Perch Terms and Conditions

The best work comes out of great relationships. Honesty, respect and gratitude are the keys to a great relationship and therefore we have an interest in treating each other with these values at all times. As much as legal documents are important, what truly binds us is our drive to do great work with great people and to develop a relationship of mutual respect and trust.

Our discussions may include my time and financial estimates for your strategic planning, along with advice about how to navigate the situations for your best outcome. In renovation and real estate, as in life, there are no guarantees. Labor and material costs vary, the business models and practices of construction companies vary, pandemic supply chains loom and surprises lurk behind the walls or under the floor. Perch will do its very best to prepare you for what to expect and to prepare you to make informed decisions that put you in control, offering its best view from this moment in time.

Acceptances

By purchasing a Perch Power Hour, you agree to these Terms and Conditions. As the purchaser, you are referred to in these Terms and Conditions as “Client” and Perch Home Consulting LLC is referred to as “Contractor”.

Client agrees to cooperate and to provide Contractor with everything needed to complete the Services as, when and in the format requested by Contractor 

Contractor has the experience and ability to do everything Contractor agreed to for Client and will do it all in a professional and timely manner. Contractor will endeavor to meet the expectation for Services to the best of its abilities.

Warranty

Contractor warrants that: (i) the Services will be performed in a professional and workmanlike manner and that none of such Services or any part of these Terms and Conditions is or will be inconsistent with any obligation Contractor may have to others; (ii) none of the Services or Inventions or any development, use, production, distribution or exploitation thereof will infringe, misappropriate or violate any intellectual property or other right of any person or entity (including, without limitation, Contractor); (iii) Contractor has the full right to provide Client with the assignments and rights provided for herein; (iv) Contractor shall comply with all applicable laws in the course of performing the Services and (v) if Contractor’s work requires a license, Contractor has obtained that license and the license is in full force and effect.

EXCEPT AS SET FORTH IN THESE TERMS AND CONDITIONS, CONTRACTOR DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, COMPLETENESS OR RESULTS TO BE DERIVED FROM THE WORK.

EXCEPT AS SET FORTH HEREIN, ALL DELIVERABLES ARE DELIVERED ON AN “AS-IS” BASIS.

Confidentiality and Non-disclosure

Each party shall maintain, in the strictest confidence, all Confidential Information (as defined in the next sentence) of the other party. “Confidential Information” means all (i) nonpublic information (at the time of disclosure) disclosed by one party to the other party under these Terms and Conditions, provided such information is marked or indicated by the disclosing party to be confidential; (ii) and any information which ought reasonably be considered confidential with regard to the circumstances surrounding disclosure, whether or not such information is marked “Confidential”.

In the event a party is required to disclose Confidential Information pursuant to a judicial or other governmental order, such party shall, to the maximum extent permitted by law or opinion of counsel, provide the other party with prompt notice prior to any disclosure so that the party or its client may seek other legal remedies to maintain the confidentiality of such Confidential Information.

Each party receiving Confidential Information shall be responsible for any breach of this provision that is caused by any of its employees, affiliates, representatives or agents and such party agrees to indemnify and hold harmless the other party from and against any liabilities, claims, damages, losses, costs and expenses resulting, directly or indirectly, from any breach by a party, or any of its employees or independent contractors, of any provision of these Terms and Conditions. The obligations of this Section shall survive termination of these Terms and Conditions for a period of 3 years.

Ownership and License

Client agrees that Contractor retains ownership of all deliverables and materials developed pursuant to these Terms and Conditions (including, without limitation, all presentations, writings, ideas, concepts, designs, text, plans, and other materials that Contractor conceives or develops in connection with Contractor’s services for Client, including all materials incorporated therein whether such materials were conceived or created by Contractor individually or jointly, on or off the premises of Client, or during or after working time), and Contractor grants Client the license to use the work product in the following way(s) upon payment of all fees due to Contractor pursuant to these Terms and Conditions:

A worldwide, irrevocable non-exclusive, royalty free, sub licensable, non-attribution license to use, modify, create derivative works, or otherwise exploit the work product.

Relationship of Parties

Nothing contained in these Terms and Conditions shall be construed to create a partnership, joint or co-venture, agency, or employment relationship between Contractor and Client. Both Parties agree that Contractor is, and at all times during these Terms and Conditions shall remain, an independent contractor.

Payment Terms

Client understands payment reflected on the sales checkout page is due at time of booking to reserve a time. Payment is non-refundable. Rescheduling an appointment must take place 24 hours prior to the appointment. Email about rescheduling at Erika@perchplanning.com, along with any further questions.

Indemnification and Limitation of Liability

TO THE MAXIMUM EXTENT ALLOWABLE BY LAW, CONTRACTOR SHALL NOT BE LIABLE TO THE CLIENT FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOST PROFIT, LOSS OF BUSINESS OR THE LIKE) ARISING OUT OF OR RELATING TO THIS TERMS AND CONDITIONS OR THIS AGREEMENT, CONTRACTOR’S PERFORMANCE HEREUNDER OR DISRUPTION OF ANY OF THE FOREGOING, EVEN IF CLIENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE CAUSE OF ACTION, WHETHER SOUNDING IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE. TO THE MAXIMUM EXTENT ALLOWABLE BY LAW, CONTRACTOR’S AGGREGATE LIABILITY UNDER THIS TERMS AND CONDITIONS AND THIS AGREEMENT SHALL IN NO EVENT EXCEED THE AGGREGATE COMPENSATION PAID BY CLIENT TO THE CONTRACTOR UNDER THIS AGREEMENT.

Right to Authorship Credit

Both Parties agree that when asked, Client must properly identify Contractor as the creator of the deliverables. Client does not have a proactive duty to display Contractor’s name together with the deliverables, but Client may not seek to mislead others that the deliverables were created by anyone other than Contractor.

Client hereby agrees Contractor may use the work product as part of Contractor's portfolio and websites, galleries and other media solely for the purpose of showcasing Contractor's work but not for any other purpose. Contractor will not disclose Client’s personal information including address.

Contractor will not publish any confidential or non-public work without Client’s prior written consent.

Governing Law and Dispute Resolution

These Terms and Conditions and any dispute arising hereunder shall be governed by the laws of the jurisdiction of Contractor’s primary business location (the “Contractor’s Jurisdiction”), without regard to the conflicts of law provisions thereof. For all purposes of these Terms and Conditions, the Parties consent to exclusive jurisdiction and venue in the courts located in the Contractor’s jurisdiction.

The failure of either party to enforce its rights under these Terms and Conditions at any time for any period shall not be construed as a waiver of such rights.

Force Majeure

No failure or omission by a party in the performance of any obligation under these Terms and Conditions shall be deemed a breach of these Terms and Conditions or create any liability if such failure or omission shall arise from any cause or causes beyond the reasonable control of such party which cannot be overcome through that party’s reasonable diligence, e.g., strikes, riots, war, acts of terrorism, acts of God, severe illness, invasion, fire, explosion, floods and acts of government or governmental agencies or instrumentalities.

Notices

Any notices to either Party made pursuant to these Terms and Conditions shall be made and sent (i) via US mail or a nationally recognized carrier to the other Party’s address on file; (ii) or via e-mail to the other Party’s designated representative. Each Party shall have an independent obligation to provide and update, as necessary, the mail and e-mail address on file for such notices. Notices sent by e-mail shall be deemed effective once sent if no error or “bounce back” has been received within twenty-four (24) hours of submission.

Appropriate Conduct

Client and Contractor will seek to maintain a professional relationship that is free from harassment of any kind and from any other offensive or disrespectful conduct. If at any time during the term of these Terms and Conditions Contractor believes that he/she has been subjected to harassing behavior on the part of Client, Contractor will notify Client immediately and demand that appropriate actions will be taken to correct the matter. In the event that the reported behavior continues following Contractor’s second notice, such behavior will constitute a breach of these Terms and Conditions and entitle Contractor to terminate these Terms and Conditions in accordance with the Agreement’s Term and Termination Clause, and be paid in full for the ordered project or for the planned monthly service hours, as applicable, without limiting any other right or remedy available to Contractor by law.

Miscellaneous

The section and subsection headings used in these Terms and Conditions are for convenience only and will not be used in interpreting these Terms and Conditions. Both parties have had the opportunity to review these Terms and Conditions and neither party will be deemed the drafter of these Terms and Conditions for the purposes of interpreting any ambiguity in these Terms and Conditions. In the event that any provision of these Terms and Conditions will be determined to be illegal or unenforceable, that provision will be first revised to give the maximum permissible effect to its original intent or, if such revision is not permitted, that specific provision will be eliminated so that these Terms and Conditions will otherwise remain in full force and effect and enforceable.