This Master Terms of Service Agreement (the “Agreement”) is entered into by and between IT Pros – Philadelphia, LLC dba IT Pros (or its legal successor, “IT PROS”), a limited liability company organized under the laws of the Commonwealth of Pennsylvania, with its principal place of business at 878 W Street Road, West Chester, PA 19382, and The Client (the “Client”), an individual who purchases, registers for, or utilizes any of the Services (as defined below). IT PROS and the Client are hereinafter collectively referred to as the “Parties” and individually as a “Party.”
RECITALS
- WHEREAS, IT PROS provides professional career development, technical portfolio engineering, automated application logistics, network referral engineering, and premium job search support services (the “Services”) through various distinct service tiers;
- WHEREAS, the Client desires to engage IT PROS for one or more of these Services;
- WHEREAS, the Parties intend for this Agreement to govern the provision and receipt of all Services offered by IT PROS, including the specific payment, success fee, and operational terms applicable to each service tier.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
ARTICLE I: GENERAL PROVISIONS
1.1. Acceptance of Terms & Electronic Execution
The Client acknowledges and agrees that by clicking the “Pay” button, completing the checkout transaction through the Stripe payment portal, checking the box acknowledging these terms, or submitting registration information, the Client is electronically executing this Agreement and expressly agrees to be bound by all terms, caps, conditions, and payment structures contained herein. This action constitutes the Client’s full, unconditional, and legally binding acceptance of these Terms of Service.
1.2. Governing Law, Exclusive Venue, and Remedies
This Agreement shall be governed by, and construed in accordance with, the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws principles. Any legal action, claim, or dispute arising out of or relating to this Agreement, its execution, or its breach shall be subject to the exclusive jurisdiction of the Court of Common Pleas of Chester County, Pennsylvania. In the event of a material breach or non-payment, both parties retain all legal and civil remedies available under Pennsylvania civil law. Nothing in this contract prevents either party from raising good-faith disputes regarding service execution, scheduling, or technical asset delivery.
1.3. Disclaimer of Guarantee
THE CLIENT ACKNOWLEDGES AND AGREES THAT IT PROS DOES NOT GUARANTEE, WARRANT, OR PROMISE ANY SPECIFIC OUTCOME, INCLUDING BUT NOT LIMITED TO, JOB PLACEMENT, INTERVIEW VOLUME, SALARY LEVEL, OR CAREER ADVANCEMENT. The Services are strictly advisory and consultative in nature. The ultimate success of the Client’s job search and career development rests solely with the Client.
1.4. Limitation of Liability
IN NO EVENT SHALL IT PROS BE LIABLE TO THE CLIENT OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUE, OR DATA DISCREPANCIES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF IT PROS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
1.5. Fair Use Policy (General)
Any service tier offering “Unlimited” features is subject to a strict Fair Use Policy. The Services are intended solely for the Client’s personal individual career development and job search needs. IT PROS reserves the right to suspend or terminate the Services if the Client’s usage is deemed, in IT PROS’s sole but reasonable discretion, to be excessive, abusive, or materially outside the scope of typical individual executive career support needs.
ARTICLE II: SERVICE TIERS AND SPECIFIC TERMS
The Services are offered under various distinct tiers and programs, each governed by the general provisions of Article I and the specific terms detailed below.
2.1. 1:1 CAREER ACCELERATOR PROGRAMS
A. 4-Week 1:1 Career Accelerator Sprint
- Pay in Full: $997.00 USD.
- Deferred Payment Option: $299.00 USD upfront deposit plus a $1,200.00 USD success fee due upon offer acceptance.
- Scope of Service: Includes 4 weekly private 1:1 coaching sessions, resume and LinkedIn profile overhaul, target employer list mapping, custom outreach templates, and weekly pipeline review.
B. Month-to-Month Mentorship
- Recurring Fee: $699.00 USD per month.
- Scope of Service: Includes ongoing 1:1 pipeline management, weekly accountability calls, active interview preparation, and offer and salary negotiation strategy.
C. 3-Month Accelerator
- Pay in Full: $1,899.00 USD.
- Deferred Payment Option: $499.00 USD upfront deposit plus a success fee equal to 5% of first-year base salary due upon offer acceptance.
- Scope of Service: Includes a full 90-day 1:1 transformation, end-to-end positioning and executive branding, weekly 1:1 coaching and accountability, and complete offer negotiation guidance.
2.2. VIP & EXECUTIVE ADVISORY
- Pay in Full: $3,500.00 USD.
- Deferred Payment Option: $1,000.00 USD upfront deposit plus a $4,000.00 USD success fee due upon offer acceptance.
- Scope of Service: Includes white-glove support for VP, Director, and C-Suite leaders, unlimited 1:1 coaching sessions, priority text/WhatsApp access, personal executive positioning, and strategic network introductions until placed.
2.3. DEFERRED PAYMENT & SUCCESS FEE TERMS
For any program utilizing a Deferred Payment Option, the following terms apply:
- Triggering Event: The success fee obligation is triggered upon the Client formally accepting any full-time, part-time, temporary, contract, or consulting employment within twelve (12) months of the effective date of this Agreement.
- No Source Exemptions: Any placement secured through in-network introductions, automated distribution, personal networking, cold outreach, corporate career portals, recruiters, job boards, referrals, or word-of-mouth is explicitly deemed a covered placement.
- Payment Due Date: The success fee (or the first installment thereof, if a payment plan is agreed upon in writing) is due within five (5) business days of the Client receiving their first direct deposit or payroll distribution from the new employer.
- Reporting Obligation: The Client must notify IT PROS in writing within five (5) business days of receiving and/or formally accepting a job offer.
ARTICLE III: MISCELLANEOUS
3.1. Entire Agreement
This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and completely supersedes all prior and contemporaneous agreements, drafts, amendments, proposals, or communications, whether written or oral.
3.2. Assignment
IT PROS may freely assign its rights and obligations under this Agreement to any successor entity or to any third party acquiring substantially all of IT PROS’s assets or business. The Client may not assign this Agreement or delegate its obligations hereunder without the prior written consent of IT PROS.
3.3. Modification
IT PROS reserves the right to modify these Terms of Service at any time. Any modifications will be effective immediately upon posting the revised Agreement on the IT PROS website. The Client’s continued use of the Services after any such modification constitutes automated acceptance of the revised terms.
3.4. Severability
If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
3.5. Waiver
The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver of such provision or the right thereafter to enforce such provision.
3.6. Electronic Acceptance & Stripe Binding Effect
The Client explicitly agrees that the electronic acceptance of this Agreement, including checking the confirmation box during the checkout process and clicking “Pay,” shall have the exact same legal force, validity, and effect as a manually executed physical agreement under the laws of the Commonwealth of Pennsylvania.