Introduction

Welcome to Acuvity Consulting. By accessing and using our website and services, you agree to comply with and be bound by the following terms and conditions. Please review them carefully. If you do not agree to these terms, you should not use our website or services.

Definitions

• Client: Any individual or entity engaging Acuvity Consulting for services.
• Services: The consulting services provided by Acuvity Consulting as described in the service agreement.
• Agreement: The contract or service agreement between Acuvity Consulting and the Client, which includes these terms and conditions.

Use of Website

1. Website Content: The content provided on this website is for general information purposes only. Acuvity Consulting reserves the right to update or modify the content at any time without prior notice.
2. User Conduct: Users agree not to use this website for any unlawful purpose or in any way that may harm Acuvity Consulting or any other person or entity.

Services

1. Scope of Services: Acuvity Consulting will provide consulting services as detailed in the service agreement.
2. Changes to Services: Any changes to the scope of services must be agreed upon in writing by both parties.
3. Service Delivery: Acuvity Consulting will use reasonable efforts to deliver the services within the agreed timeline. However, we are not liable for delays caused by factors beyond our control.

Fees and Payment

1. Fees: The Client agrees to pay the fees specified in the service agreement.
2. Payment Terms: Payment terms will be outlined in the service agreement. Unless otherwise specified, invoices are due within 30 days of receipt.
3. Late Payments: Late payments may incur interest at the rate specified in the service agreement, or at a rate of 1.5% per month if not specified.
4. Expenses: The Client agrees to reimburse Acuvity Consulting for any pre-approved outof-pocket expenses incurred during the delivery of services.

Confidentiality

1. Confidential Information: Both parties agree to keep all confidential information disclosed during the term of the agreement confidential and not to use it for any purpose other than the performance of the services.
2. Non-Disclosure: Neither party will disclose confidential information to any third party without the prior written consent of the other party.

Intellectual Property

1. Ownership: All intellectual property developed during the provision of services shall remain the property of Acuvity Consulting until full payment is received.
2. License: Upon full payment, the Client is granted a non-exclusive, non-transferable license to use the deliverables for the intended purpose as outlined in the service agreement.

Termination

1. Termination for Convenience: Either party may terminate the agreement with 30 days’ written notice.
2. Termination for Cause: Either party may terminate the agreement immediately if the other party breaches any material term of the agreement and fails to remedy the breach within 15 days of receiving notice.
3. Effect of Termination: Upon termination, the Client will pay Acuvity Consulting for all services rendered and expenses incurred up to the date of termination.

Limitation of Liability

1. No Liability for Indirect Damages: Acuvity Consulting will not be liable for any indirect, incidental, or consequential damages arising out of or in connection with the services.
2. Liability Cap: Acuvity Consulting’s total liability under this agreement will not exceed the total fees paid by the Client for the services.

Governing Law

This agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.

Dispute Resolution

1. Negotiation: In the event of a dispute, the parties will first attempt to resolve the issue
   through good-faith negotiations.
2. Arbitration: If the dispute cannot be resolved through negotiation, it shall be settled by
   binding arbitration in accordance with the rules of the American Arbitration Association.

Miscellaneous

1. Entire Agreement: This agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings.
2. Amendments: Any amendments to this agreement must be in writing and signed by both parties.
3. Severability: If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
4. Waiver: The failure of either party to enforce any provision of this agreement will not constitute a waiver of the right to subsequently enforce that provision.

By accessing and using this website, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions.

For any questions or concerns regarding these terms, please contact us at info@acuvity.com