Phillips Consulting Inc. Terms

Phillips Consulting Inc. (“Consultant”) Terms and Conditions

Phillips Consulting Inc.

1010 W. Hamlin Rd. 

Rochester Hills, MI 48309

Independent Consultant and Contractor Status

It is the express intention of the parties that Consultant is an independent Consultant and independent Contractor and not an employee, agent, investor, or partner of Client. 

Nothing in Terms and Conditions shall be interpreted or construed as creating or establishing the relationship of employer and employee between Client and Consultant or any employee or agent of Consultant. 

Both parties acknowledge that Consultant is not an employee for state or federal tax purposes. Consultant shall retain the right to perform services for others during the term of this Terms and Conditions.

Acceptance

All prices are quoted, all orders are accepted, and all sales are expressly made conditional on Client's acceptance of these terms and conditions, not withstanding any purchase orders, offers to purchase by Client, work orders, receipts or any other correspondence containing different or additional provisions.

These terms and conditions are an integral part of, and are incorporated into any purchase order, work order or offer to purchase and set forth in the terms and conditions of a binding agreement between the parties identified on such purchase order, work order or offer to purchase. Client's signature on the purchase order and/or estimate and/or Client's acceptance of the goods and/or services shall, in any event, constitute acceptance of these terms and conditions.

Payment

Client is responsible for payments to Consultant as outlined in Terms and Conditions. Invoices will be issued from Consultant and are due upon receipt. Any invoices unpaid for more than 60 days after the date of issuance will be considered delinquent, constituting the account delinquent. A $30.00 late fee is assessed monthly on any unpaid invoice balance 60 days past due. In the event that Client’s account becomes delinquent, Consultant shall have the unrestricted right to resign from performing additional services for the Client or Client’s employees on any and all jobs.

Third Party Products

The decision to purchase hardware, software, or services from parties other than the Consultant (“third party products”) is the Client's, even if Consultant helps you identify, evaluate or select them. Consultant provides no warranty, express or implied, with respect to third party products, including, without limitation, the implied warranties of non-infringement, merchantability and fitness for a particular purpose. The sole warranty for third party products purchased through Consultant is the warranty, if any, offered by the third party manufacturer. Client acknowledges that any claims Client may have in connection with third party products, and any remedies for such claims, shall be brought solely against, or sought solely from, the

manufacturers of such third party products.

Limited Warranty

Client assumes full responsibility for the selection of the product to achieve Client's intended purposes, for the proper installation and use of the product and for verifying the results obtained from its use. Consultant does not warrant, guarantee or make any representation regarding the use, or the results of Phillips Consulting, Inc. Terms and Conditions the use of the product, or regarding the functionality, reliability, merchantability or performance of the

product, or that the operation of the product will be without interruption or error-free.

Force Majeure

Consultant shall have no liability for delays, failure in performance or damages due to: fire, explosion, lightning, pest damage, labor disputes, water, acts of god, war, terrorism or inability to secure raw materials, or other causes beyond Consultant’s control, whether or not similar to the foregoing. Consultant shall have no liability for unauthorized use of the hardware, software or Internet inaccessibility or failure.

Indemnity

Client shall indemnify and hold Consultant harmless from and against any and all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities, including legal fees (on a solicitor and own client basis) arising out of, connected with, or resulting from the goods or services or the Terms and Conditions.

CONSULTANT WILL NOT BE HELD RESPONSIBLE FOR DATA LOSS THAT MAY OCCUR. ALL DATA

BACKUPS ARE THE SOLE RESPONSIBILITY OF THE CLIENT. Client also accepts responsibility for

regularly checking backup logs and verification of backup data. Such indemnity shall survive the

termination or expiration of the Terms and Conditions.

Support Hours

Consultant will provide support between the hours of 8:00 am to 5:00 pm (EST) Monday through Friday.

Extended support is available on weekday evenings and all weekends and most federal holidays at two times the regular rate.

Privacy

Without explicit permission, Consultant agrees not to make use of, benefit from, or furnish to any person, any trade secrets or confidential information of said client acquired during or after the performance of service. Consultant maintains compliance with HIPAA and payment card industry’s data security standards. If we make material changes to any of our privacy policies or practices regarding personal information we will update our statement and post a notice on our site 30 days before the changes take effect.

Phillips Consulting, Inc. Terms and Conditions