TERMS AND CONDITIONS OF SERVICE
IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE ("AGREEMENT") CAREFULLY BEFORE USING THIS WEBSITE OR ENGAGING THE SERVICES OF J.Ray Consulting, LLC. BY USING THIS WEBSITE OR ENGAGING OUR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THIS WEBSITE OR ENGAGE OUR SERVICES.
INTRODUCTION
1.1. These Terms and Conditions of Service (the "Agreement") constitute a legally binding agreement between you ("Client" or "you") and J.Ray Consulting, LLC ("Consultant," "we," or "us") regarding the services provided by Consultant and the use of the Consultant's website (the "Website").
1.2. By using the Website or engaging our services, you represent and warrant that you have the legal capacity to enter into this Agreement and that you have read, understood, and agree to be bound by this Agreement.
2. SERVICES
2.1. J. Ray Consulting, LLC provides consulting services to assist small businesses in improving their operations, efficiency, and overall performance. The specific services to be provided by Consultant shall be detailed in a separate written agreement, proposal, or statement of work between the parties (the "Service Agreement").
2.2. The Consultant will perform the services outlined in the Service Agreement with reasonable care and skill, using commercially reasonable efforts to achieve the objectives of the engagement. However, the Consultant does not guarantee specific results or outcomes.
3. CLIENT RESPONSIBILITIES
3.1. The Client agrees to provide accurate and complete information necessary for the Consultant to perform the services effectively. The Client further acknowledges that any reliance on inaccurate or incomplete information may affect the quality and outcome of the services provided by the Consultant.
3.2. The Client shall promptly provide any necessary cooperation, support, and access to information or resources reasonably required by the Consultant to perform the services.
4. FEES AND PAYMENT
4.1. The fees for the services provided by the Consultant shall be outlined in the Service Agreement. Unless otherwise specified, all fees are quoted and payable in the currency specified in the Service Agreement.
4.2. The Client agrees to pay all fees and expenses invoiced by the Consultant in accordance with the payment terms specified in the Service Agreement or as otherwise agreed upon in writing. Invoices shall be paid within thirty (30) days from the date of the invoice.
4.3. Any additional expenses incurred by the Consultant in connection with the provision of services shall be reimbursed by the Client upon presentation of supporting documentation.
5. CONFIDENTIALITY
5.1. The Consultant acknowledges that in the course of providing services, it may have access to confidential and proprietary information of the Client. The Consultant agrees to maintain the confidentiality of such information and to use it solely for the purposes of performing the services under this Agreement.
5.2. The Client agrees to provide the Consultant with access to necessary confidential and proprietary information and agrees that the Consultant may use such information solely for the purposes of providing the services under this Agreement.
6. INTELLECTUAL PROPERTY
6.1. The Client acknowledges that all intellectual property rights, including but not limited to copyrights, trademarks, trade secrets, and patents, in any deliverables or materials created or provided by the Consultant as part of the services shall belong to the Consultant, unless otherwise specified in the Service Agreement.
6.2. The Consultant grants the Client a non-exclusive, non-transferable, limited license to use any deliverables or materials provided by the Consultant solely for the Client's internal business purposes.
7. LIMITATION OF LIABILITY
7.1. The Consultant's liability, whether in contract, tort (including negligence), or otherwise, arising out of or in connection with this Agreement, the services provided, or the use of the Website, shall be limited to the total fees paid by the Client to the Consultant for the specific services giving rise to the liability.
7.2. In no event shall the Consultant be liable for any indirect, incidental, consequential, special, or punitive damages, or for any loss of profits, revenue, data, or business opportunities, even if advised of the possibility of such damages.
7.3. The Consultant shall not be liable for any delays or failure to perform its obligations under this Agreement due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, strikes, labor disputes, or technical failures.
8. TERM AND TERMINATION
8.1. This Agreement shall commence on the date of acceptance by the Client and shall continue until the completion of the services outlined in the Service Agreement, unless terminated earlier in accordance with the provisions of this Agreement.
8.2. Either party may terminate this Agreement upon written notice to the other party if there is a material breach of this Agreement by the other party that remains uncured for a period of [number] days after receiving written notice of such breach.
8.3. Upon termination of this Agreement, any outstanding fees and expenses shall become immediately due and payable.
9. GOVERNING LAW AND DISPUTE RESOLUTION
9.1. This Agreement shall be governed by and construed in accordance with the laws of the State of New York. Any disputes arising out of or in connection with this Agreement shall be resolved exclusively through binding arbitration conducted in the State of New York in accordance with the rules of the [arbitration organization]. The language of the arbitration shall be [language].
10. MISCELLANEOUS
10.1. This Agreement constitutes the entire agreement between the parties and supersedes all prior oral or written agreements, understandings, or representations.
10.2. Any modification or amendment to this Agreement must be in writing and signed by both parties.
10.3. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
10.4. The Client may not assign or transfer any rights or obligations under this Agreement without the prior written consent of the Consultant.
10.5. The headings in this Agreement are for convenience only and shall not affect its interpretation.
By using this Website or engaging our services, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement.
If you have any questions or concerns regarding this Agreement, please contact us at jrayconsulting@gmail.com.