Terms of Service for Dacks Consulting
Effective Date: June 3, 2026
1. Acceptance of Terms
These Terms of Service (“Terms”) govern the use of services provided by Dacks Consulting (“Company,” “we,” “our,” or “us”). By accessing our website, requesting services, signing a proposal, making payment, or otherwise engaging with our services, you agree to be bound by these Terms. If you do not agree with these Terms, you should not use our services.
2. Services
Dacks Consulting provides professional consulting and creative services, including but not limited to:
- Business consulting
- Branding and identity development
- Website design and development
- Digital marketing
- Graphic design
- Content creation
- Photography and video production
- Technology consulting
- Social media management
- Strategic planning and related services
Specific project scope, deliverables, timelines, and fees will be outlined in a separate proposal, quotation, Statement of Work (“SOW”), or service agreement. In the event of a conflict, the signed agreement shall prevail.
3. Client Responsibilities
The Client agrees to:
- Provide accurate information, materials, and approvals required for project completion.
- Respond to requests for feedback within a reasonable timeframe.
- Ensure ownership or proper licensing of all materials supplied to Dacks Consulting.
- Maintain backups of all content, files, and digital assets.
- Make payments according to agreed schedules.
Delays caused by the Client may result in project timeline adjustments and additional fees.
4. Fees and Payment
All fees are stated in U.S. Dollars unless otherwise specified.
- Project deposits are non-refundable once work has commenced.
- Invoices are due according to the payment schedule outlined in the proposal or agreement.
- Late payments may incur a fee of 1.5% per month or the maximum amount permitted by law.
- Dacks Consulting reserves the right to suspend work on accounts with overdue balances.
Completed deliverables remain the property of Dacks Consulting until all outstanding balances are paid in full.
5. Revisions and Scope Changes
Project proposals include a specified number of revisions.
Requests beyond the agreed scope, additional revisions, or substantial changes may require a change order and additional fees. Dacks Consulting will provide notice before performing out-of-scope work.
6. Intellectual Property
Upon full payment:
- The Client receives ownership rights to the final approved deliverables specifically created for the project.
- Dacks Consulting retains ownership of its pre-existing intellectual property, methodologies, templates, processes, tools, frameworks, software, and know-how.
- Dacks Consulting may display completed work in its portfolio, marketing materials, and promotional content unless otherwise agreed in writing.
7. Third-Party Services
Projects may involve third-party platforms, software, hosting providers, payment processors, social media platforms, or other vendors.
Dacks Consulting is not responsible for:
- Third-party outages
- Platform policy changes
- Software defects
- Service interruptions
- Costs charged by third-party providers
Clients are responsible for maintaining their own subscriptions, licenses, and accounts unless otherwise specified.
8. Website and Digital Services Disclaimer
While Dacks Consulting follows industry best practices, we do not guarantee:
- Specific search engine rankings
- Traffic increases
- Sales increases
- Lead generation results
- Social media growth
- Business outcomes
Results depend on numerous factors outside our control, including market conditions, competition, platform changes, and client implementation efforts.
9. Confidentiality
Both parties agree to maintain the confidentiality of proprietary, financial, technical, and business information shared during the engagement.
Confidential information shall not be disclosed to third parties except as required by law or with written consent.
This obligation survives termination of the business relationship.
10. Limitation of Liability
To the fullest extent permitted by law, Dacks Consulting shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including loss of profits, business interruption, loss of data, or loss of goodwill.
The total liability of Dacks Consulting for any claim arising from services provided shall not exceed the total amount paid by the Client for the specific services giving rise to the claim.
11. Indemnification
The Client agrees to defend, indemnify, and hold harmless Dacks Consulting, its owners, employees, contractors, and affiliates from any claims, damages, liabilities, costs, or expenses arising from:
- Client-provided materials
- Intellectual property infringement by Client content
- Misuse of deliverables
- Violation of applicable laws
- Breach of these Terms
12. Termination
Either party may terminate a project with written notice.
Upon termination:
- The Client is responsible for payment of all work completed up to the termination date.
- Deposits and fees for completed work are non-refundable.
- Any unpaid invoices become immediately due.
Dacks Consulting reserves the right to terminate services for non-payment, abusive conduct, unlawful activity, or breach of these Terms.
13. Website Use
Users may not:
- Attempt unauthorized access to systems or accounts.
- Distribute malicious software.
- Copy, reproduce, or distribute website content without permission.
- Use the website for unlawful purposes.
Violation of these provisions may result in suspension of access and legal action.
14. Privacy
Your use of our services is also subject to our Privacy Policy. Information collected through our website and services will be handled according to applicable privacy laws and our Privacy Policy.
15. Force Majeure
Dacks Consulting shall not be liable for delays or failures caused by circumstances beyond reasonable control, including natural disasters, internet outages, government actions, labor disputes, pandemics, cyberattacks, or failures of third-party providers.
16. Governing Law
These Terms shall be governed by and construed under the laws of the State of New Jersey, without regard to conflict of law principles.
Any disputes arising under these Terms shall be resolved exclusively in the courts located in New Jersey.
17. Changes to Terms
Dacks Consulting reserves the right to modify these Terms at any time. Updated Terms will be posted on our website with a revised effective date. Continued use of our services constitutes acceptance of the revised Terms.
18. Contact Information
Dacks Consulting
Email: marketing2@dackconsulting.com
Phone: (914) 686-7102
Website: www.dackconsulting.com
For questions regarding these Terms of Service, please contact us using the information above.