Terms of Service

Effective Date: August 1, 2024
Last Updated: August 1, 2024

1. Acceptance of Terms

By engaging Stertup Consulting LLC for any services, you (the 'Client') agree to be bound by these Terms of Service. These terms form a legally binding contract between you and Stertup Consulting LLC.

2. Services Provided

Stertup Consulting LLC provides a range of technology and business support services, including but not limited to:

2.1 Technology Consulting

  • Technology assessments and strategic planning.
  • Digital transformation and system integration.
  • IT support and infrastructure management.

2.2 Google Workspace Services

  • Setup, migration, and management of Google Workspace accounts.
  • User training and administrative support.
  • Custom solutions and integrations for Google Workspace.

2.3 Office 365 to Google Migration

  • Comprehensive migration services from Office 365 to Google Workspace.
  • Data transfer, user setup, and post-migration support.

2.4 Social Media Services

  • Social media strategy development and implementation.
  • Content creation, scheduling, and community management.
  • Paid advertising campaigns and performance analytics.

2.5 Virtual Assistant Services

  • Administrative, technical, and creative assistance.
  • Data entry, scheduling, and customer support services.

3. Service Agreements

3.1 Scope of Work

All services will be detailed in a formal Scope of Work (SOW) or proposal, which will include:

  • A description of the services to be provided.
  • Project timelines and key deliverables.
  • Applicable fees and payment schedules.

3.2 Service Standards

All services will be performed in a professional manner, consistent with industry standards. We are committed to delivering high-quality results and ensuring client satisfaction.

4. Client Responsibilities

4.1 Information and Access

The Client agrees to provide:

  • Timely access to necessary information, data, and personnel.
  • Access to relevant systems, applications, or social media accounts as required.
  • Clear and timely communication to facilitate service delivery.

4.2 Compliance

The Client is responsible for:

  • Ensuring that all data and content provided to us comply with applicable laws and regulations.
  • Adhering to the terms of service of any third-party platforms we manage on your behalf.

4.3 Security

The Client is responsible for maintaining the security of their own systems and accounts. This includes:

  • Safeguarding login credentials and access keys.
  • Implementing appropriate internal security measures.

5. Payment Terms

5.1 Fees and Payment

  • Fees for services will be outlined in the SOW or proposal.
  • Invoices are due upon receipt, unless otherwise specified.
  • Late payments may incur interest charges at a rate of 1.5% per month.

5.2 Expenses

The Client agrees to reimburse Stertup Consulting LLC for all pre-approved, out-of-pocket expenses incurred in connection with the services.

5.3 Disputed Charges

Any disputed charges must be reported to us in writing within 15 days of the invoice date. The undisputed portion of the invoice must be paid on time.

6. Intellectual Property

6.1 Client Data and Content

  • The Client retains all intellectual property rights to their own data, content, and pre-existing materials.
  • The Client grants us a non-exclusive, royalty-free license to use this material for the purpose of providing the services.

6.2 Company Materials

  • We retain all intellectual property rights to our own methodologies, tools, and materials used to provide the services.
  • The Client is granted a non-exclusive, non-transferable license to use any deliverables for their own internal business purposes.

6.3 Third-Party Services

  • The Client is responsible for complying with the intellectual property rights of any third-party services or platforms.
  • We are not liable for any infringement of third-party rights by the Client.

7. Confidentiality

7.1 Mutual Confidentiality

Both parties agree to keep confidential all non-public information disclosed by the other party. This includes business strategies, financial information, and proprietary data.

7.2 Data Protection

We will implement reasonable safeguards to protect Client data, in accordance with our Privacy Policy.

7.3 Third-Party Services

When using third-party services, the confidentiality of your data is also subject to the policies of those providers.

8. Liability and Warranties

8.1 Service Warranty

We warrant that our services will be performed with professional care and skill. Our liability for any breach of this warranty is limited to re-performing the services or refunding the fees paid for the non-conforming service.

8.2 Limitation of Liability

To the maximum extent permitted by law, Stertup Consulting LLC shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to:

  • Loss of profits, revenue, or data.
  • Business interruption or loss of goodwill.

8.3 Disclaimer

Except as expressly stated in these terms, we provide our services 'as is' and disclaim all other warranties, whether express or implied.

9. Indemnification

The Client agrees to indemnify, defend, and hold harmless Stertup Consulting LLC, its officers, and employees from and against any and all claims, liabilities, damages, and expenses arising out of:

  • The Client's use of the services.
  • Any breach of these Terms of Service by the Client.
  • Any claim that the Client's content infringes on the intellectual property rights of a third party.

10. Termination

10.1 Termination Rights

Either party may terminate a service agreement with 30 days written notice. We may terminate immediately if the Client breaches these terms or fails to make timely payments.

10.2 Effect of Termination

Upon termination:

  • The Client must pay for all services rendered and expenses incurred up to the termination date.
  • Both parties must return or destroy all confidential information of the other party.

11. Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including acts of God, natural disasters, war, or government actions.

12. Dispute Resolution

12.1 Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.

12.2 Dispute Process

  • Any disputes arising from these terms will first be addressed through good-faith negotiation.
  • If negotiation fails, the parties agree to pursue mediation before initiating any legal action.
  • Any legal action shall be brought exclusively in the state or federal courts located in Miami-Dade County, Florida.

13. General Provisions

13.1 Entire Agreement

These Terms of Service, along with any SOW or proposal, constitute the entire agreement between the parties and supersede all prior communications.

13.2 Modifications

Any modifications to these terms must be in writing and signed by both parties.

13.3 Severability

If any provision of these terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

13.4 Assignment

The Client may not assign their rights or obligations under these terms without our prior written consent.

14. Compliance and Regulatory

14.1 Industry Compliance

We adhere to recognized industry standards and best practices in the delivery of our services.

14.2 Data Protection

We comply with applicable data protection laws, as detailed in our Privacy Policy.

14.3 Professional Standards

Our team is committed to maintaining the highest level of professional conduct and ethical standards.

15. Contact Information

For any questions regarding these Terms of Service, please contact us:

Stertup Consulting LLC
Miami, Florida
Email: info@stertups.net
Phone: +1 (786) 309-8161

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.