TeRMS OF SERVICE

Effective as of January 1, 2021

The purpose of the Terms of Service (“Policy) by DifferentiatED Consulting, LLC, is to define and clarify the terms that govern everything related to the services rendered by DifferentiatED Consulting as established by DifferentiatED Consulting’s Accounting Department (“Accounting) and Customer Service Department (“Support”). This includes but is not limited to order processing, invoicing, as well as payment collection, For the purposes of the Policy, DifferentiatED Consulting, LLC along with its employees, agents, or representatives will be collectively referred to as “DifferentiatED Consulting”.

This Policy is made with reference to the following facts.

GENERAL

These General Terms and Conditions govern the provision of all services from or on behalf of the Consultant to the Client and apply to all legal relationships between the Consultant and the Client.

These General Terms and Conditions supersede any and all prior oral and written quotations, communications, agreements, and understandings of the parties and shall apply in preference to and supersede any and all terms and conditions of any order placed by the Client and any other terms and conditions submitted by the Client.

Failure of the Consultant to object to terms and conditions set by the Client shall in no event be construed as an acceptance of any terms and conditions of the Client.

Neither the Consultant’s commencement of performance nor the Consultant’s delivery of services shall be deemed or constituted as acceptance of any of the Client’s terms and conditions. Any communication or conduct of the Client which confirms an agreement for the provision of services by the Consultant, as well as acceptance by the Client of any provision of services from the Consultant shall constitute an unqualified acceptance by the Client of these General Terms and Conditions. 

By contracting on the basis of these General Terms and Conditions, the Client agrees to the applicability thereof in respect of future agreements between itself and the Consultant, even if this is not expressly stated.

1. Applicability

This Policy applies to ALL individuals serviced by DifferentiatED Consulting (“Client”). The terms of the Policy apply to all services, orders, and contractual agreements with DifferentiatED Consulting’s Clients.

2. Services/Performance of the Project 

DifferentiatED Consulting offers a variety of academic, professional, and curricular development services to its Clients. DifferentiatED Consulting also offers motivational speaking services for its Clients. 

The Consultant shall determine the manner in which and the person by whom the Engagement will be carried out, taking into account, as far as is feasible, the reasonable requests expressed by the Client.

The Consultant shall complete the Project with reasonable skill, care, and diligence in accordance with the Contract.

The Client hereby accepts that the time schedule allocated for the performance of an Engagement may be subject to change in case of an amendment to the Engagement and/or the services to be provided thereunder after the conclusion of the Engagement.

In case of any change of circumstances under which the Engagement is to be performed which cannot be attributed to the Consultant, the Consultant may make any such amendments to the Engagement as it deems necessary to adhere to the agreed quality standard and specifications. Any costs arising from or related to this change of circumstances will be fully borne by the client. 

In delivering a Presentation we will comply with:

i) all applicable laws;

ii) any occupational health and safety requirements related to the Venue (as notified to us from time to time); and

iii) your reasonable directions (as notified from time to time); and

iv) we will act professionally, ethically, and responsibly at all times.

If requested by you, we will provide a copy of the Presentation Materials to you within a reasonable time before the Dates and Times.

We will notify you as soon as we become aware if:

i) we will be unable to deliver the Presentation in accordance with these Terms; or

ii) a conflict of interest arises in connection with the Presentation.

We will not subcontract or delegate the delivery of the Presentation by the Speaker to anyone else without your prior written consent.

3. Warranty

3.1 Delivery of Service

DifferentiatED Consulting shall provide its services and meet its obligations in a timely and workmanlike manner, using knowledge and recommendations for performing the services, which meet generally acceptable stands in DifferentiatED Consulting’s community and region, and will provide a standard of care equal to, or superior to, care used by services providers similar to DifferentiatED Consulting on similar projects.

3.2 Confidentiality

DifferentiatED Consulting will not at any time or in any manner either directly or indirectly, use for the personal benefit of DifferentiatED Consulting, or divulge, disclose, or communicate in any manner, any information that is proprietary to the Client. This information includes, but is not limited to, address, payment information, and trade secrets. DifferentiatED Consulting will protect such information and treat it as strictly confidential.

Any oral or written waiver by the Client of these confidentiality obligations, which allows DifferentiatED Consulting to disclose the Client’s confidential information to a third party will be limited to a single occurrence tied to the specific information disclosed to the specific third party, and the confidentiality clause will continue to be in effect for all other occurrences.

4. Payment

For all services, the client should provide a form of payment to be kept on file. Any orders that cost $200 or less are exempt from this provision as payment is required to be collected upfront before any service can be rendered.

Other terms of payment according to the type of service or order placed will be applicable as stated below.

4.1 Academic Coaching Services

Payment will be collected upfront for the initial two sessions for the purpose of payment verification. For subsequent lessons, payment will automatically be processed with the form of payment on file once all sessions have been completed for each bi-monthly period.

4.2 Curriculum Writing/Professional Development Services

For orders that cost $200 or less, payment must be collected in full prior to the service being rendered.

For individual orders that cost more than $200, a down payment of $200 or 50% whichever is higher, is required. A form of payment will be kept on file and once the service has been completed, the remaining balance will be processed. Note that the service must be paid in full before the final deliverable is given to the client.

4.3 Small Business Owners and Contractual Clients

Invoices will be sent out on the 30th (or the end) of each month for services rendered during the previous 14 days. Pursuant to no disputes to the invoice, payment will be processed using the payment information on file on the 15th of each month relative to their respective invoices.

4.4 Speaking Engagement Clients

50% of payment will be collected upfront for the purpose of payment verification. Invoices for the balance of the contract will be be sent out within 24 hours prior to the speaking engagement with payment due within 15 days of receipt. 

5. Default on Payment

For payments not successfully processed, the Client will be given an expressed notice for a 30-day payment delinquency and will be granted a grace period of 30 days to provide an updated form of payment. Any invoices more than 60 days overdue will be sent to collections. 

6. Changes to this Statement

DifferentiatED Consulting reserves the right to change this Policy from time to time. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your account, by placing a prominent notice on our site, and/or by updating any Policy information on our page.

Your continued use of DifferentiatED Consulting’s services after such modifications will constitute your (a) acknowledgement of the modified Policy; and (b) agreement to abide and be bound by that Policy.

7. Contact Information

DifferentiatED Consulting welcomes your questions or comments regarding this Terms of Service. If you have any questions, comments, or concerns, please contact

DifferentiatED Consulting, LLC

Email Address: Differentiatedconsulting@gmail.com