Resume Writer Terms and Conditions
Updated: July 17, 20223
This Agreement (“Agreement”) contains important information about your legal rights, remedies, and obligations, and is a legally binding agreement between you (“You” or “User”) and Optim Recruiting LLC (“Optim”). You understand that by participating in our resume writer marketplace, you agree to be bound by all agreements which constitute Optim’s Terms of Use and Resume Writer Terms and Conditions.
If you wish to use our marketplace, you must first read and agree to this Agreement. If you don’t understand this Agreement or you don’t agree to all of its terms and conditions, you may not list yourself on our Website. If you do not understand or agree to this Agreement, do not click to accept this Agreement, “Sign Up,” “Create My Account", or similar. If you are using our marketplace or website on behalf of a business or legal entity, you may only do so if you have the authority to agree to the Terms on behalf of that business or legal entity.
Eligibility
By using the Sites, you affirm that you are of legal age to enter into these Terms. If you are an individual accessing or using the Sites on behalf of, or for the benefit of, any corporation or other entity which you are associated with “Organization,” then you are agreeing to these Terms on behalf of yourself and such Organization. You represent and warrant that you have the legal authority to bind such organization to these Terms. References to “you” and “your” in these Terms will refer to both the individual using the Sites and to any such Organization.
Purpose of Optim
OptimCareers.com offers a career coaching and resume writing marketplace where resume writers and job seekers can identify each other and advertise, buy, and sell Resume Writing Services and Career Coaching Services online. Subject to the Terms of Service, Optim provides the listings of resume writers to its visitors and users.
Writer Obligations
Writers will provide ongoing resume writing services to Customers. Writer will conduct private resume consultations, draft resumes, review resumes, and deliver resumes to Customers according to service specifications listed on service pages. Optim will provide Writer with access to any collected documentation and contact information necessary for Writer to perform Services as determined by Optim in its sole discretion.
Relationship With Optim
Writer agrees that it shall retain its individual professional status while performing services for Customers, and both Parties agree that no joint venture, partnership, employment, contractor, or agency relationship exists between the two. Writer will not e eligible for employee benefits and Optim will not withhold any amounts for taxes on its behalf. Writer is not an agent of Optim and does not have the authority to bind Optim, nor will Writer hold itself out to third parties as having the authority to bind Optim.
Location
The Writer shall perform the Services remotely or as determined appropriate in Writer’s sole discretion.
Relationship to Customers
Writers do not have direct contractual with Customers. Writer agrees that they will not use Customer data they receive for any purpose other than providing services to those Customers, and that they will not solicit additional personal data or store Customers’ personal data outside of the Optim’s database. Writer agrees to indemnify Optim against any claims arising from their use of Customers’ personal data.
For as long as Optim offers coaching and resume writing services, Writer hereby agrees not to hire or otherwise engage any Customer to whom he/she is introduced via Optim other than directly through Optim’s Services. To the extent Writer breaches the foregoing restriction, Writer shall be severally liable for any losses incurred by Optim as well as liquidated damages in the amount of $1,000 per breach, and Optim will have no obligations or liability whatsoever in respect of any such engagement.
Optim Policies
Writer agrees to abide by any quality standards or policies prescribed by Optim, in Optim’s sole discretion, from time to time. Writer is responsible to check these policies periodically to ensure that they comply with any updates to them. Optim reserves the right to remove Writer’s content, service listing, suspend payouts, and/or ban Writers for any reason at any time, without prior notice, including in cases where:
a Writer or resume does not comply with our policies;
resumes or Services provided fall below our quality standards or has a negative impact on the customer experience;
a Writer engages in behavior that might reflect negatively on Optim or bring Optim into public dispute, contempt, scandal, or ridicule;
a Writer engages a Customer outside of the Optim platform/Website;
a Writer uses the Optim in a way that violates our policies;
or as determined by Optim in its sole discretion
Fees
Optim serves as an online platform connecting coaches and resume writers to Customers. As consideration for Writer’s performance of the Services, Optim shall pay Writer based on the current tiered schedule:
For the first 2 resumes written per month: 30%
For resumes 3 through 10 per month: 50%
For resumes 11 and greater per month: 70%
Fees established by Optim may be amended by Optim upon fifteen (15) days advance written notice to the Writer.
Payment for services shall be made on the 26th of each month following Optim’s receipt of Customer’s payment, invoice from writer, and a copy of Customer’s new resume. If a customer files a dispute or complaint regarding service, Writer may forfeit payment as follows:
If the customer is not satisfied with their initial call, Writer must refund the customer 70% of fee paid
If the customer is not satisfied with their resume's first draft, Writer must refund the customer 50% of fee paid
If the final draft contains spelling errors or inconsistent formatting or Writer misses deliverable timelines, Writer must refund the customer 100% of fee paid
The Writer, and not Optim, are solely responsible for honoring Services purchased by Customers. If Writer misses an appointment or fails to give Customer a minimum of 24-hour notice of cancellation, the Fees paid for the Service may be forfeited at Optim’s sole discretion.
If a Customer refund is issued, the Fees paid for the Service may be forfeited at Optim’s sole discretion.
Optim is not lible for any bank fees or foreign exchange rates.
Writer must provide any identifying information or tax documentation necessary for payment of amounts due.
Indemnification
The Writer agrees to indemnify and hold Optim harmless and, its affiliates, agents, employees, and consultants harmless from and against any loss, costs, legal fees, or other expenses as a result of any third-party claims against the foregoing in connection with the Services arising out of any fraud, misrepresentation or breach of the obligations of the Writer under this Agreement.
Limitation of Liability
The Parties agree that neither Party shall be entitled to recover from the other for any incidental, indirect, special or consequential damages sustained resulting from the action or inaction of the other under this Agreement, whether the cause of action is in contract, breach of warranty, tort, gross negligence or otherwise including, but not limited to lost profits, lost opportunities and /or delay damages, even if the other party was advised of or was aware of the potential for such damages. In no event shall the aggregate liability of Optim for any claim arising under or relating to this Agreement, exceed the total Fees paid or payable by Optim during the three (3) month period prior to the event out of which the claim arose.
Intellectual Property
Optim shall have and retain all ownership of all intellectual property owned or developed by Optim or Writer pursuant to this Agreement or otherwise. Any materials provided by Optim to Writer are deemed intellectual property, and Optim grants Writer a limited, non-exclusive, royalty free license to use such intellectual property solely for Optim’s and Customer’s internal resume writing purposes (“License”). The License applies only during the term of this Agreement. Optim can revoke the License at any time. Optim retains complete discretion in how intellectual property is used. If any materials including but not limited to all text, articles, images, videos, graphics, software, music, audio, information, templates, workflows, resumes, cover letters, bios, or other materials (“Content”) provided by Writer to Optim or Customer incorporate any intellectual property owned by Writer, then Writer grants to Optim and Customer a universal, perpetual, sub-licensable, commercial, royalty free, and irrevocable license to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, display, and distribute such Content, in all media and distribution methods now known or hereafter devised, and you represent to us that you have the right to grant such a license. Writer agrees that this license includes the right for Optim to modify Content and to make Content available to others for the publication, distribution, syndication, or broadcast on other media and services. Such additional uses by Optim or others may be made with no compensation paid to Writer with respect to the Content that the Writer submits, posts, transmits, or otherwise makes available through the Services. Any feedback, comments, or suggestions Writer may provide regarding the Services is entirely voluntary and Optim is free to use such feedback, comments, or suggestions as seen fit and without any obligation to Writer. Optim reserves the right, but does not have any obligation to, remove or block any Content in our sole discretion, at any time, without notice to Writer and for any reason (including, without limitation, upon receipt of claims or allegations from third-parties or authorities relating to such Content or if Optim is concerned Writer may have violated this Agreement), or for no reason at all.
Term and Termination
This Agreement shall be effective as of the listing date of the resume writer or career coach on our Website and renew monthly for so long as Writer and Optim wish to engage one another to provide services to Customers.
The Writer and Optim are entitled to terminate this Agreement at any time, providing the terminating party provides a fifteen (15) day prior written notice to the other Party. Notwithstanding any expiration or termination of this Agreement, Writer shall remain responsible and fulfill any paid Services and Optim shall remain responsible and shall pay Writer, at time due hereunder, all amounts earned by Writer on or prior to the effective date of termination.
Enforceability
This Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision hereof shall be prohibited or invalid under any such law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating or nullifying the remainder of such provision or any other provisions of this Agreement. If any one or more of the provisions contained in this Agreement shall for any reason be held to be excessively broad as to duration, geographical scope, activity or subject, such provisions shall be construed by limiting and reducing it so as to be enforceable to the maximum extent permitted by applicable law.
Notices
Any notice, demand or other communication given pursuant to this Agreement shall be in writing and shall be emailed to cole@optimcareers.com. Or at such other address as may have been furnished by such person in writing to the other parties.
Governing Law; Venue
This Agreement shall be governed by and construed in accordance with the internal laws of the State of California without regard to its choice of law provisions. Venue shall be in Riverside County, California.
Dispute Resolution
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
No Assignment
Neither Party may assign this Agreement without the express and prior written consent of the other Party. Any attempted assignment in violation of this Section shall be null and void.
No Conflicting Agreements
The Writer represents and warrants to Optim that the Writer is not a party to or bound by any confidentiality, non-competition, non-solicitations, employment, consulting or other agreement or restriction which could conflict with, or be violated by, the performance of the Writer’s duties to the Customers or obligations under this Agreement.