Ascentify Consulting Firm Terms of Service
Introduction
These Terms of Service (“Terms”) govern your access to and use of the services provided by Ascentify Consulting Firm, Inc. (“Ascentify”, “we” or “us”). Please read these Terms carefully before using our services. By using our services, you agree to be bound by these Terms. If you do not agree, you may not use our services.
Services
Ascentify provides consulting services in the areas of business strategy, marketing, product development, technology implementation and more (“Services”). The specific details concerning any Services will be set forth in a separate written agreement for that project.
Ascension Mastermind
Certain Ascentify clients receiving Growth Accelerator consulting services gain access to Ascentify’s Ascension Mastermind program for the duration of their annual contract term. The Ascension Mastermind provides opportunities to engage in peer advisory boards, expert coaching sessions and mentorship events to further support your business growth and leadership development.
You agree that you will not record, distribute or resell any Ascension Mastermind materials, including but not limited to: workshop videos, presentations, worksheets, frameworks, or audio recordings of group sessions. The Ascension Mastermind content provided through your participation is for your personal educational use only for the duration of your eligibility term.
Specific eligibility terms and Ascension Mastermind features are outlined in the applicable yearly contract agreement. Participation requirements may apply and additional fees could incur if you fall out of compliance with the Ascension Mastermind terms outlined, including the prohibition on reselling or distributing materials accessed through this program.
Brand Development
As part of some consulting engagements, Ascentify may provide brand development and design services to create or improve your company’s brand identity and assets. Any branding services will be outlined in the project agreement. We will own rights to any creative elements we produce, including logos, iconography, fonts and other designs. You will have a non-exclusive perpetual license to use brand elements we create and provide as part of the Services for purposes reasonably aligned with the consulting engagement.
Business Credit Services
As part of certain consulting packages, Ascentify provides referrals to qualified third party providers of business credit coaching and funding services. These are independent businesses that can assist with building your commercial credit profiles to attain revolving credit lines and business loans. Introductions and advisory support may be provided by Ascentify to facilitate the business credit process, but accounts and contracted liabilities with the third party credit companies are held independently. Ascentify makes no guarantees concerning credit lines, loan approvals or funding amounts through these referrals.
Business Registration
As part of certain consulting engagements, Ascentify may assist you with initial business registration and formation (e.g. incorporation, LLC formation) through a qualified third party provider. Specifics regarding included business formation services, if any, will be indicated in your project agreement. Please note that Ascentify does not directly provide legal or tax advice. Business registration and formation services are outsourced to a third party provider.
Deliverables
As part of the Services, Ascentify will provide you with certain consulting deliverables like reports, strategic plans, product specifications documents, wireframes, and other materials that encompass Ascentify’s consulting recommendations and advice (“Deliverables”). Ownership of these Deliverables will be specified in the applicable project agreement. Unless otherwise noted, Deliverables are provided for your internal use only. They cannot be sold or transferred to third parties without our consent.
VIP Days
Certain project agreements provide designated VIP days where Ascentify’s advisors and experts make themselves available to you for brainstorming, advice and feedback. Any consulting engagement that includes allocated VIP days will specify terms of use in the applicable project agreement. VIP days must be scheduled in advance and will expire if not used within 6 months of being accrued.
Website Design Services
As part of some consulting engagements, Ascentify may provide website design services to create or improve your company website. Any website design services will be outlined in the applicable project agreement. We will own all rights to visual designs, artwork, and other creative elements produced by us for your website. You will own all right to the website code and content, except for elements owned by Ascentify as part of our Services.
Please note basic website accessibility for disabled users per WCAG 2.1 standards is included. Enhanced website accessibility services meeting the latest published Web Content Accessibility Guidelines can be provided for an additional cost of $490 through a qualified third party provider that specializes in accessible web design and development.
Use of Services
You agree to use our Services only for lawful purposes and in accordance with these Terms and any additional guidelines or policies provided by Ascentify. You agree not to access or use our Services in any way that is unlawful, threatening, abusive or harassing.
Intellectual Property
Ascentify retains all right, title and interest in and to our Services, including any software, code, documentation, derivative works, and deliverables provided as part of the Services (“Ascentify IP”). No Ascentify IP is transferred or licensed to you under these Terms. The ideas, suggestions and feedback you provide to us about our Services belong to us, and you agree to assign all right, title and interest in feedback to Ascentify.
Confidentiality
You agree not to disclose any confidential information shared with you as part of our Services without our prior written consent. Confidential information includes any Ascentify IP as well as any non-public strategies, methodologies or business information.
Deposits
If you are not financing your payments through Ascentify, a 50% deposit is required to commence work for any Services provided. The deposit will be applied against the total fees owed. The remainder of fees due, including any expenses, will be billed after initial delivery or presentation of agreed upon deliverables per the project stages outlined in our agreement. Services cannot commence until the deposit is received by Ascentify in cleared funds.
Refund Policy
Given the custom nature of Ascentify’s consulting Services, all sales are final and payments made to Ascentify are non-refundable if work has commenced on a defined project agreement.
If no work has begun on an executed project agreement, you may cancel within 5 business days of signing and receive a full refund.
If work has commenced and you wish to cancel further services, at Ascentify’s sole discretion you may receive a prorated refund if you provide written notice of cancellation via email or certified mail; otherwise, you will be liable per the payment schedule defined in the project agreement for all time and materials incurred by Ascentify prior to cancellation.
Warranty Disclaimers
Ascentify provides our Services on an “as is” and “as available” basis. We do not provide any express or implied warranties or guarantees.
Limitation of Liability
Ascentify is not liable for any indirect, incidental, special, consequential or exemplary damages arising from your use of the Services. Ascentify’s total liability arising from or relating to these Terms is limited to the amount paid by you to Ascentify under the applicable project agreement in the prior 12 months.
Indemnification
You will defend and indemnify Ascentify from any third-party claims, damages, liabilities, losses, costs and expenses (including reasonable attorney fees) arising from: (a) your breach of these Terms; and (b) your unlawful, negligent or fraudulent acts or omissions.
Communication Protocols
To ensure Ascentify team members can give your project proper focus and attention, all calls and virtual meetings must be scheduled in advance through an online calendar booking system or by email. We aim to respond to all calls and emails within 24 hours on weekdays, but specific advisors working on your project may designate timeframe guarantees based on your agreed upon service levels.
Any advice provided over email or unofficial conversations should be considered recommendations that may require further analysis unless formally delivered as part of our defined Deliverables. Similarly, you agree to designate specific points of contact for coordinating with Ascentify advisors so we can channel two-way communication and feedback efficiently. Contacting other Ascentify team members without scheduling could result in additional fees if done excessively to access time with advisors that have been allocated based on agreed upon budget and scope limitations.
Changes to these Terms
We may modify these Terms from time to time. If we make material changes, we will notify you through the Services or by other reasonable means. By continuing to access or use our Services after revisions become effective, you agree to be bound by the updated Terms.
Governing Law
These Terms are governed by the laws of the State of New Jersey without regard to conflict of law principles. Any dispute arising from these Terms must be brought exclusively in the federal or state courts located in Delaware and you consent to personal jurisdiction in these courts.
Termination
We may terminate your right to use our Services if you breach these Terms or engage in unlawful or fraudulent activity. Upon any termination, your right to access and use our Services will immediately cease. Clauses intended by their nature to survive termination will survive termination.
Entire Agreement
These Terms constitute the entire agreement between you and Ascentify with respect to the subject matter hereof and supersede all prior agreements between the parties with respect to their subject matter.
Contact Us
If you have questions or comments about this privacy policy, please email us or write us at:
ASCENTIFY CONSULTING FIRM INC
100 CAMPUS TOWN CIRCLE
SUITE 103-2077
EWING, NJ 08638
USA
INFO@ASCENTIFY.COM
For information about how to contact ASCENTIFY CONSULTING FIRM INC please visit our contact page.
EFFECTIVE DATE: April 9, 2021