2022 CONTRACT ONLINE PROGRAM AGREEMENT
As referenced in the Written Agreement Section Titled “Acceptance”
Consumer Protection and Guarantee – SC&C operates lawfully under the laws outlined by the Arizona Attorney General and Arizona Statutes which say that “Every employment agent shall reasonably ensure that any representations whatever, whether spoken, written or advertised in printed form, which the employment agent makes with regard to any employment, work or situation, and that lead or may lead persons to seek such employment, work or situation, are true and cover all the material facts affecting the employment in question.” In keeping with writs by the Arizona Attorney General, no verbal or written promise or guarantee of any interview or employment is made or implied, under the terms of this Agreement. The Client agrees that the definitions and terms contained in both the written and online components of this Agreement are considered as one document, and jointly constitute and form the entire Agreement document.
Confidentiality – The Client agrees that proprietary information provided to the Client is confidential (“confidential”). Because of the valuable and proprietary nature of the verbal, written, and online information that is provided to the Client, and because of the Client’s access to substantial and non-recoverable information, data, and databases that are provided by SC&C, and because of the confidential coaching, professional advice, and other services that are provided by SC&C to the Client, and because of the negotiable contractual nature of the Client/SC&C relationship, the Client agrees not to disclose to any third party about SC&C programs without the written permission of SC&C. If the Client shares any unauthorized proprietary information or attempts to profit from the sale or distribution of SC&C’s proprietary information, this will be considered a violation of this Agreement, and SC&C can seek legal recourse and penalties may be applied. Release of any information whatsoever requires written permission from SC&C. At the time the Client signs this Agreement, unless otherwise stipulated by the Client in writing to SC&C, SC&C has the right to host the Client’s Career-WebFolio© and their resume online. The Career-WebFolio© and resume contain Clients’ work history, their career successes, and contact information that Client wishes to make public. The Career-WebFolio© will be viewed by the public. Client gives permission to SC&C to present Client to target companies and to share Client Career-WebFolio© and resume with hiring authorities at those companies. If the Client participates in the ViewPoint© program, the Client gives permission to SC&C to post their material to all appropriate social media and subscriber audiences. The Client agrees to allow SC&C to provide their information to any authorized outside contractors with whom SC&C either works or employs, to assist SC&C and the Client in the proper management of the Client’s job search.
Limitation of Liabilities – In no event will SC&C be liable to Client as its Client, or to any third party for incidental, indirect, exemplary, special, or consequential damages, whether foreseeable or unforeseeable, arising out of, or otherwise relating to, the services or the use or performance of the service, even if SC&C has been advised of the possibility or likelihood of such damages. Without limiting the foregoing, in no event shall the liability of SC&C to Client as its Client, for any claim whatsoever related to the service or services or any order of this Agreement, including without limitation any cause of action sounding in contract, tort, or strict liability, exceed the purchase price of this Agreement or the total amount paid, whichever is less.
Unenforceability – If any provision or provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, Client agrees that the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired.
Copy of Agreement – Client will receive a signed copy of this Agreement.
Jurisdiction – This Agreement shall be subject to and governed by the laws of the State of Arizona, County of Maricopa, regardless that one or more of the parties is now or may become a resident of a different state.
Out of Country Travel or Medical Needs – If the Client travels out of the United States or must schedule an event (such as a medical procedure), it is Client’s responsibility to notify their SC&C Campaign Director and other SC&C team members when the Client plans to be absent from the process for more than ten (10) calendar days. Within the first 120 calendar days of Agreement start date, should Client not, for any reason, communicate by telephone, email, or in writing with SC&C Campaign Director for more than ten (10) calendar days, unless previously agreed on with SC&C Campaign Director in writing, SC&C is authorized to terminate this Agreement, and no refund will be paid to the Client for any money they have paid through the termination notice date.
“Post-Employment and Alumni” Status – When the Client has accepted a new position, or they have formed their own consulting firm or company, or they have found other gainful means of employment prior to the contract terminus date, they will become an SC&C Alumni.
Job Search Responsibility –Prior to signing this agreement the Client discussed with their SC&C Executive Consultant that a successful job search requires hard work and that effort and time must be spent by the Client, in collaboration with the SC&C team, on implementing multiple channels of marketing, defined job search tasks, and diligent client focus on all aspects of the job search process. The Client agrees that they will follow SC&C’s professional instruction and guidance throughout this job search. Furthermore, the Client agrees that while SC&C provides available tools, ideas, advice, and commercially available data, SC&C is not responsible for changing market or economic conditions, job posting changes, Client’s lack of aggressiveness, the amount of time the Client allocates to the campaign, Client’s attitude, or their willingness or thoroughness in implementing their job search action plan.
Worksheets and Gathering Information – Developing an accurate marketing plan begins with collecting information. The client agrees to fill out all SC&C required information-gathering forms, beyond information contained in the Client’s current or past resume(s), in order to help SC&C develop a clear and perceived value for the Client’s brand. The Client agrees that time is of the essence. The Client agrees to submit their information within fifteen (15) business days of signing this Agreement, excluding federal or other recognized holidays. If, due to health or personal circumstances that are beyond the control of the Client, an extension may be granted on a case-by-case basis, but that extension period should not exceed more than twenty(20) additional calendar days. After this time, if the Client has failed to complete their worksheets for submission, SC&C reserves the right to discontinue or suspend Client services and the Client agrees that no refund will be forthcoming for any money paid to SC&C up to that point in time.
Number of Document Revisions – In the event the client, during the drafting process, is not satisfied with the original documents provided, SC&C will provide one re-draft of each document. Once a Client has approved their documents, they sign an approval form and then any additional changes to those documents will be billed for the post-approval changes.
Target Company Research & Selection – The SC&C target company development approach accomplishes three things. It helps to construct a more effective search strategy, it helps build a more focused list of target companies, and it accelerates the targeting process. The Client and their Campaign Director will actively collaborate in this important phase of the search process.
Target Company Discussion – The client will discuss company targeting with their Campaign Director. This discussion covers the client’s core competencies, key skills, work history, projected branding strategy, geographical desires, and ideal company profile information.
Target Company Online Forms – The Client will complete SC&C’s online forms. This will generate lists of companies for the Client’s review. The Client will continue to refine the list(s) with their Campaign Director and identify selections which will be forwarded on to the Client’s Candidate Marketing Consultant.
Target Company Substitution – At any time, the Client may substitute companies of their choosing for those already contained in their initial target list. However, once a target company has been contacted, it may not be removed from the list, replaced, or substituted.
Multiple Target Company Sources – There are multiple sources of target companies. These may include, but are not limited to: a) companies identified prior to or during the Client joining the SC&C program; b) companies that SC&C assists the Client in identifying using SC&C databases; c) “spot opportunities” at companies the Client identifies during the campaign that require two actions: timely calling by SC&C’s recruiting and Client Marketing professionals to present their candidacy; and d) “opportunity research” companies that the Client presents to SC&C for SC&C to contact. SC&C does not have access to unlisted or unposted job openings that are not already available on the worldwide web.
Target Company List Finalization – The Client agrees that they will work diligently with their SC&C Campaign Director to finalize a list of target companies.
Presentation to Target Companies – The SC&C Client Marketing Consultant will introduce the Client to companies on the Client’s target company list using the Client’s resume and SC&C Career-WebFolio©. The Client agrees that the SC&C target company presentation process does not take precedence over but is only one component of multiple channels of marketing the Client will execute during their job search. SC&C will train the Client how to properly follow up with target companies. It is the responsibility of the Client to follow
up on all target company introductions made by SC&C as well as any other companies they target on their own during their job search campaign. Companies are in different stages of hiring and their willingness to accept candidates varies based upon economic market factors and job specific criteria. Correspondingly, no recruiting company has contacts at tens of millions of U.S. companies, including SC&C. Therefore, SC&C cannot, in advance of a call or other communication form, determine the level of interest any given company may have.
Marketing & Activity Plan – The Client agrees that employment comes from many sources. These include the Client’s own LinkedIn activity, executive recruiters, contingency recruiters, job boards, networking, personal contacts, association and organization memberships, and the SC&C candidate marketing process, to name a few. The Client agrees they will work actively, under the direction of their SC&C Campaign Director, to manage all channels of marketing available to them.
Career-WebFolio© Hosting – SC&C will host the Client’s Career-WebFolio© for the full term of this Agreement, even if the Client secures a position before the expiration date of this Agreement. If the Client cancels or discontinues the agreement or fails to complete all scheduled payments, SC&C will discuss hosting options with the Client.
Master Interview – For those clients who choose The Master Interview as part of their SC&C program, the activity is designed to provide the Client with an intense, 4+ hour recorded review of the Client’s market strategy, intense behavioral competency interviewing, general interview control methods, and effective negotiation strategies. Combined, these enable SC&C to better position and assist the Client in improving their Value-Add proposition and developing successful negotiation strategies that directly impact the overall income package the Client may expect. At least two of these interview sessions will be recorded and the client will receive a copy of each.
Communication of Planned Absence – The SC&C Campaign Director and other members of the Client’s SC&C team work simultaneously with multiple clients. The Client agrees to provide a 48-hour notice to the SC&C team member with whom they have scheduled a meeting. If the Client misses or cancels a total of three scheduled meetings without 48-hour notice to the Campaign Director, or a member of the Client’s support team, SC&C may suspend client services, and has the right to terminate this Agreement and no refund will be available to the Client.
Value of SC&C Services and Refund Policy – The Client agrees that SC&C provides the Client personal access to SC&C’s proprietary, extensive, non-recoverable, and highly valuable databases, information, professional coaching, program administration, and job search management services (“deliverables”). No refund will be provided to the Client for “deliverables” that are in the process of being initiated, that are in the process of delivery, or that have been delivered or provided to the Client. The value of these deliverables is solely determined by SC&C.
Payment of Fees Due – Suspension – The Client agrees that they will make all payments on time and as defined in the written payment section in this Agreement. At any time, should the Client fail to make a payment SC&C can suspend all services and terminate this agreement, and any SC&C obligations to the Client under the terms of this Agreement will end and no refund will be available to the Client.
Temporary On-Hold Request – SC&C recognizes that life’s circumstances may interfere with the execution of a Client’s job search program and strategies. To this end, any Client may request an on-hold status for the following reasons: Financial Need, Personal /Family Medical Situation, Temporary Contract Work due to Client’s stated financial needs, or International Travel. The Client agrees that they are entitled to only one on-hold request during their SC&C program. The length of the hold and the terms of the on-hold period are at the sole discretion of SC&C. The Client will be provided with an On-Hold Request form that certifies their request need and SC&C’s approval terms. When the approved on-hold extension period is over, SC&C will reinitiate services to the Client. However, before services can be restarted, the Client agrees to make their next scheduled payment, if one is due. Then SC&C will restart their program. Subsequent to that, the payment schedule stated in this contract will apply. No on-hold extension requests will be granted to Clients who secure a new employment situation, or start their own business, and wish to “try out” their new position.
SC&C 72-Hour Cancellation and Refund Policy – If for any reason a Client requests a refund within seventy-two (72) hours from the date and time they sign this agreement, the Client is entitled to a refund of 100% of any money they have paid to SC&C. The Client will request their seventy-two-hour period refund in writingand deliver such a notice to SC&C via either email or the United States Postal Service (U.S.P.S). Upon qualification for a refund, any money owed to Client will be paid in three equal amounts over a 90-day period. Refund checks will be sent via the U.S.P.S. To receive a refund, Client must sign and return to SC&C a release form (prepared by SC&C) that fully releases SC&C from any liability or claim related to this Agreement and the work performed by SC&C on Client’s behalf.
Post 72-Hour Cancellation Continuing Obligations and Signed Release – If at any time and beginning on day four from the signed date shown in this Agreement, the Client desires to cancel SC&C’s services, the Client may send an email or a scanned letter requesting that their services be cancelled. Upon receiving a request to discontinue services, SC&C will send the Client a release form to fill out, sign, and return to SC&C. The Client agrees to sign and return the SC&C release form. When SC&C receives the signed release document, the Client is released from any further financial responsibility, except that if the Client receives employment within 15-days prior to their next payment, the Client agrees that SC&C will have either been preparing to deliver, or are in the process of delivering services and SC&C is entitled to collect the next payment due. Following that payment, no further payments will be due to SC&C. Likewise, SC&C is released from any liability or claim related to this Agreement and the work performed by SC&C on Client’s behalf.
The Client agrees that once any deliverables have been initiated, performed or executed on behalf of the client and once access has been granted to the client to SC&C’s proprietary information, no refund for prior payments is available to the Client, including no refund for any unused target companies. If the Client submits a cancellation notice, the Client shall have no further financial obligation to SC&C except for those items which had been delivered after the date of a missed or canceled payment and are therefore still owed to SC&C, and SC&C will have no obligation to provide services to the Client. Should SC&C, in its sole discretion, determine that money is owed to the Client for a specific service component or add-on to a package, such as developed LinkedIn Profile Content or a Master Interview that was not delivered, any money returned to a Client will be divided into three equal parts and paid in three equal check amounts over a 90-day period. Checks will be sent to the Client via the U.S.P.S. To receive a return of any money, the Client must sign and return the official SC&C release form releasing SC&C from any liability or claim related to this Agreement and all work performed by SC&C on Client’s behalf.
Database Accuracy – SC&C contracts with nationally known and highly-respected database providers. SC&C has found that, historically, databases are slow in amassing up-to-the-minute data. Moreover, our database contractors will not guarantee the accuracy of their data to SC&C. Therefore, SC&C does not guarantee to the Client the complete accuracy of any database information provided to SC&C by database providers or contractors. SC&C has found over the years that database accuracy falls within the 60%-70% accuracy rate range, with exceptions, depending on the database. Again, this is determined by a specific database’s history and track record for gathering and maintaining timely and accurate data collection when gathering or entering corporate data and executive Information.