideas, discoveries, inventions, improvements, copyrights, trademarks, trade secrets, customers, suppliers, markets, marketing, finances disclosed by Consultant either directly or indirectly in writing, orally or visually, to the Client. The Client’s resume and any completed job applications submitted to prospective employers of the Client are specifically excluded from the definition of “Confidential Information.”
8.2 Unless otherwise agreed to in advance and in writing by the Consultant, the Client will not, except as required by law or court order, use the Confidential Information for any purpose whatsoever other than in connection with the Consultant’s performance of Services or disclose the Confidential Information to any third party. In any event, the Client shall be responsible for any breach of the terms and conditions of this Agreement.
8.3 Upon the termination or expiration of this Agreement for any reason, or upon the Consultant’s earlier request, the Client will deliver to Consultant all of the Consultant’s property or Confidential Information in tangible form that Client may have in its possession or control.
8.4 The Client hereby acknowledges and agrees that in the event of any breach of this Agreement by the Client, including, without limitation, the actual or threatened disclosure or unauthorized use of Confidential Information without the prior express written consent of the Consultant, the Consultant may suffer an irreparable injury. Accordingly, the Client hereby agrees that (1) the Consultant shall be entitled to monetary damages in the amount equivalent to three times the compensation the Client paid for Services and (2) the Consultant will be entitled to seek specific performance of the Client’s obligations under this Agreement and injunctive or other equitable relief as a remedy for any such breach or anticipated breach without the necessity of posting a bond.
ARTICLE 9. INDEMNIFICATION
The Client agrees to indemnify and hold the Consultant harmless with respect to any claim or actions by third parties against the Consultant based upon materials furnished by the Client or where material created by the Consultant is substantially changed by the Client.
ARTICLE 10. FORCE MAJEURE
10.1 In this Article 10, “Event of Force Majeure” means an event beyond the control of the Parties, which prevents the Parties from complying with any of its obligations under this Agreement, including but not limited to:
- act of God (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods);
- war, hostilities (whether war be declared or not), invasion, act of foreign enemies, requisition, or embargo;
- rebellion, revolution, insurrection, or military or usurped power, or civil war, and
- acts or threats of terrorism.
10.2 Neither Party shall be considered in breach of this Agreement to the extent that performance of their respective obligations is prevented by an Event of Force Majeure that arises after this Agreement is executed.
10.3 The affected Party prevented from carrying out its obligations hereunder shall give notice to the other Party of an Event of Force Majeure upon it being foreseen by, or becoming known to, the affected Party.
ARTICLE 11. GOVERNING LAW
The laws of the State of New Jersey without giving effect to its conflicts of law provisions, shall govern all questions concerning the construction, validity and interpretation of this Agreement and performance of the obligations hereunder.
ARTICLE 12. MISCELLANEOUS
12.1 Entire Agreement
The terms and conditions of this Agreement (including the exhibits and schedules hereto) constitute the entire agreement between the parties with respect to the subject matter hereof and supersede any prior understandings, agreements or representations by or between the Parties, written or oral.
Except as otherwise set forth in the Agreement, no amendment or modification of this Agreement or waiver of the terms or conditions hereof shall be binding upon any party unless approved in writing by such party or by an authorized representative of party.
No party may assign any of its rights or obligations hereunder without the prior written consent of the other party. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, legal representatives, successors and assigns.
Any claims or disputes arising out of this Agreement which cannot be resolved amicably between the Parties shall be settled by submission to the American Arbitration Association (the “AAA”) for binding arbitration to be conducted in Fort Lee, New Jersey. The arbitration shall be conducted by one arbitrator mutually agreed upon by the Parties, or, if the Parties cannot agree, chosen in accordance with the AAA rules, and resolution of the dispute by such arbitrator shall be binding and conclusive upon the Parties. On prior leave of the arbitrator, the Parties may engage in limited discovery, including limited depositions. Any award made pursuant to this Section may be entered in and enforced by any court having jurisdiction, and the Parties consent and commit themselves to the jurisdiction of the courts of the State of New Jersey for the purpose of the enforcement of any such award. The arbitrator shall award attorneys’ fees and costs to the substantially prevailing party. The fees of the arbitrator shall be borne equally by the Parties except that, in the discretion of the arbitrator, any award may include a party’s share of such fees.
12.5 Invalid Provision
In the event that any clause (or any part of any clause) shall be deemed to be illegal or invalid by a competent court or other legal authority then this shall have the effect of invalidity and striking out only that clause (or any part of any clause) only and shall not invalidate this Agreement in its entirety.
1. The purposes of the services to be provided under the Agreement is to assist clients applying for engineering jobs in the United States with the job application process, ranging from writing a resume, to completing applications, to preparing for interviews.
2. The services provided by the Consultant include virtual training. The Consultant does not guarantee that the services will result in employment in the United States.
3. The Consultant’s interviewer (“Interviewer”) will provide the Client with mock interviews simulating actual interviews with prospective employers for training purposes.
4. Due to differences in the time zone of the Client and an Interviewer, it could take few business days to schedule mock interviews or other trainings.
5. Clients are encouraged to provide constructive feedback for the sake of enhancing customer service provided by the Consultant. Upon receiving the feedback, the Consultant will do its best to apply the feedback to enhance its services.