Terms of Service

These Terms of Service (hereinafter “Terms”) constitute a binding legal agreement between you (hereinafter “you,” “your,” or “Client”) and The Writing Guru, LLC (hereinafter “our,” “we,” or “Company”) and governs your access and use of all services (the “Services”) provided to you by the Company, commencing on the date of Client’s acceptance and acknowledgement of these terms and continuing in effect until termination and/or completion of the Services.

BY PROVIDING WRITTEN CONFIRMATION OF YOUR ACCEPTANCE AND ACKNOWLEDGMENT OF THESE TERMS AND/OR OTHERWISE ACCEPTING THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR ACCEPT ANY OF THE SERVICES.

PERFORMANCE OF SERVICES: All writing projects commence upon rendering of full payment via PayPal, Square, or wire transfer to the Company. Full payment for the Services is required in order to hold a Client’s spot in our project rotation. A quoted project date will be confirmed at the time of payment, and may be different than what was initially quoted in the consultation prior to payment being made as project dates are assigned on a first-come-first-serve basis. Priority is set by payment made. Client understands that the Company provides a creative personalized service, and as such, payment is nonrefundable and cannot be split, or canceled except as outlined in these Terms. Client shall use Square or PayPal for payment transaction in order to purchase the Services. Client agrees that making payment to Company for Services constitutes acceptance of these Terms.  Failure to read the Terms in its entirety does not constitute waiver of the Terms or its application.

Services will be completed in a timely manner with an emphasis on quality over quantity. Client understands and recognizes that Company has a busy writing practice with large volumes of bookings for writing projects and seminars and thus, from time to time, the time frame may need to be extended by a few days. Company will advise Client of any additional time needed. For resume projects, the initial draft will be delivered based on an assigned and agreed to delivery date as long as the Client questionnaire and required documents are submitted timely and barring any delays due to Company’s current project rotation, Client delay, and/or any unforeseen circumstance(s).

Revisions and edits for all writing projects will be delivered to Clients within 3-7 business days.  The exact delivery date of the final edited draft will be determined by agreement of both parties. Company reserves the right to extend the time for delivering project documents during high influx periods of projects or unforeseen circumstances such as illness, hurricanes, global pandemics, and/or other extenuating health or family emergencies (see force majeure clause below). Absent express written agreement by Client and Company, (1) no contractual rights of the Client relating to any Services performed by Company may be assigned to a third-party even if the third-party is retaining the benefit of the Service, and (2) Services initially requested by Client may not be transferred for additional and/or alternative Services without additional payment.

All resumes include revisions with limitations as expressed herein.  After the initial resume draft is delivered, Client will have 7 days (the “Review Period”) to review the draft and Company will arrange for a project strategy session call to fully discuss changes that Client is requesting. While Company will make every effort to ensure that the career documents are 100% free of errors, proofreading is the responsibility of the Client. Client must review proof/draft copies and request revisions (by either partaking in a strategy session call for resume projects or providing specific instructions for changes in writing for all other writing projects – LinkedIn, cover letter, bio) within the Review Period, unless special arrangements are made and agreed to in writing by Company. Failure by Client to be available for the strategy session call or to timely request edits/revisions (by phone or email) within the Review Period constitutes Client’s acceptance of the draft and finalization of the work product. If Client requests edits or additional consulting time following the expiration of the Review Period and/or beyond the initial project scope discussed between Company and Client, such additional edits or consulting time beyond the project scope and time frame (including the Review Period) are billed at the rate of $350 per hour. Projects will be closed out within 30 days from the date of delivery of writing documents.

It is incumbent on Client to be fully prepared for the post-resume delivery strategy session call. The edited resume draft (presented in 5-7 business days) will include Client’s recommended edits, subject to any Client recommendations that do not comport with industry standards. Once the edited draft is presented to Client for review, it is for purposes of final proofreading to the edits made on the second draft. Client will send an email to Company providing any minor edits to finalize the resume. No major re-writing or overhauling/adding of information will occur at the third proof stage or it will be construed as additional consulting (billable at the rate of $350.00 per hour). LinkedIn profiles include one set of revisions (request made via writing).

For resume projects, Client understands that completion of the resume questionnaire is an intricate part of the writing process and, therefore, Client agrees to provide all necessary information to Company. Client’s written documents will be prepared from the data acquired from Client’s existing resume that was reviewed prior to the project beginning (if applicable), the data provided on the resume questionnaire, as well as any additional information client provides to Company. Clients who fail to complete questionnaire or intake process will be subject to incomplete information in their new resume and/or subject to additional fees for additional consulting time.

Any work prepared by Company in connection with Services provided for Client shall be owned by the Company until such work has been paid in full and accepted by Client, at which time the Client will then own the work. Client agrees not to use the work in any format until the work is paid for, accepted, and complete. If Client receives a refund or a files a chargeback with their bank, Client agrees not to use any of the work prepared in any format and acknowledges that: (1) Company shall be the sole owner of such works, and (2) using the works prepared by Company constitutes a direct violation of this Agreement. Company maintains that once Services are complete and Client is in possession of Company’s work product, absolutely NO refunds will be permitted.

The termination and/or completion of the Services shall not eliminate any existing obligation on behalf of the Client to provide payment for Services rendered, and the amount thereof shall become due and payable immediately at the time of Client’s termination, if applicable.

MASTER COVER LETTER/ADD-ON ITEMS: A master cover letter template (approx. 200 to 250 words) is provided to the Client at no additional charge at the conclusion of a resume project. Client is responsible for tweaking the master cover letter as needed for job search purposes. If Client wants a customized cover letter for a particular role and targeted with additional details, this will be construed as additional consulting time and will be assessed a fee of $350 per hour.

We provide other add-on items as follows: Reference Page $350; Thank You/Follow-Up Letter or Networking E-Notes: $350 to $525+. Standalone strategy and coaching calls are billed at $495 to $595 an hour.

PROJECT DELAYS ON PART OF CLIENT: Client agrees to be available by e-mail or telephone to answer questions during the intake and writing process, if necessary, in order to expedite production and obtain pertinent information about Client’s work experience and accomplishments, or to clarify data that appears inconsistent. Failure of Client to be available for strategy session calls and/or provide the required information (questionnaires, supporting documents, etc.) to Company per the required timeline based on project delivery will result in delay on the project. Client understands that the questionnaire must be provided to Company ahead of the resume overhaul process, and that any delays on the Client’s behalf in submitting the completed questionnaire will cause the Client’s project to be delayed and placed back into the rotation of Company’s then-current project schedule, which can extend the project up to 14 days or longer.  In order to ensure that project delivery remains consistent with Company’s schedule, Client will have a maximum of 45 days from date of project booking and receipt of questionnaire (the “Client Project Window”) to submit project documents to Company. If Client fails to provide the required information during the Client Project Window and/or otherwise comply with any of Company’s procedures and processes for the purpose of providing the Services, Company reserves the right to: (1) terminate the project and/or, (2) assess a reactivation fee (as further discussed below) for the purpose of placing Client’s project back into the rotation of Company’s then-current project schedule.

ADMINISTRATIVE HOLD ON PROJECTS/REACTIVATION FEE: Absent express agreement between Company and Client and barring any serious medical or personal emergencies expressly made known by Client to Company in writing, Client’s failure to provide timely questionnaire responses, supporting resume documentation, or other required documents to complete the initial resume draft during the Client Project Window will cause the project to be placed on an administrative hold. Client acknowledges that projects placed on administrative hold due to Client’s delay and/or failure to adequately communicate or provide information needed to complete the resume project shall be subject to a reactivation fee for Company to re-commence work on the project and allot time on its calendar according to the following parameters:

  • If a project is on administrative hold for more than 90 days, a 10% reactivation fee will be assessed.
  • If a project is on administrative hold for more than 120 days, a 20% reactivation fee will be assessed.
  • If a project is on administrative hold for more than 180 days, a 25% reactivation fee will be assessed.
  • If a project is on administrative hold for more than 270 days, such project shall be subject to a higher reactivation fee or potential cancellation, as determined in Company’s sole discretion.

Should Company raise its prices while Client’s project is delayed, Client will be subject to the higher pricing point when Client returns to reinstate Client’s project.

EXPIRATION PERIOD: Client acknowledges that Company shall have no further obligation to perform and/or provide any Services in the event such Services (as initially requested by Client and discussed with Company) are not utilized by Client within 365 days of commencement of Client’s payment for Services. For the avoidance of doubt, should Client request and pay for Services, yet fail to utilize such Services and/or provide Company with all necessary information in order to complete such Services within the Services Term, Client acknowledges that Company shall have the right to terminate the project, and Client shall not be entitled to any refund relating thereto.

PROJECT PRICE/CANCELLATION POLICY: Client acknowledges and understands that the project price takes into account Company’s expertise, skill and time, and prices are based on the complexity of each project.  Further, the project price takes into account: (1) Client intake time, including e-mails back and forth between Company and Client concerning the project, (2) content writing, (3) typesetting/design/layout, and (4) proofreading and editing.  Client further acknowledges and understands that once payment is made, should Client wish to cancel project, a penalty will be assessed in accordance with Company’s cancellation policy, provided below:

  • Cancellation after project is paid for, but before writing has begun: a full refund will be made less any PayPal/Square transaction fees and a 15% cancellation fee.
  • Cancellation after work has begun, but before first draft is provided to Client: 50% of total project price is retained by Company.
  • Cancellation after first draft is provided to Client: 100% of total project price is retained by Company.

Client’s project will be created by Company based on information provided at the time of initial consultation and information provided on the resume questionnaire or other submitted information/documents. If Client submits large volumes of supplemental documents for Company to review in order to craft new resume, those will be billed at additional hourly costs of $350 per hour. If additional or new information is introduced after first draft is provided, additional fees for consultation, writing, or revisions may be applicable. If Client fails to submit the correct information or omits information needed to create the ordered document(s) accurately, Company is not obligated to include this information after work on the Client project has already begun. If Client fails to provide truthful career information to Company during the course of the project, and Company learns of it, Company may elect to immediately terminate the project without refund to Client.

CHANGE OF CAREER DIRECTION/UNCERTAINTY DURING PROJECT: At the time of consultation, project booking, and intake process, Company will ensure that Client’s career direction is clear and targeted. If, for any reason, Company feels that Client is unsure or uncertain of the career direction and Company feels Client needs career/leadership coaching, Company may elect to terminate the project, refer the Client to an appropriate coach, and issue a refund to Client less any consulting time billed up to the date of termination.

If after the initial resume draft is delivered to a Client, the Client decides to change career directions (i.e., wants to change the original target of the resume) or add in a new company role, this will constitute additional fees. Company’s writing process is contemplated based on Client intake at the time of the questionnaire delivery and intake call. Should Client request additional consulting and writing time outside of and beyond the initial project scope and/or after the initial draft is delivered, these increased amounts of writing and consulting time are fully billable to a Client at Company’s current hourly rate ($350 an hour).

PAST CLIENT UPDATES:  We offer past clients the opportunity to update their career documents (e.g., resume, LinkedIn, bio, cover letter, etc.) and hire us for ongoing career strategy coaching on a rolling basis as needed and per the costs described in this section. Updates may include: addition of new details/accomplishments since finalization of the original project, addition of new jobs/roles with deep detail, retooling of original content for length/flow, enhancement of the template, necessary rebranding/re-targeting if job objectives have changed, and re-aligning documents with current resume trends and LinkedIn best practices (i.e., new LinkedIn cover photo, rebranding, and other updating of profile consistent with new features available on LinkedIn). Career document updates for previous clients are billed at Company’s current hourly rate ($350 per hour) with an expected 2 to 5 hours of time invested, or a flat fee of 75% of original project cost, depending on complexity of content to be added and amount of work to be performed. Clients who are returning after a longer lapse since work was originally performed (e.g., a few years or a few roles), will be at the higher end of anticipated writing time.

Returning clients will be provided a supplemental questionnaire for fact-gathering and targeted branding unless other published information and/or arrangements are equally agreed upon. A single round of edits is included via e-mail (additional edits are available based on hourly rate). Should Client need further coaching strategy to bring up to speed on current LinkedIn features, to discuss brand strategy, or seek other career-related coaching advice, Client may elect to partake in strategy sessions as follows: 30-minute session at $175, or 60-minute session at $350. All consulting time, strategy analysis, advisory, and writing represent billable time to Company.

PROFESSIONAL FREELANCE WRITING & EDITING: Freelance writing and editing projects for websites, books, articles, business needs, essays, personal statements, and other custom services will be billed at the rate of $350 per hour with a minimum of 2 hours of work.

RUSH FEES: We book out at least 6 to 8+ weeks for projects. We only allow rush projects in certain situations. If an existing client (who has already booked a project) needs a resume or LinkedIn profile sooner than the agreed to date, the rush fee price will be assessed at 50% of the cost of the original project.

CORPORATE BRANDING PROJECTS/OUTPLACEMENT PROJECTS: Company routinely engages in corporate branding projects for LinkedIn profiles and other writing and career-focused services. At all times material, the corporation/entity hiring Company is construed as the “Client.” This means Company does not have an independent, direct contractual relationship with any employee of the Client, and such employee shall not have any claims against Company. Outplacement projects will have a “must use by” date for Services (30 days unless so stated). Notwithstanding, the terms and conditions contained in these Terms relating to liability, waiver, privacy/confidentiality, proofreading/editing, truth/veracity of career dates/information, etc. shall also apply to any employee of the Client, and such employee is expected to comply with Company’s policies at all times during the project and scope of work provided for the Client.

NO GUARANTEE: Client acknowledges that the Services provided by Company are guidance / consulting services only; in no event shall Company’s providing of Services be interpreted or construed as providing any guarantees or “definites” regarding such Services, and Client acknowledges that any and all acceptance of guidance and/or consulting provided by Company shall be subject to Client’s sole and absolute discretion on a case by case basis. In no event shall it be construed that Company enticed or induced Client to act in a manner in which Client would not have done so absent the providing of such guidance or consulting by Company. It shall be the Client’s sole responsibility to evaluate and act upon the guidance and consulting provided by Company.

Company maintains that it cannot guarantee interviews or jobs or career outcomes as market conditions vary and it is incumbent upon Client to aggressively partake in the job search process, including properly applying for qualifying positions that Client meets the requirements for. Client agrees that changing market conditions, industry shifts, job availability, compensation expectations, and Client interview skills all directly impact job search success. Although Company provides Services and other resources, ultimately job search efforts are completely subject to Client’s control and the results achieved depend on many factors outside the Services provided by Company. Client acknowledges that the job search process and any results achieved are solely the result of Client’s performance in the job search process. Additionally, Company is not responsible for Client’s use or non-use of the Services provided to Client.

LIABILITY: Company is not liable for any inaccurate, incorrect, or misleading information in the prepared materials as Client is required to review the materials and approve the entire content prior to final delivery. Company is not responsible for the accuracy or truthfulness of the information provided by Client. Company is not responsible for any actual or consequential damages of any kind that Client may incur from inaccurate documents, edits to documents at Client’s request that conflict with Company’s expert recommendations of best resume practices, or other violations of industry practices committed by Client while utilizing Company’s Services, and Client agrees to hold Company harmless from any such liability. Should Client wish to file suit against Company, the jurisdiction/choice of law shall be in Florida and each party shall bear its own costs in filing suit.

WAIVER OF RESPONSIBILITY: During the editing/revisions phase of the career documents (i.e., resume and LinkedIn profile), Company will provide consulting via phone and/or by email to Client pursuant to industry best standards. If Client seeks to make changes in the style, layout, and/or wording of the professional resume, LinkedIn profile, or other career documents written by Company that do not align with current resume practices or industry best standards, Company will advise accordingly and make changes that appropriately align. Company waives any and all responsibility to Client, and Client agrees to indemnify and hold Company harmless, if changes are made to the career documents which Company does not expressly advise on, agree to, or to which Company strongly discourages. Should Client wish to return the career documents to their original recommended form at a subsequent date or make further changes, an additional fee will be assessed based on the time required to complete the revision(s).

INDEMNIFICATION: Client agrees to indemnify, defend, and hold Company, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties including, without limitation, reasonable expert and attorneys’ fees, in connection with any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any use by Client or any user of the information and Services offered and/or performed by Company on Client’s behalf.

FORCE MAJEURE: In the event either party (Company or Client) is unable to perform its obligations under these Terms because of acts of God, natural disaster (pandemic, epidemic, fire, earthquake, flood, hurricane, etc.), governmental action, severe illness, communication disruption, strikes, equipment and/or technological failures, or transmission failure or other circumstances reasonably beyond such party’s control, the party shall not be liable for any damages resulting from such failure to perform. In the event of any such excused delay, the time for performance of such obligations (other than a payment obligation) shall be extended for a period equal to the time lost by reason of the delay. Written notice must be provided to the other party of the nature and extent of any such force majeure condition and the affected party must use commercially reasonable efforts to remove any such causes in order to continue performance under these Terms as soon as reasonably practicable.

If the force majeure event remains in existence beyond 60 days, either Company or Client may terminate Company’s performance of Services upon providing written notice. If termination occurs, all monies due and owing to Company are immediately due and payable to Company.

PRIVACY: Company advertises through social media communications and various networking arenas.  Company expressly agrees that it will not share any of Client’s personal information (including, but not limited to name and company worked for) unless (1) Client grants permission to Company to use as a testimonial or sample, or (2) such information is ordered by local, state, or federal officials regarding investigation or a lawsuit.

INTELLECTUAL PROPERTY: Company owns all of the content and information posted on Company’s website, and no one may copy, distribute or use any content including this Terms of Service, that for financial gain, without the express consent of Company. These and the website contents of www.writingguru.net is the intellectual property of Wendi Weiner, Esq. and The Writing Guru; therefore, the copying these Terms and/or website contents by any means (for financial gain by another writer or other use) is expressly prohibited without written permission from Wendi Weiner, Esq., and any unlawful copying and/or infringement of Company’s intellectual property rights will be prosecuted to the full extent of the law. Please note that The Writing Guru is a registered trademarked with the USPTO (registration # 5131586).

COPYRIGHT PROTECTION: All information contained within www.writingguru.net is copyright protected under the Digital Millennium Copyright Act of 1998 (DMCA).

MODIFICATION TO TERMS/SERVICES: We reserve the right, at any time in our sole discretion, to amend or replace any part of these Terms and any document referred to herein, or any part thereof, at any time, without prior notice. You agree that we may notify you of any updated or new Terms by posting notice on the Company’s website or by providing you notice at the email address provided to Company. All such changes are effective immediately. Your continued use of the Services after such notice confirms your acceptance of such amendment. The most current version of these Terms will govern your use and access of the Services. If you object to any such changes, your sole recourse is to cease accessing and/or using the Services.

Services may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services provided are restricted or made unavailable at any time or for any period.

MISCELLANEOUS: Client agrees that these Terms, as well as any and all claims arising from these Terms, will be governed by and construed in accordance with the laws of the State of Florida. Client may not assign any of Client’s rights or obligations hereunder, without Company’s prior written consent. Any term, condition, or provision of these Terms that is determined for any reason to be unlawful, invalid, void or unenforceable shall not affect any other portion of these Terms. Client and Company are independent contractors, and no agency, partnership, joint venture, employee-employer or other form of relationship is intended or created by these Terms. These Terms constitute the sole and entire agreement between you and Company regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter. Nothing in these Terms shall create or confer any rights or other benefits in favor of any third parties except as specifically provided herein. No waiver of any of these Terms is effective unless it is in writing and signed by an authorized representative of the party waiving its right. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege

Last Updated: December 15, 2023