Karen Hamou Consulting | Terms & Conditions
These Terms and Conditions outline the commitments and obligations for the Consulting Services provided by Karen Hamou LLC (the "Consultant"). By paying the first and any subsequent invoices, you (the "Client") agree to these legally binding Terms and Conditions (the "Terms and Conditions") which govern your engagement with the Consultant.
1. Consultant Services and Duties
The Client hereby engages, and retains the services of the Consultant, and the Consultant accepts such appointment, to serve as a Consultant and provide the Services (the "Services"), as agreed upon.
The Consultant shall perform the Services in a diligent, timely, faithful, responsible, competent and trustworthy manner and shall exercise due professional care.
The parties shall maintain communication regarding progress.
The Client acknowledges that they are responsible for providing documentation, materials and assistance to the Consultant in relation to the provision of the Services. The Client agrees to do so in a true, prompt and timely manner.
2. Consideration
In consideration of the Services, the Client shall pay the Consultant the rate as agreed upon by the parties (the "Fees").
Services will commence once Fees have been received by the Consultant in full. Furthermore, the Consultant may withhold any additional services until full payment for those services has been received.
The Fees are non-refundable, except as provided in Section 6 of these Terms and Conditions.
3. Obligations
The Consultant agrees to serve as a strategic advisor, providing advice including developing timelines, determining strategic approaches, and providing feedback on content, as necessary, related to the Services.
The Client acknowledges and affirms that they are solely responsible for confirming all external deadlines and requirements, as applicable. The accuracy of such information is the sole responsibility of the Client.
The Client acknowledges and affirms that they are responsible for adhering to the timelines established with the Consultant and for meeting the agreed-upon milestones.
The Client acknowledges and affirms that they are responsible for the accuracy of all data and content and for the final version of all related materials.
4. Warranties and Representations
The Client acknowledges and affirms that the Consultant will not write, draft, compose, or complete essays, letters of recommendation, or any additional materials.
The Client acknowledges and affirms that the Consultant does not guarantee full success of defined objectives related to the Services.
The Client acknowledges and affirms that the Consultant is not obligated to interact with anyone other than the Client and is not obligated to comment on written materials created by anyone other than the Client.
The Client represents that they are engaging the Consultant and utilizing the Services solely for the defined objectives and in good faith.
The use of artificial intelligence tools to draft, generate, rewrite, or substantially modify application materials is outside the scope of the Services.
The Consultant is not obligated to review, edit, provide feedback on, or otherwise engage with materials that have been drafted or materially altered using artificial intelligence tools.
Continued use of artificial intelligence–generated materials may, at the Consultant’s discretion, constitute grounds for termination of the engagement without refund.
The Client represents that all information provided, including biographical details, educational experience, academic performance, academic aptitude test scores, employment history, business milestones and any other relevant information is accurate and true.
If during the engagement the Consultant learns that the Client misrepresented or failed to provide any of the aforementioned information, the Consultant has the right to terminate the engagement immediately.
5. Liability
The Consultant shall not be liable (whether under contract, tort including negligence, or otherwise) to the Client or any third party for any indirect, incidental or consequential damages, including but not limited to loss or damage to business earnings, lost profits, goodwill, or lost or damaged data or documentation arising from the Services.
The Consultant makes no representations or warranties regarding:
Whether the Services will enhance or detract from the strength of the Client’s application or presentation
The likelihood of the Client’s success in achieving predetermined objectives
Any guarantee that the Client will attain predetermined objectives through the Services
6. Term and Termination
The Consultant reserves the right to terminate these Terms and Conditions at any time and for any reason upon written notice to the Client.
In the event of such termination, the Client's sole and exclusive remedy shall be a pro-rated refund of Fees paid, calculated based on the Services delivered, less any administrative fees incurred by the Consultant.
This refund provision shall not apply where termination results from a material breach of these Terms and Conditions.
Sections 3, 4, and 5 shall survive termination of these Terms and Conditions for any reason.
7. Engagement Term and Admissions Rounds
The Services and Fees outlined in this engagement apply solely to the admissions round(s) explicitly agreed upon in writing at the start of the engagement.
The engagement is time-bound and is intended to conclude at the end of the agreed-upon admissions round(s), regardless of delays, pauses, or changes initiated by the Client.
If the Client elects to delay applications to a later admissions round, extend work beyond the agreed-upon timeline, or resume services after the conclusion of the defined engagement period, such services shall require additional fees and, at the Consultant’s discretion, a new agreement or written amendment.
The Consultant’s pricing sheet, including definitions of admissions rounds and scope of services, is incorporated by reference and forms part of these Terms and Conditions.
The Consultant is under no obligation to provide services beyond the agreed-upon admissions round unless additional fees have been paid in full.
8. Law and Jurisdiction
These Terms and Conditions and any dispute arising from them will be governed by and construed in accordance with the laws of the State of Florida, United States of America, without giving effect to any conflict of law provisions.
9. General Provisions
Severability
If any provision of these Terms and Conditions is found to be unenforceable, that provision will be severed and the remainder of the Terms and Conditions will remain in full force and effect.
Entire Agreement
These Terms and Conditions constitute the entire agreement between the Client and the Consultant with respect to the subject matter herein. Any prior agreements or understandings, whether written or oral, shall have no force or effect.
Any waiver, modification or amendment of these Terms must be in writing and signed by both the Client and the Consultant.
Confidentiality
The Consultant shall not disclose any confidential information regarding the Client or the engagement except as requested by the Client or as required by law.
Notice
Any notice under these Terms must be in writing and may be delivered by electronic mail. Notices shall be deemed delivered on the next business day.
Waiver
Failure of either party to enforce any provision of these Terms shall not constitute a waiver of the right to enforce that provision in the future.
Counterparts
These Terms may be executed in multiple counterparts, which together shall constitute one agreement.
By paying the first and any subsequent invoices, the Client agrees to these Terms and Conditions.