Our Terms & Conditions were last updated on 02/04/2024.
Please read these terms and conditions ("the Terms") carefully before using our the services offered by Nomad Growth Consulting ("the Services"). These Terms shall govern the use of all pages on this website and any services provided by Nomad or on this website (“Services”). The Contractor operates under the brand “Nomad Growth Consulting” and WorkWithNomad is not a LinkedIn product. You understand that like any third-party software or tools, LinkedIn Corporation does not endorse the use of Nomad nor does LinkedIn Corporation have any association with Nomad.
1. Binding Agreement
The Terms are a binding legal contract between you ("the Client") and Nomad Growth Consulting ("the Contractor"), and when referred to together "the Parties".
Please read the Terms carefully before using the Services. Your use of the Services means that you agree to be bound by the Terms. Do not use the Services if you do not accept the Terms.
2. Privacy Information
Through the Client's Use of the Services, the Client may provide the Contractor with certain information. Collection and use of the Client's personal data is governed by our Privacy Policy.
When collection and use of personal data in conducted on the Client's behalf, which is in the context of delivering Nomad's Services to the Client, that processing is governed by our Nomad Data Processing Addendum.
3. Payment and Renewal of the Subscription
i. By selecting a monthly subscription, the Client agrees to pay the Contractor the monthly fees indicated for that service. The payment is collected at the time of subscribing and after the first month on the same date every following month.
ii. Unless the Client notifies the Contractor before the end of the applicable subscription period that they want to cancel, the subscription will renew automatically. The Client authorises us to collect the then-applicable monthly fee using any credit card or other payment mechanism we have on record for the Client.
iii. The Contractor reserves the right to change the payment terms upon thirty (30) days prior written notice to the Client.
iv. All amounts payable are quoted excluding taxes. The Client shall pay any and all taxes imposed by any government on the amounts payable for the services.
v. If the Client wishes to cancel their subscription, Nomad requires the Client to give a period of notice of 30 days.
vi. In case the Client cancels their subscription, the Client's account shall stay active until the end of the billing period.
vii. The Client shall not make any chargebacks to the Company’s account. The Client shall pay for any fees associated with recouping payment, including but not limited to, collections fees and attorneys’ fees.
4. Ownership of Intellectual Property
In the execution of these Terms, it will be necessary for the Contractor and Client to review and possess proprietary information about the other party’s business. The Contractor will provide services, technology, and expertise that they have developed at their expense and through their business experience. In working with the Contractor, the Client may share information about products or services it delivers, client lists, and other information material to the conducting of its business.
i. Both parties agree to make all reasonable efforts to keep the other party’s information confidential, and that to share it might or would harm the other party.
ii. The Contractor will, in their marketing and advertising efforts, use images or videos of behind the scenes work, completed work, or summary results obtained by Client after working with the Contractor. For example, the Contractor may quote increases in customer counts or revenue generated by the Client. The Contractor agrees to keep the Client's identity anonymous in these marketing and advertising efforts, unless otherwise agreed.
iii. The Client agrees that the Services provided by the Contractor are the property of the Contractor, including all copyrights, trademarks, trade secrets, patents and other intellectual property (“Company IP”). The Client agrees that the Contractor owns all right, title and interest in and to the Company IP and that the Client will not use the Company IP for any unlawful or infringing purpose. The Client agrees not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Contractor.
5. Independent Contractor
Each Party shall act solely as an independent contractor, and nothing in these Terms shall be construed to give either Party the power or authority to act for, bind, or commit the other Party in any way. Nothing herein shall be construed to create the relationship of partners, principal and agent, or joint-venture partners between the Parties.
6. Severability
In case any provision in these Terms shall be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
7. Responsibilities of Client
In addition to paying for the services rendered by the Contractor, the Client shall be responsible for the following:
i. Providing the Contractor with any necessary passwords and access to any locations necessary in a reasonable timeline for the Contractor to complete the work;
ii. Providing graphics and text for the projects, including, but not limited to, images, product copy, product or service names, descriptions, warranties, guarantees or claims;
iii. Carefully reviewing the work prior to the work being finalised for production and providing the Contractor with additions, updates, changes, or corrections.
iv. Client shall provide detailed information that will allow the Contractor to complete the work;
v. Client is solely responsible for proofing provided work for errors prior to acceptance of final product.
8. Responsibilities of Contractor
i. Producing the work in a manner acceptable to the Client based on the proposal;
ii. Providing the Client with drafts or working copies of the work in progress for review, editing, or correction by the Client;
iii. Correcting and/or editing the work within a reasonable period of time once Client has provided written updates or corrections.
iv. A priority of the Contractor is to promote diversity, equity, and inclusion in all business activities. Nomad Digital Agency will not create, coach, or participate in work that a reasonable person would consider racist or defamatory to any federally protected class of individuals.
9. Additions, Corrections, and Changes to the Work
The parties acknowledge that it is sometimes necessary and/or prudent to make additions, corrections, or changes to the work in progress. Accordingly, the Contractor will provide the Client with copies of the work at regular intervals for approval (as per Responsibilities of Contractor). Client is required to submit all changes, additions, or corrections to Contractor in writing or via email. Client acknowledges that written directions are necessary to avoid confusion and ensure that each change requested is made accurately.
10. Scope Creep
Client acknowledges that once this project has begun, it may be requested that the scope of the project be extended or enlarged. It will be solely within the Contractor’s discretion whether to complete the work under this Contract or request an Amendment to the Contract and/or additional compensation.
11. Disclaimer of Warranties
The Services provided to the Client by the Contractor under these Terms are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose.
If after 90 active days on the WorkWithNomad platform, the client has not received leads which they are reasonably satisfied with, Nomad will provide a full refund minus setup costs. In order for this to be valid, Nomad must be given the opportunity to rectify the situation first.
12. Refund Policy
Nomad Growth Consulting offers non-tangible services and as such, does not issue refunds, unless required by law. In the event of deficiency in service, Nomad Growth Consulting will make every reasonable effort to rectify the problem and rework the task / assignment / project and deliver it back to the client.
13. Hold Harmless
Client agrees to indemnify and hold Contractor harmless from any and all actions, causes of action, judgements, liens, or claims made by third parties arising out of the work completed by Contractor.
14. Invoices and Payment
Payment is due upon receipt of the invoice or payment link. All payment is made via Stripe invoicing. A 1% late fee will be added for invoices not paid within 14 days of the date of invoice and every 30 days thereafter until payment is received.
15. Age Restriction
You must be at least 18 (eighteen) years of age to use this Website or any Services contained herein. By using the Services, the Client represents and warrant that the Client is at least 18 years of age and may legally agree to the Terms. The Contractor assumes no responsibility or liability for any misrepresentation of the Client's age.
16. Acceptable Use
The Client agrees not to use the Services for any unlawful purpose, or any purpose prohibited under this clause. The Client agrees not to use the Services in any way that could damage the Services or general business of the Contractor. The Client further agrees not to use the Services:
i. To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
ii. To violate any intellectual property rights of the Company or any third party;
iii. To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
iv. To perpetrate any fraud;
v. To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
vi. To publish or distribute any obscene or defamatory material;
vii. To publish or distribute any material that incites violence, hate or discrimination towards any group;
viii. To unlawfully gather information about others.
17. Reverse Engineering & Security
The Client agrees not to undertake any of the following actions:
i. Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the website or Services;
ii. Violate the security of the website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
18. Third-Party Links & Content
The Contractor may occasionally post links to third-party websites or other services. The Client agrees that the Contractor is not responsible or liable for any loss or damage caused as a result of their use of any third-party services linked to from the Nomad website.
19. Modification & Variation
The Contractor may, from time to time and at any time without notice to You, modify these Terms. The Client agrees that the Contractor has the right to modify the Terms or revise anything contained herein. The Client further agrees that all modifications to the Terms are in full force and effect immediately upon posting on the website and that modifications or variations will replace any prior version of the Terms, unless prior versions are specifically referred to or incorporated into the latest modification or variation of the Terms.
In case any part or sub-part of the Terms is held ineffective or invalid by any court of law, You agree that the prior, effective version of this Agreement shall be fully considered enforceable and valid.
The Client agrees to routinely monitor the Terms and refer to the Effective Date posted at the top of the Terms to note modifications or variations. The Client further agrees to clear their cache when doing so to avoid accessing a prior version of the Terms. The Client agrees that their continued use of the website or Services after any modifications to the Terms is a manifestation of their continued assent to the Terms.
In the event that the Client fails to monitor any modifications to or variations of the Terms, the Client agrees that such failure shall be considered an affirmative waiver of their right to review the modified Terms.
19. Entire Agreement
These Terms constitutes the entire understanding between the Parties with respect to any and all use of this website or Service. These Terms supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this website or Services.
By using the Services, you agree to be bound by the Terms. Do not use the Services if you do not accept the Terms.