Five Important Contract Provisions To Save Your Business

The following five Contract Provisions will undoubtedly help save your business future headaches! While no contract provision can be guaranteed to be enforceable, following some basic principles of use will dramatically increase the odds. Of course, your business won't get any protection without using them in the first place.

1. Warranties

You may or may not want to include specific, express warranties for anything you sell on your website. There is no law requiring you to give any written express warranties to your customers. Although, you can unwittingly make an express warranty through any ads or written materials contained on your website.

But, there are also implied warranties. Certain warranties arise automatically under the law or are "implied" unless they are specifically disclaimed in a written agreement. To avoid the possibility of providing an implied warranty, your contracts must include a disclaimer waving these warranties in a conspicuous manner. A conspicuous manner means that the disclaimer is set off from the rest of the contract by all capital letters, bold type, or a different color. The type cannot be smaller than the surrounding type in the contract.

A written statement regarding the "As-Is" or "With All Faults" nature of the product (or actually disclaiming the implied warranties by name) is sufficient. Internet businesses may use a clearly-labeled hyperlink such as "IMPORTANT WARRANTY INFORMATION" to lead to the full text of any warranty. Also, the warranty should be presented in a way that is capable of being preserved, either by downloading or printing.

Implied warranties could include a warranty of title (seller owns the goods, has the right to sell them, no creditor will interfere with buyer's purchase of the goods, and the goods are free from copyright, trademark, or patent claims of third parties), a warranty of merchantability (goods are reasonably fit for the ordinary purposes for which such goods are used), a warranty of fitness for a particular purpose (seller has reason to know of the purpose for which the goods are bought and knows that the buyer is relying on the skill and judgment of the seller to select the goods) and a warranty arising from course of dealing or trade usage (a court presumes both parties have knowledge of trade custom and presumes that custom is intended to apply to the contract). These warranties apply equally to services and goods.

Not all states will allow you to disclaim all implied warranties if you sell goods online. But, you should still disclaim all implied warranties in writing in your terms of sale. (You should also understand disclaiming implied warranties will not shield your business from liability for any injuries caused by a product sold from your website). Without this provision, the goods or services provided under the contract will be warranted with the express warranties arising from what your company states on its website and with the implied warranties provided under state law. Reducing the uncertainty this creates requires a warranty disclaimer.

2. Limitation of liability & Damages

You may limit or alter the types of damages normally recoverable by your customers. Customers may suffer damages if your business breaches any of the terms of sale with a customer or any warranty or if your business is liable for any product defects that cause any injuries. In those cases, the customer would be allowed to recover damages reasonably foreseeable or "within the contemplation of the parties" at the time of contract formation. This means your customers can suffer "direct damages" or the damages that you would expect to occur from the breach, such as cost to repair or replace a product. However the customer may also suffer "consequential damages" (also sometimes referred to as indirect or "special" damages) which encompass all damages that aren't either direct or incidental damages.

Expenses incurred by your customers in connection with enforcing available remedies are "incidental damages." Any lost profits or revenues suffered because of failure of the product are consequential damages. This is a factual determination that could lead to your customers being able to collect a large amount of damages above and beyond the simple cost or value of the product. If you don't limit your damages contractually, your customers may be entitled to collect any and all foreseeable damages.

TIP! Always limit damages to the cost of the item itself or replacement of the item and also have your customers waive their rights to collect lost profits or any type of incidental or consequential damages!

Not all courts will honor these limitations if they feel they are unfair to the consumer (I.e. "unconscionable"). For instance, limitation of consequential damages for injury to the person in the case of consumer goods is unconscionable on its face, but limitation of damages where the loss is commercial is not. Most courts generally uphold limitations of liability and you should always include them anyways. Damage costs that could be recovered include direct damages, which are damages that are a direct result of what happened, like medical costs or property damage, and indirect damages. Indirect damages are those that are not directly caused by the other party but that are incurred because the party was injured. 

Some states have laws that require a disclaimer of liability in a contract to be conspicuous within the contract to be enforceable. For that reason these provisions should be in all capital formats, bolted, set in a larger font than the surrounding text, or otherwise distinguished from the rest of the contract. You also may want to limit the time frame in which the consumer may bring a claim. This greatly decreases the likelihood of a claim being filed.

3. Include An Attorney's Fees Provision

Always include an Attorney's Fees provision in your terms of sale. This clause creates a right to recover costs and expenses paid by the party that prevails in a contract dispute. The way this clause is worded, the costs and expenses are not limited to those paid in a lawsuit-the costs and expenses incurred in any contract dispute could be recovered. This provision is thought to discourage frivolous lawsuits because the party filing a lawsuit risks payment of the other party's legal costs if the suit is lost.

4. Using Forum Selection Clauses (Venue)

I have had numerous clients ask me about forcing their customers to settle any future disputes in a specific location. This is a type of contractual term known as a "forum selection clause" (or "venue clause"), which more or less binds the parties to litigate in a specific jurisdiction. You can and should use a forum selection clause on your website user and product purchase agreements. They are not illegal and can even be justified from a business standpoint. They are used to avoid costly and frivolous litigation. Since these clauses can be extremely valuable, you should understand how to effectively use them. Assuming the terms were validly accepted and proper notice of the terms was given, these types of provisions generally are just as enforceable as the underlying agreement.

TIP! You must also make sure that "notice" that this specific type of provision exists in the contract is provided to the user. This requirement has been relaxed by the courts quite a bit recently, but I still recommend using bold font, 'all caps' or a larger font for your forum selection clause so it stands out from the rest of the agreement.

Sometimes contractual provisions can overreach and be so unreasonable that they are declared null and void by a court. These are sometimes known as "contracts of adhesion." This type of contract is basically an agreement where one side holds all the bargaining power and uses it to write the contract primarily to his or her advantage. This is really how many Internet businesses improperly use forum selections clauses. Understanding how forum selection clauses might overreach and be unreasonable is obviously very important to your Internet business. Basically, the courts won't automatically honor provisions that require the consumer to waive some right.

An unreasonable forum selection clause may also violate publi

c policy. This typically occurs when a particular state has a strong interest in regulating a particular industry or in protecting a certain class of persons. State courts have various approaches in determining the enforceability of forum selection provisions. If a party opposing the forum selection can demonstrate extreme inconvenience that was not foreseeable at the time the provision was negotiated, some states will reject it. But, usually the opposing party has to show that a heavy burden would be imposed if they were to litigate in that forum.

Additionally, for a forum selection clause to be upheld, the parties must use language clearly indicating that the forum selection clause excludes all other courts in hearing any potential dispute. A few states refuse to enforce forum selection provisions altogether (such as Idaho and Montana) while others limit enforcement with respect to certain types of contracts.

The following case summaries illustrate some of these principles:

Fee v. Expedia Inc.- Zachary Fee sued Expedia, which operates the travel website Hotels.com, for deceptive trade practices. Fee alleged that Hotels.com switched the plaintiff's paid reservation from a four-star hotel to a three-and-one-half star hotel. Fee brought the lawsuit in the state of Kansas. But, he agreed to a forum selection clause contained in the click-wrap agreement that required all suits to be filed in Texas. The Kansas court dismissed Fee's lawsuit since the click-wrap agreement on hotels.com required Fee's lawsuit to be brought in Texas, not in the state of Kansas. The forum selection clause used by Expedia was simple and straightforward and only required that all claims basically be heard in the State of Texas. 

Olmsted v. Dell-The plaintiff brought a class action lawsuit in California against Dell, Inc. The plaintiff asserted that Dell designed, manufactured and sold defective notebook computers in violation of California consumer protection laws. Dell's website required purchasers to accept a click-wrap agreement that contained a forum selection clause. This clause required all lawsuits against Dell to be filed in the State of Texas, but it also required consumers to waive their right to bring a class action suit against Dell for any reason. The California court refused to enforce Dell's forum selection clause. The difference in this case is that Dell not only required consumers to litigate in Texas, but the company's click-wrap agreement also required consumers to give up a fundamental right to sue as class action litigants. The court found this to be overreaching. 

5. Choice of Law provisions

Choice of law provisions usually also accompany forum selection clauses. They really go hand in hand, although choice of law provisions can stand alone. This type of provision specifies that the laws of a certain jurisdiction must be applied by the court hearing any dispute. The particular court hearing the dispute will apply the law of the state the court is located in (the forum) unless there is some conflict, such as when an out-of-state consumer sues an Internet business. The court may also apply a different state's law if the contract calls for specific laws to be followed. 

Modern courts follow the rule articulated in the Restatement (Second) of the Conflicts of Laws. It provides that choice of law provisions are presumptively enforceable as long as there is some relationship between the transaction and the state's law that would govern, or by another reasonable basis for choosing a particular states' laws. 

The Restatement basically recognizes there should be no limitation on the power of the parties to incorporate foreign law into their contracts. Under Section 187(2), the express choice-of-law made by the parties is still recognized "even if the particular issue is one, which the parties could not have resolved, by an explicit provision in their agreement directed to that issue." But, there are three exceptions to Section 187(2). First, the chosen state has no substantial relationship to the parties or the transaction and there is no other reasonable basis for the parties' choice. Second, misrepresentation, duress, undue influence, or mistake secured the consent of one of the parties to the inclusion of the provision. Third, application of the state's law chosen would be contrary to a fundamental policy of the state that would be able to apply its own law but for the choice-of-law provision. 

Besides the Restatement, the Uniform Commercial Code (UCC) also allows the parties to a commercial contract to choose the applicable state law, so long as the transaction "bears a reasonable relation" to the state chosen. See UCC Section 1-105. (The UCC is followed in some form in all 50 states). Thus, the general law in the U.S. is that parties to a contract may choose the law of a particular state to govern the contract, and that the courts will uphold the choice. 

TIP! Most businesses online should simply require disputes to be heard under the laws of the state they are physically located. This is valid since there is already a relationship with the state. Also, selecting the laws of your home state is advantageous since your business is operating under these laws already. If no state law is designated, a court will typically interpret the agreement under the laws of the state where either party is located, or where the contract was performed or signed. 

 

Forum Selection/Choice of Law Lessons:

1. Always use forum selection clauses to avoid frivolous and costly litigation in some distant state;

2. Keep your forum selection clause simple. Don't restrict "fundamental" consumer rights, such as a consumer's right to initiate a claim against your business or initiate or join a class action suit;

3. A straightforward clause selecting the forum for any potential litigation and the choice of law should be simply used and no more. The language should be simple, yet crystal clear and should state the chosen forum is the exclusive forum that any and all disputes would be heard;

4. Finally, there is no guarantee any forum selection clause you use will be upheld. As stated, even if it isn't
unreasonable, the clause may violate the public policy of some state.

This article was written by Philip A. Nicolosi, J.D. Mr. Nicolosi provides legal services through his law firm, Phil Nicolosi Law, P.C., focusing on startup and small business law, Internet & technology law and commercial transactions. 

Mr. Nicolosi serves as a trusted advisor to numerous start-up and small to medium sized businesses. This includes representation for a wide range of business law matters including business organization, corporate/LLC governance, regulatory law, contracts and transactions and most other matters outside of litigation. Mr. Nicolosi provides guidance with e-commerce, Internet marketing and technology-related legal matters. 

Traditional Telemarketing Risk

It's important that you can back up what you are claiming you can do for a prospect when telemarketing. Calling and saying we can save more time or we will reduce your cost is not a compelling proposition. It is even weaker when you do not go to the trouble of getting material together that proves your statements.

The value proposition newer, better, faster, cheaper provides no valid business reason to meet. We have heard it all before usually every day by every company that calls, writes and emails us.

Prospects avoid salespeople, so unless perceived as someone different you will be put in the same box as all the other sales executives that call.

The answer is simple: give them a compelling reason to listen to you. Compelling information is the answer to this problem that many do not take the time to refine and develop.

If your reasons for contacting a prospect are not powerful enough to move someone to a point of interest or action, your prospecting will never be strong. Information is the key to success in most selling situations and prospecting is no different.

What you are selling is of no real interest to the prospect, what they can get from a meeting with you is. If a prospect can get information they can use, that gives them a strong reason to arrange for you to come and see them. 

Other professionals feel that merely stating the product or service they provide, and talking about the benefits they offer will get them an appointment. If you are selling IT solutions, insurance, advertising, marketing services, web design, training, financial or legal services, software, commercial real estate computers or one of millions of products and services consider this. 90% of your prospects have no interest in your product or service. 

So if you think that simply telling a prospect what it is you sell is enough to stimulate interest, think again.

If you give a prospect information they can use this improves the communication between you and your prospects and clients. This is because you both benefit from the start rather than the prospect feeling he is doing you a favour by meeting with you. You are also building trust by putting you best foot forward (your expertise). You can blow your competition out the water by showing your clients that you are the top experts in your field.

Commercial All Risk Insurance For Business

All businesses need commercial risk insurance. Without this safeguard, businesses are at significant risk and can even face financial ruin without the protection that insurance affords. "Risk management is critical for every business,and being prepared for risk--whether from a force of nature, new government regulations, or something else--can be the difference between success and failure (2)." Understanding the ins and outs of commercial risk insurance is essential for any business that wants to protect itself against unforeseen risks.

Overview of Commercial Risk Insurance

Depending on the nature of a business, a company or organization must procure insurance as required by the law. Yet often the minimum insurance isn't enough to offer all the protection a business truly needs. Businesses face all kinds of risks. Storms can wreak havoc on physical property like buildings and even servers. Sensitive information might be stolen resulting in an expensive law suit. Risks can't often be foreseen, so having insurance policies in place that protect the business once events come to pass is the only reliable solution for a responsible business.

 

Of course, there are many commercial risk insurance plans. Policies can be tailored to meet a business's specific needs. In some cases, a business needs to heavily protect its physical properties (1). In other cases, a business might need to protect against liabilities associated with its industry. For instance, employees might face certain on-the-job risks. A commercial insurance provider or insurance adviser can assist organizations as they try to determine the nature and level of insurance they need to go forward.

Types of Coverage Packages

Businesses should consider all different types of insurance packages and coverage. While your insurance provider will be able to go over each specific types of coverage, generally businesses must examine policies for professional liability, commercial property, insurance for directors and officers, media liability, cyber liability, workers compensation, fiduciary responsibility, and specialized policies designed for specific business features. Not every business needs all these types of insurance; however, your expert insurance advisor can help you decide which you need based on the types of risk your business faces.

Insurance as an Essential Investment

Businesses face substantial risk by failing to carry commercial risk insurance or carrying too little insurance coverage. Carrying insurance is a business expense that cannot be ignored. New or small businesses may not always understand the risks that face or how much insurance they should carry. An adviser can even help you determine if you need interrupted business insurance. If something happens to your business--a fire, for instance--you can be compensated for lost profits.

To obtain the commercial insurance your business needs, it's important to work with a provider that can give you the expert insight you need to make the best insurance decisions for your business. Many businesses choose to work with a single insurance provider so they can obtain discounts on the policies they procure. Be sure to investigate the ins and outs of each policy.

Benefits From Digital Signage - Endless Possibilities

The first consider the low-hanging fruit that makes dynamic menu boards so effective for restaurants. According to Nelsen's third-quarter (2013) Digital Place-Based Video Report, ad recall for POS-type digital signage is typically in the 60% range, which is more than twice the average recall of static signs-menus or otherwise.

This is the reason you can so easily recall the rich color of a creamed latte topped with cinnamon spice at your local coffee shop. Or, depending on where you dine, maybe you can easily recall dynamic advertising for the most awesome, juiciest pub burger that can fit in the mouth of man. I saw such an ad not long ago and it just keeps playing in my memory like a favorite song.

Such recall makes it a natural choice for promoting those more seasonable and profitable food items at the right time and place. According to a Networld Media Group report, Digital Menu Boards and ROI, the average sales lift of any digitally promoted item on menu boards averages around 3-5%, which means that payoff for such a system most often occurs in one year or less.

The restaurant market definitely benefits from digital signage, although the possibilities only start with ROI and grow from there. Improving the customer experience is also about a return on objectives (ROO). Case in point: Medicine Eat Station in San Francisco. This upscale downtown tofu shop is using digital signage for ambiance. The integrated sign system creates the atmospherics of "living in harmony with nature" that is accentuated by 4 vertically rotated 42" plasma panels built into the wall of the eating gallery. To accomplish this, high-definition video footage of the Rocky Mountain landscape is used for real-time imagery. 

The programming lasts for about an hour before it repeats. At first glance, it appears to be a still image. But wait, this is real-time imagery, meaning that the clouds slowly cross the screen. A 4,000-year-old Bristle Cone Pine occasionally wavers in the Rocky wind. Light and shadows change constantly, as if you are really there.

This is a great example of ROO, but unfortunately digital signage used as a canvas for art really hasn't caught on yet. It is by no accident that Medicine Eat Station built this to look like one giant window. It is very cool to experience, meaning that it adds to the purpose of customer satisfaction, just like ambient music, lighting, colors, etc.

Money managers are already pounding their fists, shouting, "Where's the ROI!" Of course, it's possible to occasionally slip in an advertisement on the example above, but this might be detrimental to the return on objectives and may compromise the result. Digital signage is not just about sales lift; it's also about creating a return on objectives. ROO creates a value that cannot be counted in terms of dollars and cents directly. However, ROO leveraged wisely does produce ROI.

Many more POS digital signage opportunities are possible for food and beverage venues. Imagine if you will these scenarios:

• A sports bar with digital screens showing "this week's sports highlights" via pictures, video replays, etc., is a

natural place to present promotions to a viewing audience already buying food and beverage. This kind of content adds to customer satisfaction and experience and is available through readily available prepackaged syndication.

• Engage patrons with an on-screen sports trivia experience (or any other trivia for that matter) that encourages participation by offering a coupon for the right answer. This can be done by using a QR code to facilitate the "answer" to the on-screen question.

•  In a QSR setting people are often interested in news, sports, and weather. These interests can be satisfied with existing TV programming and mixed with on-screen ticker announcements, such as today's special, menu promotions, seasonal sales, etc.

•  How about a trendy restaurant that displays works from local artist. The LCD monitors hang on the wall with picture frames wrapping them. Maybe patrons vote on the best art. Owners could join forces with local art schools, art societies, and public support groups. Ultimately, this could tie-in to customer satisfaction and experience. Who is not uplifted by good art, and for that matter, good food?

• In downtown districts, many restaurants depend on people walking buy. Instead of using posters turning yellow on windows, why not project clear and crisp digital images directly on the window! The technology exists but hardly anyone uses it. The projector cost is about the same as a large LCD screen, although projector bulb replacement would add to maintenance costs. If that's a major concern, then laser projectors are an alternative with much longer maintenance cycles. These images could be today's menu special, happy hour enticements, a new menu item that you can almost taste, a soothing cup of fresh ground coffee on a chilly morning, or just good old branding that reinforces quality services, etc.

• Now let's turn to the nightclub scene where people are hopping and bopping on the dance floor. Bizarre curved screens are splashed like clouds above them with computer-controlled graphics flashing to the beat. During breaks, projectors are switched over to digital signage where various branding and POS offers are made.

Successful Marketing For All Starts Business

The basic concepts of effective marketing but is not the product or service. Forget or ignore this fact at your peril. So many marketers worry because they lack a spectacular new product or service to sell, when what they should be doing is focusing on their chosen marketplace first. A marketplace is just a group of people who buy certain types of products or services, and they're reachable through specific media -- specialty magazines, TV ads, email lists, or whatever.

The marketplace will tell you what it wants. For example, golfers want to shave points off their scores in the fastest, easiest way possible. Therefore, they buy all kinds of gadgets so they can show off to their buddies and be heroes out on the links. There are different schools of thought about which type of club can help you lower your score the most. Some people say, "You've got to drive farther," while others say, "Drive for show, putt for go." Whatever your specific school of thought, in the end, it's all about lowering your score and impressing your friends -- and finding a faster, easier, less painful way to get that result even quicker.

These are matters of the heart -- of emotions -- and those who serve the golfing market best are in tune with these matters. Like all the most successful marketers, they start with the marketplace first, paying close attention to the kinds of items that are most appealing. If you focus on those things in your market, then you can be a so-so copywriter and still get wealthy -- because you've homed in on those key areas that you know are red-hot.

If you can't find an unfilled niche that people actually want filled, then look for the most appealing items in the market first -- i.e., those that sell best. If you focus only on trying to sell those types of items, you won't waste your time beating your head against the wall, trying to sell things that only excite or interest you. You'll be alert to what excites your marketplace, and now you can create something even better than what's already out there. This will help you understand your specific niche market and pull you even deeper into that niche, because as I like to say, there's riches in niches.

Always start with the market. I'm repeating that already because it's so important -- and most marketers just don't get it. Look at the people who comprise that market, and note exactly what they're buying. Let the market tell you what direction you should go, and you'll rarely, if ever, spin your wheels trying to sell them something nobody wants to buy. You're going into a market you know is full of eager, rabid buyers. You're going to improve the wheel just enough to make it a little better than what your competitors are offering, and grab some of that market in the process.

It's all about understanding what people want, and then developing products and services that appeal to that specific marketplace. Start with their biggest desires; what does the marketplace want the most? Then develop products and services that give it to them. 

That's one of the reasons I like information marketing. If you sell widgets or anything else you have to manufacture, whether it's a bottle of water or a dining room table, there are certain limitations on how you can market it and how you can go about creating products. But when you're an information marketer, there are all kinds of ways to create information. It could be as audio CDs, DVDs, books, reports, digital media, or any number of other delivery mechanisms.

Physical Appearance For Qualified Job Applicants

Many peoples Job search is more competitive than ever with more people looking for work then there are jobs, you will need as much of an advantage over other qualified job applicants as you can get.

With much emphasis put on your resume, qualifications and job experience, sometimes there is little thought on overall physical appearance. Now I do not mean whether someone has showered before the job interview or, making sure they have clean clothes on no, I mean your overall physical appearance.

In other words, if you go into an interview for instance 45 pounds over weight that may have an impact on the employers decision to hire you. That may not always be the case as that does not mean that someone does not have the skills to be an effective employee, it may come down to a question about your overall health status and discipline.

Yes in today's world, there are still employers where this may mean the difference between someone getting the job or not. If there are other applicants that are just as qualified, they may have a tendency to go in another direction.

Now we all understand that discrimination of any kind is not acceptable but, let's be clear, it still takes place in some instances.So what do you do about it? If you know you have a few pounds you can afford to lose and your doctor has brought it up as a medical issue as well, it will serve you to begin getting proactive in an effective exercise program that involves resistance training and proper food choices.

If you know that you will be searching for a job in the very near future or, looking to change careers, it pays to put some time and a few dollars into looking your very best. Anyone can go out and buy fancy clothing for the interview but, getting yourself into sound physical conditioning will be more of a challenge.

If you are not sure where to start your new physical transformation, you may want to consider going down to your local fitness center and hiring a personal trainer. Let them know what you plan to do and what your goals are.

It's much easier to make the changes you need to be successful when you have someone helping you along the way by saving you time and frustration.

Taking the time and energy to be in the best physical condition you can be in at any age will tell your employer a lot about you and, also will help in keeping you physically fit so that you are productive and have the energy to succeed.

So remember, those first ten seconds you meet a prospective employer can mean the difference in you getting hired or passed over for someone else when it comes to your overall Important physical appearance.

Technology Of Infrared Thermometer

Infrared Thermometer is a device that is used for identifying temperature without touching the object. It can be useful in measuring temperature in objects that are far away, hot or small. Generally, these devices are used in areas, where the normal thermometers cannot be used. This particular device is available in a number of shapes and sizes and sometimes, they might touch the objects for finding its temperature. It is used in a number of applications and is used in a number of industries too. Also, the temperature of an object is measured in different ways with this device and details about some of these ways are given below:

Brightness sensor: Brightness Sensor is one among the many different types of this equipment. A single wavelength is used by this type to identify the warmth in an object. The measurement is done based on the amplitude of the IR Energy, which is radiated by a specific device. As this type uses only a single wavelength, it is somewhat hard to obtain a precise reading.

Multi-variant sensor: Multi-variant sensor is another type, wherein different wavelengths can be observed. This model is highly popular for its precision and accuracy in reading. 

Ratio sensor: This model is known to calculate two varied wavelengths. Due to this technology, this model can ensure accurate reading even when there is obstruction. Different devices make use of the above-mentioned technologies and the handheld device that looks like guns is among the most commonly used devices. Nowadays, there are professional companies dealing with different types of this device and there is a model called stick type, which is used for different applications. This compact size can be carried easily in pockets. Here are the details about the different uses of this device:

Medical: Infrared ear thermometer is one of the finest inventions of technology and it uses the energy that comes out of the ear to measure the body temperature in patients. This is known to give an accurate result.

Cooking: Sometimes it might become necessary to get the precise measurement of the heat in food and in such a case this thermometer can be used. It uses a laser beam to detect the precise temperature. Professional chefs can effectively use IR Thermometer as it can be inserted into the food for knowing the temperature.

Gardening: When it comes to outdoor gardens, the farmers might sometimes need to know the heat in the soil and for this purpose, this device can be helpful.

Most Important Use Six Tips For Event Planning

The organization, events can be a key communications channel and an opportunity to network and meet well-connected people. The goal is to make the event interactive and strategic, giving you the opportunity to communicate your organization's message to your target audience, and giving them a venue to give you feedback. 

Creating an event that will be imaginative in design, and effective in its purpose, requires a methodical business-like approach to make sure you select the right meeting facilities, hire the right catering, and structure the best program. Here are 10 tips to help you take your event planning to the next level.

1. Pick a Date

Obviously deciding when you will have your event is one of the most important questions you can answer. It helps to have three potential dates in mind so you can compare the availability and prices of different services on different dates. You might want to include different days of the week, simply for greater flexibility.

2. Determine the Length of Your Event

Even adding an extra hour to your event can make a dramatic impact on the cost and time required to plan the event. Additionally, you have to think about what time of day the event will occur. If you expect your guests to be at your event from 10am to 2pm, it is a good idea to offer a catered lunch.

3. Who is Attending?

Attendance numbers are consistently overestimated by event planners, which can sometimes make for unproductive negotiations or sunk event costs if not all of your guests show up. Try to get a firm RSVP from your guests, and track your attendance numbers in a spreadsheet. Do not make guesses about this detail.

4. How Many Rooms?

Some events, such as fund raising dinners, only require a single ballroom to house all of your guests and activities. But if you are hosting a full-scale conference, you will probably need to rent rooms for breakout sessions, lectures, and exhibits. Much like the number of attendees, you will not be able to accurately estimate costs until you know how much space you need.

5. Budget over Cost

Making decisions about vendors and rental space costs without a budget can be reckless and may lead to you spending too much on your event. Having your budget in place provides you with a framework by which you can compare your different proposals from vendors and venues. Will you be charging admission for attendance? Will you have sponsors for the event? Will you charge to allow exhibitors to set up in your event? Identify your revenue sources and how much money you will have before you start blindly spending it.

6. Marketing

Once you have the concrete details of the event planned out, it is time to start working on a marketing plan to let your audience and potential guests know about and start planning for the event. If you are holding an exclusive event, this may simply mean mailing out invitations to your guests. On the other hand, you may want to advertise on TV, radio, or in trade magazines if your event is open to the public. Keep in mind the purpose of your event. If you are trying to bring in revenue,

Entrepreneur Coaching And Business

What are the common traits of an entrepreneur?

The entrepreneur is a different animal to your average coaching client. They are futurists and have the capacity to see opportunities where others cannot. They are highly creative and are strategic thinkers. They operate best free of constraints. They are impulsive and risk takers. The opportunity will often outweigh the risk. Their impetuosity and spontaneity often leaving a trail for others to clean up. They love to have multiple ideas or projects on the go. They thrive on starting things and can quickly become bored. They often work best alone. They move at a rapid pace. They may experience frustration if those around them cannot keep up.

What common mistakes do coaches make with entrepreneurs?

Don't try to change them or slow them down

Successful coaches appreciate the entrepreneur for who they are and don't try to change them. Let them run and get out of their way. Watch and learn. They move at such rapid pace they may omit to consider risks or challenges. Help them expand their thinking, use brainstorming techniques, run scenarios, add clarity and detail to the vision, identify blind spots. 

Preserve balance and sustainability

In their haste the entrepreneur may neglect basic aspects of their lives, egg diet, exercise, relationships, birthdays. Watch out for sustained periods of neglect. They are optimists and masters of illusion. Look for hidden signs of stress. The entrepreneur has the capacity to make small things big things - both opportunities and problems. Call it gearing. A good coach will realize this and role-play whatever role is appropriate. This is an art. 

Respect their creativity and risk threshold

Entrepreneurs have a high threshold for risk. Accept it and work with them. You may need to be the flexible one. Their tolerance for risk, not yours, should determine the basis for strategies and objectives. Entrepreneurs love to brainstorm ideas. They also love to talk. So, let them. Coaching is about listening. Entrepreneurs want someone to listen and respond enthusiastically to their ideas. They seek positive reinforcement.

What advice would you give to public practitioners dealing with entrepreneurs?

Much of the above is also true for the professional advisor. There is one basic distinction. True coaches will not give advice. They will facilitate self-discovery through questioning techniques. Professional advisers such as accountants are expected to give professional advice. They are subject matter experts and required to interpret the law and share their knowledge. Remember entrepreneurs are the decision makers so offer them your considered opinion and let them decide. Give them options.

Be proactive

Entrepreneurs move fast. They subject themselves to risks and make frequent decisions. They do not and cannot know everything. They place a premium value on astute professional advisers who can give them considered opinion proactively and foresee scenarios or risk exposure they cannot.

Be accessible and responsive

When entrepreneurs want an answer they want it now. They make rapid fire decisions and have short concentration spans. They don't want to dwell on the detail. Big picture, clear guidance, fast turnaround.

Service focus

Tune into what your client wants. Take time to learn how they tick. Be flexible with your communication style to accommodate your client. They talk fast, you talk fast. They want succinct information, give it to them. They want options, run scenarios. They expect you to be there when they need you not return my call two days later.

Questions are the answers

Learn how to listen. Learn how to ask powerful questions. The techniques of a skilled coach are just as relevant for an accountant or sales professional. Ask open questions, eg what, where, when, how. Praise questioning techniques such as probing, clarifying, paraphrasing, summering.

Restate commitments

Once you have reached agreement with your client, repeat it back to them for clarity, "So, it is my understanding that you want me to submit your tax return by Monday, 31 July, is that correct?" or "My expectation is that you will sign and return the contract to me by Wednesday, is that reasonable?"

Real-time information

Nothing irritates an entrepreneur more than old information. Time is money. They want both lead indicators (prospects, conversion rates, average sales, purchase frequency) and lag indicators (customers, sales, profits) in their management reports. Sales pipelines are essential management information.

System and structure

The entrepreneur needs system and structure. They often aren't the best person to deliver it. That's why they hire a coach, personal assistant, consultant or accountant.

Coaching an entrepreneur is an exhilarating and rewarding experience. It can be a roller coaster ride and is never a dull moment. Supporting them in your role as a public practitioner can be just as rewarding.

Growth Your Business Success With Business Consultant

Expert small business consultants can help entrepreneurs and ambitious people uncover more approaches to make benefit all the time. Quite a few people who look for the assistance of a small business specialist wind up agreeably amazed at exactly what number territories of aptitude that ad visor really has.

Outsourcing some of your procedures, for example, showcasing, or getting help concocting an arrangement of activity to handle your current business difficulties could have a huge effect to the achievement of your business; and quick, as well. A business consultant can help you follow new business and in addition help you to guarantee that you can viably handle a spike in volume. Development is great yet you have to have the capacity to handle that development and to have the capacity to maintain it too. Getting assistance from a master simply bodes well. 

An expert has skill working with numerous businesses and can help you market to extend and in addition right operational insufficiency that could be constraining or conceivably hazardous to your notoriety and future development potential outcomes.

Most business experts have a wide cluster of experience and have been ambitious people themselves. Their information and experience places them in a decent position to take a gander at organizations with difficulties or objectives that oblige course and movement arrangements and afterward give small entrepreneurs or business visionaries with illumination that can help them get up and go.

Discovering New Customers

Most organizations are on the consistent post for new clients. Why wouldn't you need to catch more piece of the pie than you have today? Your business expert can help you discover clients that don't know the amount esteem you can add to their lives yet and in addition help you position your organization's items or administrations so you can take piece of the overall industry from disappointed or unfaithful clients of your rivals.

Profiting by Existing Customers

A few organizations have a more faithful client base than others. However a lot of people who first begin with small organizations don't understand the true ability in your initial couple of clients. Might they be able to end up rehash clients as well as be research endeavors that help you exhibit your competencies in your industry?

In the event that your business has a current customer base, it bodes well for invest a bit of time advertising to those individuals. Truth be told, they have as of now demonstrated that they are certain enough in you to put in a beginning request. In the event that you have done your occupation well, resulting deals ought to be much simpler to attain and those organizations could end up being to be profitable for their testimonials, the business you can start determining for focused around patterns, and for their pledge of mouth referral force. 

A business consultant helps small organizations exploit existing clients while helping them to extend to draw in new customers also. By putting resources into aptitude you can stretch rapidly and with trust that you have the foundation set up to backing new business. Internationally achievement and success include top list business.

Right Way To Conduct An Easy Informational Going Interview

Many managers don't know how to conduct an interview well. Here's some advice.

- Prepare in advance. Create an agenda and a structure for the interview, including time limits.

Establishing an Interview/Selection Panel

The panel must be composed of a minimum of two people, however it is strongly recommended that panels are made up of at least three staff members.
The Chair of the interview/selection panel must have completed the mandatory training.
The panel should represent a diverse representation of perspectives and backgrounds, egg gender, race, dis/ability. If you are not able to achieve this from within your department, consider inviting colleagues from cognate areas to contribute or contact your customary HR contact to discuss options.

Create an Agenda

Prepare in Advance for the Interview

Know what you want in a candidate before you begin the interview. Review the job specifications and requirements that have been prepared.

Know the job and its responsibilities. Review the job description.

Prepare a list of standard questions concerning the candidate's skills, abilities and past work performance that you want him/her to answer.

Prepare a list of prioritized and measurable criteria, either in the form of a worksheet or other method, for analyzing and comparing the candidates.

 Review the candidate's CV prior to the interview.

Set specific appointment times and reasonable time limits.

Be prepared to justify the use of any required employment test. Typically, the most legally defensible tests are those that involve a "piece of the job."

Have a Structure for the Interview

Collect Pertinent Information During the Interview

Have a list of no more than ten relevant questions, and be sure the questions have a structure by following a process "Ask a question and a serious of questions to gain a desired response"

Select ten questions from the list below:

 Starting the interview with "Tell me about yourself".
 Why did you leave your last job
 What are your strengths and weaknesses?
 Why do you want the job?
 What can you bring to this company?
 What can you tell me about our company/the industry?
 What are your career goals?
 Can you work well in teams?
Tell me about an achievement you were proud of?
How would your last employer (or current employer or   school teacher, etc.) describe you?.
What mistakes have you made in previous jobs?
Do you have plans to go traveling soon?
What salary expectations do you have?

Managing your Time

Set each interview up for 60 minutes initially and if your day is very busy set the interviews up every 30 minutes.

Keep your questions precise and take notes throughout the interview process.

Corporate Anniversary Worth Celebrating

They Companies that have flourished for 20, 30 or 50 years are understandably proud of their longevity, particularly after having endured the most recent decade's harsh economic conditions. But many of those businesses do not leverage their achievement, by failing to capture the attention, interest and engagement of the internal and external audiences that will determine their continued success.

Too often important corporate milestones are treated in a manner similar to a wedding anniversary:  

Companies will send out an announcement (press release, advertisement or email blast), host a modest reception, and provide a memento to a select number of longstanding clients.

These traditional corporate anniversary tactics may yield a few congratulatory notes, but will not deliver what might have been achieved - in terms of confirming core values, building corporate culture, and reinforcing brand presence - if the company had approached the opportunity in a strategic manner.

As a starting point, effective corporate anniversaries require the same high level of planning discipline that's applied to other aspects of business development at the firm, which should include:

• Articulation of measurable business objectives the program will seek to achieve;

• Identification and prioritization of the target audiences the program will reach and influence, including employees, current and prospective clients, suppliers, referral sources, the media, etc.;

• Framing the core messages that will be expressed through the program, and

• How success of the anniversary program will be evaluated.

Based on that strategic groundwork, a company is well-prepared to identify appropriate tactics, make well-informed decisions regarding budgetary allocations, assign responsibilities for tactical implementation, and to build a program calendar.

Ideally, a corporate anniversary strategy is based on a limited number of high-quality tactics, rather than a long list of activities with limited impact or strategic value. A few examples of high value tactics might include:

•Logo Modification - This need not be elaborate or permanent, and might also include a forward-looking tag line or theme. A simple "Celebrating 25 Years" or "Since 1988" can easily be integrated into an existing logo design. The reference can also be integrated into email signatures of all employees.

• Website Visibility - This can be as simple as an anniversary banner at the bottom corner of the home page, or as elaborate as a corporate timeline or new "history" section that explains significant events since the company's founding.

• Client / Employee Gifts - If it's deemed appropriate to give an anniversary gift to long-time clients, employees or suppliers, these gifts should be personalized and delivered in a very personal manner; either presented individually and in person, or accompanied by a customized letter from the CEO, managing partner or owners.

• History Wall - This multi-media display, consisting of photographs and historical artifacts, displayed in the firms lobby or a conference room, can serve as a permanent and up datable validation of the company's milestones and achievements.

• Client-Focused Ad Campaign - Rather than touting your company's anniversary, select 4 or 5 blue chip clients who are willing to be profiled in an advertising campaign that promotes their longevity and success. Passing (rather than direct) reference to the length of your firms relationships with those clients suggests that your company puts client interests ahead of its own.

• Video Profiles - To humanize the firm, and pay tribute to long-time employees, video interviews can showcase the personal stories, values and dedication that have served as the cornerstone of the company's success. These 2 - 3 minute videos can be posted on the corporate website, and on the company's social media sites.

• Earned Media - Press releases announcing corporate anniversaries are of little interest to most journalists. But if your company has an interesting or inspirational story to tell - involving hardship, unique challenges, failure or creativity - it's well worth soliciting interest from appropriate media sources. Positive coverage in respected business or trade publications provides valuable 3rd party endorsement of your company's long-term achievement.

• Philanthropy - Rather than hosting an expensive celebration or social event, a charitable tactic may generate greater client goodwill and provide opportunities to promote the firms anniversary (and underlying values.) These tactics might include scholarships, research grants, sponsorships, named donations, fundraisers, etc. that are related to the firms business or mission.

• Recurring Content - To sustain top-of-mind awareness related to the firms anniversary and reinforce thought leadership, firms can publish and distribute theme-based content that's likely to be of interest to target audiences. For example, an accounting firm celebrating its 25th anniversary might publish an interview series featuring CEOs of 25 long-term clients, who share the best business advice they've ever received. If published monthly, this tactic represents 12 separate opportunities to promote the firms anniversary.

The depth and range of anniversary-related tactics that can be leveraged by companies is limited only by creativity and budget. But activity is not the benchmark for success. The real challenge involves alignment of strategy and tactics to achieve tangible business outcomes and success.

Effective Strategy And Planning For Outdoor Advertisement

One method of outdoor advertisement that has been adopted by a number of companies due to its cost and effectiveness is the use of lighted signs. But the effectiveness of these lights will not be realized if certain factors are not taken into consideration while putting them up. Here is what to have in mind if you intend to use lighted channel letters or any other form of outdoor advertisement to draw attention to your business premises.

Maintain simplicity

Your channel letter signs need to be as simple as possible. With just a single glance, the viewers should be able to comprehend the kind of information you are trying to pass across. There should also be a good balance between the text and the images. Note that too many images or too much text might appear ugly and boring and fail to capture the attentions that you had intended it for.

 Proper choice of colors

The colors you choose should be the ones to promote your brands so that consumer can always remember your brand whenever their eyes land on those colors. An ideal lighted building letters made of bright, bold and brush colors that are able to catch the attention of those passing by and force them to read the writings. You should however take care not to use irritating colors as your aim is to create a good rapport with you potential customers or clients.

Graphics and photos

Any good ideal outdoor ad should have the appropriate graphics that will make the people figure out immediately what the ad is all about without having to read through the whole texts. Graphics are very powerful since people have the tendency to remember them longer than texts. Though using the ideal graphics might slightly increase the budget of your outdoor advertising in terms of the channel letter prices, it is likely to pay off in the long run.

Location

Having very beautiful and attractive lighted sign installed in your business premises is zero guarantees that it will get noticed if you don't position it in a good places. The signs need to be installed in strategic locations where they will receive maximum exposure to the passersby. They should not be overshadowed by anything and they should have clear line of sight from all directions as much as possible. 

Document Storage Is Must Be Safety For Your Business

The storage documentation that your company produces is extremely valuable for a number of reasons. Crucial company financial documents, employment letters and client files all fall under the confidential company documentation umbrella. Unfortunately, paper-based documentation can be under threat due to a variety of reasons such as fire, theft or natural disasters. Even if you store your documentation digitally, on an internal or external hard drive, it is important that you protect your company's information. To ensure the safety of your company's documentation, it is best to take on the services of a document storage company. Before you choose a storage company, there are a few factors to take into consideration:

 Storage Systems

A well-designed storage warehouse will have processes and systems in place to make your document storage as effortless as possible. It is crucial that there are not only efficient and comprehensive systems in place, but that you understand them and how they work. It does not really help to have your documentation stored safely if you cannot access them easily whenever need be. 

Depending on the size of your business, you may generate paperwork at a speedy rate and if your documentation is not stored in a logical system that you understand, it will hinder your ability to retrieve what you need when you need it. A well-designed storage system is quite a complex operation; hence you need to choose a company that specialists in document management. 

A good document management company will be able to explain their different storage options to you. In addition to this they should be able to suggest a solution that is best for your business's document storage requirements, be it tweaking the existing system or customizing a system to suit you.

If required, your document storage company should have an electronic document management system in place to conveniently scan and safe keep your business documents in order for you to access it off site electronically.

 Safe and Secure Storage

Safe and secure storage is crucial for all your documentation. Because your paper documents can be damaged by climatic conditions, fire or theft, you need adequate security against all these hazards. A document management company will have the safest facilities for document storage possible. This includes vault-type storage; climate controlled environments as well as excellent fire prevention and management facilities. Should you have scanned paperwork and are utilising digital storage systems, then the storage company will make sure that all your information is backed up and stored on secure servers.

Retrieval

Being able to access your documentation whenever necessary is vital. A well planned storage labelling system should be in place that gives you easy access to all your files irrespective of how many you have stored away. For example, even if your particular vault is lined with shelves containing rows upon rows of boxes, you should be able to find documents alphabetically, by year and by type. In addition to this, you should be able to access your documentation 24 hours a day, should there be any emergency requiring you to produce the relevant paperwork. 

As you can see, there are many benefits to secure document storage for your company. Not only will you have an organized system in place that you can utilize to find whatever you need, when you need it, but you will also have peace of mind that important business documents are well protected. The good thing about off site document storage is that even if your business premises get completely destroyed, at least all your paperwork will be safe. 

The Document Warehouse is known for providing effective document management systems. Since its conception in 1992, operating as an off site document storage and record management company in Johannesburg, the company has expanded to most cities in South Africa and around the world. The Document Warehouse employs hundreds of people and is constantly finding innovative document storage and management solutions. 

Top 5 Tips Marketing Communication

You've worked very hard to sustain your brand through the recent economic challenges, so perhaps now is the time to re-evaluate your situation, and focus on improving your marketing communications for the road ahead.

While competitors may be taking a breather, now may be the time for you to be aggressive and take a fresh look at your plans for the future, both short and long term. Here are five tips to keep in mind as you do so.

Knowledge Of Your Target Audience Trumps Opinion

Often, middle market brands believe they fully understand the wants and needs of their customers or constituents. However, consider employing market research to uncover their awareness of your brand, and how they really feel about you and your competition on various key attributes.

Doesn't investing in research make sense before you spend your limited marketing communication budget? The good news is that research might confirm what you already know; the better news is that you might learn something new about how your audience really feels, and then be able to employ communications to correct what's bothering them or highlight what's important.

Understanding - rather than guessing - the wants and needs of your customers and prospects (as well as, perhaps, your own employees) can go a long way toward improving your marketing ROI.

Marketing Communications Audits Provide Real Value

If you haven't recently (or ever) conducted a marketing communications audit, now is the ideal time to consider this tactic. Done properly, it will help you determine when, where and how to invest your time and money. At its core, you'll be able to evaluate the strengths and weaknesses of your existing program as a whole, as well as how effective each tactic is in communicating your objectives.

The results of this type of audit will provide you with an actionable and coordinated road map of message delivery and spending allocation, across traditional and new media, events, content marketing, promotion and employee knowledge - and, like a financial audit, a tool for improving your profitability.

Promote Your Brand's Anniversary

If your brand has an anniversary milestone coming up in the next two years, start planning for it now. It presents a unique opportunity to create a significant, fully integrated 12 to 18 month program, allowing you to focus on and energize your various constituents in a way that can't be matched by your competitors. But recognize that, to be successful, you can't just develop a new anniversary logo or throw a celebratory party. Like any other marketing tool, it must be grounded in meaningful and consistent messages.

Your corporate past is often the best criterion for your customers, prospects, employees and other audiences to judge your future performance. And, your 10th or 35th anniversary can be used to tell your story as effectively as a traditional 50th or 75th milestone.

Be Neutral When Evaluating Traditional And New Media

Don't get caught up in all the excitement about the latest new media tactic you read about. New media does offer exciting potential and will continue to grow in importance. But don't forget to consider traditional media. You might be surprised to know that, despite the advertising windfall generated by the Olympics and political advertising in 2012, total U/S. advertising dollars increased by only 0.9 percent in 2013. And, according to Kantar Media:

While network television and local newspapers decreased by only 3.4 percent and 3.8 percent, respectively, between 2012 and 2013;
Cable television increased by 7.3 percent; consumer magazines increased by 2.6 percent; outdoor increased by 4.4 percent; free standing inserts increased by 3.4 percent; and, Spanish television increased by 2.9 percent.

Without question, digital media and content marketing increased dramatically during this time. However, you must remember that there are many options to consider. While efficiency is important, more important is maintaining your neutrality to understand and evaluate the relative effectiveness of each alternative in achieving your strategic goals.

Marketing Communications Consultants Add Value

Whether you're a B2B, B2C or nonprofit marketer, your own resources are probably already stretched to the limit. Unfortunately, you may not be able to allocate the physical or intellectual capital to the short or long term tasks at hand.

So don't go it alone. Consider partnering with established, senior level consultants to help you and your team develop, refine and implement your plans.  

Look for consultants who aren't selling one particular discipline or a boilerplate "one size fits all" solution.
Importantly, any consultant you consider should have extensive experience across industries and brands, both large and small. And be sure they're willing to "tell it like it is", so candor will flourish. Apolitical, fresh eyes can be an efficient use of your resources, and can provide objectivity to the decisions you need to make.

Improving marketing communications ROI is a constant challenge. It may seem like a daunting task but, as Mark Twain said, "The secret to getting ahead is getting started.

Your Fundraiser Setting a Goals

Host fundraisers in my forms in order to raise money for their cause. Fundraising committees often start a fundraiser by setting a goal. This goal is the way to keep track of how successful a fundraiser and to give the staff and donors the motivation to work together towards one common goal. There are many ways to keep track of a fundraisers progress whether it is a poster board or online.

Here are a few ideas to keep in mind during your fundraiser in relation to tracking your progress.

Make the Indicator, a Motivation

Post the goal everywhere! Make sure everyone knows what the final goal and make sure the progress is updated regularly. People will respond when they see a tangible number as a result of their work. For example, in the office your campaign is housed, post a board that resembles a thermometer and write your end goal at the top of the board then fill in how much money you raised on the thermometer. 

The picture does not have to be an actual thermometer, but these types of graphics are nicknamed fundraiser thermometers. Hang the board in an area that will be seen by every worker in the office several times a day. This will further motivate your staff to work harder to achieve their goal.

Post your goal and real-time progress on your company's website as well. This can be done by adding a graphic to your website that is able to be changed easily. This is an idea that should be explored at the very start of a fundraiser with your company's website designer so that it is designed and updated correctly and efficiency. Any time any one visits your site, they will be able to see that your company is organized, has a set goal, and is successfully working towards that goal. This may be what encourages a donor to get involved in your fundraising program.

The Logistics

In order to keep your progress accurate and as up to date as possible, work a schedule into the meeting at the end of the day to report the day's progress. If it is not possible to get everyone physically present to a meeting, have everyone in your staff submit a final report at the end of the day and make it a top priority for all of the information to be compiled and added to your fundraiser thermometer. To take it a step further, celebrate the progress that your staff has made. 

If progress is not coming at the rate needed, the fundraiser thermometer will help point this out. It is important to not let this discourage your staff but instead use it a motivating tool and work together during your meetings to find a solution that will pump up your thermometer.

No matter your fundraiser is going, keep in mind that hard work and dedication to your cause is always needed.