1. Acceptance of Terms

By using or purchasing the services of [Company Name] (hereinafter "the Company," "we," or "us"), you (the "Client" or "you") agree to be bound by these Terms of Service ("Terms"). These Terms, together with any service contracts or proposals we provide, constitute the entire agreement between you and the Company regarding the services. If you do not agree with these Terms, you must not use our services.

2. Services and Plans

We offer our services under flexible engagement models to suit the Client’s needs. The Client may choose any of the following options at their discretion (you are not obligated to select a subscription if you prefer a one-time engagement, and vice versa):

• One-Time Project: A single, standalone service engagement with defined deliverables. This could include an initial pilot project (typically of one-month duration) to evaluate our services. The pilot is optional and meant to allow the Client to assess results before committing to a longer-term plan.

• Subscription Services: Ongoing services provided on a recurring basis. Subscriptions can be initiated either after a successful pilot project or directly without a pilot. The scope and deliverables will be as agreed in the contract or service plan. Clients may or may not continue with a subscription after a pilot; it is entirely the Client’s choice.

All services will be delivered in accordance with the specifications and timelines agreed in writing (such as in a proposal or contract). We will use reasonable care and skill in providing the services. The specifics of deliverables, performance metrics, or guarantees (if any) will be stated in your contract or service agreement.

3. Term, Commitment, and Termination

Our services require a minimum commitment of one (1) month. By signing up for a pilot project or any service plan, you agree to remain enrolled for at least the initial one-month period. You cannot cancel the service mid-month or before the end of the initial month without full payment for that month. After the initial month:

• If you are on a subscription, the contract will continue on a rolling basis (month-to-month) until terminated. You may terminate the ongoing subscription by providing written notice at least [X] days before the start of the next billing cycle (or as otherwise specified in your contract). Cancellation will take effect at the end of the then-current billing period. We do not provide pro-rated refunds for cancellations made mid-cycle; any cancellation made mid-month will only take effect at the end of that monthly period, and you will be responsible for fees for the full month in which cancellation notice was given.

• The Company may terminate or suspend the service with reasonable cause (for example, for non-payment or breach of these Terms by the Client) by providing notice to you. In such case, you are still responsible for any fees incurred up to the termination date. We may also terminate the services if we determine that we cannot feasibly provide the agreed services, in which case we will refund any prepaid fees for the remaining period after termination (if applicable).

4. Fees, Billing, and Payment Terms

By agreeing to receive our services, you agree to pay the fees as described in your contract or plan selection. Our billing and payment terms are as follows:

• Pilot Project Billing: If you opt for an initial pilot (one-month trial), the pilot period will be billed at the end of that month. Payment for the pilot month is due upon receipt of the invoice (or within the timeframe stated on the invoice).

• Subscription Billing Cycle: After the initial month (whether it was a pilot or the first month of subscription service), billing will occur on a fortnightly basis (every two weeks). Invoices will be issued twice per month to cover the ongoing services. Each invoice will detail the period of service it covers and the amount due. (For example, if services start on the 1st of a month, invoices may be issued on the 15th and 30th of that month for the respective two-week periods.)

• Invoicing and Payment: Invoices are sent electronically to the email address on file (or via our billing system). Payment is due within [14/30] days of the invoice date, unless otherwise stated. Payments can be made via the methods we support (e.g., bank transfer, credit card, etc.), as detailed on the invoice or contract.

• Late Payments: It is important to pay invoices on time to avoid interruption of services. If an invoice remains unpaid 60 days after its billing date, it will be considered seriously overdue. In such cases, a late fee of 10% of the overdue amount will be added for each additional 30-day period the payment remains overdue. (For example, an invoice 60 days past due will incur a 10% late fee; if it reaches 90 days past due, an additional 10% late fee—total 20%—will be applied, and so on.) The Company reserves the right to pause or terminate services for accounts that are overdue by more than 60 days, in addition to charging late fees as described.

• Taxes: All fees are [exclusive/inclusive] of any applicable taxes. The Client is responsible for any sales, value-added, or other taxes or duties assessed on the services, except for taxes on the Company’s income.

5. Refund Policy and Performance Guarantee

All payments are final and non-refundable, except as expressly provided under the Performance Guarantee outlined in this section. We want our clients to be satisfied with our services, and we stand behind the commitments made in our contract. Therefore, the Company may offer a limited performance guarantee as described below:

• Performance Guarantee: If we have explicitly agreed in the contract to achieve certain results or deliverables by a given timeframe (for example, a specific deliverable or performance metric in a month), and we fail to meet those written commitments, you may be eligible for a refund of the fees paid for the affected service period (e.g. the particular month in question). This guarantee applies only to the specific performance metrics or deliverables stated in the contract as guaranteed.

• Claiming a Refund: To claim a refund under this guarantee, you must notify us in writing within [X] days of the end of the month or billing period for which you believe we did not meet the contractual commitment. Your notice should detail the specific contract provision that was not fulfilled. We will review the claim against our contract and service records. If we determine that we did not provide what was promised, we will issue a refund for that month’s fee as your sole remedy for that breach of performance.

• Exclusions & Client Responsibilities: This refund guarantee will not apply (and no refund will be given) if the reason we did not fulfill the contract terms is due to your own action or inaction. In other words, the guarantee is void if the Client fails to uphold their obligations or fails to act on information/data we provide. For example, if our service involves providing data, recommendations, or analytics that you must implement or respond to, and you fail to implement the recommended actions or use the provided data, then any lack of expected results is not solely our responsibility and no refund will be granted in such cases. Similarly, if you have otherwise impeded our ability to deliver (such as by not providing necessary access or information in a timely manner), the guarantee does not apply.

• No Other Refunds: Apart from the above performance guarantee, we do not offer refunds or credits for any fees already paid. This includes, for example, not offering refunds for partial months of service not used, or if you decide to cancel services before the end of a billing period (cancellations will take effect after the end of the paid period as per Section 3).

6. Client Responsibilities

For our services to be effective, the Client has certain responsibilities. By agreeing to these Terms, you acknowledge and agree to the following:

• Cooperation and Information: You will provide all information, data, feedback, approvals, and cooperation that we reasonably require to deliver the services. This may include access to your systems, accounts, or personnel as needed (all such requirements will be discussed and agreed upon in advance). Delays in providing required information or access may impact our ability to perform and could void any performance guarantees or timelines.

• Use of Deliverables: You are responsible for using or implementing the deliverables, recommendations, or data we provide. Our services may include delivering analysis, reports, or suggestions (for example, marketing or operational data for you to act on). It is the Client’s responsibility to act on this information for the desired results to be achieved. We are not responsible for outcomes that are affected by your failure to utilize the deliverables or follow recommendations.

• Compliance and Proper Use: You agree to use our services and any deliverables or data in compliance with all applicable laws and regulations. You will not use the services for any unlawful or unauthorized purpose. If our service involves access to any of your systems or data, you warrant that you have the rights to grant such access and that our use will not violate any third-party rights.

• Payment Obligations: You agree to pay for the services as per the agreed schedule. Maintaining timely payments is part of your responsibility; failure to pay on time may result in service suspension and accrual of late fees as described in Section 4.

If you do not fulfill the above responsibilities, our ability to deliver the services may be compromised. In some cases (as noted in Section 5), failure to fulfill your obligations can void certain guarantees or be considered a breach of these Terms.

7. Disclaimers and Limitation of Liability

Disclaimers: Except for the specific commitments expressly stated in your contract or these Terms, the Company does not make any other guarantees or warranties regarding the outcomes or results from our services. The services and any work product or data are provided on an "as is" basis. While we strive to deliver high-quality work and valuable insights, we do not guarantee any particular business results (such as specific financial gains, customer increases, or other success metrics) beyond what is explicitly promised in writing. Any estimates or projections we may provide are for illustrative purposes and not guaranteed.

Limitation of Liability: To the fullest extent permitted by law, the Company’s total liability to the Client for any claims arising out of or relating to the services or these Terms is limited to the amount of fees the Client paid to the Company in the most recent two (2) months of service. The Company will not be liable for any indirect, consequential, special, or incidental damages such as lost profits, lost data, lost business opportunities, or reputational harm, even if we have been advised of the possibility of such damages. This limitation applies to any cause of action, whether in contract, tort, or otherwise. Additionally, the Company is not liable for any failure or delay in performance caused by factors beyond our reasonable control (for example, labor strikes, network outages, force majeure events, changes in third-party platforms or algorithms, etc.).

Nothing in these Terms is intended to limit or exclude liability that cannot be limited by law (for example, certain statutory warranties or liabilities that by law cannot be excluded).

8. Changes to Terms

The Company reserves the right to update or modify these Terms of Service from time to time. If we make material changes, we will provide notice to clients [for example, via email or via a notice on our website] and update the "Effective Date" at the top of this document. Continued use of our services after any changes constitutes acceptance of the revised Terms. If you do not agree to the amended Terms, you must stop using our services and, if applicable, cancel your subscription or engagement (subject to any early termination provisions in Section 3).

9. Miscellaneous

• Governing Law: These Terms and any dispute arising out of or in connection with them or the services will be governed by the laws of [Jurisdiction], without regard to its conflict of laws principles. Any legal action or proceeding shall be brought in the courts of [Jurisdiction], and both you and the Company consent to the exclusive jurisdiction of such courts.

• Entire Agreement: These Terms, along with any service agreement, proposal, or contract you have with us, constitute the entire agreement between you and [Company Name] with respect to the services. They supersede any prior or contemporaneous understandings and agreements. In case of conflict between these general Terms and a specific contract signed with you, the specific contract terms will prevail to the extent of the conflict.

• No Waiver: Our failure to enforce any provision of these Terms shall not be deemed a waiver of our right to enforce that or any other provision.

• Severability: If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, that provision will be construed to reflect the parties’ intention, and all the other provisions will remain in full force and effect.

• Assignment: You may not assign or transfer your rights or obligations under these Terms to any third party without our prior written consent. The Company may assign these Terms or any part of the services to an affiliate or in connection with a merger or acquisition, or sale of assets.

• Relationship: Nothing in these Terms shall be construed to create a partnership, joint venture, or agency relationship between us and you. We are operating as an independent contractor.

10. Contact Information

If you have any questions about these Terms of Service or need to provide any notice under these Terms, please contact [Company Name] at:

• Company Name: [Company Name]

• Address: [Company Address]

• Email: [Contact Email]

• Contact Number: [Phone Number]

By using our services or signing a service agreement with [Company Name], you acknowledge that you have read, understood, and agree to these Terms of Service. We value your business and look forward to a successful partnership.