Mostest Terms & Conditions

Service Agreement

1. DESCRIPTION OF SERVICES.

Month of Coordination

  • Included: up to 10 hours the day of (1 person),  light décor support, up to 1x meeting for week, matching with your planner as early as 60 days from the event

  • Not included, but can be added on: travel fee for out of market locations, additional coordinators, larger décor tasks

  • Never included as not covered by our insurance: hanging lighting from the ceiling, bar service, valet service, waste management

Day of Coordination

  • Included: up to10 hours the day of (1 person), up to 1x meeting for week, matching with your planner as early as 14 days from the event, light décor support

  • Not included, but can be added on: travel fee for out of market locations, additional personnel, larger décor tasks

  • Never included as not covered by our insurance: hanging lighting from the ceiling, bar service, valet service, waste management

Content Creation

  • Included: up to 10 hours the day of (1 person), up to 1x meeting for week, matching with your planner as early as 14 days from the event, light décor support

  • Not included, but can be added on: travel fee for out of market locations, additional personnel, larger décor tasks

  • Never included as not covered by our insurance: hanging lighting from the ceiling, bar service, valet service, waste management

Virtual Planning
Services vary by product and are outlined in Mostest’s product descriptions on www.joinmostest.com, visible to the client prior to purchasing.

2. PERFORMANCE OF SERVICES. 

The manner in which the Services are to be performed and the specific hours to be worked shall be determined by the Wedding Couple during prep conversations.

b. The client shall not change the date, time or location of the wedding ceremony without first contacting and advising Mostest of said changes so as to determine if Mostest is still available to provide services. If the client does change the date, time or location of the scheduled wedding ceremony, including cancellation, and Mostest is unavailable to provide services, then Mostest is released from all contract obligations, and shall in no way be held responsible or liable in any manner whatsoever for non-performance. The client also forfeit Mostest's 50% deposit for non-compliance with this Agreement. If the event is within 60 days of the event, all funds received will not be refundable.

c. Mostest shall arrive at the location at an agreed upon time. In the event the planner is unable to keep thier commitment, Mostest will provide a substitute. If a substitute is not available, Mostest will submit a refund.

d. Mostest has the right to share photos from each event supported, unless specifically outlined otherwise in a NDA. The couple understands and is responsible for communicating this agreement with partner media companies.

The client fully understand and agree that Mostest shall not be responsible or held liable for illness, family emergency, hospitalization, auto accident, transportation breakdown/disruption, traffic difficulties, acts of God such as hurricanes or inclement weather or other unforeseen incapacitation or other cause of non-arrival on the day of the wedding. Mostest will make every attempt to notify the Wedding Couple and to provide for a substitute Wedding Coordinator.

In any event, Mostest, their agents and assigns shall NOT be held liable for any damages (including punitive) due to non-performance of any services resulting from such incapacitations, non-arrival, errors and/or omissions of any type. 

3. PAYMENT & REFUND POLICY. As full compensation for the Services provided by Mostest, the clients agrees to pay Mostest a total sum indicated on the website at purchase date, or by 30 days in advance of the event with a 50% deposit submitted on purchase date (not refundable once with 90 days of the event). The client understands that they are responsible for paying for vendor products and services in full. The client accepts responsibility for purchasing items needed for the event, as well as Mostest’s transportation of the items when requested.

Cancellation/Refund Policy

  • Coordination / deposits: cancellation is allowed up until 90 days prior to the event, in which cases the deposit or paid in full amount is refundable.

  • Coordination / balance: once within 60 days of an event, the paid in full amount, deposit, or paid balance is no longer refundable.

  • Subscription: past amounts are not non-refundable, but you may cancel your subscription at any time.

  • Virtual planning: virtual planning is non-refundable.

4. DEPOSIT. At the time of signing the Agreement or purchasing a month of coordination package on letsMostest.com, the client shall pay a deposit or retainer fee in the amount of 50% to Mostest for the Services. The deposit will be subtracted from the total payment owed by the Wedding Couple upon completion of the Services and is not refundable for any reason once within 90 days of the event, including wedding cancellation.

5. EXPENSE REIMBURSEMENT. If expenses arise during Mostest's performance of this Agreement, Mostest shall obtain prior consent of the client before Mostest can be reimbursed. If the couple requests Mostest in writing to run errands for them the day of their event, they should reimburse the planner directly.

6. TERM. The client and Mostest agree that this Agreement shall commence on the date of purchase and terminate on the day after the wedding date.

7. RELATIONSHIP OF PARTIES. It is understood by the parties that Mostest is an independent contractor with respect to the Wedding Couple, and not an employee of the client. The client will not provide fringe benefits, including health insurance benefit, paid vacation or any other employee benefit, for the benefit of Mostest. 

8. EMPLOYEES. Mostest's team, if any, who perform services for the client under this Agreement shall also be bound by the provisions of this Agreement. 

9. RETURN OF RECORDS. Upon termination of this Agreement, Mostest shall deliver all records, notes, data, memoranda, models, and equipment of any nature that is in Mostest's possession or under Mostest's control and that are the property of the client. 

10. WARRANTY. Mostest shall provide its services and meet its obligations under this Agreement in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in Mostest's industry and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to Mostest on similar projects. 

11. DEFAULT. The occurrence of any of the following shall constitute a material default under this Agreement: 

  • The failure to make a required payment when due. 

  • The insolvency or bankruptcy of either party. 

  • The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency. 

  • The failure to make available or deliver the Services in the time and manner provided for in this Agreement. 

13. REMEDIES. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Agreement (including without limitation the failure to make full and complete monetary payment by 30 days in advance of the event), the other party may terminate the Agreement by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default.

14. ENTIRE AGREEMENT. This Agreement contains the entire Agreement of the parties, and there are no other promises or conditions in any other contract whether oral or written concerning the subject matter of this Agreement. This Agreement supersedes any prior written or oral agreements between the parties. 

15. SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. Mostest maintains the right to terminate this agreement for any reason.

16. AMENDMENT. This Agreement may be modified or amended in writing, if the writing is signed by the party obligated under the amendment. 

17. GOVERNING LAW. This Agreement shall be governed by the laws of the State of New York. 

18. NOTICE. Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing. 

19. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver of limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement. 

20. SIGNATURES. By checking “I accept” at letsMostest.com checkout, the client / customer agrees to all of the above terms and conditions.

Terms & Conditions for Joinmostest.com

Agreement between User and joinmostest.com

Welcome to joinmostest.com. The joinmostest.com website (the "Site") is comprised of various web pages operated by Mostest ("Mostest"). joinmostest.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of joinmostest.com constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.

joinmostest.com is an E-Commerce Site providing event planning on demand.

Privacy

Your use of joinmostest.com is subject to Mostest's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting joinmostest.com or sending emails to Mostest 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 Mostest is not responsible for third party access to your account that results from theft or misappropriation of your account. Mostest and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen

Mostest 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 joinmostest.com only with permission of a parent or guardian.

Cancellation/Refund Policy

Coordination / deposits: cancellation is allowed up until 90 days prior to the event, in which cases the deposit or paid in full amount is refundable.
Coordination / balance: once within 60 days of an event, the paid in full amount, deposit, or paid balance is no longer refundable.
Subscription: past amounts are not non-refundable, but you may cancel your subscription at any time.
Virtual planning: virtual planning is non-refundable

Links to Third Party Sites/Third Party Services

joinmostest.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Mostest and Mostest 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. Mostest is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Mostest of the site or any association with its operators.

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

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use joinmostest.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Mostest 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 Mostest 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. Mostest 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 Mostest 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 Mostest or our licensors except as expressly authorized by these Terms.

Third Party Accounts

You will be able to connect your Mostest account to third party accounts. By connecting your Mostest 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 Mostest 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 Mostest Content accessed through joinmostest.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 Mostest, 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. Mostest 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 Mostest in asserting any available defenses.

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'S 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 Mostest 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

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. MOSTEST AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

MOSTEST 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. MOSTEST 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 MOSTEST 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 MOSTEST 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

Mostest 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 New York and you hereby consent to the exclusive jurisdiction and venue of courts in New York 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 Mostest as a result of this agreement or use of the Site. Mostest's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Mostest'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 Mostest 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 Mostest with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Mostest 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

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

Contact Us

Mostest welcomes your questions or comments regarding the Terms:

Mostest

525 W. 28th Street

New York, New York 10001

Contact detail

Info@joinmostest.com

Telephone number:

904-514-5967