Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and NeQTek ("NeQTek," "we," "us," or "our") governing your use of our website and services.

By accessing our website, scheduling a diagnostic call, or engaging our services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use our services.

Important: Please read these Terms carefully before using our services. They contain important information about your legal rights, remedies, and obligations.

2. Services Provided

NeQTek provides the following professional services to small businesses:

2.1 Workflow Automation

• Design and implementation of AI-powered workflow automation systems
• Integration with existing business tools (CRM, project management, communication platforms)
• Lead capture, qualification, routing, and follow-up automation
• Delivery pipeline automation and client handoff systems
• Reporting and analytics automation
• Standard Operating Procedures (SOPs) and documentation

2.2 Website Building

• Design and development of conversion-focused websites
• SEO optimization and local search setup
• Booking and lead capture systems
• Content creation with AI assistance
• Analytics setup (Google Analytics 4, Search Console)
• Mobile-responsive design

2.3 Delivery Model

All services are delivered through fixed-scope sprints with defined deliverables, timelines, and pricing agreed upon before work begins.

3. Engagement Process

3.1 Diagnostic Call

Our engagement begins with a complimentary 20-minute diagnostic call to:

• Understand your business operations and challenges
• Identify automation opportunities and quick wins
• Determine project scope and feasibility
• Assess compatibility with your existing tools

3.2 Scope Definition

Following the diagnostic, if we proceed, we will:

• Define clear project scope and deliverables
• Establish timeline and milestones
• Provide fixed-price quote
• Outline requirements from your team

3.3 Agreement & Payment

Upon mutual agreement of scope and pricing, we will execute a project-specific Statement of Work (SOW) and invoice for payment according to agreed payment terms (typically 50% upfront, 50% upon completion).

4. Client Responsibilities

To ensure successful project delivery, you agree to:

• Access: Provide timely access to necessary tools, systems, accounts, and credentials
• Point of Contact: Designate one primary contact for decision-making and approvals
• Responsiveness: Respond to requests for information, feedback, and approvals within agreed timeframes
• Content: Provide necessary business information, branding assets, and content
• Cooperation: Participate in discovery sessions, reviews, and training as required
• Testing: Test deliverables and provide feedback during designated review periods
• Accuracy: Ensure all information provided is accurate and complete

Delays caused by failure to meet these responsibilities may result in project timeline extensions and may not qualify for refunds or guarantees.

5. Pricing, Payment, and Refunds

5.1 Pricing

• All pricing is provided in USD unless otherwise specified
• Prices are fixed for the agreed scope (no hourly billing or scope creep)
• Prices quoted are valid for 30 days from proposal date
• Additional work outside agreed scope requires separate authorization and payment

5.2 Payment Terms

• Standard payment structure: 50% deposit upfront, 50% upon project completion
• Payment is due within 7 days of invoice date
• Accepted payment methods: credit card, ACH transfer, wire transfer
• Work does not commence until deposit is received
• Final deliverables are released upon receipt of final payment

5.3 Late Payment

Late payments may incur interest at 1.5% per month (18% annually) or the maximum rate permitted by law, whichever is less. NeQTek reserves the right to suspend services for accounts more than 15 days past due.

5.4 Refund Policy

Due to the custom, fixed-scope nature of our services:

• Deposits are non-refundable once work commences
• If we fail to deliver agreed deliverables within the specified timeline (excluding delays caused by Client), a prorated refund may be issued for undelivered work
• Refund requests must be submitted in writing within 30 days of project completion
• Refunds are processed within 30 days of approval

6. Intellectual Property and Ownership

6.1 Client Ownership

Upon full payment, you own:

• All custom workflows, automations, and integrations built for your business
• All website code, design, and content created for your project
• All documentation, SOPs, and training materials
• Full administrative access to all systems and accounts
• Complete credentials and configuration details

6.2 NeQTek Rights

NeQTek retains:

• Ownership of proprietary methodologies, frameworks, and processes
• Right to use de-identified project data for service improvement
• Right to showcase work in portfolio (with your permission)
• Ownership of pre-existing tools, templates, and intellectual property

6.3 Third-Party Components

Projects may include third-party tools, platforms, plugins, or libraries subject to their respective licenses. You are responsible for compliance with third-party license terms.

6.4 No Lock-In

We do not use proprietary platforms or create vendor lock-in. All integrations use standard APIs and industry-standard tools. You maintain full control and can modify, update, or replace systems at any time.

7. Warranties and Disclaimers

7.1 Service Warranty

NeQTek warrants that:

• Services will be performed in a professional and workmanlike manner
• Deliverables will substantially conform to agreed specifications
• Work will be completed within agreed timelines (subject to Client cooperation)

7.2 Support Period

Following project completion and handoff, we provide 30 days of email support for questions about delivered systems. This does not include new feature development or modifications beyond the original scope.

7.3 Disclaimers

EXCEPT AS EXPRESSLY PROVIDED HEREIN:

• SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND
• WE DO NOT WARRANT THAT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE
• WE DO NOT GUARANTEE SPECIFIC BUSINESS RESULTS, ROI, OR REVENUE INCREASES
• WE ARE NOT RESPONSIBLE FOR THIRD-PARTY PLATFORM CHANGES, DOWNTIME, OR LIMITATIONS
• WE DO NOT WARRANT COMPATIBILITY WITH FUTURE SOFTWARE OR PLATFORM UPDATES

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• NeQTek's total liability for any claim arising from these Terms or services shall not exceed the total amount paid by Client for the specific project giving rise to the claim
• NeQTek shall not be liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, lost data, or business interruption
• These limitations apply even if NeQTek has been advised of the possibility of such damages
• Some jurisdictions do not allow exclusion of certain warranties or limitation of liability; in such cases, our liability is limited to the greatest extent permitted by law

9. Confidentiality

9.1 Confidential Information

Both parties agree to maintain confidentiality of:

• Business operations, strategies, and financial information
• Technical information, systems, and processes
• Customer data and proprietary information
• Any information marked as confidential or that reasonably should be considered confidential

9.2 Exceptions

Confidentiality obligations do not apply to information that:

• Is or becomes publicly available through no fault of the receiving party
• Is independently developed without use of confidential information
• Is rightfully received from a third party without confidentiality restrictions
• Must be disclosed by law or court order (with notice to the disclosing party)

9.3 Data Protection

NeQTek will handle all Client data in accordance with our Privacy Policy and applicable data protection laws. Upon project completion, we will delete or return Client data as requested, retaining only what is necessary for legal or operational purposes.

10. Termination

10.1 Termination by Client

You may terminate services at any time by providing written notice. Upon termination:

• You remain responsible for payment of all work completed to date
• Deposits are non-refundable
• NeQTek will provide deliverables for completed milestones
• Incomplete work will not be delivered

10.2 Termination by NeQTek

NeQTek may terminate services if:

• Client fails to pay invoices within 30 days of due date
• Client breaches these Terms and fails to cure within 15 days of written notice
• Client fails to provide necessary access, information, or cooperation
• Continuation of services would violate applicable law or ethical standards

10.3 Effect of Termination

Upon termination, provisions regarding payment, intellectual property, confidentiality, limitation of liability, and dispute resolution survive termination.

11. Indemnification

You agree to indemnify, defend, and hold harmless NeQTek from any claims, damages, losses, or expenses (including attorney fees) arising from:

• Your breach of these Terms
• Your violation of any law or third-party rights
• Content, data, or materials you provide
• Your use or misuse of delivered systems or services
• Claims by your employees, contractors, or end users

12. Dispute Resolution

12.1 Informal Resolution

Before initiating formal dispute resolution, parties agree to attempt good faith negotiation for at least 30 days.

12.2 Mediation

If informal resolution fails, disputes shall first be submitted to mediation before a mutually agreed mediator.

12.3 Arbitration

If mediation is unsuccessful, disputes shall be resolved through binding arbitration in accordance with the American Arbitration Association's Commercial Arbitration Rules. Arbitration shall be conducted in English in a mutually agreed location.

12.4 Exceptions

Either party may seek injunctive relief in court for intellectual property infringement, confidentiality breaches, or other urgent matters.

13. General Provisions

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your State/Country], without regard to conflict of law principles.

13.2 Entire Agreement

These Terms, together with any SOW and Privacy Policy, constitute the entire agreement between parties and supersede all prior agreements or understandings.

13.3 Amendments

NeQTek may update these Terms periodically. Material changes will be communicated via email or website notice. Continued use after changes constitutes acceptance. Project-specific SOWs can only be modified by written agreement signed by both parties.

13.4 Severability

If any provision is found invalid or unenforceable, remaining provisions shall continue in full force and effect.

13.5 Waiver

Failure to enforce any provision does not constitute waiver of that provision or any other provision.

13.6 Assignment

You may not assign or transfer these Terms without NeQTek's written consent. NeQTek may assign these Terms to an affiliate or successor.

13.7 Force Majeure

Neither party shall be liable for delays or failures due to circumstances beyond reasonable control, including natural disasters, pandemics, government actions, or third-party service failures.

13.8 Independent Contractors

The parties are independent contractors. These Terms do not create a partnership, joint venture, employment, or agency relationship.

13.9 Notices

All notices must be in writing and sent to the email addresses provided during engagement. Notices are deemed received when sent via email with confirmation of delivery.

14. Acceptable Use Policy

You agree not to use our services to:

• Violate any applicable law or regulation
• Infringe on intellectual property rights of others
• Distribute spam, malware, or malicious code
• Engage in fraudulent or deceptive practices
• Harass, abuse, or harm others
• Collect or store personal data without proper consent
• Interfere with or disrupt third-party services