Client has purchased proprietary, copyrighted materials from Kelley Resumes and Wordsmithing (Kelres) that include the items and services described in this purchase agreement.
Professional Credentials and Their Significance
Melissa Kelley CPRW, CEMC (the founder of Kelres) holds the following professional credentials:
CPRW (Certified Professional Resume Writer)
CEMC (Certified Empowerment and Motivational Coach)
As part of retaining these credentials, Melissa must adhere to a professional code of ethics. She must also keep abreast of changes in her field and how they affect best practices, her work, etc. This means that Melissa is a credentialed resume writing and career strategy expert.
The difference between Melissa and "pros" available on Thumbtack, Fiverr, eLance, and similar -- as well as "resume writing sites" like TopResume -- is the same as the difference between a CPA and filing your own taxes. Other equivalents include:
A licensed mechanic fixing your car vs. you and your friends doing so
A professional landscaping company caring for your property vs. the neighbor's kid
A licensed home renovator re-doing ANYTHING at your house vs. the person on the next block who calls themself a "handyman."
ENGAGEMENT OF SERVICES. Client hereby engages and retains Contractor to provide certain services, and Contractor agrees to render such services to Client, from time to time as mutually agreed to by Client and Contractor (the “Services”) and that are described in one or more projects which include specific Deliverables, Descriptions, Timelines, and Fees.
PAYMENT TERMS. Terms are “due upon receipt.” This is industry standard.
REFUNDS. Kelley Resumes & Wordsmithing projects are not refundable. This includes products delivered to include resumes, cover letters, LinkedIn content, digital products or any other delivered products by Kelley Resumes & Wordsmithing, as well as coaching sessions.
GUARANTEE. We guarantee your resume, LinkedIn profile, cover letter, and coaching will meet current resume best practices. We cannot, however, guarantee that our services will get you a job (or an interview) because we can't control the job market or interview process.
ENGAGEMENT AND RESPONSIVENESS POLICY. The Client agrees that they will follow Melissa’s professional instruction and guidance. Furthermore, the Client agrees that while Melissa provides available tools, ideas, advice, and commercially available data, Melissa 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 career documents, coaching, or related action plan.
FEEDBACK/SECOND OPINIONS. The tools in your purchase will, when used in accordance with instructions, craft career documents that meet all current resume writing best practices. Because friends, relatives, coworkers, managers, HR professionals, recruiters, etc. are not necessarily versed in these, only second opinions from resume writers with at least one active professional resume writing credential (such as the CPRW) will be considered authoritative.
OWNERSHIP OF WORK PRODUCT (Work Product = Your new resume, cover letter, and LinkedIn content ONLY; the tools that produced them are Confidential Information and Intellectual Property). Client is and will be the owner of all interests in the product of all work (i.e., resume, cover letter, LinkedIn content) performed under this Agreement (the “Work Product”). Contractor hereby irrevocably sells, transfers and assigns to Client all right, title and interest that Contractor has or will have in and to the Work Product, and Contractor acknowledges that Client owns and will own all such existing and future right, title and interest in and to the Work Product. Notwithstanding the foregoing, Contractor shall be entitled to display Work Product in their portfolio, on their website, or for any other business marketing purposes.
INTELLECTUAL PROPERTY. Neither the Client nor Contractor shall acquire any right, title or interest in any intellectual property owned, licensed or controlled by the other party as of the Effective Date. This includes, without limitation or exception, items like the Interview Passport, Key Skills Builder, coaching videos, any forms provided for the Client to gather information, and any future items that Contractor may develop. Contractor's information is proprietary and copyrighted. This means that Client may not share forms, videos, tools, or any other part of this purchase with anyone. It also means that Client may not create any type of derivative works from these materials.
CONFIDENTIAL INFORMATION. Contractor shall not disclose any of the Client’s confidential information to anyone. This includes all current and future items in Clause 8, “Intellectual Property.” Contractor shall exercise the same degree of care to prevent disclosure of any Confidential Information as it takes to preserve and safeguard its own confidential information but, in any event, no less than a reasonable degree of care.
INDEPENDENT CONTRACTOR RELATIONSHIP. Contractor’s relationship with Client is that of an independent contractor, and nothing in this Agreement is intended to, or should be construed to, create a partnership, agency, joint venture or employment relationship.
SHIPPING POLICY. Melissa Kelley CPRW, CEMC will send all order-related products to the email you provide as an instant download.
ADDITIONAL PROVISIONS. Kelley Resumes & Wordsmithing can make no promise or guarantee of specific outcomes or results. The client maintains full responsibility for their job search and career.
DOCUMENT INTEGRITY. Kelley Resumes & Wordsmithing is not responsible for errors in information or false information provided by Client or for errors discovered after Client has proofread his/her documents and completed their project.
LIMITATION OF LIABILITY. IN NO EVENT WILL EITHER PARTY BE LIABLE FOR DIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY PROJECT IN EXCESS OF THE TOTAL FEES PAID TO CONTRACTOR UNDER THE PROJECT GIVING RISE TO SUCH LIABILITY. IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST WAGES, PROFITS, OR REVENUE) EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
GOVERNING LAW. This Agreement will be governed in all respects by the laws of US as well as the laws of the state of Colorado, excluding conflicts of law principles.
SEVERABILITY. Should any provisions of this Agreement be held by a court of law to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining provisions of this Agreement will not be affected or impaired thereby.