Last Updated: [Date]
Disclaimer: This is a draft template. HECS **must** have a qualified business attorney in your jurisdiction review and finalize this document to ensure it protects your LLC adequately and complies with all relevant laws (e.g., FERPA, consumer protection laws). Please fill in all bracketed `[Please Insert Information]` fields.
These Terms and Conditions ("Terms," "Agreement") constitute a legally binding agreement between Higerer Education Consulting Services, LLC (hereinafter referred to as "HECS," "Company," "we," "us," or "our") and the individual or entity seeking services or utilizing our resources ("Client," "User," or "you").
By accessing our websites, specifically higherservices.net (the "Website"), accessing our proprietary platform resources at myhecs (the "Platform"), or engaging us for educational consulting services (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms.
If you are entering into these Terms on behalf of a minor (e.g., a parent engaging services for a student), you warrant that you have the legal authority to accept these Terms on that minor’s behalf. If you do not agree to these Terms, you must not access our Websites, Platforms, or use our Services.
HECS provides professional educational consulting. This may include, but is not limited to, college admissions guidance, academic planning, financial aid advising, essay review, and career pathway counseling.
To facilitate these Services, we utilize digital resources:
The specific scope of consulting services provided to you will be outlined in your specific client service agreement or engagement letter ("Service Agreement"), which, once executed, is incorporated by reference into these Terms. In the event of a conflict between a Service Agreement and these general Terms, the Service Agreement shall control regarding the scope of work and fees.
Crucial Disclaimer: HECS provides expert advice, strategic guidance, and support based on our professional experience in the higher education sector. However, admission decisions, scholarship awards, and financial aid determinations are made entirely by third-party institutions (colleges, universities, and scholarship foundations) over whom we have no control.
Therefore, HECS does not and cannot guarantee admission to any specific institution, the receipt of any specific amount of financial aid or scholarships, or any specific academic or career outcome. You acknowledge that you are paying for our time, expertise, and guidance, not for a guaranteed result.
Subject to your compliance with these Terms, HECS grants you a limited, non-exclusive, non-transferable, and revocable license to access and use higherservices.net and the myhecs Platform solely for your personal, non-commercial use related to receiving our Services.
Access to the myhecs Platform may require registered credentials. You agree to provide accurate, current, and complete information during the registration process. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to notify HECS immediately of any unauthorized use of your account.
When using our Website or Platform, you agree not to:
To ensure the effectiveness of our Services, you agree to:
Fees for our Services are determined by the specific package or hourly rate chosen by the Client as detailed in the Service Agreement at the time of purchase.
Unless otherwise agreed in writing, payments are due [e.g., in full upfront / in installments as defined in your Service Agreement]. Access to Services and the myhecs Platform may be suspended for non-payment.
You may cancel Services within three (3) days of initial purchase of coaching sessions for an 80% refund, provided no substantive consulting work has begun. After this period, or once substantive work has commenced (including, but not limited to, initial intake calls, document review, or resource allocation on the myhecs platform), fees are non-refundable.
All content included on higherservices.net, the myhecs Platform, and materials provided during consulting (including methodologies, worksheets, guides, graphics, logos, and software) is the property of Higerer Education Consulting Services, LLC or its content suppliers and is protected by copyright and other intellectual property laws. You may not reproduce, distribute, or create derivative works from our content without express written permission.
You retain ownership of all personal data, essays, and academic records you submit to us ("Client Materials"). You grant HECS a license to use, host, store, and reproduce Client Materials solely for the purpose of providing the Services to you.
We respect your privacy and the sensitivity of educational records. Our collection and use of personal information in connection with the Services is described in our Privacy Policy [Please Insert Link to Your Privacy Policy Here].
HECS agrees to keep confidential all non-public personal information provided by the Client, including transcripts, test scores, and financial data. We will not disclose this information to third parties except as required to provide the Services, as required by law, or with your written consent.
THE SERVICES, WEBSITES, AND MYHECS PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. HECS DOES NOT WARRANT THAT THE SERVICES OR PLATFORMS WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HIGERER EDUCATION CONSULTING SERVICES, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, WEBSITES, OR PLATFORM, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT HECS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE TOTAL CUMULATIVE LIABILITY OF HECS TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO HECS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
You agree to defend, indemnify, and hold harmless HECS and its affiliates, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or the inaccuracy of any information you provide to us.
These Terms shall be governed by and construed in accordance with the laws of the State of [Insert Your LLC's Home State], without regard to its conflict of law principles.
Any dispute arising out of or relating to these Terms or the Services that cannot be resolved through good-faith negotiation shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in [Insert City and State where arbitration would occur], in accordance with its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
HECS reserves the right to modify these Terms at any time. We will provide notice of material changes by updating the "Last Updated" date at the top of these Terms or by posting a notice on our Website/Platform. Your continued use of the Services after such changes constitutes your acceptance of the new Terms.
If you have any questions regarding these Terms, please contact us at:
Higerer Education Consulting Services, LLC