Asfaund Consulting
Legal Terms and Conditions
We will always work in the best interest of our clients, and want to be clear about anything that might be of concern. These t&c's can be changed at anytime as situations arise to warrant it. If you feel something important is missing, please bring it to our attention.
Legal Terms:
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Services to be Rendered - As per quote lines
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Condition Precedent and Effective Date
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Client shall provide to Researcher a summary of information known to them about matters set forth in the scope of services, which information shall include, if available, (a) copies of previous research reports or summaries, (b) copies of significant or relevant documents, and (c) lists of sources or collections previously searched. This agreement shall become effective (the “Effective Date”) once the quote is accepted and returned to the Researcher with all relevant information.
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Time of Performance
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Client understands that it is impossible to determine in advance the amount of time it will take Researcher to complete the services to be rendered under this Agreement. Researcher shall use her best efforts to provide the research services within the quoted time frame.
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Compensation
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See quote for agreed upon rate. Final payment is due before releasing the full report.
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Expense Reimbursement
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Client shall reimburse Researcher for the actual costs incurred for, among other items, certificates, photocopies, parking expenses, telephone toll calls, family history fees, mileage and other reasonable out-of-pocket expenses, provided Researcher submits an itemized bill to Client and provided that the total expenses do not exceed $100. If Researcher anticipates that expenses may exceed $100, she shall notify Client in writing and obtain his agreement, also in writing, to the reimbursements of additional expenses.
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Confidentiality
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Client understands and agrees that Researcher shall use her best efforts to hold confidential his/her name, address, telephone number, and other identifying information about them, unless authorizing their release in writing. Researcher shall also use her best efforts to hold confidential all material furnished by Client which contains (a) information that is not a matter of public record or which cannot be rightfully obtained from another non-confidential source; (b) information that no one else had independently developed; and (c) information that Client has not disclosed to anyone else except under a strict, written, confidentiality agreement that has the effect of preventing disclosure by any other person or entity. Client understands that even though Researchers may agree to keep certain information confidential, a court of law may be able to compel Researcher to disclose that information.
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Disclaimers
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Client understands and agrees that Researcher can make no guarantees regarding what information, if any, may be found or what conclusions may be drawn from it. Client further understands and agrees that Researcher cannot predict in advance the time needed to find information or prove facts or relationships, and that the risk of non-discovery, or of discoveries contrary to those desired, is on Client, not Researcher.
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Future Use of Work Product
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Client understands that the Researcher must protect her professional reputation. Except as specifically set forth in writing and signed by both Client and Researcher, Researcher shall have all copyright rights with respect to all work produced under this Agreement, including any interim or final reports prepared by Researcher for Client. Client is hereby granted a non-exclusive license to use the copyrighted report(s), but Client agrees that they will not otherwise publish or make multiple copies of the report(s) without first obtaining Researcher’s prior written permission. Client also agrees that if they make distribution of anything that includes Researcher’s research, in whole or in part, Client shall report it accurately and credit Researcher as the source of such research.
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Release to Publish
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Client grants permission to publish any work created under this agreement, with the condition that all identifying information of any living people be redacted or replaced with pseudonyms.
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DNA Test Results
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Some research plans will require the client to have their DNA tested at various companies, and/or uploaded to others. During the course of this project, the client will grant access to their DNA results and matches to the researcher. The Researcher will maintain strict privacy and protect the DNA results of the client, and will redact any personal identifying information for any published reports. Client understands that DNA tests can uncover some unexpected situations that may be unpleasant. Clients will be given the opportunity to be told about these incidents and be allowed to decline the information if they choose.
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Client understands that DNA test results can and will change over time, including new ethnicity results and brand new matches showing up that weren’t there at the time of the research project. These changes are to be expected and if there is a drastic change that happens because of the results, a consultation to review the project outcome again can be requested.
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