TERMS OF SERVICE

This website and services are operated by Ferdig Consulting, Ltd. dba The Power of Partnering ("The Power of Partnering," "we," "us," or "our"). Throughout this agreement, the terms "we," "us," and "our" refer to The Power of Partnering.

By visiting our website, purchasing services from us, or engaging our consulting services, you ("Client," "you," or "your") agree to be bound by the following terms and conditions ("Terms of Service" or "Terms"), including those additional terms and conditions and policies referenced herein.

SECTION 1 - SERVICE DESCRIPTIONS AND ACCEPTANCE

By purchasing our services, you acknowledge that you understand and agree to the specific consulting service being provided as described in your service agreement, proposal, or invoice. Our consulting services generally include:

Partnership and Business Strategy Consulting

Service Types: We provide various partnership and business strategy consulting services including but not limited to strategic assessments, marketplace guidance, leadership consulting, partner engagement support, strategic planning, and professional mentoring.

Service Delivery: Consulting services are delivered through a combination of strategic analysis, written deliverables, advisory sessions, ongoing support, and implementation guidance as specified in your individual service agreement.

Independent Contractor Relationship: The Power of Partnering provides services as an independent contractor. Nothing in these Terms creates an employment relationship, partnership, joint venture, or agency relationship between the parties.

Customized Approach: Each engagement is tailored to your specific business needs, objectives, and timeline as outlined in your service agreement, proposal, or statement of work.

Deliverables: Specific deliverables will be defined in your service agreement and may include written reports, strategic plans, advisory sessions, ongoing support, implementation guidance, or other consulting outputs as agreed upon.

Timeline: Service timelines vary based on the scope of work and will be specified in your individual service agreement or proposal.

SECTION 2 - PAYMENT TERMS

Payment Due: Payment is due according to the terms specified on your invoice. Unless otherwise specified, payment is due within 30 days of invoice date (Net 30).

Accepted Payment Methods: We accept credit card payments (Visa, Mastercard, American Express, Discover) and ACH bank transfers through our payment processor.

Late Payments: Invoices not paid within the specified terms will be subject to a late fee equal to the lesser of (a) 1.5% per month on the outstanding balance, or (b) the maximum rate permitted by applicable law. Late fees begin accruing 10 days after the payment due date.

Currency: All fees are quoted and payable in U.S. dollars (USD).

Disputed Invoices: If you dispute any portion of an invoice, you must pay the undisputed portion by the due date and notify us in writing of the specific disputed items within 10 days of the invoice date.

SECTION 3 - REFUND AND CANCELLATION POLICY

Refunds

  • Strategic and Assessment Services: Due to the customized nature of our strategic consulting work, refunds are not available once work has commenced and any deliverables have been provided. Refund requests must be submitted within 48 hours of project commencement and before any work product is delivered.

  • Ongoing Consulting Services: You may cancel ongoing consulting services with 30 days written notice. No refunds will be provided for services already rendered or for the current billing period.

  • Project-Based Services: Refunds may be considered on a prorated basis for work not yet completed, minus any work product already delivered, provided you demonstrate material breach of our service commitments and we cannot cure such breach within 15 days of written notice.

Cancellations and Termination

  • Client Termination for Convenience: You may terminate services at any time with 30 days written notice to info@thepowerofpartnering.solutions. You remain liable for all services rendered through the termination date.

  • Client Termination for Cause: You may terminate immediately for material breach if we fail to cure such breach within 15 days of written notice.

  • Our Termination Rights: We may terminate services immediately for non-payment, material breach of these Terms, or if continuation of services would violate applicable law.

  • Effect of Termination: Upon termination, all unpaid invoices become immediately due. We will provide you with all completed work product and a final invoice. Confidentiality obligations survive termination indefinitely.

SECTION 4 - SERVICE DELIVERY AND PERFORMANCE

Project Commencement: Services begin upon receipt of signed service agreement and any required initial payment.

Performance Standards: We will perform all services in a professional and workmanlike manner consistent with generally accepted industry practices for management consulting services, using qualified personnel with appropriate skills and experience.

Client Cooperation Requirements: Service timelines and our ability to deliver are contingent upon your timely provision of:

  • Requested information and documentation within 5 business days of request

  • Access to necessary systems, personnel, and facilities as reasonably required

  • Participation in scheduled meetings and review sessions

  • Decision-making and approvals within agreed timeframes

Remedies for Non-Cooperation: If client delays exceed 10 business days for critical path items, we may (a) extend project timelines accordingly, (b) invoice for work completed to date, or (c) place the project on hold pending client action. Additional time required due to client delays may result in additional fees at our standard hourly rates.

Communication Standards: We will provide project status updates at least bi-weekly for ongoing engagements and will respond to your inquiries within 2 business days during normal business hours (Monday-Friday, 9 AM-5 PM MT).

Changes to Scope: Any changes to the agreed-upon scope of work must be requested in writing and approved by both parties before implementation. Approved changes may result in additional fees and timeline adjustments, which will be documented in a written change order.

SECTION 5 - INTELLECTUAL PROPERTY AND CONFIDENTIALITY

Client Materials: You retain all rights to your proprietary information, data, and materials provided to us.

Work Product: Upon full payment, you receive a non-exclusive license to use all custom deliverables created specifically for your engagement for your internal business purposes. You may not resell, redistribute, or use our work product for the benefit of third parties without our written consent.

Our Intellectual Property: Our proprietary frameworks, methodologies, processes, templates, and general knowledge remain our exclusive intellectual property and may be used in future client engagements.

Confidentiality: We will maintain in confidence all non-public information received from you and will not disclose such information to third parties without your written consent. This obligation survives termination of our engagement indefinitely.

Third-Party Materials: We may utilize third-party tools, software, or subcontractors in delivering services. Any third-party intellectual property remains owned by such third parties, and your use is subject to applicable third-party terms.

SECTION 6 - DATA PRIVACY AND SECURITY

Data Handling: We will handle your data in accordance with applicable privacy laws and our internal data security policies. We implement reasonable administrative, technical, and physical safeguards to protect your information.

Data Retention: We may retain your data for a period necessary to fulfill our business and legal obligations, typically not exceeding 7 years after engagement completion.

Data Breach: In the event of any data security incident, we will notify you promptly and cooperate in any required breach response activities.

Your Data Rights: You may request access to, correction of, or deletion of your personal data subject to our legal and business retention requirements.

SECTION 7 - DISPUTE RESOLUTION

Informal Resolution: Before initiating formal proceedings, the parties agree to attempt good faith resolution through direct negotiation for a period of 30 days.

Mediation: If informal resolution fails, disputes will be submitted to binding mediation through a mutually agreed mediator or through the American Arbitration Association's Commercial Mediation Rules.

Arbitration: If mediation is unsuccessful, disputes will be resolved through binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association, conducted in Denver, Colorado.

Payment Disputes: Credit card payment disputes must be reported to us within 60 days of the charge date. We will work cooperatively to provide documentation and resolve legitimate disputes promptly.

Limitation Period: Any claim must be brought within one (1) year of the date the claiming party knew or should have known of the basis for the claim.

SECTION 8 - LIMITATION OF LIABILITY AND WARRANTIES

Service Warranty: We warrant that our services will be performed in a professional and workmanlike manner consistent with industry standards. Our sole remedy for breach of this warranty is to re-perform deficient services at no additional cost.

Disclaimer of Other Warranties: EXCEPT AS EXPRESSLY STATED, WE PROVIDE SERVICES "AS IS" WITHOUT ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

No Business Outcome Guarantees: We provide strategic guidance and professional advice based on our expertise and experience. However, we cannot and do not guarantee specific business outcomes, results, partnerships approvals, revenue targets, or marketplace success, as these depend on factors outside our control.

Limitation of Liability: OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OUR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM. IN NO EVENT SHALL WE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

Client Indemnification: You agree to indemnify and hold us harmless from any claims arising from (a) your use of our deliverables, (b) your breach of these Terms, or (c) your violation of any law or third-party rights.

SECTION 9 - FORCE MAJEURE

Neither party shall be liable for any delay or failure to perform due to circumstances beyond their reasonable control, including but not limited to acts of God, government actions, war, terrorism, pandemic, natural disasters, or significant illness of key personnel. The affected party must provide prompt written notice and use reasonable efforts to mitigate the impact. If force majeure conditions persist for more than 60 days, either party may terminate the affected engagement.

SECTION 10 - AGREEMENT HIERARCHY AND PRECEDENCE

Order of Precedence: In the event of any conflict or inconsistency between these Terms of Service and other agreements, the following order of precedence shall apply:

  1. Master Service Agreements or Contracts - Any signed master service agreement or specific contract between you and The Power of Partnering

  2. Statements of Work or Service Agreements - Individual statements of work, service agreements, or project-specific agreements

  3. Proposals and Service Descriptions - Accepted proposals or detailed service descriptions for specific engagements

  4. These Terms of Service - These general Terms of Service serve as the baseline terms

Specific Terms Override General Terms: Where specific agreements contain terms that differ from these general Terms of Service, the specific agreement terms shall prevail for that particular engagement or relationship.

Supplemental Nature: These Terms of Service supplement and support other agreements but do not replace more specific contractual terms you may have agreed to in other documents.

SECTION 11 - GENERAL TERMS

Age and Authority Requirements: You represent that you are at least 18 years of age and have the legal capacity and authority to enter into this agreement on behalf of yourself or your organization.

Governing Law and Venue: These Terms are governed by the laws of the State of Colorado, United States of America, without regard to conflict of law principles. Any legal proceedings shall be conducted in the state or federal courts located in Denver, Colorado.

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

Entire Agreement: These Terms, together with any referenced policies and specific service agreements, constitute the entire agreement regarding the subject matter herein and supersede all prior agreements and understandings.

Assignment: You may not assign these Terms or any rights hereunder without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

Notices: All notices required under these Terms must be in writing and delivered via email to the addresses specified herein, with confirmation of receipt.

Updates to Terms: We reserve the right to update these Terms at any time by posting the revised version at www.thepowerofpartnering.solutions/tos. Material changes will be communicated via email with 30 days advance notice. Continued use of services after changes take effect constitutes acceptance.

Survival: Sections relating to payment, confidentiality, intellectual property, limitation of liability, and dispute resolution survive termination of these Terms.

SECTION 12 - CONTACT INFORMATION

Questions about these Terms of Service or our services should be directed to:

Email: info@thepowerofpartnering.solutions Website: www.thepowerofpartnering.solutions Mailing Address: [Your Business Address]

Last Updated: Thursday, May 22, 2025

By engaging our services or making payment for our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.