HEAD OF SECURITY TERMS AND CONDITIONS

Agreement Between User and www.headofsecurity.com

Welcome to www.headofsecurity.com (the “Site”). The Site is operated by Head of Security LLC (“Head of Security”). These Terms and Conditions (“Terms”) govern your use of the Site. By accessing or using the Site, you accept and agree to these Terms. If you do not agree with these Terms, you must discontinue use of the Site immediately.

www.headofsecurity.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.headofsecurity.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Description of Services

www.headofsecurity.com is an e-commerce platform that connects individuals and businesses seeking to book or hire private security guards, protection, life safety, and other related service providers (“Service Providers” or “Vendors”) with each other (the “Services”). Service Provider Agents and Vendors can register to be referred to Clients and Security Companies and may be assigned to service details or “jobs” through this platform.

Head of Security LLC is a security management consulting firm that provides Customers with a referral service designed to connect individuals and businesses seeking to book or hire private security guards, protection, life safety, and other related service providers (“Service Providers” or “Vendors”) with each other (the “Services”).

Head of Security agrees to perform these Services for Customers subject to the terms and conditions outlined in this Agreement.

• A. Disclaimer: Head of Security is not itself a security guard company, private security contracting agency, or Service Provider. Head of Security is a security management consulting firm.

• B. Illinois Disclaimer: Pursuant to the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act (“ACT”), 225 ILCS 447/5-3 et seq., Head of Security is expressly forbidden from performing any licensed security activities other than when licensed as a licensed Private Security Contractor. Head of Security is not licensed as a Private Security Contractor Agency. This Agreement will only allow Head of Security to provide employee and vendor referral services for you to a licensed Private Security Contractor Agency. At no time pursuant to this Agreement will Head of Security be providing any licensed security services for Customers in any capacity.

Privacy Policy

Your use of the Site is subject to Head of Security’s Privacy Policy. Please review the Privacy Policy to understand our practices regarding data collection and usage.

Electronic Communications

Visiting www.headofsecurity.com or sending emails to Head of Security constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Head of Security is not responsible for third party access to your account that results from theft or misappropriation of your account. Head of Security and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. Head of Security does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.headofsecurity.com only with permission of a parent or guardian.

Cancellation/Refund Policy:

• Cancellation Policy:

  • Cancellations must be made at least 5 days prior to the scheduled event or service request.

  • Cancellations made within 5 days of the event will incur a fee equal to 100% of the original service cost.

• Booking Policy:

  • Services may be booked at any time prior to the event date.

  • Bookings made within 72 hours of the event date will incur a fee of 2x the agreed-upon hourly rate.

• Refunds may be issued only for substantiated claims of misconduct, “no-shows,” or inappropriate behavior by Service Provider Agents or Vendors.

Interest and Late Fees:

Payment Terms

• Invoices: Payments are due upon receipt, with a 5-business-day grace period. Late payments are subject to a 10% interest charge compounded weekly.

• Interest and Late Fees: Unpaid invoices will incur 10% interest, compounded weekly on the outstanding balance until paid in full.

• Payment Processing: We use Stripe and Intuit QuickBooks for payment processing. Head of Security reserves the right to change payment processors at any time without notice. Payment information is stored securely within the payment processor’s database, and Head of Security is not liable for any data breaches related to payment processors.

• Authorization: By providing payment details, you authorize Head of Security to process one-time, recurring, or regularly scheduled charges as per invoiced amounts. This authorization remains effective until canceled in writing with 30 days’ notice. Receipts will be issued for all payments.

• Retainers: Retainers are non-refundable unless explicitly agreed otherwise.

If payment of an invoice is not made within Net Terms, then Head of Security reserves the right to charge 10% interest on the principal amount owed, compounded weekly. Head of Security requires invoices to be settled within Net Terms, which is due upon receipt with a 5-business-day grace period from the invoice issuance date unless otherwise stated and agreed upon in writing. If payment is not made within this timeframe, a 10% weekly interest charge, compounded on the outstanding balance (including any accrued interest), will apply until the invoice, including all accrued interest, is fully paid. Please note that this is not APR.

Credit Card / ACH Payment Processing Authorization:

HS primarily uses Stripe and Intuit Quickbook services to process payments. HS reserves the right to change payment processors at any time, with or without cause and without notification to the Customer, and to use any payment processor HS chooses.

HS does not store or keep credit card or banking information directly. Instead, HS uses the payment processor’s systems and databases to keep Customer’s information secure. Customer acknowledges and agrees that HS is not responsible for any data breaches, leaks, or theft of credit card or banking information that occur within the payment processor’s systems.

One-Time, Recurring, and Regularly Scheduled Charges:

Customer authorizes HS to process one-time, recurring, and/or regularly scheduled charges to their credit card and/or bank account. Charges will be for the amounts indicated on each unpaid invoice and invoice line item. A receipt for each payment will be provided to the Customer, and the charge will appear on their credit card or bank statement.

By providing their credit card or bank account information directly to HS, or by paying an invoice which results in their information being saved via our payment processor(s), the Customer agrees to allow HS to charge their credit card or bank account through ACH for any future invoices. This authorization will remain in effect until the Customer notifies HS of its termination, in writing, with at least 30 days’ notice.

Retainers:

HS may require a retainer from Customer. If this is the case, then the retainer shall have the same Effective Date as when the Customer originally agreed to this Service Agreement. The retainer shall be used for the Deliverables outlined in this agreement, statement of work, and/or in the portal or platform used by HS. All retainers are non-refundable unless otherwise agreed upon in writing by both parties.

High Demand / Surge Pricing

• Services booked for high-demand dates are subject to a fee of 2x the agreed-upon hourly rate.

• Any high-demand or surge pricing will be itemized in the invoice as an additional charge.

• High-Demand Dates include, but are not limited to:

  • St. Patrick’s Day

  • Cinco de Mayo

  • Memorial Day

  • Fourth of July

  • Labor Day

  • Halloween

  • Thanksgiving Eve

  • Thanksgiving Day

  • Christmas Eve

  • Christmas Day

  • New Year’s Eve and New Year’s Day

  • Other similar high-demand occasions.

Vendor Agreement:

Vendor and Service Provider Agreements

Customers and Vendors acknowledge the following:

• Head of Security retains ownership of all Vendor relationships established through its platform.

• Vendors are responsible for maintaining required licenses, certifications, and insurance coverage as specified in agreements with Head of Security.

• Vendors must comply with all applicable federal, state, and local laws.

• Vendors must not solicit Clients introduced through Head of Security for direct engagements outside the platform without Head of Security’s written consent. Violations will result in liquidated damages.

1. Grant of Authority
   
   

The Customer hereby grants HS the express authority to negotiate, enter into, and execute contracts and agreements with third-party vendors on behalf of the Customer, subject to the following conditions:

• Scope of Authority: HS may sign contracts with vendors only in connection with services under this Agreement, specifically related to security services, security personnel, and other related needs required by the Customer.
• Approval Process: HS must obtain written or electronic approval from an authorized representative of the Customer before executing any contract. The approval must specify the terms and conditions agreed upon.
• Limitations: HS is not authorized to:
  • Enter contracts exceeding a total value of $300 without prior written consent from the Customer.
  • Commit the Customer to terms extending beyond the Agreement’s term unless expressly approved.
  • Execute agreements involving the sale or lease of any Customer-owned property.

2. Ownership of Vendor Relationships
   
   

The Customer acknowledges that HS retains ownership of all vendor relationships established under this Agreement. This ownership applies regardless of whether HS is present during discussions between the Customer and vendors. All agreed-upon terms with vendors shall remain binding, and HS is entitled to compensation based on those terms.

3. Customer Responsibility
   

The Customer acknowledges and agrees that:

• Vendors may have varying net terms, completion dates, and conditions.
• It is the Customer's responsibility to review each vendor’s terms independently, as HS is not responsible for communicating vendor-specific terms.
• Additional vendors may be added without requiring amendments to this Agreement.

Links to third party sites/Third party services

Links to Third-Party Sites

The Site may include links to third-party websites (“Linked Sites”). Head of Security is not responsible for the content or functionality of Linked Sites. Inclusion of a link does not imply endorsement.

www.headofsecurity.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Head of Security and Head of Security is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Head of Security is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Head of Security of the site or any association with its operators.

Certain services made available via www.headofsecurity.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the
www.headofsecurity.com domain, you hereby acknowledge and consent that Head of Security may share such information and data with any third party with whom Head of Security has a contractual relationship to provide the requested product, service or functionality on behalf of www.headofsecurity.com users and customers.

No unlawful or prohibited use/Intellectual Property

Prohibited Uses

You may not:

• Use the Site for unlawful or prohibited activities.

• Interfere with the operation of the Site or other users’ enjoyment of the Site.

• Attempt to gain unauthorized access to any portion of the Site.

• Use the Site to upload malicious software or infringing content.

You are granted a non-exclusive, non-transferable, revocable license to access and use www.headofsecurity.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Head of Security that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Head of Security or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.

Head of Security content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Head of Security and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Head of Security or our licensors except as expressly authorized by these Terms.

Intellectual Property

All content on the Site is owned by Head of Security or its licensors and is protected by intellectual property laws. You may not modify, distribute, or exploit any content without express written permission.

Communication Services

The Site may include communication tools (“Communication Services”). Users must use these tools responsibly and adhere to posted guidelines. Head of Security reserves the right to monitor and remove content in its sole discretion.

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Head of Security has no obligation to monitor the Communication Services. However, Head of Security reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Head of Security reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Head of Security reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Head of Security’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Head of Security does not control or endorse the content, messages or information found in any Communication Service and, therefore, Head of Security specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Head of Security spokespersons, and their views do not necessarily reflect those of Head of Security.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials. Materials provided to www.headofsecurity.com or posted on any Head of Security webpage Head of Security does not claim ownership of the materials you provide to www.headofsecurity.com (including feedback and suggestions) or post, upload, input or submit to any Head of Security Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Head of Security, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Head of Security is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Head of Security’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Third Party Accounts

You will be able to connect your Head of Security account to third party accounts. By connecting your Head of Security account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users

The Service is controlled, operated and administered by Head of Security from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Head of Security Content accessed through www.headofsecurity.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Head of Security, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.

Head of Security reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Head of Security in asserting any available defenses.

Arbitration

Arbitration and Class Action Waiver

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted.

THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.

Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability disclaimer

Limitation of Liability

Head of Security provides the Site “as is” and disclaims all warranties. To the fullest extent permitted by law, Head of Security is not liable for any indirect, incidental, or consequential damages arising from your use of the Site.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HEAD OF SECURITY LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. HEAD OF SECURITY LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. HEAD OF SECURITY LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HEAD OF SECURITY LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HEAD OF SECURITY LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/access restriction

Termination

Head of Security may terminate your access to the Site at any time without notice. These Terms will continue to apply after termination.

Head of Security reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Illinois and you hereby consent to the exclusive jurisdiction and venue of courts in Illinois in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Head of Security as a result of this agreement or use of the Site. Head of Security’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Head of Security’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Head of Security with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Head of Security with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Head of Security with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Head of Security reserves the right, in its sole discretion, to change the Terms under which www.headofsecurity.com is offered. The most current version of the Terms will supersede all previous versions. Head of Security encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Head of Security welcomes your questions or comments regarding the Terms:

Head of Security LLC
332 S Michigan Ave 121-L487
Chicago, Illinois 60604
Email Address:
[email protected]
Telephone number: (877) 217-9536
Effective as of January 01, 2016