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Terms and Conditions

Visionary Business Advisors LLC — Effective Date: January 1, 2024

Agreement to Terms

These Terms and Conditions ("Terms") govern your use of the website operated by Visionary Business Advisors LLC ("Company," "we," "us," or "our") and your engagement of our consulting services. By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or services.

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website. Your continued use of our website or services following the posting of changes constitutes your acceptance of those changes. We encourage you to review these Terms periodically.

Service Agreements

All consulting services provided by Visionary Business Advisors LLC are governed by a written service agreement executed between the Company and the client prior to the commencement of services. The service agreement defines the scope of services, deliverables, timeline, fees, payment terms, and other terms specific to the engagement.

In the event of any conflict between these Terms and Conditions and a specific service agreement, the terms of the service agreement shall govern with respect to the specific engagement.

No consulting services will be provided without a fully executed service agreement. Verbal agreements, email exchanges, or other informal communications do not constitute binding service agreements.

Payment Terms

Payment terms for consulting services are specified in the applicable service agreement. General payment terms are as follows:

  • Invoices are due and payable within thirty (30) days of the invoice date unless otherwise specified in the service agreement.
  • Retainer fees, if applicable, are due and payable prior to the commencement of services.
  • Project-based fees may be structured with an initial payment due upon execution of the service agreement and subsequent payments tied to project milestones.
  • Late payments are subject to a late payment fee of 1.5% per month on the outstanding balance.
  • The Company reserves the right to suspend services for accounts with outstanding balances more than thirty (30) days past due.

Accepted payment methods include check, bank transfer (ACH), and credit card. Credit card payments may be subject to a processing fee as specified in the service agreement.

Intellectual Property

All content on our website, including text, graphics, logos, images, and software, is the property of Visionary Business Advisors LLC and is protected by applicable copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works of any website content without our express written permission.

With respect to consulting deliverables — including reports, plans, analyses, templates, and other work product developed in connection with a consulting engagement — ownership and licensing terms are specified in the applicable service agreement. In the absence of specific provisions in the service agreement, the following default terms apply:

  • The client receives a non-exclusive license to use consulting deliverables for internal business purposes upon full payment of all fees.
  • The Company retains ownership of all methodologies, frameworks, tools, and general intellectual property used in developing consulting deliverables.
  • The client may not distribute, sell, or license consulting deliverables to third parties without the Company's written consent.

Confidentiality

Visionary Business Advisors LLC treats all client information as strictly confidential. We do not disclose client information to third parties without the client's express written consent, except as required by law or as necessary to provide the contracted services.

Clients are expected to treat information provided by the Company — including methodologies, frameworks, proprietary tools, and other non-public information — as confidential and not to disclose such information to third parties without the Company's written consent.

Specific confidentiality obligations for consulting engagements are typically addressed in the service agreement or a separate non-disclosure agreement executed between the parties.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VISIONARY BUSINESS ADVISORS LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, OR LOSS OF BUSINESS OPPORTUNITY, ARISING OUT OF OR IN CONNECTION WITH OUR SERVICES OR THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Our total liability to you for any claims arising out of or related to our services shall not exceed the total fees paid by you to us in the twelve (12) months preceding the claim.

The Company provides consulting advice and recommendations based on information provided by the client and the Company's professional judgment. The client is solely responsible for all business decisions made in connection with or following a consulting engagement. The Company does not guarantee specific business outcomes or results.

Dispute Resolution

In the event of any dispute arising out of or related to these Terms or our services, the parties agree to first attempt to resolve the dispute through good-faith negotiation. Either party may initiate the dispute resolution process by providing written notice to the other party describing the nature of the dispute and the relief sought.

If the parties are unable to resolve the dispute through negotiation within thirty (30) days of the initial notice, either party may submit the dispute to mediation administered by a mutually agreed mediator in Berkshire County, Massachusetts. The costs of mediation shall be shared equally by the parties.

If mediation is unsuccessful, either party may pursue legal remedies in the courts of the Commonwealth of Massachusetts. The parties consent to the exclusive jurisdiction of the courts of Berkshire County, Massachusetts for the resolution of any disputes.

Applicable Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts of Berkshire County, Massachusetts.

Contact Information

Questions about these Terms and Conditions should be directed to:

Visionary Business Advisors LLC
139 Bartlett Ave
Pittsfield, MA 01201
Phone: (413) 281-1437
Email: michelleallen@visionbusad.com

Questions?

Contact us with any questions about our terms.

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