Website Terms of Service
Onyx Business Consulting LLC
These Website Terms of Service (“Terms”) govern your access to and use of the website operated by Onyx Business Consulting LLC (“Onyx,” “we,” “us,” or “our”), including any contact forms, booking tools, intake forms, quote requests, downloadable materials, and other online features or content made available through the website (collectively, the “Site”).
By accessing or using the Site, submitting information through the Site, requesting services, or clicking to accept these Terms, you agree to be bound by these Terms and our Privacy Policy, if posted separately. If you do not agree, do not use the Site.
1. Informational and Administrative Use Only
The Site is provided for general informational and administrative purposes. The Site may allow you to learn about our services, request a consultation, submit contact information, or access account or client materials.
Onyx may modify, suspend, or discontinue any part of the Site at any time without notice.
2. Business-to-Business Services
Onyx provides business consulting services on a business-to-business basis only. The Site and any services described on it are intended for use by businesses and authorized representatives acting on behalf of businesses, not for personal, family, or household purposes.
By using the Site, you represent and warrant that you are authorized to act for the business on whose behalf you are using the Site or engaging our services.
3. No Legal, Tax, Accounting, or Professional Advice
The Site and all content on it are for informational purposes only and do not constitute legal, tax, accounting, investment, or other regulated professional advice.
Unless expressly agreed in writing, Onyx does not provide legal, tax, accounting, investment, or other licensed professional services. You are solely responsible for obtaining advice from qualified professionals as needed.
4. Consulting Services Are Advisory Only
Any consulting services, recommendations, reports, templates, strategies, action plans, forecasts, or other materials we provide are advisory only.
You acknowledge that you retain full control over your business decisions and may accept, reject, modify, delay, or disregard any recommendation provided by Onyx.
Onyx does not control your employees, contractors, vendors, systems, finances, operations, or business outcomes.
5. No Guarantee of Results
We do not guarantee that any consulting engagement, recommendation, deliverable, or Site content will produce any particular result.
Without limitation, Onyx does not guarantee:
- increased revenue;
- reduced expenses;
- improved profit margins;
- improved operational performance;
- customer growth or retention;
- financing or investment;
- regulatory compliance;
- risk reduction; or
- any other business outcome.
Any results depend on many factors outside our control, including market conditions, third-party conduct, Client decisions, implementation quality, and available resources.
6. Website Acceptance and Electronic Assent
Where the Site includes a checkbox, button, signature block, booking confirmation, or other mechanism requiring acceptance, your clicking, checking, signing, submitting, or otherwise manifesting assent constitutes your agreement to these Terms.
A statement such as the following may appear on the Site:
By checking this box and submitting this form, I acknowledge that I have read, understand, and agree to the Onyx Business Consulting LLC Website Terms of Service and Privacy Policy.
You agree that electronic acceptance has the same force and effect as a handwritten signature to the fullest extent permitted by law.
7. Fees; Invoicing; Payment
Onyx does not accept payment through the website. Any fees for services will be invoiced separately or set forth in an applicable proposal, statement of work, or written agreement.
If you engage Onyx for services, you agree to pay all amounts stated in the applicable invoice or agreement in accordance with its terms.
7.1 Installment Payments
If a payment plan is offered or accepted:
- the full contract price remains due unless otherwise stated in writing;
- installment dates and amounts will be those specified in the applicable invoice or agreement;
- failure to use, pause, or discontinue services does not relieve you of payment obligations; and
- all unpaid balances remain collectible to the extent permitted by law.
7.2 Late Payments
Late amounts may accrue interest at the lesser of 1.5% per month or the maximum rate allowed by law, plus reasonable collection costs and attorneys’ fees to the extent permitted by law.
7.3 Suspension
We may suspend access to services, portals, deliverables, meetings, or support if any invoice is overdue.
7.4 No Refunds Unless Stated
All fees are non-refundable unless we expressly state otherwise in writing or applicable law requires a refund.
8. Client Responsibility for Business Decisions
You are solely responsible for evaluating whether to follow, reject, or modify any recommendation or strategy we provide.
You agree that:
- Onyx is not responsible for your business decisions;
- Onyx is not responsible for losses caused by your choice not to implement advice;
- Onyx is not responsible for losses caused by partial, delayed, or incorrect implementation; and
- Onyx is not responsible for losses caused by third parties you hire or rely on.
9. Accuracy of Information
You agree to provide accurate, complete, and current information when using the Site or engaging with us. If you submit inaccurate or incomplete information, our recommendations may be affected and we will not be liable for resulting issues.
We may rely on information you provide without independently verifying it.
10. Accounts and Security
If the Site permits account creation, you are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
You agree to:
- notify us promptly of any unauthorized use of your account; and
- ensure that your account information remains accurate and current.
We may suspend or terminate access to any account at any time for violation of these Terms or for security reasons.
11. Intellectual Property
The Site and all content on it, including text, graphics, logos, designs, templates, workflows, frameworks, compilations, software, and other materials, are owned by Onyx or its licensors and are protected by intellectual property laws.
Except as expressly allowed in writing, you may not:
- copy;
- reproduce;
- distribute;
- modify;
- sell;
- sublicense; or
- publicly display
any Site content or Onyx materials.
12. Limited License
Subject to your compliance with these Terms, Onyx grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for its intended purpose.
This license does not permit commercial exploitation of Site content unless we expressly authorize it in writing.
13. Confidentiality
If you submit non-public information to us through the Site, we will use reasonable efforts to protect it consistent with our Privacy Policy and any applicable confidentiality agreement, if one is in place.
You agree not to submit information through the Site that you do not have the right to disclose.
14. Third-Party Links and Services
The Site may contain links to third-party websites, software, platforms, or services. We do not control and are not responsible for third-party content, policies, security, availability, or conduct.
Your dealings with third parties are solely between you and the third party.
15. Prohibited Uses
You may not use the Site to:
- violate any applicable law;
- infringe intellectual property or privacy rights;
- upload malicious code;
- attempt unauthorized access;
- scrape, harvest, or collect data without permission;
- impersonate any person or entity;
- submit false or misleading information; or
- interfere with Site functionality or security.
We may terminate or restrict access for any prohibited use.
16. Disclaimer of Warranties
To the fullest extent permitted by law, the Site and all content are provided on an “as is” and “as available” basis without warranties of any kind, express or implied.
We disclaim all warranties, including:
- merchantability;
- fitness for a particular purpose;
- non-infringement;
- accuracy;
- completeness; and
- uninterrupted or error-free operation.
We do not warrant that the Site will be secure, available at all times, or free from viruses or other harmful components.
17. Limitation of Liability
To the fullest extent permitted by law:
- Onyx will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages;
- Onyx will not be liable for lost profits, lost revenue, lost data, business interruption, goodwill, or opportunity costs; and
- Onyx’s total liability arising out of or relating to the Site or these Terms will not exceed the amount, if any, you paid to Onyx for the specific service giving rise to the claim during the three (3) months before the event giving rise to liability.
This limitation applies regardless of the theory of liability, including contract, tort, negligence, strict liability, or otherwise.
18. Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Onyx and its owners, officers, employees, contractors, and agents from and against claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:
- your use of the Site;
- your breach of these Terms;
- your misuse of the Site or any content;
- your violation of law; or
- your infringement or misappropriation of any third-party right.
19. Termination
We may suspend or terminate access to the Site, any account, or any feature at any time, with or without notice, for any reason or no reason, to the fullest extent permitted by law.
Sections that by their nature should survive termination shall survive, including payment, intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, and governing law.
20. Governing Law; Venue
These Terms are governed by the laws of the Commonwealth of Kentucky, without regard to conflict-of-law principles.
Any dispute arising out of or relating to these Terms or the Site shall be brought exclusively in the state or federal courts located in Clark County, Kentucky, and you consent to personal jurisdiction and venue there, unless we agree in writing to arbitration.
21. Dispute Resolution
The parties may agree in writing to resolve disputes through binding arbitration. Any such arbitration agreement will specify the arbitration provider, the location, the method of arbitrator selection, and the allocation of fees.
22. Severability
If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect.
23. Waiver
No waiver of any term or breach will be deemed a waiver of any later breach.
24. Changes to These Terms
We may update these Terms from time to time. The “Effective Date” above will reflect the most recent version. Your continued use of the Site after any update constitutes acceptance of the revised Terms, to the extent permitted by law.
25. Contact Information
Questions about these Terms may be sent to:
Onyx Business Consulting LLC
3 N Main St
Winchester, KY 40391
Phone: 802-392-6699
Email: Info@onyxbc.com
This page reproduces the Onyx Business Consulting LLC Website Terms of Service. It is provided for general informational purposes and is not legal advice. We recommend review by qualified legal counsel before relying on it.