Terms and Conditions

Important notice: We do not require a signed agreement. Your use of any services or resource provided by us, including this website, constitutes your complete agreement with and acceptance of the terms and conditions set forth below (the “Terms and Conditions”). 

Harmony HR Experts LLC, dba Workplace Harmony (“Workplace Harmony”) is registered by the Commonwealth of Pennsylvania, and provides services throughout the United States of America with a core team of contract Consultants and freelancers.

Our service and these Terms and Conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania.

All transactions referenced herein are payable in United States Dollars (USD).

1 DEFINITIONS

1.1 “Buyer” means the individual or organization who buys or agrees to buy services from Workplace Harmony.

1.2 “Subscription” means the subscription package the Buyer purchases for the provision of Services incorporating these Terms and Conditions;

1.3 “Periodic Subscription” means a subscription package of 6 or 12 months, as the case may be, billed in cycles equal to the subscription term. 

1.4 “Services” means the services (administrative, technical, social, academic, etc.) that Buyer agrees to buy from Harmony HR Experts LLC, DBA Workplace Harmony;

1.5 “Supplier” means Harmony HR Experts LLC, DBA Workplace Harmony;

1.6 “Terms and Conditions” means the terms and conditions for the provision of Services set out in this document, together with any special terms and conditions agreed in writing by Workplace Harmony;

1.7 “Website” means www.workplaceharmonyhr.com and any subdomains.

1.8 “Billing Day” means the monthly anniversary of the original signup, upon which further monthly subscription fees will be taken. In the event that the original Billing Day is not a working day in a future month, the fees will be taken on the first working day of the month.

1.9 “Signup form” means the Website’s fill-in-the-blank form where the subscription to be purchased is chosen, the price of each task purchased is agreed, the agreement to the Supplier’s terms and conditions is made and the Buyer’s initial purchase is made.

2 CONDITIONS

2.1 These Terms and Conditions shall apply to all contracts for the provision of Services by Supplier to the Buyer. To the extent that the Terms and Conditions set forth below materially differ from the terms and conditions referenced in and submitted with Buyer’s proposal, these Terms and Conditions shall control. .

2.2 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by Supplier.

2.3 Any complaints should be addressed to www.workplaceharmony.com.

2.4 Any special conditions applying to the provision of the Services are set out in the Schedule to these Terms and Conditions.

2.5 Nothing in these Terms and Conditions shall be taken to confer any rights upon Third Parties, it being understood that there are no third-party beneficiaries of these Terms and Conditions.

3 ORDERING

3.1 All subscriptions for Services shall be deemed to be an offer by the Buyer to purchase Services pursuant to these Terms and Conditions, and are subject to acceptance by Supplier. The Supplier may choose not to accept a subscription for any reason.

4 PRICE AND PAYMENT

4.0 The prices of the Services subscription shall be as set-forth on the home page of the Website in effect at the time of the Subscription or Subscription renewal, and are stated on a monthly-price basis. The prices are exclusive of tax.

4.1 Payment of the monthly Subscription price must be made monthly by credit or debit card, or direct debit. Payment of Periodic Subscription (Monthly. 6 Month, or Yearly) price must be made at the start of the subscription period by PayPal, credit or debit card, or direct debit. Payment must be made without deduction or offset.

4.2 Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue, and the Supplier will be entitled immediately to cease or suspend the provision of the relevant Service until payment has been received.

4.3 Supplier reserves the right to refer unpaid and overdue invoices to an accredited debt collector of Supplier’s choosing, which may incur additional fees. Further, Buyer shall be responsible to pay Supplier’s reasonable collection costs, including reasonable attorney fees.

4.4 Subscription fees are taken on the Buyer’s Billing Day at the beginning of the monthly or Periodic Subscription period. 

4.5 Fees for additional work requested by the Buyer in excess of current Subscription package are due prior to the commencement of any additional work, and can be made via Pay Pal, credit or debit card or direct debit.

4.6 Refunds of monthly Subscriptions are solely at the discretion of Supplier. DUE TO THE DISCOUNTED PACKAGE RATES FOR PERIODIC SUBSCRIPTIONS, THERE ARE NO REFUNDS FOR PERIODIC SUBSCRIPTION PAYMENTS. 

5 PERFORMANCE AND TERMINATION

5.1 Supplier shall perform the Services with reasonable skill and care, making every effort to complete the work according to specifications. Supplier may have to suspend the Services for repair, maintenance or improvement. If so, Supplier will restore the Services as quickly as is reasonably possible.

5.2 Unless a Periodic Subscription package is purchased, the Services are subject to an initial contract period of one month, and shall continue thereafter on a month-to-month basis unless and until terminated in accordance with these Terms and Conditions. 

5.3 Subject to clause 5.2, either party may terminate Services pursuant to these Terms and Conditions by giving to the other one full month’s written notice in the case of Monthly Subscriptions, or written notice no later than one (1) month prior to the end of the Periodic Subscription, as the case may be. Payment shall be due through the effective termination date. Should notice be given part way through a billing period, notice is deemed to be given as of the Customer’s next Billing Day. Should the account be terminated by the Buyer, account information will be required for account security purposes. After the end of the paid-for period, Buyer will have no further access to the account and all data relating to Buyer may be deleted within one month.

5.4 Supplier may terminate or suspend some or all of the Services pursuant to these Terms and Conditions immediately on written notice to the Buyer if Buyer breaches any term or condition hereunder, and any payment then due shall remain payable and, any payment already paid will be non-refundable.

5.5 Supplier may terminate this or suspend some or all of the Services should the Buyer become financially insolvent.

5.6 Buyer agrees that Supplier is not a recruitment agency or broker, and does not search or specifically select staff or third parties on behalf of the Buyer and therefore relevant recruitment agency laws and regulations do not apply to the Supplier. 

6 RIGHTS OF SUPPLIER

6.1 Supplier reserves the right to periodically update any prices shown on the Website, which cannot be guaranteed for any period of time. The Supplier shall make every effort to ensure any prices shown are correct at the point at which the Buyer purchases a subscription.

6.2 If the Supplier updates the price paid by an existing Buyer, notice shall be provided to the email address held on record for the account no less than one full month prior to the effective date of the change, and at least one month prior to the renewal of annual accounts. The price update shall only be effective as to Services provided after the end of the then-current Subscription or Periodic Subscription period.

6.3 Supplier reserves the right to withdraw the Services from the Website at any time.

6.4 Supplier shall not be liable to anyone for withdrawing the Services from the Website or for refusing to process an order after the effective date of the change in Services.

6.5 Supplier may assign its rights hereunder to a third party after giving 30 days’ notice to the Buyer via their account.

7 UNAUTHORIZED USE OF SERVICES

7.1 If Supplier discovers that Buyer is not legally or contractually entitled to utilize certain Services or articles, or is improperly sharing Services, Supplier shall be entitled to cancel the order immediately, without notice.

8 CANCELLATION WHEN BUYING AS A CONSUMER

If purchasing, Buyer has the right to cancel the subscription by notice in writing at any time before seven (7) working days have passed from the day after the subscription was purchased. However, since Buyer will have already had full access to Supplier’s on-line materials prior to cancellation, refunds will be limited to twenty-five percent (25%) of the amount Buyer has paid.

9 LIMITATION OF LIABILITY

9.1 Except to the extent prohibited by applicable law, in the event of any breach of these Terms and Conditions by Supplier, the remedies of Buyer shall be limited to damages, which shall in no circumstances exceed one month of the regular monthly subscription price of the Services paid by Buyer Under no circumstances shall Seller be liable to Buyer or any third party for any lost profits or any indirect, incidental or consequential loss or damage whatsoever. Further, Supplier shall not be responsible for any loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Supplier and/or its employees. Supplier cannot guarantee that the service will be uninterrupted or error-free, or meet Buyer’s or Client's requirements.

9.2 Nothing in these Terms and Conditions shall exclude or limit the liability of Supplier for death or personal injury resulting from the negligence of Supplier or that of Supplier’s agents or employees.

9.3 Supplier makes no warranties of any kind, expressed or implied, for the services provided. SUPPLIER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR ANY PARTICULAR PURPOSE.

9.3d Supplier is not responsible for any loss or damages Buyer or business may suffer as a result of a fraudulent or negligent activity carried out by any agent, person, freelancer or company working in association with or on behalf of Supplier. Buyer accepts all responsibility and risk for sharing any sensitive data, including financial or payment information, with any agent, person, freelancer or company working in association with or on behalf of Supplier. Supplier does not recommend the sharing of credit card information. If credit card information is shared we suggest use of secure agreed upon methods. Supplier accepts no responsibility for personal information shared. 

10 WAIVER

No failure or delay by Supplier (whether express or implied) in enforcing any of its rights under these Terms and Conditions shall constitute or be deemed a waiver its rights to enforce such rights in the future.

11 FORCE MAJEURE

Supplier shall not be liable for any delay or failure to perform any of its obligations to the extent the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, pandemic, government shutdown order, strikes, lock outs, accidents, war, fire, flood or failure of any communications, telecommunications or computer system, and Supplier shall be entitled to a reasonable extension of any obligations so delayed.

12 SEVERANCE

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by tribunal of competent jurisdiction, such provision shall be severed, and the remainder of the provisions hereof shall continue in full force and effect.

13 CHANGES TO TERMS AND CONDITIONS

13.1 Supplier shall be entitled to  prospectively revise these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer and or Client upon making a purchase until the Buyer’s or Client's monthly renewal of the Services occurs.

13.2 Monthly renewal of the Services will be subject to the Supplier’s then current Terms and Conditions.

13.3 Notification of changes to these Terms and Conditions will be made to the Buyer’s account.

13.4 The Supplier shall be entitled to alter the price of the Services provided at any time. Price changes will take effect in the next billing due, providing 10 business days’ notice has been provided within the Buyer’s account.

14 GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the law of the Commonwealth of Pennsylvania, and the parties hereby submit to the exclusive jurisdiction of the Court of Common Pleas of Montgomery County, Pennsylvania and the United States District Court for the Eastern District of Pennsylvania.

MISCELLANEOUS

1. Buyer understands acknowledges that in order to arrange for the provision of products and services for Buyer, it may be necessary for Supplier to provide a third party with the Buyer’s information.

2. Supplier may contact Buyer by online customer portal, email, and post. Buyer can request that contact from Supplier via a specific means ceases by contacting Supplier at Advisor@workplaceharmonyhr.com. 

3. Buyer is hereby granted a revocable, non-exclusive license to access Supplier’s software and systems on Supplier’s servers for the duration of Buyer’s Subscription. All intellectual property and other data found on Supplier’s servers is and shall remain the exclusive property of Supplier.

4. Buyer understands and acknowledges that Supplier is not an employment agency, recruitment organization or broker.
5.  The Supplier will not be able to complete tasks that involve the installation or use of Buyer agrees for itself, its officers, employees or associates that it and they may not at any time, either during or within five (5) years of the last provision of service by The Supplier, solicit, encourage or induce any employee, agent or freelancer who is engaged in (or has been engaged in) a commercial relationship with Supplier to contract with, be employed by, be rewarded by or paid by Buyer or any of its officers, employees or associates – either directly or indirectly for a period (6) six months after the termination of Buyer’s last Subscription.
6. Should the Buyer and or Client or any of its officers, employees or associates breach this term, a fee of $15,000.00 shall become payable by Buyer to Supplier immediately. Supplier shall have the right to invoice the Buyer for this fee if it has a reasonable suspicion that the Buyer in breach of this covenant specialist software at their end unless agreed in advance.

7. Buyer and or Client agrees not to compete with Harmony HR Experts LLC, DBA Workplace Harmony by offering Consultant services to anyone while a client of Harmony HR Experts LLC, DBA Workplace Harmony under any business umbrella owned or associated with the client and for a period of 5 years after the termination of services utilized through Harmony HR Experts LLC, DBA Workplace Harmony.

8. Buyer and or Client agrees not to use or disclose privileged information regarding the layout, use or operation of the Harmony HR Experts LLC, DBA Workplace Harmony website at anytime.

REFUND POLICY

Except as otherwise set forth above, refunds are not permitted.