Terms and Conditions
These terms and conditions (the “Terms and Conditions”) apply to all engagements and services provided by The Salary Negotiator, L.L.C. (“The Salary Negotiator” or “Business”) to any individual or organization (the “Client”), and constitute the contract for such services. The Salary Negotiator provides career and personal coaching for clients during the job offer and salary negotiation process (the “Services”). The date that the Client requests Services from The Salary Negotiator shall be deemed the start date for the Services. Participation by the Client in the Services constitutes acceptance of these terms and conditions whether in person, in writing, by phone, or by other electronic means. The Client accepts full responsibility for their decisions and course of action, and The Salary Negotiator does not guarantee an increase in compensation.
Performance Based Fees
The Salary Negotiator’s fees are performance-based and the Client is only charged if the Services lead to an increase in the monetary components of the Client’s offer (or current compensation if a negotiation with the Client’s current company), including but not limited to the expected base salary, performance or target bonuses, equity, commissions, and sign-on bonuses (“Total Compensation”). The Salary Negotiator will charge the Client a fee equal to seven percent (7%) of the increased Total Compensation in year one of the offers, which is the difference between the Total Compensation in the first year of the initial offer and the Total Compensation in the first year of the final negotiated offer. The Client agrees to share documentation with The Salary Negotiator confirming the Total Compensation upon receiving the final negotiated offer. The Salary Negotiator’s fees are not contingent on the Client accepting the offer and are charged based on the Services provided. Detailed examples of how The Salary Negotiator’s fees are calculated can be found on the Pricing Page.
Invoicing and Payment
Fees are due and payable by the Client within seven (7) days after the Client receives the final negotiated offer unless otherwise agreed. The Salary Negotiator will issue an electronic invoice via Square, Inc., and the Client agrees to pay the invoice, once received, within seven (7) days of receiving the final negotiated offer unless otherwise agreed. Payment will be made to The Salary Negotiator via the payment options offered by Square, Inc. Unless otherwise agreed or expressly provided herein, all payments for the Services will be irrevocable, non-refundable, and non-creditable.
Late Payment Fees
With respect to the unpaid amount of any invoice not paid by the Client in full within 14-days of receiving the final negotiated offer, a late payment charge of 1% per day (or the maximum amount permitted by law, if less), payable from the due date of the invoice to the date payment is received, shall be due and payable to The Salary Negotiator. In addition, the Client shall indemnify The Salary Negotiator for its costs, including reasonable attorneys’ fees and disbursements, incurred to collect any unpaid amount.
Confidentiality
To use the Services or the website www.thesalarynegotiator.com (“Website”), which is owned and operated by The Salary Negotiator, The Salary Negotiator may seek Confidential Information, or the Client may offer or provide a comment, image, video, audio recording, e-mail address, phone number, street address, billing information, username and password, preferences, interest, assignments or any other personally-identifying information (“Confidential Information”) by submission to The Salary Negotiator. By providing such Confidential Information, the Client expressly grants The Salary Negotiator permission to use and store such information. In turn, The Salary Negotiator will use their best efforts to maintain Confidential Information in a safe, secure, and confidential manner in accordance with these Terms and Conditions and our Privacy Policy.
All Confidential Information will be held in confidentiality and will not be disclosed to third parties, except that The Salary Negotiator may disclose Confidential Information and personally identifiable information as follows:
Pursuant to the terms in the Terms and Conditions, Privacy Policy, and Disclaimer;
If The Salary Negotiator is required to do so by law;
In the good-faith belief that such action is necessary to conform to the law;
To comply with any legal process served on The Salary Negotiator;
To protect and defend our rights or property or those of The Salary Negotiator’s clients or users, and/or;
To act as immediately necessary in order to protect the personal safety of our clients, users, or the public.
The Salary Negotiator will not sell, distribute or lease Confidential Information to third parties unless The Salary Negotiator has the Client’s permission or is required by law to do so.
The Salary Negotiator reserves the right to collect and anonymize compensation, benefits, and job offer details, including but not limited to compensation, company benefits, and vesting schedules, from information or documents shared by the Client. The anonymized information collected may be used to help other clients same as the Client has benefitted from the collective knowledge gathered prior to the Services. Anonymized information collected may be used for advertising and marketing purposes by The Salary Negotiator.
Intellectual Property
The content provided through the Services and on the Website is protected by US Patent and Trademark laws, copyright laws, and other intellectual property laws. This Services and Website contain original work that has been created for the sole use of The Salary Negotiator and is considered intellectual property and is protected under Federal Intellectual Property Laws which prevents unauthorized use of our materials. These materials may include, but are not limited to: trademarked and copyrighted material, as well as any and all original works on our Website and within the content provided in the Services, including but not limited to website design, layouts, templates, scripts, graphics, words, content, information, documents, data, our logo, artwork, color scheme, branding and/or placement of same on Website, to the extent protectable, and any and all other information accessible through the Website or delivered during the Services, which constitutes proprietary information. This protection also includes any and all content that has been delivered during the Services and appears on the Website, including articles, blog posts, strategies, and any other text whether or not authored by us. All proprietary information and content hereinafter identified as (“Content”).
Limited Liability
Except as expressly provided in these Terms and Conditions, The Salary Negotiator makes no guarantees, representations, or warranties of any kind or nature, express or implied with respect to the Services, agreed upon and rendered. In no event shall The Salary Negotiator be liable to the Client for any indirect, consequential, or special damages. The Salary Negotiator has no liability for any loss incurred by any Client, whether financial or otherwise, following commencement of the Services, or for any perceived failure by the Client, whether justified or otherwise, to achieve a material improvement in compensation or to achieve their desired outcomes or goals. Notwithstanding any damages that the Client may incur, The Salary Negotiator’s entire liability under these Terms and Conditions, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to The Salary Negotiator under these Terms and Conditions for all Services provided.
Indemnification
Client agrees to indemnify and hold harmless The Salary Negotiator and its directors, officer, agents, and employees (each, an "Indemnified Person") from and against any damages and will reimburse each Indemnified Person for all reasonable expenses as they are incurred in investigating, preparing, pursuing, or defending any action, arising out of the gross negligence or willful misconduct of any Indemnified Person in connection with the Services rendered or to be rendered pursuant to these Terms and Conditions.
Disclaimer
Content shall be used solely to provide educational information to the Client and all visitors to the Website. Any Content contained on the Website, or content Client receives from the Services, or due to agreeing to an opt-in to an email list, freebie, or otherwise, is solely for educational and informational purposes only. The Salary Negotiator does not guarantee any specific results, changes, gains, outcomes, financial, or legal, through the use of our Website or Services. The Client acknowledges and agrees that the use of our Website or Services is purely voluntary.
The Client acknowledges and agrees that visiting our Website, use of the information contained herein, and requesting to use the Services are done on a voluntary basis. The Salary Negotiator is not responsible or liable for any harm or damage to the Client resulting from direct or indirect use of materials or Content contained on our Website or through our Services. The Client agrees to hold The Salary Negotiator harmless from any damages directly or indirectly resulting from the Client’s use of Content and agrees to not make any claims against The Salary Negotiator herein.
The Client also understands and acknowledges that The Salary Negotiator is not a lawyer, certified accountant, counselor, or any other licensed professional, nor does The Salary Negotiator hold their coaches to be. The Website and the Services provided are not to be relied upon in any way as legal, financial, or business advice. Nothing on the Website or in our Services, nor anything distributed via email is intended to take the place of professional advice received via a consultation with a lawyer, accountant, financial advisor, business consultant, or other experts regarding the details of the Client’s specific business or life.
Dispute Resolution
If a dispute arises out of these Terms and Conditions that cannot be resolved by mutual consent, the Client and The Salary Negotiator agree to attempt to mediate in good faith for up to thirty (30) days after the notice is given. If the dispute is not so resolved, and in the event of legal action, the prevailing party shall be entitled to recover attorney’s fees and court costs from the other party.
Governing Law
The Terms and Conditions shall be governed by the laws of the State of Washington regardless of the conflict of laws principles thereof.
Termination
The agreement ends when all Services have been delivered and final payment has been received. The Salary Negotiator has the right to refuse or immediately terminate the Services at any time, for any reason, with or without notice. Should this occur, no explanation is owed to the Client, nor is this decision subject to any appeals or legal action.
SMS Messaging Terms
If you sign up for SMS messaging from The Salary Negotiator you can expect to receive up to 1-3 SMS messages from The Salary Negotiator per week after signing up. To opt out, reply “STOP” to stop receiving SMS messages from The Salary Negotiator. Message and data rates may apply and vary based on your carrier and/or plan.
Agreement
By requesting Services from The Salary Negotiator whether in person, in writing, by phone, or by other electronic means, the Client agrees to these Terms and Conditions outlined herein.
Contact
Should you have any questions about these Terms and Conditions, please contact info@thesalarynegotiator.com.
WEBSITE DISCLAIMER
The website www.thesalarynegotiator.com (“Website”) is owned and operated by The Salary Negotiator L.L.C. (hereinafter “we” “us” “our”). By entering and using this website, you (hereinafter “you” “visitor” “your”) acknowledge that you have read and agree, understand and accept the terms set out in this Disclaimer. Should you choose not to agree to this disclaimer, you are directed to immediately cease use of this website, articles, blogs, e-mails, videos, social media, or services (collectively “Materials”). Continuing to use this website acknowledges that you are bound by the terms set forth in this Disclaimer.
Terms of Use
By accessing this Website you acknowledge that you are at least 18 years of age and have the required mental capacity to enter into and abide by the terms of this Disclaimer. Use of this Website by anyone under 18 is strictly prohibited by us. By accessing this Website you are agreeing to the terms of this Disclaimer as they appear and are legally bound by them, whether or not you have read them. If at any time you do not agree with this Disclaimer, please cease visiting our Website and do not use our services. This Disclaimer is subject to changes and/or updates, and we are not bound to provide notice of such changes or updates. We reserve the right to make changes or updates at any time and hereby informs all Visitors that the burden is on the Visitor to check the Disclaimer for updates from time to time. By continuing to use Website and the content we produce, you agree to be bound by the most updated version of the Disclaimer, whether or not you have read it. This site and Materials offered are not associated, affiliated, endorsed or sponsored by any other website unless specifically stated herein.
No Legal or Financial Advice
The information, advice, and interactions presented on this Website, including ideas, concepts, suggestions, techniques, and other materials, are educational and informational in nature and are not considered legal or financial advice. We are not licensed to provide legal or financial services. Our services are not and should not be substituted for legal or financial counseling or any other type of professional advice. You should seek appropriate counsel for your own situation.
No Guarantees
The testimonials on this website are actual results and are not intended to represent or guarantee that you or any other person or entity will achieve the same or similar results. You agree that we have not made any guarantees about the results of taking any action, whether recommended on this Website or not. We share educational and informational resources that are intended to help you succeed in career conversations and salary negotiations. You also recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of us.
No Endorsements
This Website may reference coaches and/or experts and may contain links to other websites which are not under the control of and are not maintained by us. We are not responsible for the content of those sites. These links are provided for your convenience, and we do not necessarily endorse the material on these sites and cannot be liable for their content. Visitor’s link to other sites at their own risk and use such sites according to the terms and conditions of use of such sites.
No Professional-Client Relationship
Your use of this Website and implementation of any suggestions or resources is not intended to create a client-coach or any other type of professional relationship between the visitor and us and any of our coaches.
Visitor’s Personal Responsibility
By using this Website, you accept personal responsibility for the results of all your actions. You agree to accept personal responsibility for any harm or damage you suffer as a result of the use or non-use of the information available on this Website.
Errors and Omissions
Reasonable steps have been taken to ensure that the information contained on this Website is accurate, but we cannot represent that this Website is free of errors. The pages contained on this Website may contain technical inaccuracies and typographical errors, and you agree to conduct due diligence to verify any information prior to taking action.
No Warranties
WE MAKE NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THIS WEBSITE. WE FURTHER MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENTS, MATERIALS, DOCUMENTS, PROGRAMS, PRODUCTS, BOOKS, OR SERVICES INCLUDED ON OR THROUGH THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Contact
Should you have any questions about this Disclaimer, please contact info@thesalarynegotiator.com.