TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE. BY USING THIS WEBSITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.
Precision Essay LLC (“PE”) maintains this website as a service to its customers, potential customers, and other interested parties. Please visit us frequently, browse our pages, and download documents, subject to the terms and conditions set out below.
Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this website or any documents displayed on this website, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of PE or such third party that may own the trademark or copyright of material displayed on this website.
PE reserves the right to make changes to document names and content, product specifications, or other information without obligation to notify any person of such changes.
In the event of any conflict between information contained on PE’s website and these Terms and Conditions, these Terms and Conditions will control.
At the sole discretion of PE, authorized representatives of PE may adjust the pricing of PE’s services throughout the course of any given year. Once a Confirmation E-mail (as defined below) has been sent, the pricing for the specific service to be provided, and shall not be adjusted by PE.
PE shall accept your order and payment via an e-mail confirmation (the “Confirmation E-mail”), which shall indicate that (i) PE has agreed to take you on as a client (the “Client”), and (ii) the specific service(s) that shall be provided. PE assumes no obligations until you have received a confirmation e-mail from an authorized PE representative, and PE reserves the right to reject any order for any reason whatsoever.
PE Acknowledgments and Responsibilities
• PE shall use commercially reasonable efforts to advise the Client, as a consultant, with respect to all materials that Client will submit to PE for review, including any written materials that will be a part of any application for admission to one academic institution (the “Application Materials”).
• PE shall provide its comments, whether by e-mail, skype, phone etc., to any drafts of the Application Materials within a reasonable amount of time after receiving such drafts, not to exceed 3 business days.
• PE shall, at all times, treat Client with respect and shall work with Client in a professional manner.
Client Acknowledgements and Responsibilities
• Client agrees that PE is under no obligation to write any of the Application Materials.
• Client shall respond to all PE comments with revised drafts within 72 hours of receiving such comments.
• Client agrees to complete the Application Materials within 60 days of receiving the Confirmation E-mail unless a timetable has been specifically customized and agreed upon prior to the purchase. 60 days after a purchase has been completed, assuming that no additional timetables have been agreed to in writing by both parties, PE’s obligations to Client shall cease.
• Under these terms and conditions, PE Client grants PE a perpetual license to use prior and final versions of Client’s Application Materials, in PE’s marketing materials, which shall include PE’s website. Client shall indicate to PE in writing any information in the Application Materials that Client would like PE to maintain as confidential in PE’s marketing materials.
• Client represents and warrants that the Client has not plagiarized or inappropriately used or obtained any materials or information, including the Application Materials, provided to PE and further represents and warrants that the Client has any and all rights necessary to use and edit materials or information, including the Application Materials, provided to PE. Breach of this representation and warranty may result in an automatic termination of any relationship between PE and the Client.
• Client represents and warrants that all information that has been provided to PE is accurate to the best of Client’s knowledge.
• Client represents that he or she is not a minor and has reached the age of majority in Client’s jurisdiction. In the event that Application Materials are being submitted to PE on behalf of a minor, it is understood and acknowledged that Client is the person who has custody of the minor and is responsible for the well-being of the minor and that Client, not the minor, will be submitting payment and engaging the services of PE.
• To the extent such costs exist, Client agrees to incur the costs of any long distance telephone calls by calling PE or its representatives for any scheduled telephone meetings. Similarly, client agrees to incur costs of wire transmittals, and any other transactional costs associated with the purchasing of PE services.
• Client shall use best efforts to disclose its dissatisfaction, if any, with PE’s services to PE’s representatives and to allow for a reasonable cure period prior to disclosing Client’s relationship with PE to any third party.
• Client acknowledges that as a client, we will occasionally send newsletters via e-mail announcing special offers, news bulletins, and so forth. Client always reserves the right to unsubscribe from this mailing list at any time.
Friends Helping Friends program
• In order to qualify for PE’s “Friends Helping Friends” (aka referral) program, referrer must introduce referee to PE via email before referee purchase.
• Referral discount can not be combined with other promotions, discounts or offers.
• Client acknowledges that neither PE nor its representatives has made any express, implied or other representations or warranties that its services will in any way guarantee client’s admission to any academic institution or any other desired professional outcome.
• By placing an order with PE, client understands that PE disclaims any and all implied or express warranties, including but not limited to, merchantability and fitness for a particular purpose.
• PE updates its security measures regularly to safeguard the users’ experience on Precision Essay’s website. However, it is the user’s responsibility to ascertain whether any information downloaded from this website is free of viruses, worms, trojan horses, or other items of a potentially destructive nature.
By using this website or PE’s services, Client agree to indemnify, hold harmless and defend PE and its representatives from any claims, damages, losses, liabilities, settlements and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that is based on your use of this website or of PE’s services in violation of these terms.
By agreeing to these terms and conditions, the Client and Company both recognize that privacy is of utmost importance both to clients, and to the Company itself. The Company agrees to use all reasonable efforts to protect the identities of clients, past, present, and future. Contact information will never be sold to outside vendors under any circumstances. Similarly, by agreeing to these terms and conditions, Client agrees not to do anything that can be seen as negative, in any way, to affect the reputation or good name of the Company. Any event on the part of a Client, past, past present, or future, which can be construed as slander, will force the Company to take immediate recuperative actions, either directly through the client, or through the admissions committees related to the Client’s applications, or both. These terms and conditions reflect a commitment on the part of both parties, to protect the good names of all parties to the agreement.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL PE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE INFORMATION CONTAINED ON THIS WEBSITE, EVEN IF PE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PE’S TOTAL LIABILITY TO THE CLIENT FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS WEBSITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNTS YOU PAID TO PE, IN THE MOST RECENT 3 MONTH PERIOD PRIOR TO THE INITIATION OF ANY CLAIM, SUIT OR PROCEEDING AGAINST PE, FOR USING THIS WEBSITE. USE OF THIS WEBSITE INCLUDES, WITHOUT LIMITATION, ANY SERVICES THAT PE MAY PROVIDE TO CLIENT AS A RESULT OF CLIENT’S USE OF THIS WEBSITE.
Copyright and Trademark Information
Copyright © 2012 Precision Essay LLC. All rights reserved.
This website, and the information which it contains, is the property of Precision Essay LLC and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, “Precision Essay” is a service mark under the applicable laws of the United States and other countries.
All other product names are trademarks or registered trademarks of their respective owners.
Grounds for Termination of Relationship between PE and Client
• PE may terminate its relationship with Client for any material breach of these terms and conditions at its sole discretion, at any time, provided that a material breach has occurred.
• In the event of any termination initiated by PE, Client shall be entitled to a pro-rated refund of its payment, which shall be calculated at the sole discretion of PE.
• Refunds are available on full packages only (Basic, Junior Deluxe, and Deluxe), on unused portions of the services purchased, and only to clients who pay in full. Those paying installments are not eligible for a refund.
• Refunds will also be paid out based on the implied values of each package. By way of example, if a client signs up for two Deluxe packages for a total cost of $4800 but only completes one package (valued alone at $3600), he will only be entitled to a refund of $1200 ($4800 – $3600) less all other applicable fees.
• All refunds will be subject to a 20% processing fee, withheld from all total refund amounts. No refunds will be offered for partial packages; that is, if a client has already begun a Basic, Junior Deluxe, or Deluxe package, no refund will be available for that package regardless of how much (or how little) of the package has been completed.
• PE guarantees all work to be returned to the Client in 72 hours or less. Please note that this 72-hour period begins at 8AM Pacific Standard Time, and excludes Sundays entirely. By way of example, if a client submits his work at 6AM PST on Thursday, the 72-hour period will expire at 8AM PST on Monday.
• If Client does not sign up for Rush Service and will not be able to complete a package due to time constraints, PE has no responsibilities beyond the Company’s standard 72-hour turnaround.
Clients Participating in the Guarantee Program
For clients who have opted into Precision Essay’s Guarantee Program, once the Company and Client have agreed to a list of schools, all parties will work together per the terms of the Guarantee Program contract that the Client and Company sign. Should the Client not be admitted into any of the programs that were applied to, a refund of 60% of the total paid to the Company will be refunded to the Client, within two months of receiving confirmation that no school applications were successful.
Enforcement of Terms and Conditions
These Terms and Conditions are governed and interpreted pursuant to the laws of Delaware, United States of America, notwithstanding any principles of conflicts of law.
All disputes arising out of or relating to these Terms and Conditions shall be finally resolved by arbitration conducted in the English language in Chicago, Illinois, U.S.A. under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in any federal district court of the United States of America. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, PE shall be entitled to seek injunctive relief, security, or other equitable remedies from the United States District Court for the State of Illinois or any other court of competent jurisdiction.
If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. PE may, at its sole discretion and without notice, revise these terms at any time by updating this posting.
For Additional Information
If you have any questions about the rights and restrictions above, please contact PE at email@example.com.