Resume ROAST

The most important things you need to know:

• All sales are final. If you change your mind or no longer need the review, you may ask to gift your fee to another job seeker by sending an email to kamara@kamaratoffolo.com. You may provide the email address of the person you want to gift it to, or you can gift it to an anonymous recipient – the choice is yours.
• The service fee includes the resume review, and does not include any calls, additional emails, or edits. When your marked-up resume and resume review video is sent back to you, the resume review service is deemed complete. 
• Please provide your resume to Kamara Toffolo within 7 calendar days of submitting your payment. Please email it to kamara@kamaratoffolo.com
• While Kamara Toffolo endeavours to complete your review within current estimated turnaround times, this is an estimate and may be subject to change or delays.
• After receiving your marked-up resume back with your video review, you will need to make updates and edits. After updates and edits have been made, make sure to proofread your resume, as well has have it proofread by a third party, and confirm all information is accurate before putting your resume to use.

The legal fine print:

Payment of this invoice (the “Invoice”) indicates you have read, understood, and agree to abide by all the terms and conditions set forth herein (the “Agreement”).

The terms and conditions herein govern the relationship between you (the “Client”) and Toffolo Enterprises Inc. d/b/a Kamara Toffolo (the “Service Provider”).

1. SCOPE

1.1 The Client hereby engages the Service Provider and the Service Provider hereby accepts the engagement to provide a Resume Review service as further stipulated in the Invoice (collectively, the “Service”). The Invoice is incorporated by reference and forms an integral part of this Agreement.

2. SERVICE TERMS

2.1 Service shall be provided at mutually agreed upon dates and times. The date that the Client submits payment and all necessary documents to the Service Provider is deemed the “Commencement Date”.  All Service shall be completed in a timely manner, subject to circumstances which are beyond the Service Provider’s control.

2.2 The Client herein confirms, understands and acknowledges that the Service Provider is not a licensed psychologist, human resources professional, legal professional, or health care professional. The Service Provider will, at all times, exercise its best professional efforts, skills and care in providing Service to the Client. The Service Provider’s Service does not replace the care of psychologists or other health care professionals, nor does its Service replace those provided by a human resource and/or legal professional. The Client is encouraged to seek the services of other professionals as needed and as applicable.

2.3 The Service Provider agrees to keep all information with the Client private and confidential except where (a) the Service Provider is legally required to disclose such information, or (b) such conversations and information becomes generally available to the public other than as a result of the Service Provider’s breach of this Agreement. No personal ideas, information or thoughts expressed will be shared with anyone except with explicit written permission from the Client.

2.4 If the Client wishes for the Service Provider to speak to a third party outside of the resume review relationship regarding the Client, or to share information with a third party, the Client agrees to provide explicit written consent (ex. original copy of a signed letter or email) for the Service Provider to speak to such third party, or for the Service Provider to release information about the Client to such specified third party.

2.5 The Client can, at any point during the Service, declare the Client’s preference to not share certain information by advising the Service Provider of the same. The Service Provider agrees to respect this boundary and will not attempt to forward the discussion regarding that issue.

3. FEES & TERMINATION

3.1 The fees for the Service are stipulated in the Invoice (the “Fees”). All Fees are subject to applicable taxes. Payment of the Fees is required in full prior to the commencement of the Service.

3.2 This Agreement shall become effective on the date the Fees are received, in full, by the Service Provider and shall expire upon the completion of the Service. Subject to Section 3.3 below, the Client may terminate this Agreement prior to expiration for any reason, and the Client agrees to provide written notice of such termination to the Service Provider by email to kamara@kamaratoffolo.com.

3.3 Upon the Commencement Date, the Fees shall be non-refundable.

4. CLIENT COVENANTS

4.1 The Client herein confirms that the Client is over the age of majority and that the Client is of sound mind and capable of entering into this Agreement.

4.2 The Client agrees at all times to provide true and accurate information to the Service Provider. The Service Provider will not confirm or attempt to confirm information provided by Client and will not be responsible for the accuracy or truthfulness of the information provided by Client. The Client will indemnify and hold the Service Provider harmless from and against any and all losses as a result of claims by third parties based on of any information provided by the Client.

4.3 The Service Provider relies solely on the information provided by the Client in order to successfully carry out the Service. The Client shall provide all reasonable assistance, direction, and cooperation to the Service Provider in order to complete the Service in a timely and efficient manner. The Service Provider will not be responsible for the failure to deliver the Service in a timely manner due in whole or in part to the Client’s acts, omissions and/or misrepresentations.

5. SERVICE PROVIDER COVENANTS 

5.1 The Service Provider cannot guarantee the outcome of the Service, or that the Service Provider’s advice, recommendations, comments or any other part of the Service will result in a particular outcome or desired result. The Service Provider cannot and does not make any guarantees other than to deliver the Service as described under the description in the Invoice.

5.2 The Service Provider is not responsible for delays caused by unforeseen circumstances, such as computer problems, e-mail delivery problems, security breaches, or any other causes beyond its control. 

6. SERVICE PROVIDER DISCLAIMER AND LIMITATION OF LIABILITY

6.1 The Service Provider warrants that it shall perform the Service in a timely, workmanlike, and professional manner in accordance with generally recognized industry standards for similar services. THE SERVICE PROVIDER (a) MAKES NO WARRANTIES EXCEPT FOR THAT SET OUT ABOVE; AND (b) DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND FREE AND CLEAR TITLE.

6.2 IN NO EVENT SHALL SERVICE PROVIDER BE LIABLE TO CLIENT OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

6.3 IN NO EVENT SHALL SERVICE PROVIDER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNT PAID OR PAYABLE TO SERVICE PROVIDER PURSUANT TO THE AGREEMENT/INVOICE GIVING RISE TO THE CLAIM.

6.4 Sections 6.1, 6.2, and 6.3 shall apply irrespective of the nature of the cause of action underlying a claim, demand, or action by the Client, including but not limited to breach of contract and tort.

6.5 This Section 6 shall survive the expiration or earlier termination of this Agreement.

7. ASSIGNMENT

7.1 Neither this Agreement nor any of the rights, duties or obligations under this Agreement are assignable or transferable by a party without the prior written consent of the other party. Any attempt to assign any of the rights, duties, or obligations in this Agreement without such written consent is void.

8. TESTIMONIAL

8.1 The Service Provider would be very appreciative to receive the Client’s testimonial. In the event that the Client agrees, in writing, to post or submit a testimonial, then the Service Provider can display the testimonial along with the Client’s personal information, which may include: first and last name, occupation, city and province/state, website (if one exists) and photo, on Service Provider’s marketing materials and on social media platforms.

9. GENERAL PROVISIONS

9.1 Amendment: Any amendments to the Invoice relating to either the Service or the Fees must be agreed to, in writing, by both the Service Provider and the Client before becoming effective.

9.2 Counterparts: This Agreement may be executed in any number of counterparts, including by way of facsimile, e-mail or other functionally equivalent electronic means of transmission. Each executed counterpart shall be deemed to be an original; all executed counterparts taken together shall constitute one agreement.

9.3 Entire Agreement: This Agreement constitutes the whole of the agreement between the Parties and supersedes all prior negotiations, representations or agreements.

9.4 Severability: If any provision of this Agreement is determined by an arbitrator or a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be severed from this Agreement and the remaining provisions will continue in full force and effect, without amendment.

9.5 Waiver: The failure or delay by a party in enforcing, or insisting upon strict performance of, any provision of this Agreement does not constitute a waiver of such provision or in any way affect the enforceability of this Agreement (or any of its provisions) or deprive a party of the right, at any time or from time to time, to enforce or insist upon strict performance of that provision or any other provision of this Agreement. Any waiver by a party of any provision of this Agreement is effective only if in writing and signed by a duly authorized representative of such party.

9.6 Governing Law and Choice of Forum: This Agreement is governed by the laws of the province of Ontario, without regard to conflict of laws principles that would require the application of the laws of another jurisdiction. The parties irrevocably submit to the exclusive jurisdiction of the courts of the province of Ontario.

9.7 Costs: Except as otherwise expressly provided in this Agreement, all costs and expenses incurred in connection with this Agreement and the matters or transactions contemplated herein are to be paid by the party incurring such costs and expenses. If this Agreement is terminated, the obligation of each party to pay its own costs and expenses will be subject to any rights of such party arising from a breach of this Agreement by the other party or parties.

9.8 Independent Legal Advice: The Client hereby acknowledges and agrees that it has had the full opportunity to consider this Agreement and to seek independent legal advice regarding this Agreement.