HM Consulting Terms of Service

Effective Date: 01/01/2025

These Terms of Service ("Terms") govern the use of services provided by Herbert Miller dba HM Consulting, a sole proprietorship organized under the laws of the state of Idaho, USA ("we," "us," or "Company"). By engaging with our services, you ("Client" or "Customer") agree to these Terms.

I. Definition of Terms

• "Client" refers to any individual or organization that voluntarily receives services from HM Consulting.

• "Services" include bookkeeping, website development, creative marketing, procedures manuals, project management, and technology assistance, as outlined on our website.

• "Third-party providers" refer to external services or software vendors that may be used in conjunction with our consulting services.

II. Acceptance of Terms & Modifications

By receiving services from us, the Client automatically accepts all terms and conditions outlined in this document, regardless of any separate agreements or client-specific requirements. We may modify these Terms at any time without notice, but it is our policy to notify clients of significant changes. The Client agrees to review these Terms periodically on our website. If a Client rejects any terms, we reserve the right to refuse service.

III. Scope of Services

HM Consulting provides consulting services in:

• Bookkeeping: Categorization, reconciliation, and optimization using QuickBooks or Wave software.

• Website Development: Updates, builds, and management for platforms such as Wix, GoDaddy, Squarespace, and Google Sites.

• Creative Marketing: Customized marketing solutions to boost business growth.

• Procedures Manuals: Development of Standard Operating Procedures (SOPs) and workflow documentation.

• Project Management: Facilitating effective communication and coordination of business operations.

• Technology Assistance: Support for computers, tablets, and phones.

Service Limitations

• HM Consulting does not provide legal, tax, or accounting advice. Clients should consult licensed professionals for these matters.

• Our services do not include hardware repair or direct licensing of third-party software.

IV. Confidentiality & Data Security

We may receive access to Client data, including financial records, website credentials, business information, or marketing strategies. We agree to:

• Maintain confidentiality of all Client data.

• Use Client data solely for the purpose of delivering consulting services.

• Not share Client data with third parties unless authorized by the Client or required by law.

Clients are responsible for backing up their own data and ensuring they retain copies of all necessary information. HM Consulting is not responsible for data loss resulting from system failures, cyber threats, or third-party software issues.

V. Responsibilities of HM Consulting & the Client

Our Responsibilities

• Provide consulting services within a reasonable time frame.

• Offer guidance and recommendations based on expertise.

• Maintain Client confidentiality and secure any stored data.

• Inform Clients of any third-party services or software recommended for their needs.

Client Responsibilities

• Provide accurate and complete information necessary for consulting services.

• Understand that our services are advisory, and implementation is the Client’s responsibility unless otherwise agreed.

• Maintain their own software subscriptions, accounts, and financial records.

• Back up data regularly and ensure compliance with third-party software terms.

VI. Availability of Services

HM Consulting's services are subject to availability and may be impacted by workload, holidays, or unforeseen circumstances. We do not guarantee specific turnaround times but will communicate expectations upfront.

VII. Payment Terms

• Hourly Clients: Invoices are issued at the end of each service or month and are due upon receipt.

• Subscription Clients: Billed according to the terms of their subscription agreement.

• Late Payments: Payments not received within 30 days are subject to a 1.5% monthly finance charge (18% annual). No additional services will be provided until outstanding invoices are paid.

• NSF Checks: Subject to a $35.00 fee.

• Reimbursement of Expenses: Any pre-approved expenses incurred on behalf of the Client (e.g., software, supplies, travel) must be reimbursed.

VIII. Cancellation & Termination Policy

Clients may cancel services at any time via written notice to [Your Email] or via mail to our business address listed on our website.

• Subscription services will terminate at the end of the current billing cycle.

• No refunds are provided for completed services.

• If a Client disputes a service charge, they must notify us within seven (7) days of service completion.

We reserve the right to suspend or terminate services for any reason, including non-payment, abuse, or violations of these Terms.

IX. Refund Policy

Refunds will only be considered in cases where:

• A service deficiency is reported within seven (7) days of completion.

• The Client provides reasonable time for HM Consulting to resolve the issue.

• No service was performed (e.g., Client cancels before work begins).

Refunds will not be provided for:

• Failure of third-party software, data loss, or system failures.

• Client refusing necessary actions required to resolve an issue.

• Client lacking required access, licenses, or software to complete a task.

X. Third-Party Services & Software

HM Consulting may recommend third-party software, tools, or services. However:

• We do not guarantee their performance or compatibility.

• The Client is responsible for any licensing fees or agreements with third-party providers.

• HM Consulting is not liable for damages, security breaches, or failures caused by third-party services.

XI. Limitation of Liability

IN NO EVENT SHALL HM CONSULTING BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, including business losses, missed deadlines, or software failures. HM Consulting’s total liability shall not exceed the amount paid by the Client for the service in the two (2) months prior to the issue.

XII. Indemnification

The Client agrees to indemnify and hold HM Consulting harmless from any claims, damages, losses, or legal fees arising from:

• The Client’s use of our services or reliance on our consulting advice.

• Any third-party disputes or claims related to software, advertisements, or bookkeeping processes we assist with.

XIII. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Idaho & State of Oregon, USA. Any disputes shall be resolved in the appropriate courts within this jurisdiction.

XIV. Severability

If any part of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

XV. Waiver

Failure to enforce any provision of these Terms shall not constitute a waiver of our rights to enforce them at a later date.