TERMS & CONDITIONS

Effective Date: [Insert Date]
Last Updated: [Insert Date]

These Terms and Conditions (“Terms”) govern access to and use of the website and professional services provided by mccloudCo Technologies (“Company,” “we,” “us,” or “our”). By accessing our website or engaging our services, you agree to be bound by these Terms.

Scope of Services

mccloudCo Technologies provides professional consulting and managed services, including but not limited to:

• HubSpot CRM consulting, implementation, optimization, and support
• Salesforce consulting, configuration, integration, and administration
• IT consulting, managed IT services, cloud strategy, and cybersecurity advisory
• CRM and IT data migration, automation, and system integrations
• Virtual CIO (vCIO) and strategic IT advisory services
• Training, enablement, and ongoing operational support

Specific services, deliverables, timelines, and fees are defined in a mutually executed Statement of Work (SOW), Master Services Agreement (MSA), or Service Agreement.

Engagement & Acceptance

Services commence only after:

• Written acceptance of a proposal, SOW, or agreement, and
• Receipt of any required deposit or initial payment.

The Company reserves the right to refuse, suspend, or terminate services for non-payment, misuse, security concerns, or violations of these Terms.

Client Responsibilities

Clients agree to:

• Provide accurate, complete, and timely information
• Grant appropriate system, platform, and account access
• Designate an authorized decision-maker
• Review deliverables and provide feedback within agreed timelines

Fees, Invoicing & Payment Terms

• Fees are outlined in the applicable agreement
• Invoices are typically issued Net 30, unless otherwise stated
• Late payments may incur interest as permitted under Georgia law
• Services may be suspended for overdue balances

All fees are non-refundable unless explicitly stated in writing.

Change Management & Scope Control

Any services outside the agreed scope require:

• A written change request
• Mutual approval of revised scope, timeline, and fees

The Company is not obligated to perform out-of-scope work without written authorization.

Intellectual Property Rights

Company Intellectual Property

All methodologies, templates, frameworks, documentation, workflows, automation logic, and proprietary materials remain the exclusive intellectual property of the Company unless otherwise agreed in writing.

Client Intellectual Property

Clients retain ownership of their pre-existing data, systems, and intellectual property.

Deliverables

Upon full payment, the client is granted a non-exclusive, non-transferable, internal-use license to deliverables.

Third-Party Platforms & Software

The Company may configure or integrate third-party platforms including CRM systems, cloud providers, and security tools.

• The Company is not responsible for third-party outages, changes, pricing, or limitations
• Clients are responsible for maintaining valid licenses and subscriptions
• No guarantee is made regarding third-party platform performance

Confidentiality & Data Protection

Both parties agree to:

• Maintain confidentiality of non-public, proprietary, or sensitive information
• Use reasonable administrative, technical, and physical safeguards

The Company is not responsible for security incidents caused by third-party platforms or client-managed systems.

HIPAA Compliance (When Applicable)

If services involve Protected Health Information (PHI) as defined by the Health Insurance Portability and Accountability Act (HIPAA):

• The Company will act as a Business Associate
• A separate Business Associate Agreement (BAA) must be executed before PHI access
• The Company will implement administrative, physical, and technical safeguards consistent with HIPAA requirements

The Company is not responsible for HIPAA violations caused by:

• Client misconfiguration
• Inadequate internal policies
• Unauthorized access outside Company control

SOC 2 & Security Practices

The Company follows security best practices aligned with SOC 2 Trust Services Criteria, including:

• Access controls and least-privilege principles
• Secure credential handling
• Change management and audit logging
• Incident response and escalation procedures

GDPR & International Data Protection

For clients subject to the General Data Protection Regulation (GDPR):

• The Company acts as a Data Processor, and the client acts as the Data Controller
• Personal data is processed only per documented client instructions
• Data Processing Agreements (DPA) are available upon request

Clients are responsible for:

• Lawful data collection and consent

• Data subject rights management

• Privacy disclosures

Warranties & Disclaimers

Services are provided “as is” and “as available.”
The Company makes no guarantees regarding business outcomes, revenue, system uptime, or performance improvements.

All implied warranties are disclaimed to the fullest extent permitted by law.

Limitation of Liability

To the maximum extent permitted under Georgia law:

• Total liability shall not exceed the fees paid in the six (6) months preceding the claim
• The Company is not liable for indirect, incidental, consequential, or punitive damages

Indemnification

Clients agree to indemnify and hold harmless the Company from claims arising from:

• Client misuse of services or deliverables
• Violations of law or third-party rights
• Unauthorized system access provided by the client

Termination

Either party may terminate an engagement per the applicable agreement or with written notice if no term is specified.

Upon termination:

• All outstanding fees become immediately due
• Access to services and deliverables may be revoked

Non-Solicitation

During the engagement and for twelve (12) months thereafter, clients may not solicit or hire Company personnel without written consent.

Force Majeure

The Company is not liable for delays or failures caused by events beyond reasonable control, including natural disasters, cyber incidents, government actions, or third-party outages.

Governing Law & Venue (Georgia)

These Terms are governed by the laws of the State of Georgia, without regard to conflict-of-law principles.
Exclusive venue shall be in state or federal courts located in Georgia.

Modifications

The Company may update these Terms at any time. Updates will be posted with a revised “Last Updated” date. Continued use constitutes acceptance.

Contact Information

mccloudCo Technologies
Email: support@[yourcompany].com
Phone: [XXX-XXX-XXXX]
Address: [Georgia Business Address]