Our commitment to clarity
These Terms outline acceptable use, service engagement, intellectual property, warranties, and limitations of liability. Please review them before using our site or entering into an agreement.
Effective date: August 20, 2025
These Terms & Conditions (“Terms”) govern: (a) your use of the Elevated Business Consulting website (the “Site”) and (b) any consulting, design, development, implementation, support, or related services provided by Elevated Business Consulting (“EBC,” “we,” “us,” or “our”). If a separate Master Services Agreement (“MSA”) or Statement of Work (“SOW”) is executed, that document controls where it conflicts with these Terms.
-
Acceptance of Terms
By accessing the Site or engaging our services, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Site or services.
-
Eligibility & Accounts
You must have legal capacity to contract and keep account credentials confidential. You are responsible for activities under your account.
-
Proposals, SOWs, & Scope
Service details—including deliverables, timelines, assumptions, and pricing—are defined in a written Proposal or SOW. Estimates are based on known requirements at the time of scoping.
-
Client Responsibilities
Provide timely access to stakeholders, systems, and data; designate a decision-maker; review/approve deliverables promptly; and maintain necessary third-party licenses.
-
Fees, Invoicing & Taxes
Unless stated otherwise in the SOW: fees may be time-and-materials or fixed; invoices are payable net 15 days; late amounts may incur finance charges or suspension of work. Client is responsible for applicable taxes (excluding our income taxes).
-
Changes & Out-of-Scope Work
Material changes to requirements, timelines, or assumptions require a mutually approved change order with adjusted fees/schedule.
-
Intellectual Property
-
Pre-existing IP: Each party retains ownership of materials, tools, and know-how created prior to or outside the engagement.
-
Deliverables: Upon full payment, Client receives ownership of final, bespoke deliverables specified in the SOW, excluding EBC Tools.
-
EBC Tools: We may use frameworks, templates, and libraries (“EBC Tools”). We license these to Client on a non-exclusive, perpetual basis for internal use within the delivered solution.
-
Third-Party & Open Source: Third-party components remain subject to their own licenses.
-
-
Confidentiality
Both parties will protect non-public information disclosed for the engagement and use it only for the purpose of performing under these Terms or an SOW.
-
Data Protection & Security
We implement reasonable administrative, technical, and physical safeguards appropriate to the services. If a Data Processing Addendum (DPA) is required, it will be executed and incorporated into the SOW.
-
Acceptable Use (Site)
Do not misuse the Site (e.g., by scraping, reverse engineering, introducing malware, or infringing IP). We may suspend access for violations.
-
Warranties
We warrant that services will be performed in a professional and workmanlike manner by qualified personnel. EXCEPT AS EXPRESSLY STATED, THE SITE AND SERVICES ARE PROVIDED “AS IS” WITHOUT OTHER WARRANTIES, EXPRESS OR IMPLIED.
-
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; TOTAL LIABILITY UNDER THESE TERMS OR ANY SOW IS LIMITED TO THE AMOUNT PAID OR PAYABLE FOR THE RELEVANT SERVICES IN THE SIX (6) MONTHS PRECEDING THE CLAIM.
-
Indemnification
Each party will indemnify the other against third-party claims arising from: (a) its infringement of IP rights; (b) its violation of law; or (c) breach of these Terms, subject to prompt notice and control of defense.
-
Term & Termination
Either party may terminate an SOW for material breach if not cured within 15 days of written notice. Client will pay for services performed and committed costs through the effective termination date.
-
Non-Solicitation (Optional)
During the engagement and for 12 months after, neither party will solicit the other’s personnel who were materially involved in the engagement, except via public advertisements.
-
Publicity
We may reference Client name and logo as a customer, subject to Client’s brand guidelines. Case studies require Client approval.
-
Compliance & Export
Each party will comply with applicable laws, including anti-corruption and export controls. Client is responsible for lawful use of the deliverables.
-
Force Majeure
No party is liable for delays caused by events beyond reasonable control (e.g., natural disasters, labor disputes, internet outages, governmental actions).
-
Governing Law & Dispute Resolution
These Terms are governed by the laws of [Insert State/Region], excluding its conflict-of-laws rules. Disputes will be resolved in the courts located in [Insert Venue], unless otherwise agreed in an MSA.
-
Notices
Legal notices must be sent to: Elevated Business Consulting — Legal [Insert Address] Email: legal@elevatedbusiness.co
-
Updates to Terms
We may update these Terms for the Site from time to time. Material changes will be noted by updating the “Effective date” above. Your continued use signifies acceptance.
-
Entire Agreement
These Terms, together with any MSA/SOW and incorporated policies, constitute the entire agreement regarding the Site and services and supersede prior understandings on the same subject.