1. Scope of Services
(“Provider”) agrees to deliver consulting, training, digital marketing, and related services (“Services”) as outlined in the applicable proposal, quote, or service agreement provided to the (“Client”).

2. Pricing and Payment Terms

• All fees are specified in the applicable proposal or quote and are exclusive of taxes unless otherwise stated.

• Payment terms are net 15 days from the date of invoice unless otherwise agreed in writing.

• Late payments may incur a 1.5% monthly interest charge or the maximum allowed by law, whichever is less.

• For flat-rate projects, a deposit of 50% is required to initiate work, with the balance due upon completion or as otherwise specified.

3. Change Orders and Additional Work

• Any changes to the scope of Services must be agreed upon in writing.

• Additional work outside the original scope will be billed at the current hourly rate or as separately quoted.

4. Delivery and Acceptance

• Deliverables will be provided in accordance with the agreed project timeline.

• The Client is responsible for reviewing deliverables within five (5) business days of receipt and notifying Kincaid Business Solutions of any issues. If no notice is given within this period, deliverables are deemed accepted.

5. Intellectual Property

• Upon full payment, the Client will receive a non-exclusive, non-transferable license to use deliverables for their internal business purposes.

• Kincaid Business Solutions retains all rights to methodologies, templates, and proprietary materials used or developed during the engagement, unless otherwise agreed in writing.

6. Confidentiality

• Both parties agree to treat all non-public information received from the other party as confidential and to use such information only for purposes related to the Services.

7. Warranties and Disclaimers

• Kincaid Business Solutions warrants that Services will be provided with reasonable care and skill.

• Except as expressly stated, no other warranties, express or implied, are provided. The Provider is not liable for indirect, incidental, or consequential damages.

8. Limitation of Liability

• Kincaid Business Solutions’ total liability for any claim arising out of or relating to these terms or the Services is limited to the total fees paid by the Client for the specific project or service giving rise to the claim.

9. Termination

• Either party may terminate the agreement with 14 days’ written notice.

• Upon termination, the Client will pay for all Services rendered and expenses incurred up to the effective date of termination.

10. Governing Law

• These terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions.

11. Dispute Resolution

• The parties agree to attempt to resolve any dispute arising out of or relating to these terms through good-faith negotiations.

• If a resolution cannot be reached, the parties agree to submit the dispute to mediation in the State of Florida.

• If the dispute is not resolved through mediation, either party may pursue legal action in a court of competent jurisdiction in the State of Florida.

12. Miscellaneous

• These terms constitute the entire agreement regarding the purchase of Services, superseding all prior agreements or understandings.

• Amendments must be in writing and signed by both parties.

• If any provision of these terms is found to be unenforceable, the remaining provisions will remain in effect.

Contact Information:
J. Kincaid
info@kincaidlbs.com
(772) 222-7233