Terms & Conditions
Please read these Terms & Conditions (“Terms”) carefully before engaging with The Westbrooks Way (“we,” “us,” or “our”). By booking a service, signing a proposal, submitting payment, or accessing our website at thewestbrooksway.com, you (“Client”) agree to be bound by these Terms.
1. Services
The Westbrooks Way is a small business operations consultancy specializing in Standard Operating Procedure (SOP) development, career assistance, including services like resume editing /evaluating, mock interviews, etc. and hiring systems, including hiring workflows, onboarding documentation, and interview frameworks and scorecards. Services are delivered, but not limited to, in the following formats:
- Project-based engagements with a defined scope of work
- Retainer arrangements for ongoing monthly support
- One-time intensives or workshops
The specific deliverables, timeline, and scope for each engagement will be outlined in a separate proposal, statement of work, or service agreement provided prior to the start of work.
In the event of any conflict between these Terms and a signed agreement, the signed agreement shall control.
Our services are consulting and operational in nature. Nothing provided by The Westbrooks Way constitutes legal, financial, or HR compliance advice. Clients are encouraged to consult qualified legal or HR professionals for matters requiring regulatory guidance.
2. Client Responsibilities
To ensure successful project delivery, the Client agrees to:
- Provide accurate, complete, and timely information necessary for the work
- Designate a point of contact who has authority to provide feedback and approvals
- Respond to requests for input, review, or approval within agreed-upon timeframes
- Grant reasonable access to internal processes, team members, or documentation as needed
- Notify The Westbrooks Way promptly of any changes that may affect the project scope or timeline
Delays caused by the Client’s failure to meet these responsibilities may result in adjusted timeline or additional fees, which will be communicated in advance.
3. Payment Terms
A. Invoicing
All invoices are due within seven (7) days of the invoice date unless otherwise specified in writing. Accepted payment methods will be communicated at the time of engagement.
B. Deposits
Depending on the nature and scope of the project, a deposit may be required before work begins. Deposit requirements, if applicable, will be clearly stated in your project proposal or service agreement. Work will not commence until any required deposit has been received.
C. Late Payments
Invoices not paid within the due date may be subject to a late fee of 10% per month on the outstanding balance, or the maximum rate permitted by law, whichever is less. The Westbrooks Way reserves the right to pause or suspend work on active projects until overdue balances are resolved
.D. Retainer Arrangements
For ongoing monthly retainer engagements, payment is due at the start of each billing cycle. Unused retainer hours do not roll over to the following month unless expressly agreed to in writing.
4. Intellectual Property
A. Client Ownership of Deliverables
Upon receipt of full payment for a project, the Client will own all custom deliverables created specifically for them under that engagement, including SOPs, hiring frameworks, onboarding documents, and related materials.
B. Retained Rights of The Westbrooks Way
The Westbrooks Way retains ownership of all proprietary methodologies, templates, frameworks, tools, processes, and general intellectual property used in the creation of deliverables. Client ownership of final deliverables does not transfer ownership of the underlying systems or methods used to develop them.
C. Portfolio & Anonymized Use
Unless the Client requests otherwise in writing, The Westbrooks Way reserves the right to reference the engagement in general terms (e.g., industry, type of project) for portfolio or marketing purposes. No confidential or identifying business information will be disclosed without express written consent
5. Confidentiality
Both parties acknowledge that during the course of an engagement, each may be exposed to confidential and proprietary information belonging to the other party, including but not limited to business processes, internal documentation, personnel data, financial information, and strategic plans.
Both parties agree to:
- Keep all confidential information strictly private and not disclose it to any third party without prior written consent
- Use confidential information solely for the purpose of fulfilling the engagement
- Take reasonable measures to protect confidential information from unauthorized access or disclosure
This obligation of confidentiality survives the termination of any engagement or these Terms.
6. Refunds & Cancellations
Because our services involve customized work product, refunds are handled on a case-by-case basis. Please refer to our Refund Policy, available at thewestbrooksway.com, for full details.
In general:
- Deposits are non-refundable once work has commenced
- Cancellations made before work begins may be eligible for a full or partial refund of any deposit paid, at our discretion
- Work completed up to the point of cancellation will be invoiced and is due regardless of project completion
If The Westbrooks Way cancels an engagement due to circumstances on our end, any unused portion of fees paid will be refunded promptly.
7. Limitation of Liability
To the fullest extent permitted by law, The Westbrooks Way’s total liability to the Client for any claim arising out of or related to these Terms or our services shall not exceed the total fees paid by the Client for the specific project giving rise to the claim.
The Westbrooks Way is not liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of revenue, loss of business opportunity, or operational disruption, even if advised of the possibility of such damages.
The Client acknowledges that the success of any SOP, hiring system, or operational framework depends in part on the Client’s own implementation, team adoption, and business conditions, which are outside the control of The Westbrooks Way.
8. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Missouri, without regard to its conflict of law principles. Any proceedings not subject to arbitration shall be brought exclusively in the state or federal courts located in Missouri.
10. Termination
A. By the Client
The Client may terminate an engagement at any time by providing written notice. All work completed up to the termination date will be invoiced and payment is due within seven (7) days. Any outstanding balances must be settled before final deliverables are released.
B. By The Westbrooks Way
We reserve the right to terminate an engagement if the Client fails to meet payment obligations, is unresponsive for an extended period, or engages in conduct that makes continued work unreasonable or untenable. In such cases, any work completed will be invoiced and due within seven (7) days.
C. Effect of Termination
Upon termination, each party will return or destroy confidential information belonging to the other party. Sections covering confidentiality, intellectual property, payment obligations, limitation of liability, and dispute resolution survive termination.
11. General Provisions
Entire Agreement
These Terms, together with any signed proposal or service agreement, constitute the entire agreement between the parties and supersede all prior discussions, representations, or agreements relating to the subject matter.
Modifications
We reserve the right to update these Terms at any time. Changes will be posted to thewestbrooksway.com with a revised effective date. Continued use of our services after changes are posted constitutes acceptance of the updated Terms.
Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
No Waiver
Failure by either party to enforce any provision of these Terms shall not be construed as a waiver of the right to enforce such provision in the future.
Independent Contractor
The Westbrooks Way operates as an independent contractor. Nothing in these Terms creates an employment, partnership, joint venture, or agency relationship between The Westbrooks Way and the Client.
12. Contact Us
If you have questions about these Terms & Conditions, please reach out:
The Westbrooks Way
Website: thewestbrooksway.com
Email: connect@thewestbrooksway.com