Welcome to Vybrant Ventures! We are thrilled to have you engage with our boutique Tech Consulting services. Before you proceed, please carefully review the following Terms & Conditions. By accessing or using our services, you agree to be bound by these terms. If you have any questions or concerns, please don’t hesitate to contact us.

a. Vybrant Ventures is a boutique Tech Consulting company based in Dallas, Texas. Our mission is to provide innovative and tailored solutions to clients worldwide, helping them navigate the ever-evolving landscape of technology.

b. These Terms & Conditions constitute a legally binding agreement between Vybrant Ventures and you, the user, governing the use of our services and any interactions with our company. By accessing or using our services, you agree to comply with these terms and conditions. If you do not agree with any part of these terms, please refrain from using our services.

By engaging with Vybrant Ventures, you agree to abide by the terms outlined in this agreement. Any additional terms or agreements must be agreed upon in writing by both parties.

1. Engagement
   a. By engaging Vybrant Ventures for Tech Consulting services, the client acknowledges and agrees to the terms outlined in this Service Agreement.
   b. This agreement encompasses all services provided by Vybrant Ventures to the client, unless explicitly stated otherwise in writing.
2. Additional Terms
   a. Any additional terms, modifications, or amendments to this Service Agreement must be agreed upon in writing by both Vybrant Ventures and the client.
   b. Verbal agreements or understandings shall not constitute amendments to this Service Agreement unless confirmed in writing by both parties.
3. Acceptance
   a. Client acceptance of this Service Agreement is presumed upon engaging with Vybrant Ventures for services.
   b. Vybrant Ventures reserves the right to refuse service to any client who does not agree to the terms outlined in this agreement.
4. Governing Agreement
   a. This Service Agreement supersedes any prior agreements, whether written or verbal, between Vybrant Ventures and the client concerning the subject matter herein.
   b. Any conflicts or discrepancies between this Service Agreement and other agreements shall be resolved in favor of this document.
5. Future Amendments
   a. Vybrant Ventures reserves the right to amend this Service Agreement at any time.
   b. Amendments shall be effective upon posting on the Vybrant Ventures website or notification to the client in writing.
6. Severability
   a. If any provision of this Service Agreement is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.
   b. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision of this agreement.

By engaging with Vybrant Ventures for Tech Consulting services, you acknowledge that you have read, understood, and agree to be bound by the terms outlined in this Service Agreement. Any deviations from these terms must be mutually agreed upon in writing by both parties.

a. Tech Consulting Services: Vybrant Ventures specializes in providing a comprehensive range of Tech Consulting services, encompassing but not limited to:

• Software Development: Our team of experienced developers crafts customized software solutions tailored to meet the unique needs and objectives of our clients. Whether it’s web applications, mobile apps, or enterprise software, we leverage cutting-edge technologies to deliver robust and scalable solutions.
• IT Strategy: We offer strategic guidance and expertise to help businesses align their IT initiatives with their overall objectives. From IT infrastructure optimization to cloud migration strategies, we assist clients in maximizing the value of their technology investments.
• Digital Transformation: In today’s rapidly evolving digital landscape, we help organizations embrace digital transformation initiatives to stay competitive and drive growth. Our services encompass digital strategy development, implementation of digital technologies, and organizational change management.

b. Customized Solutions: While the scope of our services encompasses software development, IT strategy, and digital transformation, the specific details of each engagement will be defined in individual contracts or agreements. We understand that every client’s needs are unique, and we are committed to tailoring our services to align with their specific requirements and objectives. Through collaborative discussions and detailed scoping exercises, we work closely with our clients to define project milestones, deliverables, timelines, and any other relevant terms to ensure clarity and transparency throughout the engagement process. Our goal is to deliver solutions that not only meet but exceed our clients’ expectations, driving tangible business outcomes and fostering long-term partnerships based on mutual trust and success.

a. Provision of Necessary Information and Access:

• Clients must provide Vybrant Ventures with all necessary information, data, and access to systems or resources required for the effective provision of services.
• This includes but is not limited to login credentials, relevant documentation, and any other resources deemed essential by Vybrant Ventures.
• Failure to provide timely and accurate information may result in delays or hinder the quality of services delivered by Vybrant Ventures.

b. Compliance with Applicable Laws and Regulations:

• Clients are solely responsible for ensuring compliance with all applicable laws, regulations, and industry standards related to the use of services provided by Vybrant Ventures.
• This includes but is not limited to data protection laws, intellectual property rights, and any other legal requirements pertinent to the client’s industry or geographical location.
• Vybrant Ventures shall not be held liable for any consequences arising from the client’s failure to comply with such laws and regulations.

These Client Responsibilities are integral to ensuring a smooth and effective collaboration between Vybrant Ventures and its clients. Failure to adhere to these responsibilities may impact the delivery and quality of services provided.

1. Fees for Services
   a. The fees for services rendered by Vybrant Ventures will be clearly outlined in the mutually agreed-upon contract or agreement.
   b. The specified fees cover the scope of work and deliverables as detailed in the contract.
2. Payment Terms
   a. The payment terms, including invoicing schedules and methods of payment, will be explicitly specified in the contract or agreement.
   b. Invoices will be issued in accordance with the agreed-upon schedule and will include all relevant details such as invoice number, payment due date, and a breakdown of charges.
   c. Clients are responsible for ensuring timely payments in accordance with the agreed-upon terms.
3. Late Payments
   a. Late payments may incur penalties or interest charges, as explicitly outlined in the contract or agreement.
   b. The late payment penalties will be applied based on the number of days overdue, as specified in the agreement.
   c. Vybrant Ventures reserves the right to suspend or terminate services if payments are consistently overdue, subject to the terms outlined in the agreement.

By engaging with Vybrant Ventures, clients acknowledge and agree to adhere to the payment terms outlined in the contract. Any disputes regarding fees or payment terms should be addressed promptly through communication with Vybrant Ventures. We appreciate your understanding and cooperation in maintaining a transparent and mutually beneficial business relationship.

a. Any intellectual property developed or created as part of the services provided by Vybrant Ventures shall remain the property of Vybrant Ventures unless otherwise agreed upon in writing. This includes, but is not limited to, software code, designs, algorithms, methodologies, and documentation.

b. Clients may be granted licenses or usage rights to intellectual property as specified in the contract. These licenses or usage rights will be outlined in detail, including any restrictions or limitations, and shall be subject to the terms and conditions of the agreement between Vybrant Ventures and the client. Any unauthorized use, reproduction, or distribution of intellectual property without explicit written consent from Vybrant Ventures is strictly prohibited.

1. Mutual Agreement
   a. Both Vybrant Ventures and clients agree to maintain the confidentiality of any proprietary or sensitive information shared during the course of the engagement.
   b. This confidentiality agreement extends to all forms of communication, including but not limited to verbal, written, electronic, or visual exchanges.
2. Non-Disclosure
   a. Confidential information shall not be disclosed to third parties without prior written consent from the disclosing party.
   b. This obligation of non-disclosure applies to all employees, contractors, or agents associated with Vybrant Ventures or the client who have access to confidential information.
   c. Confidential information includes, but is not limited to, business plans, financial data, trade secrets, intellectual property, and any information designated as confidential by either party.
3. Exceptions
   a. Confidential information does not include information that:
   i. Is or becomes publicly available through no fault of the receiving party.
   ii. Was rightfully in the receiving party’s possession prior to disclosure by the disclosing party.
   iii. Is independently developed by the receiving party without reference to the disclosing party’s confidential information.
   b. The receiving party may disclose confidential information if required by law, regulation, or court order, provided that they give prompt notice to the disclosing party to allow them the opportunity to seek protective measures.
4. Duration of Obligation
   a. The obligation of confidentiality shall remain in effect during the term of the engagement and for a period of [insert duration] years thereafter.
   b. Upon termination or completion of the engagement, both parties shall promptly return or destroy all confidential information received from the other party, including any copies or derivatives thereof.
5. Enforcement
   a. Any breach of this confidentiality agreement may result in irreparable harm to the disclosing party, for which monetary damages may not be adequate.
   b. In the event of a breach, the non-breaching party shall be entitled to seek injunctive relief and/or other equitable remedies without waiving any other rights or remedies available under law or contract.

By engaging in our services, both Vybrant Ventures and the client acknowledge and agree to abide by the terms of this Confidentiality section. Failure to comply with these terms may result in legal action and other remedies as provided for herein.

1. Termination by Either Party
   a. Either party, Vybrant Ventures or the client, reserves the right to terminate the agreement with written notice if the other party breaches any material provision of the agreement. A material breach includes, but is not limited to, failure to pay fees, violation of confidentiality obligations, or failure to fulfill significant contractual obligations.
   b. The terminating party shall provide a written notice specifying the nature of the breach and a reasonable timeframe for the other party to remedy the breach. If the breach is not remedied within the specified timeframe, the agreement may be terminated.
2. Financial Implications upon Termination
   a. Upon termination, whether initiated by Vybrant Ventures or the client, all outstanding fees for services rendered by Vybrant Ventures up to the termination date shall become immediately due and payable.
   b. Vybrant Ventures retains the right to invoice for any work performed, expenses incurred, or commitments made on behalf of the client up to the termination date, in addition to any other fees outlined in the agreement.
   c. The client agrees to settle all outstanding invoices within 30 days from the termination date. Failure to make prompt payment may result in the assessment of late fees or interest charges as specified in the agreement.
3. Return of Property
   a. Upon termination, the client shall promptly return any Vybrant Ventures property, including but not limited to documents, materials, and equipment, in their possession.
4. Survival of Certain Provisions a. Termination of the agreement shall not affect the rights and obligations of the parties accrued prior to the termination date, including but not limited to confidentiality, intellectual property, and payment obligations.
5. Dispute Resolution
   a. Any disputes arising from or relating to the termination of this agreement shall be resolved in accordance with the dispute resolution provisions outlined in the agreement.

By engaging with Vybrant Ventures, both parties acknowledge and agree to abide by the termination terms and conditions specified above. These terms are an integral part of the overall agreement between Vybrant Ventures and the client.

a. Indirect, Incidental, or Consequential Damages:

• Vybrant Ventures shall not be liable for any indirect, incidental, or consequential damages arising out of or relating to the services provided. This includes, but is not limited to, loss of profits, business interruption, or loss of data.

b. Maximum Liability:

• In no event shall Vybrant Ventures’ total liability exceed the fees paid by the client for the specific services giving rise to the claim. The client acknowledges and agrees that this limitation is a reasonable allocation of risk and an essential part of the bargain between the parties. This limitation applies regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, and shall survive a fundamental breach or breaches or the failure of the essential purpose of the contract or of any exclusive remedy.

a. Applicable Law: These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Texas. Any legal actions or proceedings arising out of or relating to these terms shall be governed by the laws of the State of Texas, without regard to its conflict of law principles.

b. Arbitration: Any disputes, controversies, or claims arising under or in connection with these terms, including any question regarding its existence, validity, or termination, shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Dallas, Texas, and the language of the arbitration shall be English. The arbitrator’s decision shall be final and binding, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

a. Right to Modify:

• Vybrant Ventures reserves the right to modify these Terms & Conditions at any time without prior notice. It is the responsibility of the clients and users to regularly review these terms for any changes.

b. Effective Date of Changes:

• Updated terms will be effective immediately upon being posted on our official website or upon notification to clients. Continued use of Vybrant Ventures’ services after modifications constitute acceptance of the updated terms.

Note: Vybrant Ventures may, at its discretion, provide notice of changes through email, website announcements, or other means. It is advised that clients and users check for updates periodically to stay informed about any modifications to the Terms & Conditions.

By agreeing to these Terms & Conditions, you acknowledge that you have read, understood, and agree to be bound by all provisions outlined herein. If you do not agree with any part of these terms, please refrain from using our services. Thank you for choosing Vybrant Ventures for your Tech Consulting needs!