Terms of Service

1. Acceptance of Terms

By using this website, booking consultations, or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must discontinue use immediately.

2. Service Definitions

Sunset Systems provides the following services:

Growth Roadmap: A 30-day diagnostic engagement to identify revenue leaks and create implementation roadmaps with forecasted ROI.

Quick-Win Builds: Rapid automation implementations designed to deliver immediate operational improvements.

Growth Partner Program: Ongoing monthly consulting and automation development services.

Additional Services: AI-powered automation consulting, custom workflow implementation, strategic advisory, and business process optimization.

3. Service Engagement Process

3.1 Consultation & Discovery

• Initial consultations determine project scope and feasibility
• We reserve the right to decline services that fall outside our expertise
• All project specifications must be documented in writing before work begins

3.2 Scope Definition

• Services are delivered according to written statements of work (SOWs)
• Changes to scope require written approval and may incur additional fees
• Client is responsible for providing accurate business information and requirements

3.3 Service Delivery Timeline

• Timelines are estimates based on information provided during consultation
• Delays caused by client unavailability, incomplete information, or scope changes may extend delivery timelines
• We are not liable for delays caused by factors outside our reasonable control

4. Payment Terms & Billing

4.1 Payment Structure

• Fees are outlined in separate written agreements or invoices
• Payment terms vary by service type and engagement scope
• Value-based pricing models are subject to specific performance criteria

4.2 Payment Schedule

• Growth Roadmap: Payment due upon engagement commencement
• Quick-Win Builds: 50% upfront, 50% upon completion
• Growth Partner Program: Monthly payments due in advance
• Custom projects: As specified in individual SOWs

4.3 Late Payments

• Payments are due within 30 days of invoice date
• Late payments incur 1.5% monthly service charge
• Services may be suspended for accounts more than 30 days overdue
• Collection costs and attorney fees are client's responsibility

4.4 Refund Policy

• Growth Roadmap includes ROI guarantee as specified in individual agreements
• Other services are generally non-refundable once work has commenced
• Refund eligibility is determined case-by-case based on service delivery status

5. Client Obligations & Responsibilities

5.1 Information Accuracy

• Client must provide complete and accurate business information
• Client is responsible for timely responses to requests for information
• Inaccurate information may impact service quality and outcomes

5.2 System Access

• Client must provide necessary system access for service delivery
• Client is responsible for maintaining security of shared credentials
• We recommend using secure credential sharing tools

5.3 Internal Resources

• Client must dedicate appropriate internal resources for project success
• Client team members must be available for scheduled meetings and reviews
• Client is responsible for implementing recommended changes requiring internal action

5.4 Compliance

• Client is responsible for compliance with all applicable laws and regulations
• Client must inform us of any industry-specific compliance requirements
• We are not responsible for ensuring client regulatory compliance

6. Intellectual Property Rights

6.1 Sunset Systems IP

• All proprietary methodologies, frameworks, and business processes remain our exclusive property
• Our logos, trademarks, and website content are protected intellectual property
• Clients receive limited license to use deliverables for internal business purposes only

6.2 Custom Deliverables

• Custom automations and workflows developed during engagements are owned by Sunset Systems unless explicitly transferred in writing
• Clients receive perpetual license to use custom solutions for their business operations
• We reserve the right to create similar solutions for other clients

6.3 Client Materials

• Clients retain ownership of their business data and proprietary information
• We receive limited license to use client data solely for service delivery purposes
• Anonymized methodologies developed from client engagements may be used for future service delivery

7. Confidentiality & Data Protection

7.1 Mutual Confidentiality

• Both parties agree to maintain confidentiality of proprietary information
• Confidential information includes business strategies, data, and operational details
• Confidentiality obligations survive termination of services

7.2 Data Security

• We implement reasonable security measures to protect client data
• Client is responsible for backup and security of their own systems
• We are not liable for data loss due to third-party platform failures

7.3 Third-Party Integrations

• Services may require integration with third-party platforms
• Each platform has its own terms of service and privacy policies
• Client accepts risks associated with third-party platform usage

8. Service Limitations & Disclaimers

8.1 Performance Disclaimers

• Services are provided on an "as-is" basis without warranties
• We make no guarantees regarding specific business outcomes or results
• ROI projections are estimates based on available information and may not be achieved

8.2 Service Limitations

• Our services focus on operational optimization and automation
• We do not provide legal, financial, or tax advice
• Results depend on client implementation and external business factors

8.3 Third-Party Dependencies

• Many solutions depend on third-party platforms and APIs
• We are not responsible for third-party platform changes or outages
• Alternative solutions may be required if third-party platforms become unavailable

9. Limitation of Liability

9.1 Liability Cap

• Our total liability for any claims is limited to the total fees paid for the specific service engagement
• This limitation applies regardless of the form of action (contract, tort, etc.)

9.2 Excluded Damages

• We are not liable for indirect, incidental, special, consequential, or punitive damages
• This includes lost profits, business interruption, loss of data, or loss of business opportunities
• These limitations apply even if we have been advised of the possibility of such damages

9.3 Time Limitation

• Any claims must be brought within one (1) year of the date the claim arose
• Failure to bring claims within this period constitutes a waiver

10. Indemnification

Client agrees to indemnify and hold Sunset Systems harmless from any claims, damages, or expenses arising from:

• Client's use of our services or deliverables
• Client's violation of these Terms
• Client's violation of applicable laws or regulations
• Claims that client's business operations infringe third-party rights

11. Termination

11.1 Termination Rights

• Either party may terminate ongoing services with 30 days written notice
• We may terminate immediately for non-payment or material breach
• Termination does not affect completed work or payment obligations

11.2 Effect of Termination

• All unpaid fees become immediately due
• Confidentiality obligations survive termination
• Client licenses to use deliverables continue unless specifically revoked

11.3 Data Return

• Upon termination, we will return or destroy client data as requested
• Client is responsible for retrieving data from third-party platforms
• We are not required to maintain data beyond reasonable transition period

12. Dispute Resolution

12.1 Governing Law

• These Terms are governed by California law
• Any disputes will be resolved in the state and federal courts of Placer, California

12.2 Mandatory Arbitration

• All disputes exceeding $10,000 must be resolved through binding arbitration
• Arbitration will be conducted under American Arbitration Association rules
• Each party bears their own attorney fees unless award specifies otherwise

12.3 Preliminary Relief

• Either party may seek preliminary injunctive relief in court for intellectual property violations
• Such relief does not waive the right to arbitration for underlying disputes

13. Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control, including:

• Natural disasters, pandemic, or government actions
• Internet outages or third-party platform failures
• Client-caused delays or unavailability
• Other unforeseeable circumstances

14. Scheduling & Consultations

14.1 Appointment Requirements

• Appointments must be scheduled through official channels (Calendly, etc.)
• Accurate contact information is required for all bookings
• We reserve the right to reschedule or cancel appointments at our discretion

14.2 Cancellation Policy

• Client must provide 24-hour notice for cancellations or rescheduling
• No-shows may be charged a consultation fee
• Repeated no-shows may result in service termination

14.3 Consultation Scope

• Initial consultations are for service evaluation purposes only
• Substantive advice requires formal service engagement
• We may record consultations for quality and training purposes

15. Website Use & Restrictions

15.1 Permitted Use

• Website is for informational purposes and service inquiries only
• Users must be 18 years or older or have parental consent
• Commercial use of website content is prohibited

15.2 Prohibited Activities

• Attempting to gain unauthorized access to systems
• Interfering with website operation or security
• Using automated tools to extract content
• Violating applicable laws or regulations

15.3 User Content

• Users are responsible for any content they submit
• We reserve the right to remove inappropriate content
• Users grant us license to use submitted content for business purposes

16. Modifications & Updates

16.1 Terms Updates

• We may modify these Terms at any time
• Material changes will be posted with updated effective date
• Continued use constitutes acceptance of modified Terms

16.2 Service Changes

• We reserve the right to modify or discontinue services
• Changes to ongoing services require reasonable advance notice
• Price changes for ongoing services require 30 days notice

17. Miscellaneous Provisions

17.1 Entire Agreement

• These Terms, along with any written service agreements, constitute the entire agreement
• Verbal agreements or representations are not binding
• Modifications must be in writing and signed by both parties

17.2 Severability

• If any provision is found unenforceable, the remainder remains in effect
• Unenforceable provisions will be modified to achieve intended effect

17.3 Assignment

• Client may not assign rights or obligations without written consent
• We may assign our rights and obligations to affiliates or successors

17.4 Waiver

• Failure to enforce any provision does not constitute waiver
• Waivers must be in writing to be effective

18. Contact Information

Business Name: Sunset Systems
Email: nick@sunsetsystems.co

For questions about these Terms or to report violations, contact us using the information above.

Last Updated: 08/20/2025

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