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, agreeing to a proposal, paying an invoice, you agree to these terms and conditions in full. If you do not agree with any part, please refrain from using the website.

Definitions

• "Client," "You," "Your" – Any individual or entity accessing or using this website or our services.
• "Company," "We," "Us," "Our" – Refers to Moko Consulting.
• "Services" – Business consulting and related services offered by the Company.

Scope of Services

We offer consulting in business strategy, digital marketing, operations, technology solutions, branding, and more. The specifics of each engagement will be detailed in individual agreements.

Payments and Billing

A signed agreement is required for all services. Payment terms, including deposits and deadlines, are outlined in each project agreement. Clients are responsible for all third-party expenses and must make timely payments to avoid delays or penalties.

Proposal and Service Agreement

All services provided by Company are subject to a formal proposal(“Proposal”), which will also constitute a Service Agreement that outlines scope, deliverables, billing structure, and timelines. This agreement must be reviewed and signed before any work begins. The Proposal will include::

1. Scope of Work (SOW)
   • Detailed description of deliverables
     • Tasks and responsibilities
     • Project phases or milestones

2. Timeline
   • Start date
   • Key deadlines or phases
   • Estimated completion date
3. Additional Terms & Conditions
   • Ownership and licensing

Billing, Payment, & Fees

Billing

• All monthly services require a one (1) year minimum term unless otherwise stated in writing.
• If a one-year term is canceled early, a cancellation fee equal to 20% of the remaining contract value or $200, whichever is greater, will be due immediately.
• A non-refundable deposit  (typically 50%) is required to begin work and secures scheduling.
• Invoices for deposits and external expenses are due upon receipt.
• Monthly retainers, milestone billing, or one-time invoices may be used.
• Monthly payments are due the 1st of the month, unless stated otherwise.

Accepted Payment Methods

• Credit/debit card
• ACH bank transfer
• Business check
• Online payment portal (if available)

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 10-day grace period from the due date to submit payment without penalty.
• Suspension of Services: Services may be suspended if payment is not received within 15 days of the original due date.
• Reinstatement: Payment of any incurred fees and due invoices is required prior to reinstatement of service.
• Repeated Offenses: Clients with multiple late payments may be required to pay by certified funds or enroll in automatic billing.
• Non-Waiver: The Company’s decision not to enforce a late fee or suspension in one instance does not waive the right to enforce it in the future.

The Client is responsible for ensuring that payments are submitted on time and in accordance with the agreed payment terms.

Additional Fees

The Client agrees to the following additional fees that may be incurred during the course of service:

• Reinstatement Fee: A $25 fee will apply to restore services interrupted due to late payments, returned checks, or other breaches of agreement.

• Rush Requests: Projects or changes requested outside of the standard timeline may incur rush fees, to be quoted on a case-by-case basis.

• Returned Checks: A $40 returned check fee will apply to each instance of non-sufficient funds.

• Chargebacks: A $50 dispute fee will be assessed for any unauthorized chargeback, in addition to the original invoiced amount.

• Collections & Legal Fees: The Client is responsible for all costs incurred in the collection of unpaid balances, including attorney fees, court costs, and agency fees.

• Third-Party Costs: Expenses for third-party products or services (e.g., hosting, stock media, printing) are billed separately or must be prepaid, and may be subject to their own refund or cancellation policies.

Additional fees are enforceable upon occurrence and must be paid in full before services can continue or be delivered.

Chargeback Procedures

Clients are expected to resolve any billing concerns directly with the Company prior to initiating a chargeback. Initiating a chargeback without prior notice will be considered a material breach of agreement. The following terms apply:

• Pre-Dispute Communication: Clients must submit any billing disputes through the official support or ticket system before initiating a chargeback: https://client.mokoconsulting.tech/public/ticket/index.php?entity=1

• Dispute Resolution Timeline: Company will respond to initial dispute tickets within 72 hours.

• Penalties for Unauthorized Chargebacks:

• Immediate suspension of all services

• Dispute of the chargeback with supporting documentation

• Future payments restricted to certified funds only

• Reinstatement: Services will only be reinstated upon full payment of all outstanding balances, fees, and chargeback penalties. Reinstatement payments must be made via cash, money order, or check.

Unauthorized chargebacks are a violation of these terms and may result in permanent termination of service and referral to collections.

Returned or Cancelled Check Procedures

• Notification: The Client will be notified in writing (email or mail) within 5 business days of the return.
• Resolution Deadline: The returned check and associated fees must be resolved within 10 business days of notification.
• Accepted Payment Methods: Replacement payments must be made via credit/debit card, ACH transfer, or money order. Additional checks will not be accepted until the matter is resolved.
• Service Suspension: Services may be suspended until full payment is received.
• Future Restrictions: After two returned checks, the Client will be required to pay by certified funds or electronic payment methods only for all future transactions.

Failure to resolve returned check issues may result in contract termination, collections action, and additional fees.

Financing Options

The Company may offer financing to qualified clients. Terms must be documented in the formal agreement.

Standard Terms

The Company may offer financing or installment payment plans to qualified clients for eligible projects. The following terms apply unless otherwise agreed in writing:

4. Eligibility: Financing is subject to approval based on project scope, payment history, and other risk factors determined by the Company. 5. Initial Deposit: A non-refundable deposit is required before work begins. Financing does not waive this requirement. 6. Payment Schedule: Clients must adhere to the payment schedule as outlined in the agreement. Missed or late payments may result in service suspension or termination. 7. Failed Payments: Clients have 10 calendar days to resolve failed or declined payments. 8. Payment Method: All installment payments must be made via automatic debit or credit card unless otherwise authorized in writing.

Intellectual Property, Copyright, and Liability Assignment

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

Ownership

• Upon full payment of all fees due, the Client shall receive ownership of the final deliverables as defined in the agreement, including all associated intellectual property rights.

• If any deliverables are not legally considered work-for-hire, Company assigns all rights, title, and interest in those deliverables to the Client effective upon full payment.

Limitations and Usage Rights

• Company retains the right to use any deliverables, designs, or content created—including drafts, final versions, and screenshots—for the purpose of portfolio display, marketing, education, and promotional materials, unless restricted by a written confidentiality or non-disclosure agreement.

• Company retains ownership of all preliminary concepts, drafts, unused materials, templates, and proprietary tools used during development.

• Content may be AI-assisted without prior notice, and such assistance does not affect ownership rights once deliverables are fully paid for.

Client Responsibilities

• The Client affirms they have the legal right to use and provide all materials (e.g., images, videos, logos, copy) supplied to Company.
• The Client agrees to indemnify and hold harmless Company against any claims related to intellectual property infringement arising from Client-provided materials.

Liability Assignment

• Company disclaims liability for any use of deliverables outside of the intended scope outlined in the agreement.
• No warranties are made beyond the scope of the services explicitly described. Company is not liable for indirect or consequential damages.

Intellectual property rights are transferred only upon full payment and in accordance with these terms. Unauthorized use, modification, or distribution of unpaid or unlicensed work is strictly prohibited.

Confidentiality

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

Company Responsibilities

• Company will not disclose or share any Client data, business strategies, trade secrets, project materials, or personal information with third parties without the Client’s express written consent, unless required by law.
• Reasonable measures will be taken to safeguard all confidential information, including secure data handling and access controls.

Client Responsibilities

• The Client agrees not to disclose any proprietary methodologies, tools, pricing structures, project documents, or internal communications provided by Company to any third party without written permission.

Exceptions

Confidentiality obligations do not apply to information that:

• Was already lawfully known to the receiving party before disclosure
• Becomes publicly available through no fault of the receiving party
• Is independently developed without reference to the confidential information
• Is required to be disclosed by law, subpoena, or court order (with reasonable prior notice, when legally permitted)

These confidentiality obligations will remain in effect for a period of two (2) years

Disclaimer

The services, advice, and deliverables provided by Company are based on professional expertise, industry knowledge, and data available at the time of engagement. While we strive to offer accurate, effective, and tailored recommendations, we do not guarantee specific outcomes, performance results, or business success.

All decisions made by the Client based on our services are done at their own discretion and risk. Company is not liable for any loss, damage, or unfavorable result that may arise from the use or implementation of our work, recommendations, or materials.

The Client is solely responsible for evaluating the suitability of our services for their particular situation.

Limitation of Liability

To the fullest extent permitted by law, Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits or revenue
• Business interruption
• Loss of data
• Costs of substitute services
• Claims by third parties

This limitation applies regardless of the cause of action, whether in contract, tort (including negligence), strict liability, or otherwise—even if Company was advised of the possibility of such damages.

In all cases, Company's total cumulative liability under any agreement or service shall not exceed the total fees actually paid by the Client to Company in the three (3) months preceding the event giving rise to the claim.

This clause survives termination of the agreement and applies to all services rendered.

Third-Party Links

Our website and services may include links to websites, tools, or content provided by third parties. These links are provided for convenience and informational purposes only.

Company does not control, endorse, or assume responsibility for any third-party content, services, policies, or practices. Accessing or using third-party resources is done at your own risk, and any issues arising from their use are solely between you and the third party.

We encourage Clients to review the terms and privacy policies of any third-party sites before engaging with them.

Governing Law

These Terms of Service and any related agreements shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to its conflict of law provisions.

Any legal action, proceeding, or dispute arising from or relating to these terms shall be brought exclusively in the state or federal courts located in Montgomery County, Tennessee, and both parties consent to the personal jurisdiction and venue of those courts.

This section applies regardless of the Client’s location or method of access to the Company’s services.

Termination

Company reserves the right to suspend or terminate services at any time, with or without notice, in the event of:

• A breach of these Terms of Service or any signed agreement
• Non-payment or repeated late payments
• Fraudulent or unlawful activity
• Client conduct that interferes with the ability to provide services

Clients may also terminate the agreement by providing written notice, subject to any cancellation fees or outstanding payment obligations outlined in the service agreement.

Upon termination:

• All unpaid fees and outstanding invoices become immediately due
• Any licenses or rights granted to the Client under the agreement will be revoked unless otherwise stated
• Any deliverables not fully paid for remain the property of Company

Surviving Provisions: Sections related to payment obligations, intellectual property, confidentiality, limitation of liability, and dispute resolution shall survive termination of the agreement.

Termination of services does not release the Client from financial obligations or restrict Company from seeking legal or equitable remedies.

Force Majeure

Company shall not be held liable for any failure or delay in performing its obligations under this agreement if such failure or delay is caused by events beyond its reasonable control, including but not limited to:

• Acts of God (e.g., natural disasters, earthquakes, floods, storms)
• War, terrorism, or civil unrest
• Government orders or regulations
• Power outages or utility failures
• Labor strikes or shortages
• Epidemics, pandemics, or public health emergencies
• Internet or telecommunications breakdowns

In the event of a force majeure occurrence:

• Company will promptly notify the Client of the situation
• Both parties will work in good faith to resume services as soon as reasonably possible
• Deadlines may be adjusted or extended accordingly
• Either party may terminate the agreement without penalty if the force majeure event prevents performance for more than 30 consecutive days

Force majeure events excuse performance but do not excuse payment obligations for work already completed or non-refundable costs already incurred.

Independent Contractor

Company shall operate as an independent contractor in all engagements. Nothing in these terms shall be construed to create a partnership, joint venture, employer-employee relationship, or agency between Company and the Client.

• Company retains full control over the method, manner, and means of performing the agreed-upon services
• The Client is not responsible for providing benefits, insurance, taxes, or employment-related obligations to Company or its personnel. Company shall be solely responsible for all federal, state, and local taxes, insurance, and compliance associated with its personnel and operations.

Both parties acknowledge that they are entering into this agreement as independent and self-directed entities.

Non-Solicitation

To protect the integrity of its workforce and business relationships, Company requires that:

• The Client agrees not to solicit, hire, or engage directly or indirectly with any employee, contractor, or subcontractor of Company during the term of the agreement and for a period of twelve (12) months following the conclusion of services, without prior written consent.
• This restriction applies regardless of whether the individual’s engagement with Company was full-time, part-time, or project-based.

If a violation occurs, the Client agrees to pay Company a fee equal to 25% of the individual’s annualized compensation or project value, as liquidated damages—not as a penalty but as a reasonable estimate of losses.

This clause is intended to protect Company’s investments in recruitment, training, and service delivery.

Changes to Terms

Company reserves the right to modify, update, or replace these Terms of Service at any time. Changes may reflect updates in legal requirements, service offerings, policies, or operational practices.

• Any changes will be effective immediately upon posting on the Company’s website, unless otherwise specified.
• Clients are responsible for reviewing the Terms periodically to stay informed of any updates.
• Continued use of the Company’s website or services after changes are posted constitutes acceptance of the updated Terms.

If you do not agree to the modified Terms, you must discontinue use of our services and notify us in writing.

Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms of Service, the services provided, or any agreement between the Client and Company shall be resolved exclusively through binding arbitration.

• Arbitration shall be administered by a mutually agreed-upon arbitrator in accordance with the rules of the American Arbitration Association (AAA).
• The arbitration will take place in Montgomery County, Tennessee, unless otherwise agreed in writing.
• Each party shall bear its own legal fees, costs, and expenses, except as may be awarded by the arbitrator based on the circumstances of the case.
• The decision of the arbitrator shall be final and legally binding, and judgment may be entered in any court having jurisdiction.

This arbitration clause shall not prevent either party from seeking injunctive or equitable relief in a court of competent jurisdiction for matters such as unauthorized use of intellectual property or breach of confidentiality.

By agreeing to these terms, both parties waive the right to a jury trial or class action and agree to resolve disputes privately and efficiently through arbitration.

Software-as-a-Service (SaaS) Use

If Company provides access to any hosted platform, client portal, dashboard, or other software-based services ("SaaS Services"), the following terms apply:

SaaS Includes:

• Hosted CRM
• Hosted CMS
• Web Hosting

Access and Licensing

• Company grants the Client a non-exclusive, non-transferable, revocable license to access and use the SaaS Services solely for internal business use, as defined by the service agreement.
• Access is limited to authorized users specified by the Client and subject to usage limits or subscription tiers.

Restrictions

Clients may not:

• Modify, copy, reverse engineer, or create derivative works of the software
• Sell, rent, sublicense, or otherwise transfer access to third parties
• Use the software in violation of applicable laws or for any unlawful purposes
• Interfere with or disrupt system integrity or security

Service Availability

• Company makes commercially reasonable efforts to maintain 99% uptime, excluding scheduled maintenance or outages due to force majeure events.
• The Company reserves the right to modify or discontinue any SaaS features with reasonable notice.

Data and Termination

• The Client retains ownership of all data uploaded or generated through the SaaS platform.
• Upon termination of service, the Client may request a data export within 30 days, after which Company is not obligated to retain any client data.

Use of any SaaS platform or digital tool provided by Company constitutes acceptance of these terms and any related acceptable use policies or platform-specific terms.

Hosting Terms (DreamHost)

For any services provided by Company that involve website hosting, domain management, or email infrastructure through DreamHost, the Client agrees that DreamHost’s Terms of Service, Acceptable Use Policy, and related legal agreements take precedence over any conflicting terms contained herein.

• In the event of any conflict between Company’s Terms of Service and the terms set by DreamHost, DreamHost’s policies shall govern all matters related to hosting access, data use, performance, content restrictions, uptime guarantees, and enforcement actions.
• Company is not liable for any service limitations, terminations, or compliance actions taken by DreamHost under its own terms and policies.

DreamHost’s full legal terms are available at: https://www.dreamhost.com/legal/

Use of services hosted through DreamHost implies direct acceptance of their terms, regardless of Company’s internal policies.

CRM Services

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

Scope of CRM Services

• CRM services may include setup, customization, data migration, training, system integrations, and ongoing technical support.
• Services are tailored based on the Client’s selected platform (e.g., Dolibarr, HubSpot, Zoho, etc.) and project scope defined in the service agreement.

Data Responsibility

• The Client is solely responsible for the accuracy, legality, and security of all customer data imported into or managed through the CRM system. Company will not be liable for data loss, corruption, or unauthorized access resulting from user error, insecure credentials, or third-party vulnerabilities.

Platform Terms

• CRM services may involve third-party platforms. The Client agrees to comply with the terms and conditions of the selected CRM provider.
• Company is not liable for outages, restrictions, or changes made by the third-party CRM platform.

Ongoing Support and Access

• Unless otherwise stated in the agreement, CRM support is limited to the duration of the contracted service period.
• After project completion, further updates, training, or troubleshooting may require a separate support agreement or hourly billing.

Company aims to deliver functional, efficient CRM systems tailored to the Client’s workflow, but does not guarantee specific business outcomes or platform performance.

Acceptable Use Policy

By using Company's website, services, or software platforms, you agree to use them only for lawful, authorized, and ethical purposes. The following activities are strictly prohibited:

Prohibited Conduct

• Violating any applicable laws or regulations
• Infringing upon the intellectual property or rights of others
• Attempting to gain unauthorized access to systems, data, or networks
• Uploading or transmitting malware, viruses, or malicious code
• Engaging in harassment, abuse, hate speech, or discriminatory conduct
• Using services to spam, phish, or deceive others
• Attempting to disrupt, interfere with, or impair service functionality or security
• Circumventing service limitations, usage caps, or access controls

Mass Email & Spam Prohibition

• You may not use any service, hosting environment, or platform managed by Company to send unsolicited bulk emails (spam), including promotional messages, commercial solicitations, or mass email campaigns without verified opt-in consent.
• This includes using third-party tools or mail servers to route spam through Company-managed infrastructure.
• Violations may result in immediate service suspension, blacklisting, or termination without refund.

Enforcement

• Violations of this policy may result in suspension or termination of services without notice.
• Company reserves the right to investigate suspected violations and cooperate with legal authorities where required.
• Clients found in breach may also be subject to legal liability, remediation fees, or contract cancellation.

The Acceptable Use Policy ensures a safe, secure, and responsible environment for all users.

Affiliate Links

Company may include affiliate links in its website content, blog posts, newsletters, social media posts, or service recommendations.

• When you click on an affiliate link and make a purchase, Company may earn a commission or receive compensation at no additional cost to you.
• These links are provided for convenience and may reflect tools, platforms, or products we have used, evaluated, or believe to be valuable.

Company only promotes affiliate products or services that it believes are relevant and beneficial to its audience or clients. However, the final decision to purchase or engage with any affiliate offering is solely yours, and Company is not responsible for any third-party performance, guarantees, or outcomes.

By using our website or engaging with recommended services, you acknowledge and agree to this affiliate disclosure.

Electronic Signatures

The Client agrees that:

• Electronic signatures, digital acknowledgments, and electronic communications shall have the same legal effect as a handwritten signature, to the fullest extent permitted by law.
• This includes, but is not limited to, approvals via email, online form submissions, click-to-accept actions, and digital signature platforms (e.g., DocuSign, HelloSign, etc.).
• Both parties consent to conduct transactions electronically and to accept electronic records as legally binding.

The Client waives any objection to the validity or enforceability of an agreement solely because it was formed or executed electronically.

Privacy Policy

Company is committed to protecting your privacy. This policy outlines how we collect, use, store, and protect your personal information.

Information We Collect

We may collect the following types of information:

• Information you submit directly (e.g., name, email address, phone number, company name, form responses, support requests)
• Technical data (e.g., IP address, browser type, device info, cookies, usage logs)
• Transaction data (e.g., service history, invoice details, payment confirmations)

How We Use Your Information

We use the information we collect to:

• Provide and manage services
• Respond to inquiries or support requests
• Process payments and send invoices
• Improve our website, products, and customer experience
• Send administrative or service-related communications
• Send marketing or promotional messages (with your consent.

Information Sharing and Disclosure

We do not sell or rent your personal data. We may share your data only:

• With service providers and partners who help us operate our business (e.g., payment processors, email platforms)
• To comply with legal requirements or law enforcement
• To protect the rights, property, or safety of Company, its clients, or others

Data Security

We implement commercially reasonable measures to protect your data from unauthorized access, alteration, or loss. However, no online system is completely secure, and we cannot guarantee absolute security.

Cookies and Tracking

Our website uses cookies and similar technologies for performance, analytics, and personalization. By using our site, you consent to the use of cookies. You may disable cookies through your browser settings.

Your Rights

You have the right to:

• Request access to or correction of your data
• Request deletion of your data (subject to retention policies)
• Opt out of marketing emails at any time by clicking "unsubscribe" in our messages

To exercise these rights, please contact us using the information below.

Data Retention

We retain personal data only for as long as necessary to provide services, fulfill legal obligations, or enforce agreements.

Policy Updates

This Privacy Policy may be updated from time to time. Updates will be posted on our website with an updated effective date. Continued use of our services constitutes acceptance of any changes.

Important Privacy Links

• Privacy Information Request: https://mokoconsulting.tech/privacy-request
• Privacy Data Processing: https://mokoconsulting.tech/privacy-data

Contact

If you have any questions, concerns, comments, or suggestions regarding these Terms of Service, our Privacy Policy, or any other aspect of our services, please contact us using the information below:

• Phone:

  ‪(931) 279-6313‬

• Support Portal: https://client.mokoconsulting.tech/public/ticket/index.php?entity=1
• Compliance or Legal Inquiries: (if applicable)

We aim to respond to all support requests within 1–2 business days. For urgent matters, please contact us by phone during normal business hours.