CLIENT SERVICES AGREEMENT


• PARTIES:
This Client Services Agreement (“AGREEMENT”) is made by Digiani Co LLC and between you, the client and Digiani Co, and applies to the service or services provided to the CLIENT by the COMPANY, as described in Section 3 (“SERVICES”). This AGREEMENT is valid when you demonstrate your acceptance as described in Section 2. We are the intended people involved in this AGREEMENT.

• ACCEPTANCE:
You accept the terms of this AGREEMENT when you do any of the following:
• Schedule an appointment for a SERVICE
• Complete payment for a SERVICE
• Click “I agree to the terms and conditions”
• Sign this AGREEMENT in person or electronically

• SERVICES:
Digiani Co LLC provides SERVICES that include but are not limited to:
• private coaching containers, group coaching containers, group coaching memberships, private coaching calls.


The terms of this AGREEMENT are binding on any additional services supplied by Digiani Co LLC to CLIENT.

• PAYMENT:
You agree to pay in full for the SERVICE(S) you receive:
• As listed on thrive cart or digianico.com
• Provided to you through email or text messaging
• Confirmed at the time of appointment/coaching scheduling
• Provided at the end of your service
• Or any other reasonably available means for communicating payment

• COLLECTING PAYMENTS:

All scheduled calls or coaching programs (private or group) require the full payment when booking or the first payment of a payment plan. Your completed payment secures the date and time for your calls. Any calls in group containers will be recorded if you cannot attend live. Private calls will also be recorded but require you to show up live. The remaining balance for any payment plans will be due on the same date each month of your initial purchase until the balance is paid in full.

• NO SHOWS AND CANCELLATIONS:
No shows and late cancellations for any scheduled private calls financially affect my business and livelihood by creating gaps in my schedule that cannot be filled on such short notice. Should you need to cancel or reschedule your call, 48 hours notice is required. If you cancel outside of the 48 hour notice requirement, you forfeit your reservation fee. If your card declines for any portion of your payment plan you will not be able to receive another call and will lose access to the program until you pay in full or the next payment.

• REFUND POLICY
To ensure you receive quality service, I perform thorough consultations that require your participation and honest feedback. All sales are final and no refunds will be given for any reason. Should your results not meet your expectations, please contact me within 24 hours to discuss your concerns.

• DISSATISFACTION WITH SERVICE
There may be a time that you are unhappy with the service provided. In the event that such a time and/ or dispute arises between the parties or a grievance by client, the parties agree now and accept that the proper way to resolve the dispute is as follows:

• CLIENT agrees to immediately contact the Digiani Co LLC directly by (phone, text, email) within 24-48 hours and specifically share with the Lash Digiani Co LLC what they are upset about regarding the SERVICE provided by the Digiani Co LLC to discuss the available options.
• Digiani Co LLC will take all reasonably available measures to address the issue(s) raised by the CLIENT with regards to the SERVICE provided by the Digiani Co LLC. I want you to be one-hundred percent pleased with the SERVICE(S) you receive from Digiani Co LLC and will work with you to make you satisfied.
• CLIENT will not post on social media and/ or share publicly what they are upset about regarding the SERVICE Digiani Co LLC provided before working directly with the Digiani Co LLC to resolve the issue. If CLIENT posts a false or injurious statement about Digiani Co LLC or the SERVICE(S) CLIENT received publicly prior to contacting Digiani Co LLC to discuss the available options, then CLIENT risks invalidating any and all options. This includes text messages, reviews on internet sites, social media platforms, and any and all other reasonably available public viewing locations.

• WAIVER OF LIABILITY
The SERVICE(S) contain built-in risks. These risks are present even when the Digiani Co LLC uses the utmost of care in its SERVICE(S) and or any products used in the delivery of those SERVICE(S). CLIENT knowingly and voluntarily, accepts and assumes responsibility for any and all risks that could arise out of, or occur during, the SERVICES and hereby releases, waives, discharges and covenants not to sue the Digiani Co LLCfor any and all liability resulting from any assumed risks of the SERVICES. Some of these risks with the procedure and the product(s) used, include, but are not limited to:



• WARRANTY OF SERVICES
Digiani Co LLC shall render all SERVICES honestly and in good faith and with the highest possible degree of professionalism, care, skill, diligence and responsiveness and in any case no less than with a reasonable degree of care, skill, diligence and responsiveness consistent with industry standards. Your individual results will vary depending on the nature of your hair/skin/lashes, level of care, and a variety of other factors that cannot be controlled. As a result, I cannot make individual guarantees regarding the SERVICE(S) you receive.

• LIMITATION OF LIABILITY
As a CLIENT, you agree to release the COMPANY, its officers, employees, directors, and related entities from any and all damages that may result from you, the CLIENT, receiving the SERVICE(S).

However, if Digiani Co LLC is found to be liable, the Digiani Co LLC’s liability to you, the CLIENT, and or to any third party is limited to the amount of the most recently received SERVICE(S). Any and all claims against the Digiani Co LLC must be filed within 90 days of the date of the first claim or otherwise be forfeited forever.

• FORCE MAJEURE
Digiani Co LLC will not be liable for any delay or failure to perform due to a cause beyond Digiani Co LLC reasonable control.

• CHOICE OF LAW
Our AGREEMENT is governed and interpreted in accordance with the laws of Florida without giving effect to any principles of conflicts of law.

• ARBITRATION
If any dispute arises out of or related to a claimed breach of this AGREEMENT or any other disagreement related to SERVICES received, such dispute will be resolved by binding arbitration in the State of Miami, Florida according to the rules of the American Arbitration Association. Each side shall bear its own costs and attorneys’ fees. The parties agree to waive their right to a jury trial. The parties both further agree that prior to arbitration, the parties both will make a good faith effort to resolve the dispute without the necessity of outside intervention. CLIENT further agrees that in order to be considered “a good faith effort,” CLIENT must give the Digiani Co LLC written notice of any dispute about costs, fees or SERVICES received within ten (10) days of the date CLIENT receives the SERVICE(S).


• SEVERABILITY
If any provision of this AGREEMENT is held, in whole or in part, to be unenforceable for any reason, the remainder of that provision and of the entire AGREEMENT will be severable and remain in full force and effect.

• ENTIRE AGREEMENT
This AGREEMENT contains the entire agreement of the parties for the SERVICES provided. No other agreement, statement, or promise, whether oral or written, made on or before the effective date of this AGREEMENT will be binding on the parties.
Any modification or change to this AGREEMENT is required by a writing signed by both of us.

If there is a conflict between this AGREEMENT and other information contained and or provided from me, this AGREEMENT and the terms that are in it will control and be used to resolve the conflict.

• DURATION OF AGREEMENT
CLIENT agrees that this AGREEMENT is valid for this SERVICE and all future SERVICES that occur within one year from the date signed.


• ELECTRONIC AGREEMENT
CLIENT agrees that by checking off the “I agree to the terms and conditions” box, I am signing this Agreement electronically. I agree my electronic signature is the legal equivalent to a manual/handwritten signature.