You may choose to or we may invite you to submit comments or ideas about improvements to the Heroes and Sidekicks or our products or services ("Ideas"). If you submit an Idea to us, we will presume that your submission was voluntary, unsolicited by us, and delivered to us without any restrictions on our use of the Idea. You also agree that Heroes and Sidekicks has no fiduciary or any other obligation to you in connection with any Idea you submit to us, and that we are free to use your Ideas without any attribution or compensation to you.
Heroes and Sidekicks grants you a limited, revocable, non-exclusive, non-transferable license to access the Heroes and Sidekicks. This license does not include a right to use any of the content and information, including product listings. Your permissions and/or licenses are automatically terminated by any unauthorized use.
The products and services available for purchase with the Heroes and Sidekicks are as follows: Staffing services, marketing services, consultant services. Prices of services are on a case by case basis and are subject to change at any time. Heroes and Sidekicks will honor the rates agreed upon in each contract. All services are on a weekly retainer basis.
This Section 5 applies to Heroes and Sidekicks services. To make payments under this Agreement, understands they they need to set up auto pay for the minimum weekly billing amount and keep it ongoing until the contract is canceled. The first payment will be made and set up on auto pay before the kick off date in the prepaid amount of that week. The following billing cycle will be any time worked over that prepaid amount. Thereafter, the billing will carry on as per usual, charging for the previous either that week's hours worked by the contractor or the minimum that was agreed to. Payments are due every Tuesday. If the payment is not made on Tuesday, contractor/sidekick work will be paused until payment is made. After the transaction, the Client may dispute such a transaction within seven (7) days. After the expiration of this period, he loses such rights. Taxes. The price of the Service includes taxes, fees, surcharges or assessments that currently are or may be imposed, directly or indirectly, by any governmental authority or agency with respect to the Service.
The term of this Agreement will commence on the Effective Date and continue until termination by the party in accordance with the terms of this Agreement.
Staffing clients are required to give Sidekicks a 7 day notice when canceling their engagement. Consulting and marketing clients are required to give a 30 day notice when canceling their engagement. This is cancellation based on changes in their business or needs. The exception is to note that this doesn't apply if a Sidekick commits a malicious act, gross negligence, or resigns.
Either Party may terminate the Agreement with a written notice to the other Party for any purpose. The following are a few sample reasons for termination of service by Sidekicks:
If the Client breaches the Code of Conduct. The lapse of the period of engagement of service, as defined by this Agreement, automatically terminates the Service, unless a continuation thereof is agreed upon. Hourly Projects are deemed continuous, unless and until they are expressly canceled by the Client.
Upon termination of service, the Client assumes the obligation to make all means to obtain all of his/her work files under Sidekick's custody. Any files lost after 30 days from termination of service will not make Sidekicks and/or contractors liable to the Client or any third party.
The termination of Service marks the termination of work relationship between the Client and the contractor. Sidekicks is not accountable to any failure or damage caused by the contractor Agent in his/her dealing with the Client in any form or nature after such termination of service.
Any Agreement between the Client and Contractor, in connection with a service contract, requiring that payment be made outside of Heroes and Sidekicks shall constitute a material breach of the Agreement which justifies a termination of service without refund.
Staffing Client can request for a refund if: contractor is underperforming or not performing to his/her satisfaction or warranties. The Client can also request for a refund in any instance he/she deems fit. In this case, however, Heroes and Sidekicks is not stripped of the right to look into the matter and discern if a refund is indeed proper.
A failure to agree constitutes a dispute which can be brought to the court. See provision on Venue below.
Sidekicks will not issue a refund if the Client fails to comply with this Agreement and all details outlined in the sections above. The refunds are made by Sidekicks to the Client and can take up to 60 days to begin processing.
Maximum refund amount is limited to the cost of the most recent billing cycle, not to exceed a total of 40 hours.
Consulting or Marketing clients will not qualify for refunds unless specified in their contract.
We provide the Heroes and Sidekick without any express, implied, or statutory warranties of title, merchantability, fitness for a particular purpose, noninfringement, or any other type of condition, warranty or guarantee. No data, documentation or any other information provided by Heroes and Sidekicks or obtained by you from or through the Heroes and Sidekicks - whether from Heroes and Sidekicks or another entity, and whether oral or written - creates or implies any warranty from Heroes and Sidekicks to you. Heroes and Sidekicks disclaims any knowledge of, and does not guarantee: (a) the accuracy, reliability, or correctness of any data provided through the Heroes and Sidekicks; (b) that the Heroes and Sidekicks Products will meet your specific needs or requirements; (c) that the Heroes and Sidekicks will be available at any particular time or location, or will function in an uninterrupted manner or be secure; (d) that Heroes and Sidekicks will correct any defects or errors in the Heroes and Sidekicks; or (e) that the Heroes and Sidekicks is free of viruses or other harmful code. Use of data, products or services that you access, purchase or download through the Heroes and Sidekicks is done at your own risk - you are solely responsible for any damage to your property, loss of data, or any other loss that results from such access, purchase or download.
You agree to limit any additional liability not disclaimed or denied by Heroes and Sidekicks in relation to the Heroes and Sidekicks, Heroes and Sidekicks IP, and Heroes and Sidekicks Products, to your direct and documented damages; and you further agree that under no circumstances will any such liability exceed in the aggregate the greater of the amounts paid by you to Heroes and Sidekicks during the three-month period immediately preceding the event that gave rise to your claim for damages, and USD $20. These limitations on our liability to you will apply regardless of the legal theory on which your claim is based, including contract, tort (including negligence), strict liability, or any other theory or basis.
f. Confidentiality: The parties will maintain the confidential nature of the arbitration proceeding, the hearing and the Award, except (i) as may be necessary to prepare for or conduct the arbitration hearing on the merits, (ii) in connection with a court application as contemplated above for a preliminary remedy, or confirmation of an Award or its enforcement, (iii) our disclosure of the Award in confidential settlement negotiations, or (iv) as otherwise required by applicable laws. The parties, witnesses, and arbitrator will treat as confidential and will not disclose to any third person (other than witnesses or experts) any documentary or other evidence produced in any arbitration hereunder, except as required by law or except if such evidence was obtained from the public domain or was otherwise obtained independently from the arbitration.
Heroes and Sidekicks, Inc.
3650 N 100 East
Provo, Utah 84604