Terms of Service

Please review our Terms of Service for products and services that are provided by Beyond PhD Coaching. Please contact us with any questions.

1-on-1 Coaching (Dissertation & Career) Services Agreement

THIS 1-ON-1 COACHING (DISSERTATION & CAREER) SERVICES AGREEMENT (the “Agreement”) is made effective as of the date Client checks the “I agree to the terms of this Agreement” box (the “Effective Date”), by and between: (1) BEYOND PHD COACHING (hereinafter “Consultant”), located at S5320 Cook Hill Road, Viroqua, Wisconsin 54665 and (2) CLIENT (hereinafter “Client”) (collectively referred to herein as the “Parties,” and individually as a “Party”).

RECITALS

WHEREAS, Consultant possesses professional expertise in the fields of PhD dissertation coaching and editing; and

WHEREAS, Client desires to engage Consultant and Consultant accepts the engagement to perform certain PhD dissertation coaching and/or editing services (collectively the “Services”) for Client in accordance with the terms and conditions set forth in this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, Consultant and Client agree as follows:

TERMS OF AGREEMENT

1. RETENTION OF BEYOND PHD COACHING. Client hereby retains Consultant, and Consultant hereby agrees to render the Services to Client upon the terms and conditions as set forth herein.

2. SERVICES OF THE CONSULTANT. The Services provided by Consultant shall include the following:

2.1 Four (4) Monthly 1-on-1 Dissertation Coaching Sessions: Consultant shall provide telephone or Zoom support on a weekly basis to help with the following: (a) interpreting and addressing committee comments; (b) understanding and communicating with their committee; (c) time management; (d) strategic planning; (e) strategic planning; (f) dissertation defense preparation; (g) document review; (g) chapter development; (h) alignment; and/or (i) mindset. The four (4) monthly 1-on-1 Dissertation Coaching Session Program includes four (4) weekly calls per month and four (4) document reviews. To take advantage of the document review offering, client must submit the document to be reviewed at least forty-eight (48) hours before the weekly 1-on-1 coaching session. Consultant shall spend no more than forty-five (45) minutes reviewing any such document before the weekly 1-on-1 coaching session. Any unused calls by the Client shall not roll over into any subsequent month(s).

2.2 Monthly 1-on-1 Postdoctoral Coaching Services: Consultant shall provide telephone or Zoom support on a weekly basis to assist clients with: (a) preparation of job application materials; (b) searching for opportunities; (c) interview preparation; and/or (d) job offer evaluation. The monthly 1-on-1 Postdoctoral Coaching Services include four (4) weekly calls per month and four (4) document reviews. To take advantage of the document review offering, client must submit the document to be reviewed at least forty-eight (48) hours before the weekly 1-on-1 coaching session. Consultant shall spend no more than forty-five (45) minutes reviewing any such document before the weekly 1-on-1 coaching session. Any unused calls by the Client shall not roll over into any subsequent month(s).

DISSERTATION COACHING AND CAREER COACHING SERVICES ARE PROVIDED ON A MONTHLY BASIS. CLIENT MAY CONTINUE UNTIL CLIENT HAS REACHED THEIR GOAL OR STOP THE SERVICES AND RETURN AT A LATER DATE. THERE ARE NO LONG-TERM COMMITMENTS. RATES ARE NOT GUARANTEED.

2.3 Authorized Expenses. Client will reimburse Consultant for all reasonable expenses incurred by Consultant in performing the Services pursuant to this Agreement, only if Consultant receives written consent via email from an authorized representative of Client prior to incurring such expenses and submits receipts for such expenses to Client. Any such authorized expenses shall be invoiced by Consultant to Client in the subsequent month for which they were incurred.

2.4 Additional Services. If, and to the extent that, Client requests Consultant to render services on behalf of Client other than those required to be rendered under this Agreement, such additional services shall be compensated separately at a rate as agreed to by the Parties in a new Statement of Work signed by both of the Parties hereto. The fee for any such additional services shall be added to Client’s submitted invoices to Consultant as described above. If performance by Consultant of the Services is delayed as a result of any failure of Client to provide appropriate information, resources and/or any other reasons causing delay, appropriate adjustments to the applicable project schedule may be made by Consultant and any reasonable costs and/or expenses incurred may be charged by Consultant to Client in Consultant’s sole discretion.

2.5 Client Responsibilities. Client acknowledges that success in any engagement between Client and Consultant is predicated on the participation and availability of the Client. Client is solely responsible for creating and implementing its own decisions, choices, actions and results arising out of or resulting from the consulting relationship contemplated herein. As such, Client agrees that Consultant is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any Services provided by Consultant.

3. SERVICES TO PROVIDED TO CLIENT. Consultant will provide Services as defined in Paragraph 2 in a professional and timely manner. The Parties may at any time modify the scope of the Services by including desired changes in a new “Statement of Work” that explains the changes and the adjustment to the payment for the Services that will result from such changes. Any such Statement of Work shall become effective when signed and dated by both Parties.

4. TERM/SCHEDULING.

4.1 The Parties agree that the Agreement shall remain in effect until terminated by either Consultant and/or Client. Client shall be required to pay for each month of Services in advance. Client and Consultant shall provide thirty (30) days’ prior written notice before terminating the Agreement.

4.2 Any stated delivery or other performance date shall be regarded as an estimated date only, which Consultant shall make reasonable efforts to meet. Consultant shall not incur any liability whatsoever for failing to meet any estimated dates presented in any applicable Statement of Work agreed to hereunder.

5. COMPENSATION OF THE CONSULTANT. For both dissertation and postdoctoral coaching services, a monthly payment of Seven Hundred U.S. Dollars ($700.00) Per Month that shall be paid on the first day of each applicable month. These services include weekly calls (once a week) for four (4) weeks. If the Client cancels a call, Consultant will attempt to reschedule the call that week, but any unused calls do not carry over into the next week and/or month. The monthly payment shall be made in full by Client to Consultant before Consultant begins rendering Services. All payments made hereunder are non-refundable.

6. DISCLAIMER OF WARRANTIES. Notwithstanding anything to the contrary in this Agreement, Consultant makes no warranties and disclaims all warranties, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose with respect to the Services to the extent permitted by applicable law. Consultant makes no representations and/or warranties as to the success of the Services for any purpose or use. Past results are in no way a guarantee of results for any current client of the Consultant. Client hereby disclaims that it is relying upon or has relied upon any representation and/or warranty not included in this Agreement that may have been made by any person, and acknowledges and agrees that Consultant disclaims any such other representations and/or warranties.

7. INDEPENDENT CONTRACTOR STATUS. Consultant is an independent contractor with respect to its relationship to Client. Neither Consultant nor Consultant’s employees and/or contractors are or shall be deemed for any purpose to be employees or contractors of Client. Client shall not be responsible to Consultant, Consultant’s employees and/or contractors, or any governing body for any payroll taxes related to the performance of the Services.

8. LIMITATION OF LIABILITY. Under no circumstances shall Consultant be liable to Client or any third party for indirect, incidental, consequential, special and/or exemplary damages arising from the Services herein contemplated or any provision of this Agreement, such as, but not limited to, loss of revenue or anticipated profit or lost business, costs of delay or failure of delivery, or liabilities to third parties arising from any source. The maximum aggregate liability of Consultant to Client arising out of or in connection with this Agreement shall not exceed the amount of any fees paid by Client to Consultant for the Services described in any applicable Statement of Work. For purposes of this section, “fees” does not include any payments made by Client to thirty-party servicers in connection with the Services provided by Consultant.

9. INDEMNITY. Client agrees to defend, indemnify, and hold harmless Consultant and its officers, directors, agents, affiliates, distributors, representatives, and employees from any and all third-party claims, demands, liabilities, costs and expenses, including reasonable attorneys’ fees, costs and expenses resulting from Client’s material breach of any duty, representation and/or warranty under this Agreement.

10. CONFIDENTIALITY. Neither Party hereto will at any time or in any manner, either directly or indirectly, use for the personal benefit of themselves, or divulge, disclose, or communicate in any manner any information that is proprietary to the other Party (e.g., trade secrets, know-how and confidential information). The Parties will protect such information and treat it as strictly confidential. This provision shall continue to be effective after the termination of this Agreement. Either Party may seek and obtain injunctive relief against the release or threatened release of such information in addition to any other legal remedies which may be available to a Party.

11. ASSIGNMENT. This Agreement is not assignable, in whole or in part, by Client without the prior written consent of Consultant. Any attempt to make such assignment shall be void.

12. ATTORNEYS’ FEES. In any legal action between the Parties concerning this Agreement, the prevailing Party shall be entitled to recover reasonable attorneys’ fees and costs.

13. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining portions of this Agreement shall remain in full force and effect and construed so as to best effectuate the original intent and purpose of this Agreement.

14. GOVERNING LAW & FORUM. This Agreement shall be construed in accordance with the laws of the State of Wisconsin, without regard to conflict of laws rules. Venue shall be in a court of competent jurisdiction in the State of Wisconsin and both Parties expressly consent to jurisdiction in such courts.

15. COMPLETE AGREEMENT & AMENDMENT. This Agreement supersedes all prior agreements and understandings between the Parties for performance of the Services and constitutes the complete agreement and understanding between the Parties. The Parties may only amend this Agreement in a written document signed by both Parties.

BY CLICKING THE “I AGREE TO THE TERMS OF THIS AGREEMENT” BOX AND SELECTING THE SERVICE LEVEL DESIRED BY CLIENT, CLIENT ACKNOWLEDGES AND AGREES THAT CLIENT ACKNOWLEDGES, UNDERSTANDS AND AGREES TO BE BOUND BY THE TERMS CONTAINED IN THIS 1-ON-1 COACHING SERVICES AGREEMENT.

Dissertation Editing Services Agreement

THIS DISSERTATION EDITING SERVICES AGREEMENT (the “Agreement”) is made effective as of the date Client checks the “I agree to the terms of this Agreement” box (the “Effective Date”), by and between: (1) BEYOND PHD COACHING (hereinafter “Consultant”), located at S5320 Cook Hill Road, Viroqua, Wisconsin 54665 and (2) CLIENT (hereinafter “Client”) (collectively referred to herein as the “Parties,” and individually as a “Party”).

RECITALS

WHEREAS, Consultant possesses professional expertise in the fields of PhD dissertation coaching and editing; and

WHEREAS, Client desires to engage Consultant and Consultant accepts the engagement to perform certain PhD dissertation coaching and/or editing services (collectively the “Services”) for Client in accordance with the terms and conditions set forth in this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, Consultant and Client agree as follows:

TERMS OF AGREEMENT

1. RETENTION OF BEYOND PHD COACHING. Client hereby retains Consultant, and Consultant hereby agrees to render the Services to Client upon the terms and conditions as set forth herein.

2. SERVICES OF THE CONSULTANT. The dissertation editing services provided by Consultant shall include the following:

2.1 Consultant shall provide editing services for clients writing their doctoral dissertations. Such dissertation editing services are offered in three (3) different packages: (1) The Basic Package; (2) The Premium Package; and (3) The Ultra-Premium Package.

2.1.1 The Basic Package. The Basic Package includes the following: (a) one (1) complete edit of the client’s doctoral dissertation; (b) two (2) week turnaround time for the edit; (c) one (1) round of revision (this occurs after the initial edit in response to the committee’s feedback); (d) one (1) 1-hour call post-edit; (e) review of spelling, grammar and APA style; (f) review of sentence structure and flow; (g) ensure the document matches up with the rubric or template client provides and meets the client’s university’s requirements based on such rubric or template; (h) make sure the document is in an academic voice and that the document meets the requirements of a dissertation (i.e., alignment, phrasing of research questions, etc.); (i) address committee members’ comments; and (j) review in-text citations (Consultant will not cross-reference with the References Section). The Basic Package DOES NOT include review of the References Section or address any Microsoft Word formatting issues. Such services are only offered as part of Consultant’s Premium and Ultra-Premium services packages. Clients who opt for The Basic Package but want Consultant to perform review of the References Section and/or address any Microsoft Word formatting issues may pay for such additional services separately. CONSULTANT DOES NOT OFFER DISSERTATION WRITING SERVICES. CONSULTANT SOLELY PROVIDES SUGGESTIONS USING THE TRACK CHANGES FEATURE IN MICROSOFT WORD. CLIENT IS SOLELY RESPONSIBLE FOR THEIR DISSERTATION DOCUMENT. Consultant agrees to complete the editing services within two (2) weeks, unless otherwise agreed upon by the Parties. Client must use their one (1) round of revision within ninety (90) days of receiving their edited dissertation document from Consultant.

2.1.2 The Premium Package. The Premium Package includes the following: (a) one (1) complete edit; (b) seven (7) day turnaround time on the edit services; (c) unlimited revision rounds (these rounds occur after the initial edit in response to the committee’s feedback); (d) one (1) 1-hour call post-edit; (e) review of the spelling grammar and APA style; (f) review of the sentence structure and flow; (g) ensure the document matches up with the rubric or template client provides and meets the client’s university’s requirements based on such rubric or template; (h) make sure the document is in an academic voice and that the document meets the requirements of a dissertation (i.e., alignment, phrasing of research questions, etc.); (i) address committee members’ comments; (j) review in-text citations (Consultant will not cross-reference with the References Section); (k) edit the References Section; and/or (l) format the document (upon request). CONSULTANT DOES NOT OFFER DISSERTATION WRITING SERVICES. CONSULTANT SOLELY PROVIDES SUGGESTIONS USING THE TRACK CHANGES FEATURE IN MICROSOFT WORD. CLIENT IS SOLELY RESPONSIBLE FOR THEIR DISSERTATION DOCUMENT. Consultant agrees to complete the editing within seven (7) days, unless otherwise agreed upon by the Parties. Client shall receive unlimited revisions for eighteen (18) months from the date of the first revision. These revision terms only apply to revisions of the dissertation document originally submitted to Consultant. These revisions do not cover any re-writes of the dissertation document. Revisions services of a re-write may incur additional costs and expenses for the client in the sole discretion of Consultant.

2.1.3 The Ultra-Premium Package. The Ultra-Premium Package includes the following: (a) all of the services mentioned above in The Premium Package; (b) membership in the Dissertation Acceptance Program until client graduates (dissertation coaching for your entire program); (c) participate in the Academic Career Accelerator Program which consists of three (3) months of post-graduation coaching; and (d) participate in the Dissertation Defense Program (which includes a mock defense, slide review and feedback).

2.2 Authorized Expenses. Client will reimburse Consultant for all reasonable expenses incurred by Consultant in performing the Services pursuant to this Agreement, only if Consultant receives written consent via email from an authorized representative of Client prior to incurring such expenses and submits receipts for such expenses to Client. Any such authorized expenses shall be invoiced by Consultant to Client in the subsequent month for which they were incurred.

2.3 Additional Services. If, and to the extent that, Client requests Consultant to render services on behalf of Client other than those required to be rendered under this Agreement, such additional services shall be compensated separately at a rate as agreed to by the Parties in a new Statement of Work signed by both of the Parties hereto. The fee for any such additional services shall be added to Client’s submitted invoices to Consultant as described above. If performance by Consultant of the Services is delayed as a result of any failure of Client to provide appropriate information, resources and/or any other reasons causing delay, appropriate adjustments to the applicable project schedule may be made by Consultant and any reasonable costs and/or expenses incurred may be charged by Consultant to Client in Consultant’s sole discretion.

2.4 Client Responsibilities. Client acknowledges that success in any engagement between Client and Consultant is predicated on the participation and availability of the Client. Client is solely responsible for creating and implementing its own decisions, choices, actions and results arising out of or resulting from the consulting relationship contemplated herein. As such, Client agrees that Consultant is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any Services provided by Consultant.

3. SERVICES TO PROVIDED TO CLIENT. Consultant will provide Services as defined in Paragraph 2 in a professional and timely manner. The Parties may at any time modify the scope of the Services by including desired changes in a new “Statement of Work” that explains the changes and the adjustment to the payment for the Services that will result from such changes. Any such Statement of Work shall become effective when signed and dated by both Parties.

4. TERM/SCHEDULING.

4.1 The Parties agree that Agreement shall remain in effect until Consultant has rendered the Services herein and Client has compensated Consultant for all Services rendered in accordance with the terms of Paragraph 5 below.

4.2 Any stated delivery or other performance date shall be regarded as an estimated date only, which Consultant shall make reasonable efforts to meet. Consultant shall not incur any liability whatsoever for failing to meet any estimated dates presented in any applicable Statement of Work agreed to hereunder.

5. COMPENSATION OF THE CONSULTANT. Consultant shall be compensated as follows (based on the service level selected by Client):

a. Basic Service. (a) Single Chapter: $437.00; (b) Proposal (Chapters 1-3): $1,097.00; and (c) Full Dissertation (Chapters 1-5): $1,647.00.

b. Premium Service. (a) Not Applicable; (b) Proposal (Chapters 1-3): $1,647; and (c) Full Dissertation (Chapters 1-5): $2,497.00.

c. Ultra-Premium Package. A one (1) time payment of Seven Thousand and Seven Hundred and Ninety-Seven U.S. Dollars ($7,797.00).

d. All dissertation editing services must be paid for in full before the Consultant renders the dissertation editing services. All payments made hereunder shall be non-refundable.

6. DISCLAIMER OF WARRANTIES. Notwithstanding anything to the contrary in this Agreement, Consultant makes no warranties and disclaims all warranties, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose with respect to the Services to the extent permitted by applicable law. Consultant makes no representations and/or warranties as to the success of the Services for any purpose or use. Past results are in no way a guarantee of results for any current client of the Consultant. Client hereby disclaims that it is relying upon or has relied upon any representation and/or warranty not included in this Agreement that may have been made by any person, and acknowledges and agrees that Consultant disclaims any such other representations and/or warranties.

7. INDEPENDENT CONTRACTOR STATUS. Consultant is an independent contractor with respect to its relationship to Client. Neither Consultant nor Consultant’s employees and/or contractors are or shall be deemed for any purpose to be employees or contractors of Client. Client shall not be responsible to Consultant, Consultant’s employees and/or contractors, or any governing body for any payroll taxes related to the performance of the Services.

8. LIMITATION OF LIABILITY. Under no circumstances shall Consultant be liable to Client or any third party for indirect, incidental, consequential, special and/or exemplary damages arising from the Services herein contemplated or any provision of this Agreement, such as, but not limited to, loss of revenue or anticipated profit or lost business, costs of delay or failure of delivery, or liabilities to third parties arising from any source. The maximum aggregate liability of Consultant to Client arising out of or in connection with this Agreement shall not exceed the amount of any fees paid by Client to Consultant for the Services described in any applicable Statement of Work. For purposes of this section, “fees” does not include any payments made by Client to thirty-party servicers in connection with the Services provided by Consultant.

9. INDEMNITY. Client agrees to defend, indemnify, and hold harmless Consultant and its officers, directors, agents, affiliates, distributors, representatives, and employees from any and all third-party claims, demands, liabilities, costs and expenses, including reasonable attorneys’ fees, costs and expenses resulting from Client’s material breach of any duty, representation and/or warranty under this Agreement.

10. CONFIDENTIALITY. Neither Party hereto will at any time or in any manner, either directly or indirectly, use for the personal benefit of themselves, or divulge, disclose, or communicate in any manner any information that is proprietary to the other Party (e.g., trade secrets, know-how and confidential information). The Parties will protect such information and treat it as strictly confidential. This provision shall continue to be effective after the termination of this Agreement. Either Party may seek and obtain injunctive relief against the release or threatened release of such information in addition to any other legal remedies which may be available to a Party.

11. ASSIGNMENT. This Agreement is not assignable, in whole or in part, by Client without the prior written consent of Consultant. Any attempt to make such assignment shall be void.

12. ATTORNEYS’ FEES. In any legal action between the Parties concerning this Agreement, the prevailing Party shall be entitled to recover reasonable attorneys’ fees and costs.

13. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining portions of this Agreement shall remain in full force and effect and construed so as to best effectuate the original intent and purpose of this Agreement.

14. GOVERNING LAW & FORUM. This Agreement shall be construed in accordance with the laws of the State of Wisconsin, without regard to conflict of laws rules. Venue shall be in a court of competent jurisdiction in the State of Wisconsin and both Parties expressly consent to jurisdiction in such courts.

15. COMPLETE AGREEMENT & AMENDMENT. This Agreement supersedes all prior agreements and understandings between the Parties for performance of the Services and constitutes the complete agreement and understanding between the Parties. The Parties may only amend this Agreement in a written document signed by both Parties.

BY CLICKING THE “I AGREE TO THE TERMS OF THIS AGREEMENT” BOX AND SELECTING THE SERVICE LEVEL DESIRED BY CLIENT, CLIENT ACKNOWLEDGES AND AGREES THAT CLIENT ACKNOWLEDGES, UNDERSTANDS AND AGREES TO BE BOUND BY THE TERMS CONTAINED IN THIS DISSERTATION EDITING SERVICES AGREEMENT

Statistical Analysis Services Agreement

THIS STATISTICAL ANALYSIS SERVICES AGREEMENT (the “Agreement”) is made effective as of the date Client checks the “I agree to the terms of this Agreement” box (the “Effective Date”), by and between: (1) BEYOND PHD COACHING (hereinafter “Consultant”), located at S5320 Cook Hill Road, Viroqua, Wisconsin 54665 and (2) CLIENT (hereinafter “Client”) (collectively referred to herein as the “Parties,” and individually as a “Party”).

RECITALS

WHEREAS, Consultant possesses professional expertise in the fields of PhD dissertation coaching and editing; and

WHEREAS, Client desires to engage Consultant and Consultant accepts the engagement to perform certain PhD dissertation coaching and/or editing services (collectively the “Services”) for Client in accordance with the terms and conditions set forth in this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, Consultant and Client agree as follows:

TERMS OF AGREEMENT

1. RETENTION OF BEYOND PHD COACHING. Client hereby retains Consultant, and Consultant hereby agrees to render the Services to Client upon the terms and conditions as set forth herein.

2. SERVICES OF THE CONSULTANT. The statistical analysis services provided by Consultant shall include the following:

2.1 The Basic Package includes the complete analysis of a client-provided, complete, clean data set in Microsoft Excel format with an adequate sample size, no missing and/or corrupt data, with one (1) dependent variable and up to ten (10) independent variables (using multiple regression, ANOVA or a comparable analysis with another statistical technique). Upon completion of the statistical analysis services, client will receive: (a) outputs of SPSS depicting the analysis; (b) a summary of the analysis performed; (c) the results of the analysis, including predictive mathematical models; (d) the outcomes of hypothesis tests; and (e) a follow-up meeting to ensure client understands everything reported back by Consultant. The statistical analysis services are generally completed in two (2) to three (3) days once begun.

STATISTICAL ANALYSIS SERVICES SHALL BE DELIVERED WITHIN THE TIMEFRAME AGREED UPON DURING THE PARTIES’ DISCOVERY CALL. CLIENT MUST HAVE THEIR 1-HOUR FOLLOW-UP CALL WITHIN TWO (2) WEEKS OF DELIVERY OF THE ANALYSIS BY CONSULTANT TO CLIENT.

2.2 Add-On Statistical Analysis Services. Many clients have specific needs that don’t fit within any of the packages provided above. Consultant makes it easy to add-on additional services so that clients may only have to pay for what a client needs. Some add-on services may include, but are not limited to, the following: (a) prepare the data set for analysis, including the sample size calculation, addressing outliers, and correcting for missing or corrupt data; (b) additional dependent variables; (c) discussion of variables, statistical hypotheses and statistical methods; (d) perform initial sample size calculations; (e) perform post-analysis power analysis; and (f) discuss explanation and interpretation of statistical results.

2.3 Authorized Expenses. Client will reimburse Consultant for all reasonable expenses incurred by Consultant in performing the Services pursuant to this Agreement, only if Consultant receives written consent via email from an authorized representative of Client prior to incurring such expenses and submits receipts for such expenses to Client. Any such authorized expenses shall be invoiced by Consultant to Client in the subsequent month for which they were incurred.

2.4 Additional Services. If, and to the extent that, Client requests Consultant to render services on behalf of Client other than those required to be rendered under this Agreement, such additional services shall be compensated separately at a rate as agreed to by the Parties in a new Statement of Work signed by both of the Parties hereto. The fee for any such additional services shall be added to Client’s submitted invoices to Consultant as described above. If performance by Consultant of the Services is delayed as a result of any failure of Client to provide appropriate information, resources and/or any other reasons causing delay, appropriate adjustments to the applicable project schedule may be made by Consultant and any reasonable costs and/or expenses incurred may be charged by Consultant to Client in Consultant’s sole discretion.

2.5 Client Responsibilities. Client acknowledges that success in any engagement between Client and Consultant is predicated on the participation and availability of the Client. Client is solely responsible for creating and implementing its own decisions, choices, actions and results arising out of or resulting from the consulting relationship contemplated herein. As such, Client agrees that Consultant is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any Services provided by Consultant.

3. SERVICES TO PROVIDED TO CLIENT. Consultant will provide Services as defined in Paragraph 2 in a professional and timely manner. The Parties may at any time modify the scope of the Services by including desired changes in a new “Statement of Work” that explains the changes and the adjustment to the payment for the Services that will result from such changes. Any such Statement of Work shall become effective when signed and dated by both Parties.

4. TERM/SCHEDULING.

4.1 The Parties agree that Agreement shall remain in effect until Consultant has rendered the Services herein and Client has compensated Consultant for all Services rendered in accordance with the terms of Paragraph 5 below.

4.2 Any stated delivery or other performance date shall be regarded as an estimated date only, which Consultant shall make reasonable efforts to meet. Consultant shall not incur any liability whatsoever for failing to meet any estimated dates presented in any applicable Statement of Work agreed to hereunder.

5. COMPENSATION OF THE CONSULTANT. Consultant shall be compensated as follows: Nine Hundred Ninety-Five U.S. Dollars ($995.00) for one (1) variable to be paid before any services are rendered by Consultant. Custom pricing is available for more than one (1) variable or for add-on services. Payment may be split into two (2) installments, one (1) as a deposit and one (1) upon completion. All payments made hereunder shall be non-refundable.

6. DISCLAIMER OF WARRANTIES. Notwithstanding anything to the contrary in this Agreement, Consultant makes no warranties and disclaims all warranties, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose with respect to the Services to the extent permitted by applicable law. Consultant makes no representations and/or warranties as to the success of the Services for any purpose or use. Past results are in no way a guarantee of results for any current client of the Consultant. Client hereby disclaims that it is relying upon or has relied upon any representation and/or warranty not included in this Agreement that may have been made by any person, and acknowledges and agrees that Consultant disclaims any such other representations and/or warranties.

7. INDEPENDENT CONTRACTOR STATUS. Consultant is an independent contractor with respect to its relationship to Client. Neither Consultant nor Consultant’s employees and/or contractors are or shall be deemed for any purpose to be employees or contractors of Client. Client shall not be responsible to Consultant, Consultant’s employees and/or contractors, or any governing body for any payroll taxes related to the performance of the Services.

8. LIMITATION OF LIABILITY. Under no circumstances shall Consultant be liable to Client or any third party for indirect, incidental, consequential, special and/or exemplary damages arising from the Services herein contemplated or any provision of this Agreement, such as, but not limited to, loss of revenue or anticipated profit or lost business, costs of delay or failure of delivery, or liabilities to third parties arising from any source. The maximum aggregate liability of Consultant to Client arising out of or in connection with this Agreement shall not exceed the amount of any fees paid by Client to Consultant for the Services described in any applicable Statement of Work. For purposes of this section, “fees” does not include any payments made by Client to thirty-party servicers in connection with the Services provided by Consultant.

9. INDEMNITY. Client agrees to defend, indemnify, and hold harmless Consultant and its officers, directors, agents, affiliates, distributors, representatives, and employees from any and all third-party claims, demands, liabilities, costs and expenses, including reasonable attorneys’ fees, costs and expenses resulting from Client’s material breach of any duty, representation and/or warranty under this Agreement.

10. CONFIDENTIALITY. Neither Party hereto will at any time or in any manner, either directly or indirectly, use for the personal benefit of themselves, or divulge, disclose, or communicate in any manner any information that is proprietary to the other Party (e.g., trade secrets, know-how and confidential information). The Parties will protect such information and treat it as strictly confidential. This provision shall continue to be effective after the termination of this Agreement. Either Party may seek and obtain injunctive relief against the release or threatened release of such information in addition to any other legal remedies which may be available to a Party.

11. ASSIGNMENT. This Agreement is not assignable, in whole or in part, by Client without the prior written consent of Consultant. Any attempt to make such assignment shall be void.

12. ATTORNEYS’ FEES. In any legal action between the Parties concerning this Agreement, the prevailing Party shall be entitled to recover reasonable attorneys’ fees and costs.

13. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining portions of this Agreement shall remain in full force and effect and construed so as to best effectuate the original intent and purpose of this Agreement.

14. GOVERNING LAW & FORUM. This Agreement shall be construed in accordance with the laws of the State of Wisconsin, without regard to conflict of laws rules. Venue shall be in a court of competent jurisdiction in the State of Wisconsin and both Parties expressly consent to jurisdiction in such courts.

15. COMPLETE AGREEMENT & AMENDMENT. This Agreement supersedes all prior agreements and understandings between the Parties for performance of the Services and constitutes the complete agreement and understanding between the Parties. The Parties may only amend this Agreement in a written document signed by both Parties.

BY CLICKING THE “I AGREE TO THE TERMS OF THIS AGREEMENT” BOX AND SELECTING THE SERVICE LEVEL DESIRED BY CLIENT, CLIENT ACKNOWLEDGES AND AGREES THAT CLIENT ACKNOWLEDGES, UNDERSTANDS AND AGREES TO BE BOUND BY THE TERMS CONTAINED IN THIS STATISTICAL ANALYSIS SERVICES AGREEMENT.