These Terms govern your access to and use of all content, programs, and services made available through the website operated by A PHX Consulting, LLC (the "Service") (referred to as "we", "us", or "our").
Your access to our services is subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules and policies published and that may be published from time to time by us.
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by these Terms. If you do not agree to any part of the terms of the Agreement, then you may not access or use our Services.
Consulting and Advisory Services
Our services may include, without limitation, strategy advisory, operational improvement support, organizational and change advisory, program and initiative governance, workshops, assessments, and related professional services. The specific scope of services, deliverables, timelines, fees, and responsibilities will be described in a separate statement of work, order form, or professional services agreement executed by the parties. That executed agreement will supersede any general descriptions on this website.
Payment Terms
Fees for our services are due as specified in the client agreement or statement of work. Services may be billed on a time-and-materials basis, fixed-fee basis, milestone basis, or retainer, as agreed. We reserve the right to suspend or terminate services for non-payment in accordance with the governing agreement. Unless otherwise stated in writing, fees are earned as services are rendered and are non-refundable except where required by applicable law.
Intellectual Property
These Terms do not transfer from us to you any of our or third-party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with A PHX Consulting, LLC and its licensors, except as expressly stated in your written agreement. You retain ownership of all pre-existing materials you provide to us. New materials, methodologies, tools, and templates pre-authored by us and not customized for you may remain our background intellectual property unless your agreement provides otherwise. Work product prepared specifically for you and paid for in full will be addressed as set forth in your governing agreement.
Third-Party Services
In the course of an engagement, you may use or introduce third-party platforms, software, or data sources. Your use of those services is governed by their respective terms. We are not responsible or liable for the actions, policies, availability, or performance of any third-party services.
Links To Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by A PHX Consulting, LLC. We assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. We encourage you to read the terms and privacy policies of any third-party sites you visit.
Termination
Either party may terminate a services agreement as set forth in the applicable statement of work or master agreement, including any notice period specified therein. We may suspend or terminate access to the website or related communications for a material breach of these Terms where appropriate. All provisions of the Agreement which by their nature should survive termination shall survive, including, without limitation, ownership provisions, confidentiality, warranty disclaimers, indemnity, and limitations of liability.
Disclaimer of Warranties
Our website and any general information provided through it are provided "AS IS" and "AS AVAILABLE". A PHX Consulting, LLC and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement, except to the extent such disclaimers are not permitted by law. We do not warrant that the website will be error-free or uninterrupted.
Jurisdiction and Applicable Law
Except to the extent any applicable law provides otherwise, these Terms and any dispute arising out of or relating to the website or non-contractual services marketed through it shall be governed by the laws of the State of Colorado, without regard to conflict-of-law principles. Subject to any mandatory arbitration or venue clause in a separate signed agreement with you, the exclusive venue for any dispute shall be the state and federal courts located in or serving El Paso County, Colorado.
Changes
A PHX Consulting, LLC reserves the right, at our sole discretion, to modify or replace these Terms at any time. If we make material changes, we will provide reasonable notice as required by law. Your continued use of the website after such changes constitutes acceptance of the updated terms, to the extent permitted by law.