Terms and Conditions ("Terms")
Last updated: September 1, 2020
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the website, creating a user profile and/or scheduling both free and paid services (the "Service") operated by Can & Will LLC (the “Studio”, ”us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you (the “Client”) agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your full name, email address, telephone number, city, country, company name, job title, industry, educational interests, and referral information.
“Consultation” is defined as a meeting with a member of the Studio team for purposes of gaining information, and/or the act or process of formally discussing and/or collaborating on future work to be done by the Studio. Consultation includes, without limitation, planning sessions, strategy sessions, training sessions, assessments, consultations, workshops, lessons, and webinars.
Upon acceptance of the Consultation, Client accepts responsibility for any further processes in which this consultation information is used (e.g. content development, brand direction, marketing plans etc.) by the client, the client’s internal team, and/or any external vendor hired by the client. Studio is not responsible for errors occurring in projects related to this consultation after acceptance of the Consultation by the Client.
Payment is due, in full, when scheduling a consultation. Payment may be made in person, over the telephone/email, or online at cannwill.com. Consultation payments made online, or with a credit card in person or over the telephone/email, are subject to a 3% payment processing fee.
All pre-pay consultations, assessments, workshops, trainings, or other pre-pay services provided by Can & Will LLC are limited to a pre-determined time limit. The time limit is explicitly defined in the consultation description.
Additional Consultation Hours
Any amount of time that exceeds the pre-set amount is considered “Additional Consultation Hours.” Additional consultation hours will be billed & invoiced separately. Additional consultation invoices are due on receipt.
If the total amount due is not paid within 7 days of receipt, an interest charge of 10% will be added to the invoice. If the total amount due remains unpaid after the initial interest charge is added, an additional interest charge of 5% will be added to the invoice every 15 days, until the full payment is received. The Client agrees to pay all undisputed invoices in addition to all late accrued late fees. The Client may request alternative payment arrangements by contacting the Studio directly. All Payment arrangements are made at the Studio’s desecration and the Studio is under no obligation to grant the arrangements. The Studio is responsible for the payment of all federal, state, and/or local taxes with respect to the services performed for the client.
Terms & Conditions
Client agrees to grant the Studio the right to use any works produced as a result of the Consultation as part of a portfolio and client story blog, as examples of past projects.
If the scope of the Consultation changes at any time after these Terms is signed, the Studio will inform the Client of additional charges as a result of said changes. The Client agrees to pay the additional charges established at that time, either verbally or in writing.
These Terms is non-transferable, and remains in full force and effect in perpetuity.
The Client agrees to compensate the Studio for any costs incurred in collecting payment for the Consultation performed under the scope of these Terms, whether such Consultation was performed before or after execution of these Terms, including fees from collections agencies or attorneys.
Studio acknowledges that the Studio may receive or have access to information which relates to the Client’s past, present, or future products, vendor lists, creative works, marketing strategies, pending projects/proposals, and other proprietary information. Studio agrees to protect the confidentiality of the Client’s proprietary information and all physical forms thereof, whether disclosed to Studio before this Agreement is signed or afterward. Unless strict confidentiality is requested by Client in advance of the establishment of these Terms, Studio can display materials, client stories, and final work created for Client, related to the Consultation, on the Studio's websites.
The Client guarantees that all provided assets are property of the Client, or are properly licensed for use in the Client determined distribution method and time period, and have not violated intellectual property, copyright, trademark, or other laws. The Client will indemnify and hold the Studio harmless for any claims of infringement as it pertains to Client provided assets.
Limitation of Liability
Can & Will LLC will not be liable to the client or any other person or entity for any punitive, special, indirect, consequential, incidental or other similar damages, costs or losses arising out of this agreement, even if Can & Will LLC has been advised of the possibility of such damages, costs or losses.
Consultation scheduled through the cannwill.com may be rescheduled through the "my schedule" page in the member's profile, at no extra charge, up to one hour prior to the scheduled appointment start time. Call 702-827-1480 to reschedule less than one hour in advance of the scheduled appointment start time.
Consultation scheduled in person, over the telephone/email may be rescheduled, at no extra charge, prior to the scheduled appointment start time by calling 702-827-1480.
Cancellation and Refunds
Both parties understand that Client or Studio may terminate the service at any time if, for any reason, the relationship is deemed unsatisfactory by either party. Upon written or verbal cancellation, Client is responsible for payment for all expenses incurred and any work done towards the completion of the project based on the percentage of the project completed that is determined by Studio. Should Client cancel the project following its completion, Client is responsible for full payment as per the agreed upon estimate plus all expenses incurred. In the event of cancellation, Studio retains ownership of all copyrights and original work created.
Cancellations will receive a full refund (minus processing fees) if made more than 24 hours in advance of the scheduled appointment date and start time. Cancellations made less than 24 hours in advance of the scheduled appointment date and start time will receive a 50% refund (minus processing fees). No-shows may call 702-827-1480 to reschedule the appointment. No refunds will be given for no-shows or cancellations made at/after the scheduled appointment date and start time.
All notices required under these Terms shall be in writing and shall be personally delivered or sent by e-mail, or by commercial overnight delivery service, with delivery being effective upon the date indicated on return receipt, to the Parties at their addresses on file.
Assignment and Amendments
These Terms may not be amended or assigned by either party except by a written amendment executed by a duly authorized representative of each party. These Terms shall be binding upon and inure to the benefit of the Parties and their respective family members, heirs, executors, administrators, representatives, dependents, successors, affiliates, and assigns.
If any provision of these Terms is held to be illegal, invalid, or unenforceable for any reason, such provision shall be fully severable and these Terms shall be construed and enforced as if such illegal, invalid or unenforceable provision has never comprised a portion of these Terms; and the remaining provisions of these Terms shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provisions, there shall be added automatically as part of these Terms a provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid, and enforceable.
Except as otherwise provided in these Terms, these Terms contain the entire understanding between the Parties, and there are no other agreements or understandings between the Parties with respect to these Terms. No amendment or modification to the Contract shall be valid except by a subsequent written instrument executed by the Parties.
These Terms may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same Contract.
The section headings in these Terms have been inserted for purposes of convenience and shall not be used for interpretive purposes.
The terms and provisions of these Terms are intended to be and shall be governed, interpreted, and construed pursuant to the laws of the State of Nevada, without regard to its choice of law provisions, and venue for any legal action relating to the interpretation or enforcement of the provisions of these Terms or the obligations arising hereunder shall be properly in the Courts for Clark County, Nevada.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Can & Will LLC.
Can & Will LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Can & Will LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
If you have any questions about these Terms, please contact us.