Terms and Conditions

For this agreement, Flywheel Skye LLC shall be referred to as "Consultant," and the Client's company or entity shall be referred to as "Client."

By signing a quote or professional services agreement with the Consultant, Client agrees to the following terms and conditions:

Invoicing & Payment:

If Consultant is invoicing the Client for an agreed upon scope of work with specific outcomes,  Consultant will not commence work until payment is received from Client. Payment is available using a link in the provided quote, via HubSpot Payments. If Consultant is providing services on an hourly basis, Consultant will invoice Client each Friday for hours worked during that week. Invoice must be paid within three (3) business days after invoice is sent.  If invoice is not paid by the end of the third day, no further work will be completed by Consultant until payment is received. Client may make payment via credit card or ACH bank transfer. Client shall assume all responsibility for collecting legal fees as necessitated by defaults in payment or for sales taxes due as a result of the project or any engagement thereof. All payments made by Client to Consultant during the engagement, including deposits, variable-time payments, and additional costs or fees, are non-refundable.

Engagement Delivery:

Consultant provides services at a standard delivery pace and process to Client. Consultant will make reasonable efforts to communicate with Client promptly and will respond to all emails within one business day. Please note that this response may state that the Consultant is aware of and looking into the issue but does not guarantee an official answer to the inquiry. Client is responsible for all existing contractual obligations or deadlines associated with other vendors and systems impacted by this engagement. Consultant makes no promises or guarantees, express or implied, regarding engagement completion date or readiness to turn off or complete transitions from other systems. Client assumes all responsibilities associated with such deadlines and contracts. Stated delivery timeframes for line items are not guaranteed and serve as estimates only. The stated delivery timeframes presume achievability based upon active cooperation and coordination by Client / third parties at all times. In case of early termination, Client will be responsible for payment of all fees and expenses incurred during the period up to and inclusive of the date of termination and for all fees and payments noted through the end of the initially established engagement hours/services range. In such event, Consultant shall reasonably attempt to finish work in progress for Client before the termination date and upon securing agreement for final payment.

Proprietary intellectual property:

Should this engagement include line items for intellectual property such as custom software, code, templates, or methodologies required to deliver that line item, that intellectual property will be proprietary to Consultant, and only used for/on behalf of/by Client with the consent of Consultant. Client may not distribute any intellectual property of Consultant to third parties even on Consultant's behalf. Should intellectual property be required to be shared with third parties, the Consultant will communicate directly with third parties to the degree to which the Consultant feels comfortable.

Data validity and integrity:

Consultant assumes no responsibility for the validity and accuracy of any data imported, created, or reported during this engagement. Client is responsible for providing quality data and recognizes it would not be reasonable to expect Consultant to identify "bad data" without indication by Client. Client acknowledges Consultant is unfamiliar with data before engagement. Consultant will make all practical efforts to have data in Client's HubSpot portal replicate data as provided in the current state. Consultant is not responsible for appending or enriching data, even if working with a third party or software supplying appended or enriched data. Should the HubSpot platform be technically incapable of receiving and recording data, or parts of data, in the same manner as the current state, Consultant will make reasonable efforts to represent that data as close as possible to the current state, given the limitations of the HubSpot platform with all tools at their disposal.

Return-on-investment:

Consultant makes no guarantees that this engagement will provide any specific value of return-on-investment (ROI). Consultant is only responsible for executing the specific deliverables within the guidelines of the Engagement Delivery section of these terms. Consultant further agrees and acknowledges that the industry in which the Client operates is highly competitive, that many of the Client's competitors have substantially greater financial, technical, marketing, and sales resources than the Client, and that there is no guarantee of the Client's success, either financially or otherwise, and that no representation to the contrary has been made to Consultant. Client recognizes that any consultative advice made by Consultant is strictly advice being given based on the context available to Consultant. Furthermore, Consultant is not responsible for the actions or outcomes of the Client based on that advice, and ultimately the actions are being made based on Client's own decision. Client recognizes that should their actions based on the recommendation of Consultant result in a negative impact on their business or operations, or lead to a less-than-ideal ROI, Consultant is not responsible for those outcomes.

Privacy:

Consultant will not disclose the relationship with Client to other clients, prospects, or third parties unless explicitly allowed by Client. Depth of disclosure about the relationship, work done for, and entity specifics about Client will be stated explicitly by Client. Consultant will not use Client's data to further any individual goals or make monetary gains and will only discuss data with Client and Client-authorized third parties. All log-ins used by Consultant will be protected by two-factor authentication. Consultant will abide by NDA provided by Client should Client require an NDA.