Terms & Conditions

Effective Date: October 28, 2025

Last Updated: October 28, 2025

Agreement to Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Consultancy Company ("Company," "we," "our," or "us") governing your use of our website and services.

By accessing our website or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use our website or services.

Services Description

Consulting Services

Consultancy Company provides professional consulting services across multiple domains including:

  • Management consulting and business strategy
  • Technology implementation and digital transformation
  • Data analytics and artificial intelligence solutions
  • Process optimization and operational excellence
  • Risk management and compliance advisory
  • Organizational change management
  • Industry-specific consulting services
Service Engagement

Services are provided pursuant to separate Statement of Work (SOW) agreements that specify:

  • Scope of services and deliverables
  • Timeline and milestones
  • Fees and payment terms
  • Specific terms applicable to the engagement

Website Use

Permitted Use

You may use our website for:

  • Learning about our services and capabilities
  • Accessing insights, reports, and thought leadership content
  • Submitting inquiries and requests for information
  • Applying for career opportunities
  • Communicating with our team
Prohibited Use

You agree not to:

  • Violate any applicable laws or regulations
  • Infringe intellectual property rights
  • Transmit malicious code, viruses, or harmful content
  • Attempt unauthorized access to our systems
  • Scrape, mine, or extract data through automated means
  • Impersonate others or provide false information
  • Interfere with website functionality or security
  • Use services for competitive intelligence gathering

Intellectual Property Rights

Our Property

All content on our website and in our deliverables, including but not limited to text, graphics, logos, methodologies, frameworks, software, and documentation, is the exclusive property of Consultancy Company or our licensors and is protected by copyright, trademark, and other intellectual property laws.

Client Materials

You retain ownership of all materials, data, and information you provide to us. By providing such materials, you grant us a non-exclusive license to use them solely for delivering services under our engagement.

Work Product

Ownership of work product created during consulting engagements is specified in the applicable SOW. Unless otherwise agreed:

  • Custom deliverables specific to your business become your property
  • Pre-existing methodologies, frameworks, and tools remain our property
  • We retain the right to use general knowledge and experience gained
Restrictions

You may not:

  • Reproduce, distribute, or create derivative works without written permission
  • Remove proprietary notices or attribution
  • Reverse engineer any software or methodologies
  • Use our intellectual property for commercial purposes without authorization

Confidentiality

Mutual Obligations

Both parties agree to:

  • Maintain strict confidentiality of proprietary information
  • Use confidential information only for agreed purposes
  • Implement reasonable security measures to protect information
  • Limit access to authorized personnel with need-to-know
Exclusions

Confidentiality obligations do not apply to information that:

  • Is publicly available through no fault of the receiving party
  • Was rightfully known prior to disclosure
  • Is independently developed without use of confidential information
  • Is required to be disclosed by law or court order
Duration

Confidentiality obligations survive for five (5) years after engagement termination or as specified in the SOW.

Fees and Payment

Consulting Fees

Fees for consulting services are specified in each SOW and may be structured as:

  • Fixed project fees
  • Time and materials (hourly or daily rates)
  • Retainer arrangements
  • Value-based or outcome-based pricing
Payment Terms
  • Invoices are issued according to the payment schedule in the SOW
  • Payment is due within thirty (30) days of invoice date unless otherwise agreed
  • Late payments may incur interest charges at the rate of 1.5% per month
  • We reserve the right to suspend services for non-payment
Expenses

Client is responsible for reasonable out-of-pocket expenses including:

  • Travel and accommodation
  • Materials and supplies
  • Third-party services required for the engagement
  • Technology licenses and subscriptions

Expenses exceeding thresholds specified in the SOW require prior approval.

Representations and Warranties

Company Warranties

We warrant that:

  • Services will be performed in a professional and workmanlike manner
  • We have the necessary expertise and qualifications
  • Services will conform to specifications in the SOW
  • We will comply with applicable laws and regulations
Client Warranties

You warrant that:

  • You have authority to enter into this agreement
  • Information provided to us is accurate and complete
  • You own or have rights to materials provided to us
  • Your use of our services does not violate third-party rights
Disclaimer

EXCEPT AS EXPRESSLY STATED, SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not guarantee specific results or outcomes. Success depends on various factors including client cooperation, market conditions, and external circumstances beyond our control.

Limitation of Liability

Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY CLIENT FOR THE SPECIFIC ENGAGEMENT GIVING RISE TO THE CLAIM, OR $50,000, WHICHEVER IS LESS.

Excluded Damages

WE SHALL NOT BE LIABLE FOR:

  • INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES
  • LOST PROFITS, REVENUE, OR BUSINESS OPPORTUNITIES
  • BUSINESS INTERRUPTION OR LOSS OF DATA
  • COST OF SUBSTITUTE SERVICES
  • CLAIMS BY THIRD PARTIES

These limitations apply regardless of the legal theory and even if we have been advised of the possibility of such damages.

Exceptions

Liability limitations do not apply to:

  • Willful misconduct or gross negligence
  • Breach of confidentiality obligations
  • Infringement of intellectual property rights
  • Obligations that cannot be limited by law

Indemnification

By Client

You agree to indemnify, defend, and hold us harmless from claims, damages, and expenses (including reasonable attorneys' fees) arising from:

  • Your breach of these Terms
  • Your violation of laws or third-party rights
  • Your use of deliverables or recommendations
  • Inaccurate or incomplete information you provide
  • Your negligence or willful misconduct
By Company

We agree to indemnify you from claims that our services infringe third-party intellectual property rights, provided you:

  • Promptly notify us of the claim
  • Grant us control of the defense and settlement
  • Provide reasonable cooperation

Our indemnification does not cover claims arising from modifications you make or use outside the scope agreed upon.

Term and Termination

Engagement Term

Each consulting engagement commences upon SOW execution and continues until completion of deliverables or the specified end date.

Termination for Convenience

Either party may terminate an engagement with thirty (30) days' written notice. Client remains obligated to pay for:

  • Services performed through the termination date
  • Non-cancellable commitments made on Client's behalf
  • Wind-down activities
Termination for Cause

Either party may terminate immediately if the other party:

  • Materially breaches these Terms and fails to cure within fifteen (15) days
  • Becomes insolvent or files for bankruptcy
  • Engages in fraud or willful misconduct
Effects of Termination

Upon termination:

  • We will deliver completed work product
  • Client will pay all outstanding fees and expenses
  • Confidentiality obligations continue
  • Sections intended to survive will remain in effect

Force Majeure

Neither party is liable for delays or failures in performance caused by circumstances beyond reasonable control, including:

  • Natural disasters, pandemics, or public health emergencies
  • War, terrorism, or civil unrest
  • Government actions or regulatory changes
  • Labor disputes or strikes
  • Telecommunications or internet failures
  • Acts of third parties

The affected party must promptly notify the other and use reasonable efforts to mitigate impact.

Independent Contractor Relationship

We are an independent contractor, not an employee, agent, partner, or joint venture of Client. We retain sole control over how we perform services, including:

  • Determining methods and procedures
  • Assigning personnel to engagements
  • Scheduling work activities

Nothing in these Terms creates an employment relationship, and we are responsible for our own taxes, insurance, and benefits.

Data Protection and Privacy

We process personal data in accordance with our Privacy Policy and applicable data protection laws. For consulting engagements involving personal data:

  • We act as a data processor on Client's behalf
  • Client acts as data controller with responsibility for lawful processing
  • We implement appropriate technical and organizational security measures
  • Data Processing Addenda may be executed as required by law

Governing Law and Dispute Resolution

Governing Law

These Terms are governed by the laws of [Your Jurisdiction], without regard to conflict of law principles.

Dispute Resolution Process

Step 1 - Negotiation: Parties will first attempt to resolve disputes through good-faith negotiations at the management level.

Step 2 - Mediation: If negotiation fails within thirty (30) days, disputes will be submitted to mediation with a mutually agreed mediator.

Step 3 - Arbitration or Litigation:

  • For disputes exceeding $100,000, binding arbitration under [Arbitration Rules]
  • For smaller disputes, either party may pursue litigation in courts of [Your Jurisdiction]
Injunctive Relief

Either party may seek injunctive relief in court for breaches involving intellectual property or confidentiality without first pursuing mediation or arbitration.

Costs and Attorneys' Fees

The prevailing party in any legal proceeding is entitled to recover reasonable attorneys' fees and costs.

General Provisions

Entire Agreement

These Terms, together with applicable SOWs and referenced policies, constitute the entire agreement and supersede all prior agreements, representations, and understandings.

Amendments

We may update these Terms periodically. Material changes require thirty (30) days' notice. Continued use after changes constitutes acceptance. SOWs can only be amended by written agreement signed by both parties.

Assignment

You may not assign or transfer rights under these Terms without our written consent. We may assign our rights to affiliates or in connection with a merger, acquisition, or sale of assets.

Severability

If any provision is found invalid or unenforceable, the remaining provisions continue in full force, and the invalid provision will be modified to achieve the intended effect to the extent possible.

Waiver

Failure to enforce any provision does not constitute a waiver of that or any other provision. Waivers must be in writing and signed by the waiving party.

Notices

All notices must be in writing and sent to:

Consultancy Company

Email: hello@acheia.co

Phone: 1300 400 200

Address: [Your Business Address]

To Client: As specified in the SOW

Notices are effective upon receipt.

Headings

Section headings are for convenience only and do not affect interpretation.

Survival

Provisions that by their nature should survive termination (including intellectual property, confidentiality, payment obligations, warranties, indemnification, and liability limitations) continue after termination or expiration.

Contact Information

For questions regarding these Terms and Conditions:

Consultancy Company

Email: hello@acheia.co

Phone: 1300 400 200

Website: www.consultancycompany.com

By using our website or services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions and our Privacy Policy.

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