These Terms & Conditions (TC) constitute a legal agreement between M. L. Donnellan, Author & Consultant (Donnellan), and the Client (the purchaser of all books and materials, whether downloaded or purchased from Amazon or any other vendor, and anyone who contracts with Donnellan for speaking, consulting or other services).
- Acceptance of Terms
By accepting these TC, electronically or in writing, and/or by ordering, using or engaging Donnellan’s services or materials, including but not limited to, submission of payment or authorization of payment to Donnellan, Client agrees to be bound by these TC. If the Client is doing so on behalf of a nonprofit or other legal entity, the Client represents they have the authority to bind such entity and its affiliates to these terms and conditions, in which case the term Client shall refer to such entity and its affiliates. If such individual does not have such authority, or if Client does not agree to be bound by these TC, such individual and Client must not accept these TC and Client may not use the material or services of Donnellan. Electronic acceptance of the TC shall have the same force and effect as if Client had agreed to the TC in writing. These TCs may be updated from time to time without notice. Client may review the mot current version of the TC at http://www.mldonnellan.com/terms/asp. By continuing to use the materials and services of Donnellan following the update of these TCs, Client agrees to be bound by the most current version of the TC. If Client does not expressly reject the TC at the point of the initial payment, Client agrees to the TC as written and will abide by all legal copyright requirements.
- Electronic Delivery Policy
Donnellan is a website-related business and communicates with its Clients electronically. When a Client accepts the TC, Client consents to receive electronically from Donnellan any notices, downloadable material (purchased and free), agreements, disclosures, or other communications (Notices). Client agrees Donnellan may send Notices to the email address provided by Client to Donnellan and to check the designated email regularly for Notices. All Notices from Donnellan are effective at the time they are sent by Donnellan, regardless of whether the Notice is read or received by Client.
Personal data and certain other information about the Client will be treated as confidential by Donnellan, unless written permission is given by the Client to share with others the Client designates. Donnellan agrees that at all times during the term of any statement of understanding or contract and thereafter, it shall (a) comply with its obligations under all privacy and data security laws in relation to Personal or Company Information (PCI), (b) not use or permit its employees, volunteers or contracted employees to use PCI for any purpose other than performing Services for the Client, (c) afford access by its employees, volunteers or contracted employees to PCI on a need-to-know basis only.
Without limiting Donnellan’s other obligations under this section, Donnellan shall ensure to (i) implement and maintain reasonable security procedures and practices appropriate to the nature of the PCI and take such other actions as are necessary to maintain conformance with industry standards of security and to protect the security and confidentiality of the PCI, and (ii) otherwise keep the PCI confidential in accordance with the terms of this Agreement and any privacy and data security laws.
- Billing Policy and Disputes
Payment for purchase of material is due at date and time of purchase. Consulting, training or speaking services will be billed and due upon transmission of the invoice. Donnellan reserves the right to change prices at any time including material prices and service fees. Donnellan charges up to a $39.00 fee for returned checks and a $200.00 fee to handle unauthorized credit card disputes. If Donnellan does not receive payment in full when due, Donnellan may, to the extent permitted by the law of the state of the billing address on file for Client at the time, charge a late fee of up to 1.5% per month (18% per annum), or a flat fee of $5.00 per month, whichever is greater, or any unpaid balance. Notwithstanding anything contained herein to the contrary, to the extent the applicable charges above exceed the maximum interest rate permitted by law, then the charges shall be the maximum amount permitted to be charged under applicable law. Donnellan may, to the extent permitted by the law of the state of the billing address on file for Client at the time account is sent to a collection agency, also charge Client for any collection agency fees and/or attorney’s fees billed to Donnellan, for collecting unpaid amounts due and owing from Client. Donnellan will not honor limiting notations made by a Client on a check.
If Client wishes to dispute a charge, Client must first contact Donnell an and allow ten (10) business days for a response. To avoid any dispute about Client’s attempt to contact Donnellan, Client must send the request in writing to: Donnellan, 2305 Twickingham Ct., Clermont, FL 34711.
If Client initiates a credit card dispute the decision of the credit card company is made through an arbitration process and the decision of the credit card company shall be binding upon Client.
If the Client cancels a service or order before the work is completed, a cancellation fee of 10% of the total which was to be paid by Client shall be retained by Donnellan or paid to Donnellan, depending on whether or not payment has been made by Client. Client may cancel a service or order with 30-days written notice.
- Disclaimer of Warranties
Client’s use of Donnellan’s material or services is at client’s own risk. Donnellan disclaims to the fullest extent permitted by law all warranties of any kind, whether express or implied, including, but not limited to, quality, expected results, or for any information or advice provided by Donnellan or its contracted employees.
Client understands and agrees that any material downloaded or otherwise obtained through Donnellan’s website or other vendors are done at the Client’s own risk and Client will be solely responsible for any damages to client’s computer system, loss of data or other liability that results from the download of such material. Some states or jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to a Client in such states or jurisdictions.
- Limitation of Liability
Client understands and agrees that Donnellan, its Authorized Dealers, volunteers and contracted employees shall not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, even if Donnellan has been advised of the possibility of such damages. Such limitation of liability shall apply whether the damages arise from the use of or inability to use Donnellan’s services or materials. This limitation shall also apply, without limitation, to the costs of procurement of substitute material or services. Some states or jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to a Client in such states or jurisdictions.
- Tort Claims
Client waives all tort claims against Donnellan, its Authorized Dealers, volunteers or contracted employees. The relationship between the parties is contractual in nature only. Client waives any tort claims that arise by act or omission.
Client agrees to defend, indemnify and hold harmless Donnellan, its Authorized Dealers, volunteers and contracted employees from and against all claims and expenses, including attorneys’ fees that may arise or result from the use of any of Donnellan’s content or services Client submits, posts, transmits, presents or makes available, or arising from or related to contracts, representations, agreements, promises, etc. made between Client and third parties, or arising from or related to Client’s negligence toward third parties.
- Unauthorized Use and Program Licenses
Client will indemnify Donnellan against all claims and expenses arising from uses for which Client does not have rights to or authority to use. Client is and will be responsible for payment of any special licensing or royalty fees resulting from the use of Donnellan’s copyrighted material.
Unless otherwise specifically provided, all notices required or permitted by the TC shall be in writing and in English and may be delivered personally, or maybe sent by email, facsimile or certified mail, return receipt requested to the address set forth below. If Client chooses to send request by email or facsimile, a copy of the request must also be sent by mail to the address below as confirmation of the request:
- L. Donnellan, Author & Consultant
2305 Twickingham Ct.
Clermont, FL 34711
If any court of law, having the jurisdiction to decide on this matter, rules any provision of this TC is invalid, then that provision will be removed from this agreement without affecting the rest of the agreement. The remaining provisions of the agreement will continue to be valid and enforceable.
The TC agreement shall be governed by the laws of the State of Florida. All legal proceedings are to be submitted exclusively to the jurisdiction of the courts in the State of Florida.
- Entire Agreement
With the exception of written agreements for specific events, consulting, training or speaking engagements requiring separate statements of understanding, this agreement constitutes the entire understanding and contract between the parties and supersedes any and all prior oral or written agreements (including, but not limited to, any prior versions of the TC).