Terms of Service

These terms and conditions outline the rules and regulations for using Moko Consulting's website and services.

Moko Consulting is located at:

2918 Heatherfield Drive
Woodlawn, TN 37191

By accessing this website, approving a proposal, signing an agreement, submitting payment, or engaging Company services, you agree to these Terms of Service in full. If you do not agree with any part of these terms, you must discontinue use of the website and services.

Definitions

For purposes of these Terms of Service:

Client, You, Your
Any individual, business, organization, or entity accessing or using this website or engaging Company services.

Company, We, Us, Our
Refers to Moko Consulting.

Services
Business consulting, technology solutions, digital services, and related professional services offered by Company.

Proposal
A formal written agreement outlining the scope of work, deliverables, responsibilities, timelines, pricing, and applicable terms for a specific engagement.

Service Agreement
The approved Proposal and any related documentation governing the relationship between Company and Client.

Retainer
A pre-funded service agreement where Client purchases a block of available service hours to be used during an engagement.

Hours Pool
The total number of prepaid billable hours available under an active Retainer agreement.

Overage
Any work performed beyond the funded Hours Pool by more than five percent (5%) during a billing cycle or project phase.

SaaS Services
Hosted software services, client portals, dashboards, CRM platforms, CMS platforms, hosting services, or other software-based solutions provided by Company.

Scope of Services

Company provides professional consulting services including, but not limited to:

The specific services, deliverables, timelines, responsibilities, and pricing for each engagement will be defined within an approved Proposal or Service Agreement.

Proposal and Service Agreement

All services provided by Company require a formal Proposal before work begins.

The approved Proposal shall constitute the Service Agreement between Company and Client and will define the terms of the engagement.

The Proposal will include:

Scope of Work (SOW)

The Scope of Work may include:

Timeline

The Proposal may include:

Billing Structure

The Proposal will identify the applicable billing method, including:

Additional Terms

The Proposal may include:

All estimates, timelines, and deliverable descriptions are based on information available at the time of approval. Actual project requirements may change as additional information becomes available.

Any changes to scope, deliverables, timelines, or requirements will be handled according to the billing structure and change management process defined in the applicable agreement.

Billing, Payment, and Fees
Billing Terms

Unless otherwise stated in writing:

Accepted Payment Methods

Company accepts the following payment methods:

Company reserves the right to modify accepted payment methods based on Client payment history, account status, or operational requirements.

Retainer and Hours Pool Billing

When services are provided under a Retainer agreement, the following terms apply.

Pre-Funded Hours Pool

Client purchases a prepaid Hours Pool based on the agreed hourly rate.

Hours are deducted from the Hours Pool as work is completed and recorded.

A Retainer does not represent a fixed-scope project. The Hours Pool represents available service capacity and is intended to provide ongoing access to Company services.

Actual hours required may be higher or lower than initial estimates depending on project requirements.

Overage Approval

Company will monitor Hours Pool usage and notify Client when available hours are approaching depletion.

Company will not perform work that causes usage to exceed the funded Hours Pool by more than five percent (5%) without written approval from Client.

Approval may include:

No additional work beyond the approved threshold will begin without written authorization.

Pool Top-Up

When the Hours Pool balance is depleted or nearing depletion, Company will notify Client.

Client may purchase an additional Hours Pool block to continue services.

If the Hours Pool is exhausted and additional funding is not authorized, Company may pause services until additional hours are purchased.

Unused Hours

Unused Retainer hours will roll forward to future billing cycles unless otherwise specified in the Service Agreement.

Unused hours are non-refundable upon termination except where required by applicable law.

Rate Lock

The hourly rate established when a Retainer begins remains fixed for the duration of the currently funded Hours Pool.

Any future rate changes apply only to newly purchased Hours Pool blocks.

Company will provide written notice of rate changes at least thirty (30) days before implementation.

Reporting

Upon request and at the conclusion of each billing cycle, Company may provide a usage summary including:

Late Payments

Invoices are due upon receipt unless otherwise specified in writing.

The following terms apply to late or missed payments:

Grace Period

Clients have a ten (10) day grace period from the payment due date to submit payment without service interruption.

Suspension of Services

Company may suspend services if payment is not received within fifteen (15) days of the original due date.

Suspension may include:

Reinstatement

Services will not be restored until:

Repeated Payment Issues

Clients with repeated late payments may be required to:

Non-Waiver

Company's decision not to enforce a payment requirement, late fee, or suspension in one instance does not waive the right to enforce these terms in future situations.

Client remains responsible for ensuring all payments are submitted according to the agreed payment schedule.

Additional Fees

The Client agrees that the following fees may apply when incurred:

Reinstatement Fee

A $25 reinstatement fee may apply to restore services interrupted due to:

Rush Requests

Projects or changes requested outside the approved timeline may incur rush fees.

Rush fees will be quoted and approved on a case-by-case basis before additional work begins.

Returned Checks

A $40 returned check fee applies to each returned payment due to insufficient funds or payment failure.

Chargebacks

A $50 dispute processing fee may be assessed for unauthorized chargebacks, in addition to the original invoiced amount and any applicable collection costs.

Collections and Legal Fees

Client is responsible for costs associated with collection of unpaid balances, including:

Third-Party Costs

Expenses related to third-party products or services are billed separately unless otherwise stated.

Examples include:

Third-party services may be subject to their own cancellation, refund, and usage policies.

Additional fees become enforceable when incurred and must be paid before services continue.

Chargeback Procedures

Clients are expected to resolve billing concerns directly with Company before initiating a chargeback or payment dispute.

Initiating a chargeback without first providing Company an opportunity to resolve the issue may be considered a material breach of agreement.

Pre-Dispute Communication

Clients must submit billing disputes through the official support portal before initiating a chargeback:

https://client.mokoconsulting.tech/public/ticket/index.php?entity=1

Dispute Response Timeline

Company will make reasonable efforts to respond to initial billing disputes within seventy-two (72) hours.

Unauthorized Chargebacks

Unauthorized chargebacks may result in:

Reinstatement After Chargeback

Services will only be reinstated after:

Reinstatement payments may be required through:

Unauthorized chargebacks may result in permanent service termination and referral to collections.

Returned or Cancelled Check Procedures

If a payment is returned or cancelled, the following procedures apply:

Notification

Client will be notified in writing by email or other available communication method within five (5) business days of the returned payment.

Resolution Deadline

The returned payment and all associated fees must be resolved within ten (10) business days of notification.

Replacement Payment Methods

Replacement payments must be made using approved methods, including:

Additional checks may not be accepted until the issue is resolved.

Service Suspension

Company may suspend services until all outstanding balances and fees are paid.

Future Payment Restrictions

After two (2) returned checks, Client may be required to use certified funds or electronic payment methods for all future transactions.

Failure to resolve returned payment issues may result in:

Financing Options

Company may offer financing or installment payment plans to qualified Clients.

All financing arrangements must be documented in writing through the applicable Proposal or Service Agreement.

Eligibility

Financing approval is determined by Company based on factors including:

Company reserves the right to approve or deny financing requests.

Initial Deposit

A non-refundable deposit is required before work begins.

Financing does not remove or reduce the deposit requirement unless specifically approved in writing.

Payment Schedule

Client must follow the payment schedule established in the agreement.

Failure to maintain scheduled payments may result in:

Failed Payments

Clients have ten (10) calendar days to resolve failed or declined installment payments.

Payment Method

Installment payments must be made through automatic payment methods unless otherwise authorized in writing.

Intellectual Property, Copyright, and Ownership

Unless otherwise agreed in writing, all original materials, content, designs, strategies, software, code, documentation, and deliverables created by Company under an approved agreement are considered work-for-hire to the extent permitted by applicable law.

Ownership Transfer

Upon full payment of all fees due, Client receives ownership of final deliverables as defined in the applicable agreement.

If any deliverable does not legally qualify as work-for-hire, Company assigns applicable rights, title, and interest to Client upon full payment.

For Retainer engagements:

Company Rights and Reserved Materials

Company retains ownership of:

Company may use completed deliverables, screenshots, designs, and related materials for:

unless restricted by a written confidentiality agreement.

AI-Assisted Content

Company may use artificial intelligence tools or AI-assisted processes during service delivery.

AI assistance does not reduce Client ownership rights to completed deliverables once all applicable fees have been paid.

Company does not guarantee that third-party AI systems will not introduce limitations, licensing considerations, or similar restrictions.

Client Responsibilities

Client represents and warrants that they have the legal right to provide all materials supplied to Company, including:

Client agrees to indemnify and hold harmless Company from claims arising from Client-provided materials.

Intellectual Property Restrictions

Unauthorized use, modification, reproduction, distribution, or licensing of unpaid or unlicensed Company work product is prohibited.

Company may restrict access to unfinished or unpaid deliverables until all required payments have been completed.

Confidentiality

Both parties agree to maintain the confidentiality of all proprietary, sensitive, or non-public information exchanged during the course of the engagement.

Confidential information may include:

Company Responsibilities

Company agrees that it will not disclose or share Client confidential information with third parties without written authorization, except when disclosure is required by law.

Company will use reasonable safeguards to protect confidential information, including:

Client Responsibilities

Client agrees not to disclose, distribute, or share Company confidential information, including:

without prior written authorization from Company.

Confidentiality Exceptions

Confidentiality obligations do not apply to information that:

When legally permitted, the receiving party will provide reasonable notice before required disclosure.

Confidentiality Duration

Confidentiality obligations remain effective for two (2) years following the conclusion or termination of the engagement.

Disclaimer

Company provides services based on professional experience, industry knowledge, available information, and reasonable business practices.

While Company strives to provide accurate, effective, and customized recommendations, Company does not guarantee:

Client acknowledges that all business decisions made based on Company recommendations are made at Client's own discretion and risk.

Company is not responsible for losses, damages, or unfavorable results arising from implementation, modification, or use of recommendations, deliverables, or materials.

Client is solely responsible for evaluating whether Company's services are appropriate for their specific circumstances.

Limitation of Liability

To the maximum extent permitted by applicable law, Company shall not be liable for indirect, incidental, special, consequential, or punitive damages.

This includes, but is not limited to:

This limitation applies regardless of the legal theory involved, including:

even if Company has been advised of the possibility of such damages.

Company's total cumulative liability arising from any agreement or service shall not exceed the total amount of fees actually paid by Client to Company during the three (3) months immediately preceding the event giving rise to the claim.

This limitation survives termination and applies to all services provided.

Third-Party Links and Services

Company's website, documentation, proposals, or services may include references or links to third-party websites, software, tools, products, or services.

These links are provided for convenience and informational purposes only.

Company does not:

Client's use of third-party services is governed by the applicable third-party terms and policies.

Clients are encouraged to review third-party agreements and privacy policies before using external services.

Governing Law

These Terms of Service and all related agreements shall be governed by and interpreted under the laws of the State of Tennessee, without regard to conflict of law provisions.

Any legal action, proceeding, or dispute arising from or related to these Terms shall be brought exclusively in the state or federal courts located in Montgomery County, Tennessee.

Both parties consent to:

This provision applies regardless of Client location or method of accessing Company services.

Termination

Company reserves the right to suspend or terminate services, with or without notice, if any of the following occur:

Client Termination

Client may terminate services by providing written notice, subject to:

Effects of Termination

Upon termination:

Surviving Provisions

The following sections survive termination:

Termination does not release Client from financial obligations or prevent Company from pursuing available legal or equitable remedies.

Force Majeure

Company shall not be responsible for failure or delay in performing obligations caused by circumstances beyond Company's reasonable control.

Force majeure events may include:

Force Majeure Procedures

If a force majeure event occurs:

Either party may terminate the agreement without penalty if a force majeure event prevents performance for more than thirty (30) consecutive days.

Force majeure events do not eliminate payment obligations for:

Independent Contractor

Company operates as an independent contractor for all engagements.

Nothing in these Terms creates:

between Company and Client.

Company maintains control over:

Client is not responsible for providing:

Company remains responsible for its own business operations, taxes, insurance, and compliance obligations.

Both parties acknowledge they operate as independent business entities.

Non-Solicitation

To protect Company's workforce, contractors, and business relationships, Client agrees to the following:

Client shall not directly or indirectly solicit, hire, contract with, or engage any employee, contractor, subcontractor, or representative of Company during the term of the agreement and for twelve (12) months following completion or termination of services without prior written consent from Company.

This restriction applies regardless of whether the individual relationship with Company was:

If Client violates this provision, Client agrees to pay Company liquidated damages equal to twenty-five percent (25%) of the individual's annualized compensation or project value.

The parties acknowledge that this amount represents a reasonable estimate of damages resulting from recruitment costs, training investments, business disruption, and loss of service capacity, and is not intended as a penalty.

Changes to Terms

Company reserves the right to modify, update, or replace these Terms of Service at any time.

Changes may be made to reflect:

Updated terms become effective when posted on Company's website unless otherwise specified.

Clients are responsible for reviewing the current Terms periodically.

Continued use of Company services after changes are posted constitutes acceptance of the updated Terms.

If Client does not agree with updated Terms, Client must discontinue use of services and provide written notice to Company.

Arbitration

Any dispute, claim, or controversy arising from or relating to these Terms, Company services, or any agreement between Client and Company shall be resolved through binding arbitration.

The arbitration process shall follow the rules of the American Arbitration Association (AAA), unless otherwise agreed in writing.

Arbitration Terms

The parties agree:

Exceptions

This arbitration requirement does not prevent either party from seeking emergency or equitable relief from a court of competent jurisdiction for matters involving:

By accepting these Terms, both parties waive the right to a jury trial or class action proceedings where permitted by law.

Software-as-a-Service (SaaS) Services

If Company provides access to hosted software, client portals, dashboards, platforms, or other software-based services, the following terms apply.

SaaS Services may include:

Access and Licensing

Company grants Client a limited, non-exclusive, non-transferable, revocable license to access and use SaaS Services solely for authorized internal business purposes.

Access is limited to:

Client may not provide access to unauthorized third parties without written approval from Company.

SaaS Restrictions

Client may not:

Service Availability

Company makes commercially reasonable efforts to maintain reliable SaaS availability.

Company targets 99% uptime availability excluding:

Company reserves the right to modify, update, or discontinue SaaS features with reasonable notice.

SaaS Data Ownership and Termination

Client retains ownership of Client-provided data stored within SaaS platforms.

Upon termination:

Client is responsible for maintaining appropriate backups unless a separate backup agreement exists.

Hosting Terms (DreamHost)

For services involving website hosting, domain management, email infrastructure, or related hosting services provided through DreamHost, DreamHost's legal agreements apply.

DreamHost terms include:

Available at:

https://www.dreamhost.com/legal/

In the event of a conflict between these Terms and DreamHost policies regarding hosting operations, DreamHost's terms control those specific matters.

Company is not responsible for:

Client acknowledges that hosted services may be subject to additional third-party requirements.

CRM Services

If Company provides Customer Relationship Management (CRM) implementation, configuration, migration, integration, or support services, the following terms apply.

CRM Service Scope

CRM services may include:

Services are customized according to the selected platform and approved project scope.

Supported platforms may include, but are not limited to:

Client Data Responsibility

Client is solely responsible for:

Company is not responsible for:

Third-Party CRM Platforms

CRM services may rely on third-party software providers.

Client agrees to comply with applicable provider terms.

Company is not responsible for:

CRM Support

Unless otherwise stated in writing, CRM support is limited to the contracted service period.

Additional:

may require a separate agreement or hourly billing.

Company provides CRM solutions designed to improve workflow and operations but does not guarantee specific business outcomes.

Acceptable Use Policy

By using Company websites, services, SaaS platforms, or hosted environments, Client agrees to use them only for lawful, authorized, and ethical purposes.

Prohibited Conduct

Client may not:

Mass Email and Spam Prohibition

Client may not use Company-managed services, hosting environments, or platforms to send unsolicited bulk email.

This includes:

Client must maintain appropriate consent records for email communications.

Violations may result in:

Enforcement

Company reserves the right to investigate suspected violations.

Violations may result in:

Company may cooperate with law enforcement or regulatory authorities when required.

Affiliate Disclosure

Company may include affiliate links within:

When Client or website visitors click an affiliate link and make a purchase, Company may receive compensation or a commission at no additional cost to the purchaser.

Company may recommend affiliate products or services that it:

Affiliate relationships do not constitute an endorsement or guarantee of third-party performance.

Client remains responsible for independently evaluating any third-party products, services, vendors, or platforms before purchase.

Company is not responsible for:

By using Company resources containing affiliate links, you acknowledge and accept this disclosure.

Electronic Signatures and Electronic Communications

Client agrees that electronic records and communications may be used to establish agreements and approvals.

Electronic signatures, digital acknowledgments, and electronic communications shall have the same legal effect as handwritten signatures to the fullest extent permitted by applicable law.

Electronic acceptance may include:

Both parties consent to conducting business electronically and accept electronic records as legally binding.

Client waives any objection to the enforceability of agreements solely because they were created, transmitted, or executed electronically.

Privacy Policy

Company is committed to protecting Client and website visitor privacy.

This Privacy Policy explains how Company collects, uses, stores, and protects personal information.

Information We Collect

Company may collect the following information:

Information Provided Directly

Including:

Technical Information

Including:

Transaction Information

Including:

How We Use Information

Company may use collected information to:

Information Sharing and Disclosure

Company does not sell or rent personal information.

Company may share information only when necessary:

Service Providers

With trusted vendors and providers that support business operations, including:

Legal Requirements

When disclosure is required by:

Protection of Rights

To protect:

Data Security

Company implements commercially reasonable security practices designed to protect information from:

Security practices may include:

However, no online system can guarantee absolute security.

Client acknowledges that transmission and storage of information online involves inherent risks.

Cookies and Tracking Technologies

Company websites may use cookies and similar technologies for:

By using Company websites, visitors consent to applicable cookie usage.

Visitors may disable cookies through browser settings; however, some website functionality may be affected.

Client Privacy Rights

Depending on applicable law, individuals may request:

Marketing emails may be discontinued by using the unsubscribe option included in communications.

Privacy requests may be submitted through the contact information provided below.

Data Retention

Company retains personal information only as long as reasonably necessary for:

Retention periods may vary depending on the type of information and applicable requirements.

Privacy Policy Updates

Company may update this Privacy Policy periodically.

Updates may reflect:

Updated policies become effective when posted on the Company website unless otherwise stated.

Continued use of Company services after updates are posted constitutes acceptance of the updated Privacy Policy.

Privacy Requests and Data Processing

Privacy Information Request:

https://mokoconsulting.tech/privacy-request

Privacy Data Processing Information:

https://mokoconsulting.tech/privacy-data

Contact Information

If you have questions, concerns, comments, or requests regarding these Terms of Service, Privacy Policy, or Company services, please contact:

Moko Consulting

Phone:

(931) 820-0265

Support Portal:

https://client.mokoconsulting.tech/public/ticket/index.php?entity=1

Compliance or Legal Inquiries:

Company aims to respond to support requests within one (1) to two (2) business days.

For urgent matters, Clients should contact Company by phone during normal business hours.

Acknowledgment

By accessing Company websites, approving proposals, signing agreements, submitting payment, or using Company services, Client acknowledges that they have reviewed, understood, and agreed to these Terms of Service and Privacy Policy.