By accessing and using the services of Consulting by Erik INC ("Company," "we," "us," or "our"), you ("Client," "you," or "your") agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, please do not engage our services.
Consulting by Erik INC provides professional business consulting services including but not limited to:
All services are customized to meet individual client needs. Specific deliverables, timelines, and pricing will be outlined in a separate Service Agreement or Statement of Work.
All engagements begin with an initial consultation to assess your business needs and determine the appropriate scope of work.
Prior to commencement of services, both parties will execute a detailed Service Agreement or Statement of Work that includes:
Pricing for services is based on the scope of work and may be structured as:
Unless otherwise specified in the Service Agreement:
Client agrees to reimburse any pre-approved expenses incurred in connection with services, including travel, accommodations, and third-party services.
Client agrees to:
Both parties agree to maintain the confidentiality of all proprietary and sensitive information shared during the engagement. This obligation survives the termination of services.
Confidentiality obligations do not apply to information that:
Upon full payment, Client owns all custom deliverables created specifically for Client as part of the engagement.
Company retains ownership of:
Company may use project descriptions and results (anonymized if requested) for marketing purposes unless Client specifically objects in writing.
Company warrants that services will be performed in a professional manner consistent with industry standards.
While we strive for excellence, Company does not guarantee specific business outcomes or results. Business consulting involves analysis and recommendations; actual results depend on numerous factors outside our control.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY CALIFORNIA LAW, COMPANY'S TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY CLIENT FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM.
IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, OR LOSS OF DATA, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. You may have additional rights under California law.
Either party may terminate the engagement with 30 days' written notice. Client remains responsible for payment of all fees for services rendered through the termination date plus any non-cancellable expenses.
Either party may terminate immediately if:
Upon termination, Company will deliver all completed work product, and Client will pay all outstanding fees and expenses.
Company is an independent contractor, not an employee, partner, or agent of Client. Company retains sole control over the manner and means of performing services. Company is responsible for all taxes, insurance, and benefits related to its personnel.
During the engagement and for 12 months thereafter, Client agrees not to solicit or hire Company's employees or contractors who worked on Client's project without prior written consent.
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
In the event of any dispute, the parties agree to first attempt to resolve the matter through good faith mediation before pursuing litigation.
Any legal action arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Los Angeles County, California.
Neither party shall be liable for delays or failures in performance resulting from causes beyond reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, or pandemics.
Company maintains professional liability insurance appropriate for the services provided. Proof of insurance is available upon request.
Both parties agree to comply with all applicable federal, state, and local laws and regulations in connection with the services, including but not limited to:
Company reserves the right to modify these Terms at any time. Changes will be effective upon posting to our website. Continued use of services after changes constitutes acceptance of modified Terms. Material changes affecting existing engagements will require Client consent.
These Terms, together with any executed Service Agreement, constitute the entire agreement between the parties and supersede all prior agreements, representations, and understandings, whether written or oral.
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be modified to the minimum extent necessary to make it enforceable, or if not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.
The failure of either party to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
Client may not assign or transfer these Terms or any Service Agreement without Company's prior written consent. Company may assign its rights and obligations to an affiliate or in connection with a merger, acquisition, or sale of assets.
All notices required under these Terms shall be in writing and sent to:
Consulting by Erik INC
8208 Cantaloupe Ave
Panorama City, CA 91402
Email: contact@consultingbyerik.com
Phone: +1 (818) 518-8186
The following sections shall survive termination of services: Confidentiality, Intellectual Property, Limitation of Liability, Dispute Resolution, and any payment obligations.
If you have any questions about these Terms and Conditions, please contact us at contact@consultingbyerik.com or call +1 (818) 518-8186.
By engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.