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Terms and Conditions of Service for Insights Educational Advisory

 

These Terms and Conditions of Service (the "Agreement") govern the contractual relationship between you, the Client, and Insights Educational Advisory (henceforth referred to as the "Consultant"), regarding the provision of educational consulting and advisory services. By engaging the Consultant's services, you agree to be bound by these terms.

 

I. Scope of Service and Client Responsibility

 

 

1. Description of Services

 

The Consultant agrees to provide services as outlined in the mutually signed Statement of Work (SOW), Service Agreement, or Engagement Letter. Services may include, but are not limited to:

• Academic Program Review and Evaluation.

• Policy and Procedure Consulting.

• Litigation Support and Expert Witness Services (if applicable).

• Curriculum Development and Training.

• Special Education (IEP/504) Advising.

 

2. Limitation of Guarantee and Outcomes

 

The Consultant provides expert analysis, advice, and recommendations based on professional experience, best practices, and relevant educational law.

• The Consultant does not guarantee specific outcomes, results, or acceptance by any third party (e.g., courts, regulatory bodies, or school boards) based on the recommendations provided.

• The Client acknowledges that educational consulting and litigation support involve complex factors beyond the Consultant's control.

 

3. Client Responsibility for Disclosure

 

The Client agrees to provide the Consultant with timely, complete, and accurate information and documentation necessary for the performance of the services.

• The Client is solely responsible for the authenticity and truthfulness of all materials submitted to the Consultant.

• The Consultant's analysis and recommendations will be based solely on the information provided by the Client.

 

II. Financial and Payment Terms

 

 

4. Fees and Payment

 

• Fees: Service fees will be detailed in the specific SOW or Engagement Letter.

• Payment Schedule: Unless otherwise specified in the SOW, payment for services is due [e.g., 7 days] from the invoice date. Expert witness fees, retainers, and expenses may be subject to different payment terms outlined in the Expert Witness Agreement.

• Late Payments: Invoices not paid within [e.g., 30] days of the due date will be subject to a late fee of [e.g., 1.5% per month or a $50 fixed charge] on the outstanding balance. The Consultant reserves the right to suspend or terminate services until all outstanding balances are paid.

 

5. Expenses

 

The Client is responsible for reimbursing the Consultant for all reasonable and necessary out-of-pocket expenses incurred in the performance of the services, including but not limited to, travel, lodging, printing, report binding, and research fees, as detailed in the SOW.

 

6. Retainer for Expert Witness Services

 

If the engagement includes Expert Witness Services or Litigation Support, a non-refundable retainer fee of $[Amount] must be paid in advance. This retainer will be held in a trust or operating account and applied to the final invoice. Services will not commence until the retainer is secured.

 

III. Confidentiality and Intellectual Property

 

 

7. Confidentiality

 

The Consultant agrees to treat all information obtained from the Client as confidential, proprietary, and privileged, and will not disclose it to any third party without the Client’s written consent, except as required by court order, subpoena, or applicable law.

 

8. Ownership of Work Product

 

• Consultant Materials: All methodologies, proprietary templates, research tools, and underlying intellectual property used by the Consultant remain the sole property of the Consultant.

• Client Materials: Upon final payment, the Client shall own the specific final reports, documents, and recommendations prepared exclusively for the Client under this Agreement. The Consultant retains the right to use the general knowledge and experience gained during the engagement.

 

IV. Termination and Liability

 

 

9. Termination of Agreement

 

• Termination for Cause: Either party may terminate this Agreement immediately upon written notice if the other party breaches any material term of this Agreement and fails to cure such breach within [e.g., 10] days after receiving written notice.

• Termination for Convenience (Client): The Client may terminate this Agreement for any reason with [e.g., 30] days written notice. Upon termination, the Client shall pay for all services rendered and expenses incurred up to the date of termination.

• Termination for Convenience (Consultant): The Consultant may terminate the Agreement with [e.g., 30] days written notice if the working relationship becomes strained, non-collaborative, or if the Consultant determines that the continuation of services would violate professional ethics.

 

10. Limitation of Liability

 

The Client agrees that the Consultant’s total liability for any claim arising out of or relating to this Agreement, whether in contract, tort, or otherwise, shall not exceed the total fees paid by the Client to the Consultant under the relevant SOW for the specific services in question. The Consultant shall not be liable for any indirect, incidental, consequential, or punitive damages.

 

11. Indemnification

 

The Client agrees to indemnify, defend, and hold harmless the Consultant from any claims, losses, or expenses (including reasonable attorney's fees) arising out of the Client’s misuse of the Consultant’s work product, or any third-party claims arising from the Client’s actions based on the Consultant’s advice.

 

V. Governing Law and Dispute Resolution

 

 

12. Governing Law

 

This Agreement shall be governed by the laws of the State of [Your State], without regard to its conflict of laws principles.

 

13. Dispute Resolution

 

Any dispute arising out of or relating to this Agreement shall first be submitted to mediation in [Your City, Your State]. If mediation is unsuccessful, the parties agree to resolve the dispute through binding arbitration in accordance with the rules of the American Arbitration Association, rather than through litigation.

 

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