Terms of Service
By clicking on the “I AGREE” button or a similar affirmation, or by acknowledging acceptance of the Agreement by any other method allowed by Plan The Job, Inc., or by using or accessing the Plan The Job, Inc. products or services through any means permissible including, without limitation via a computer or a mobile application, Customer acknowledges and agrees that: (i) it has reviewed and understands the Agreement; (ii) it agrees to be legally bound by the terms andconditions of the Agreement; and (iii) its use of the Plan The Job, Inc. Products or services and any related products or services will be governed by this Agreement. If Customer does not agree or is not willing to be bound by the terms and conditions of this Agreement, Customer should not click on the “I AGREE” button and should not seek to obtain or use the Plan The Job, Inc. or “www.PreConPlans.com” or “www.PreConstructionPlans.com” products or services. Both, “www.PreConPlans.com” or www.PreConstructionPlans.com" are services provided by and are fully owned domains maintained and managed by Plan The Job, Inc.
NOW THEREFORE, Customer agrees as follows:
1. Customer’s Capacity and Related Matters. By accepting the terms and conditions of this Agreement, Customer represents and warrants that (a) the person executing this agreement on behalf of Customeris18 years of age or older, (b) all information Customer has provided to Plan The Job, Inc. is true and correct in all respects, and (c) Customer will update Plan The Job, Inc. by email with any changes to information Customer has previously supplied. Customer further represents and warrants that Customer has the legal authority to accept the terms and conditions of this Agreement and that such acceptance will be binding on Customer. Plan The Job, Inc. reserves its right, in its sole discretion, to refuse to provide Customer with any Plan The Job, Inc. service or product.
1.1. Customer agrees to hold all documents purchased in full confidentiality without exception or reservation. Customer understands and agrees that all documents purchased under this agreement are considered confidential and copy written. Documents may not be copied or sold for any use whatsoever without express written permission from Plan The Job, Inc.
2. Undertakings of Plan The Job, Inc.
2.1 Plan The Job, Inc. Grant: Plan The Job, Inc. hereby grants Customer a nonexclusive, royalty-free, fully-paid up right, to plans and documents purchased, to use the plans and documents, subject to the restrictions herein and any other restrictions communicated by Plan The Job, Inc. to Customer, only as necessary to perform hereunder and for no other purpose.
2.2 Plan The Job, Inc. Products or services. Plan The Job, Inc. shall provide the Plan The Job, Inc. Products or services to Customer in all material respects in accordance with the terms and conditions of this Agreement and consistent with all applicable laws and regulations.
2.3 Customer Service. During the term of this Agreement, if Customer is current in payment of all fees owing to Plan The Job, Inc. and are otherwise not in default under this Agreement, Plan The Job, Inc. shall provide customer service to Customer, as set forth in the Plan The Job, Inc. official website and authorized (in writing) websites at the URL http://www.PlanTheJob.com/about.
3.0 Monthly Payment Agreement
3.1 Where customer selects monthly payment agreement as choice for plans and document payment, customer expressly agrees to make full payment each consecutive month starting the date of the original agreement. Customer further warrants that payment shall be set up on an automatic withdrawal from a credit or debit card in good standing and currently fully redeemable with financial institution associated with the debit or credit card employed for this purpose for the duration of initially agreed payments.
3.2 Customer understands and agrees without reservation that funds will be automatically withdrawn from the submitted financial account for 12 consecutive months, on the calendar date selected by the customer, monthly anniversary date of the initial transaction or on the 1st or 15th of each consecutive month from the time of the initial transaction.
3.3 Customer understands and agrees that full payment may be submitted to Plan The Job, Inc. for the sum of all remaining payments at any time without penalty.
4. Fees; Taxes
4.1 Plan The Job, Inc. Service Fees. Customer shall pay to Plan The Job, Inc. the fees set forth in the Fee Schedule located on the respective websites or in any proposal to provide services or products expressly agreed upon by both parties via means of email, or any other written medium, which is hereby incorporated into the terms of this Agreement by reference. Ordering any documents from any Plan The Job, Inc. authorized websites or request or direction to proceed with any work via email originating from customer email domain location or any written medium whatsoever provided by the customer to directing or requesting that work begin shall bind the customer under these Terms of Use to pay applicable fees. Notwithstanding anything to the contrary and if agreed upon by the parties, Plan The Job, Inc. may charge, bill, and collect such fees from Customer, in the amounts stated in and in accordance with the terms and conditions of this agreement and otherwise signatory agreement(s) between Customer and Plan The Job, Inc.
4.2 Account Fees
4.2.1 Returned Payment Fee. Customer shall pay to Plan The Job, Inc. a “Returned Payment Fee,” in the amount of $25.00, each time Plan The Job, Inc. attempts to debit Customer’s depository account or charge Customer’s card for any amounts owing under this Agreement and receives a returned item or decline message from Customer’s bank.
4.2.2 Late Payment Fee. Any amount due to Plan The Job, Inc. under this Agreement and not paid when due will be subject to a finance charge equal to one and one-half percent (1.5%) or the highest rate allowable by law, determined and compounded daily from the date due until the date paid. Payment of such finance charges will not excuse or cure any breach or default for late payment. Plan The Job, Inc. may accept any check or payment from Customer without prejudice to its rights to recover the balance due or to pursue any other right or remedy. No endorsement or statement on any check or payment or any correspondence accompanying any check or payment or elsewhere will be construed as an accord or satisfaction. If Customer does not pay owing amounts on or before the first business day following the fifteenth (15th) day of the month, Customer will be subject to a late payment fee, in the amount of $25.00. If Customer has not paid all amounts due before the last day of the month in which they were due, Plan the Job, Inc. shall submit a demand letter to the customer including all additional fees. If resolution is not achieved within 15 business days, Plan The Job, Inc . may submit outstanding balance to a collection agency or take any other means reasonable to collect outstanding balances.
5. Confidential Information (privacy agreement).
5.1 Each Party (the “Receiving Party”) hereby agrees (i) to hold the other party’s (the “Disclosing Party”) Confidential Information in strict confidence and to take reasonable precautions to protect such Confidential Information (including, without limitation, all precautions the Receiving Party employs with respect to its own confidential materials), (ii) not to divulge any such Confidential Information or any information derived therefrom to any third person; (iii) not to make any use whatsoever at any time of such Confidential Information except as contemplated hereunder, (iv) not to remove or export from the United States or re-export any such Confidential Information or any direct product thereof, except in compliance with, and with all licenses and approvals required under, applicable U.S. and foreign export laws and regulations, (v) not to copy or reverse engineer any such Confidential Information, and (vi) that any employee, subcontractor, or agent given access to any such Confidential Information must have a legitimate “need to know” and shall be bound in writing to comply with the Receiving Party’s confidentiality obligations, whether generally or specific to this Agreement.
5.2 Notwithstanding any provision in this Agreement to the contrary, each party may disclose Confidential Information of the other party to the extent it is required to be disclosed pursuant to a valid order or requirement of a governmental agency or court of competent jurisdiction.
6. Representations and Warranties; Disclaimers
6.1 Mutual Warranties. Each party represents and warrants to the other that (a) it has all necessary right, power and ability to execute this Agreement and to perform its obligations therein; (b) no authorization or approval from any third party is required in connection with such party's execution, delivery or performance of this Agreement, (c) this Agreement constitutes a legal, valid and binding obligation, enforceable against it in accordance with its terms, (d) the party's obligations under this Agreement do not violate any law, policy or regulation or breach any other agreement to which such party is bound; and (e) it has all right, title or interest, or valid license to use its respective Marks, and that its grant of rights associated therewith do not violate any intellectual property or other proprietary rights of any third party.
7. LIMITATIONS OF LIABILITY AND DISCLAIMERS.
7.1 LIMITATIO NS. UNDER NO CIRCUMSTANCES WILL: (A) PLAN THE JOB, INC. OR ANY OF ITS PARENTS, AFFILIATES OR VENDORS (OR ANY OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS OF THE PARTIES, OR ITS PARENTS, AFFILIATES OR VENDORS) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (HOWEVER OR WHENEVER ARISING), INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST REVENUE, LOST PROFITS, ANTICIPATED PROFITS, LOST BUSINESS OR INJURY TO BUSINESS REPUTATION, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, UNDER ANY THEORY OF LIABILITY OR CAUSE OF ACTION WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) PLAN THE JOB, INC.’S TOTAL LIABILITY TO CUSTOMER, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE,UNDER THIS AGREEMENT OR WITH REGARD TO ANY PLAN THE JOB, INC. PRODUCTS OR SERVICES, EXCEED THE AGGREGATE COMPENSATION PLAN THE JOB, INC. RECEIVED FOR PROVIDING THE PLAN THE JOB, INC. PRODUCTS OR SERVICES TO CUSTOMER DURING THE THIRTY(30)DAYS PRECEDING THE DATE ON WHICH THE CLAIM AROSE OR $1,000, WHICHEVER IS LESS.
8. Indemnification.
8.1 Indemnification by Plan The Job, Inc.
8.1.1 General. Plan The Job, Inc. shall defend, indemnify and hold Customer and any of Customer’s officers, directors, agents and employees harmless from and against any and all third party claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including reasonable attorneys' fees and other litigation expenses) incurred by Customer, arising out of or relating to any alleged infringement of a U.S. patent or copyright of any other entity or person by the Plan The Job, Inc. Products or services.
8.1.2 Limitation; Prevention of Infringement. Plan The Job, Inc.'s obligations in Section 8.1.1 do not apply if: (i) the Plan The Job, Inc. Products or services have been modified by parties other than Plan The Job, Inc.; (ii) the Plan The Job, Inc. Products or services are used in conjunction with data where use with such data gave rise to the infringement claim; (iii) Customer’s failure to install upgrades or patches provided by Plan The Job, Inc. where such upgrade or patch would have removed the infringing condition; (iv) Customer’s use of the Plan The Job, Inc. Products or services in a manner inconsistent with Products or services Documentation; or (v) Customer’s use of the Plan The Job, Inc. Products or services not authorized by Plan The Job, Inc., where use gave rise to the infringement claim. If the Plan The Job, Inc. Products or services or any component thereof becomes, or in Plan The Job, Inc.'s opinion is likely to become, the subject of a claim of infringement, then Customer shall permit Plan The Job, Inc., at Plan The Job, Inc.'s sole option and expense, either to (i) procure for Customer the right to continue using the Plan The Job, Inc. Products or services as permitted in this Agreement, or (ii) replace or modify the affected Plan The Job, Inc. infringing component so that it becomes noninfringing. If, after using commercially reasonable efforts, Plan The Job, Inc. is unable to cure the infringement, either party may terminate this Agreement upon notice to the other. THIS SECTION 13.1.2 STATES THE ENTIRE LIABILITY OF PLAN THE JOB, INC. TO CUSTOMER WITH RESPECT TO INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS BY THE PLAN THE JOB, INC. PRODUCTS OR SERVICES.
8.2 Indemnification by Customer. Customer shall defend, indemnify, and hold harmless Plan The Job, Inc. and its affiliates, parents, and/or subsidiaries, and any of their officers, directors, agents and employees, from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including reasonable attorneys' fees and other litigation expenses) incurred by Plan The Job, Inc., arising out of or relating to (a) any breach or alleged breach by Customer of any representation, warranty, or obligation of Customer set forth in this Agreement; (b) any damage or loss caused by negligence, fraud, dishonesty or willful misconduct by Customer or any of Customer’s employees, agents or customers; (c) the reliability, accuracy, or legitimacy of payment data or purchase orders submitted by Customerto Plan The Job, Inc.; (d) payment card transactions submitted by Customer to Plan The Job, Inc. and rejected by Plan The Job, Inc. or an issuing bank; (e) any alleged infringement of a patent, copyright, trademark or other intellectual property right resulting from Customer’s actions; (f) claims by End Users, including, without limitation, claims relating to the disclosure of End User or consumer data; (g) any alleged or actual violation by Customer of any applicable laws, regulations or rules or any regulatory body or agency having jurisdiction over the subject matter hereof; or (h) any violation of Plan The Job, Inc.’s Acceptable Use Guidelines. In the event Customer cause fines and/or penalties to be charged to Plan The Job, Inc. by any entity, Customer agree to immediately reimburse Plan The Job, Inc. for said fines or penalties.
8.3 Indemnification Procedure. The obligations of each party (“Indemnitor”) under this Section to defend, indemnify and hold harmless the other party (“Indemnitee”) shall be subject to the following: (a) Indemnitee shall provide Indemnitor with prompt notice of the claim giving rise to such obligation; provided, however, that any failure or delay in giving such notice shall only relieve Indemnitor of its obligations under this section to the extent it reasonably demonstrates that its defense or settlement of the claim or suit was adversely affected thereby; (b) Indemnitor shall have control of the defense and of all negotiations for settlement of such claim or suit; and (c) Indemnitee shall cooperate with Indemnitor in the defense or settlement of any such claim or suit, provided that Indemnitee shall be reimbursed for all reasonable out-of-pocket expenses incurred in providing any cooperation requested by Indemnitor. Subject to clause (b) above, Indemnitee may participate in the defense of any such claim or suit at its own expense. Indemnitor shall not, without the consent of the Indemnitee, enter into any settlement that reasonably can be expected to require a material affirmative obligation of, result in any ongoing material liability to or materially prejudice Indemnitee in any way.
8.4 Exceptions. If Customer is an agency or instrumentality of a state of the United States and are precluded by the law of Customer’s state from entering into indemnification obligations, then the obligations under Sections
Sections 8.2 and 8.3 shall apply only to the extent permitted by such state law.
9. General Provisions.
9.1 Publicity. The parties may work together to issue publicity and general marketing communications concerning their relationship and other mutually agreed-upon matters, provided, however, that neither party will have any obligation to do so. In addition, neither party will issue such publicity and general marketing communications concerning this relationship or the Plan The Job, Inc. Products or services without the prior written consent of the other party (not to be unreasonably withheld or delayed).
9.2 Non-exclusivity. Each party acknowledges and agrees that the rights granted to the other party in this Agreement are non-exclusive, and that, without limiting the generality of the foregoing, nothing in this Agreement shall be deemed or construed to prohibit either party from participating in similar business arrangements as those described herein.
9.3 Relationship of the Parties. The parties are independent contractors and nothing in this Agreement shall make them joint venturers, partners, employees, agents or other representatives of the other party. Neither party shall make any representation that suggests otherwise. Customer further recognize that if Customer contracted for the Plan The Job, Inc. products or Services is an independent contractor and is not a joint venturer, partner, or agent of Plan The Job, Inc.
9.4 Notices. All notices to Customer shall be given electronically, sent to the electronic mail address provided by or for Customer during registration for the Plan The Job, Inc. Products or services and/or posted in the Announcement section of Customer’s payment gateway account(s).
All notices to Plan The Job, Inc. must be in writing and sent to Plan The Job, Inc., 16420 SE Mcgillivray Blvd. #103-550, Vancouver, WA 98683, Attention: General Counsel. Such written notice will be deemed given upon personal delivery, upon confirmation of receipt if sent by fax, or three (3) days after the date of mailing if sent by certified or registered mail, postage prepaid. Electronic mail notices shall be deemed given the next business day following the date delivered.
9.5 Amendment; Modifications. No amendment, modification, or change to any provision of this Agreement, nor consent to any departure by either party there from, will in any event be effective unless the same will be in writing and signed by the other party, and then such consent will be effective only in the specific instance and for the specific purpose for which given. Notwithstanding the foregoing, Plan The Job, Inc. may amend this Agreement at any time upon written or electronic notice to Customer of not less than ten (10) days prior to the effective date of such amendment; provided that the addition or change of service fees, will become effective upon at least thirty (30) days' notice. If Customer does not agree to such amendments, Customer’s sole remedy is to immediately Pay all outstanding balances in full and terminate this Agreement upon written notice to Plan The Job, Inc.
9.6 Severability; Headings. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision, which most closely approximates the intent and economic effect of the invalid provision. Headings are used for convenience of reference only and in no way define, limit, construe or describe the scope or extent of any section, or in any way affect this Agreement.
9.7 Governing Law; Jurisdiction. This Agreement and performance under it will be interpreted, construed and enforced in all respects in accordance with the laws of the State of Washington, excluding (i) that body of law known as conflicts of law and (ii) the United Nations Convention on Contracts for the International Sale of Goods. Customer hereby irrevocably consent to the personal jurisdiction of and venue in the state and federal courts located in Clark County, Washington with respect to any action, claim or proceeding arising out of or related to this Agreement and agree not to commence or prosecute any such action, claim or proceeding other than in such courts. No action, regardless of form, arising out of or in conjunction with the subject matter of this Agreement, except for claims involving intellectual property, claims to recover outstanding amounts due Plan The Job, Inc. and claims for indemnification, may be brought by either party more than one (1) year after the cause of action arose.
9.8 Waiver. The failure of any party to insist on or enforce strict performance of any provision of this Agreement or to exercise any right or remedy under this Agreement or applicable law will not be construed as a waiver or relinquishment to any extent of the right to assert or rely upon any such provision, right or remedy in that or any other instance; rather, the same will be and remain in full force and effect. Waiver by either party of a breach of any provision contained herein must be in writing, and no such waiver will be construed as a waiver of any other and/or succeeding breach of such provision or a waiver of the provision itself.
9.9 Assignment. Customer will not have the right or the power to assign any of Customer’s rights or delegate the performance of any of Customer’s obligations under this Agreement without the prior written consent of Plan The Job, Inc., including in the case of a merger.
9.10 Force Majeure. Neither party will be liable for any losses arising out of the delay or interruption of its performance of obligations under the Agreement due to any acts of God, acts of civil or military authorities, civil disturbances, wars, strikes or other labor disputes, fires, transportation contingencies, interruptions in telecommunications, utility, Internet services or network provider services, acts or omissions of a third party, infiltration or disruption of Services by a third party by any means, including without limitation, DDoS attacks, software viruses, Trojan horses, worms, time bombs or any other software program or technology designed to disrupt or delay the Plan The Job, Inc. Products or services, or other catastrophes or any other occurrences which are beyond such parties' reasonable control (each a “Force Majeure Event”), provided that the party delayed will provide the other party notice of any such delay or interruption as soon as reasonably practicable, will use commercially reasonable efforts to minimize any delays or interruptions resulting from the Force Majeure Event and in no event will any failure to pay any monetary sum due under this Agreement be excused for any Force Majeure Event.
9.11 Telephone Recording. Customer acknowledges, agrees and consents to Plan The Job, Inc. monitoring and recording any customer service telephone conversations with Customer at any time, without additional further notice to the parties to such conversations.
9.12 Entire Agreement. This Agreement together with all of Plan The Job, Inc.'s policies referenced herein sets forth the entire understanding and agreement of the parties, and supersedes any and all prior or contemporaneous oral or written agreements or understandings between the parties, as to the subject matter of this Agreement. Customer acknowledges that this Agreement reflects an informed, voluntary allocation between Plan The Job, Inc. and Customer of all risks (both known and unknown) associated with the Plan The Job, Inc. products or Services.
9.13 Survival. The provisions of this Agreement relating to any fees or other amounts owed, payment of interest on unpaid fees, confidentiality, warranties, limitation of liability, indemnification, governing law, severability, headings and this paragraph shall survive termination or expiration of this Agreement.