Terms of Service

Professional consulting agreement governing the use of our services, website, and business automation solutions.

Last updated:

Overview

These Terms of Service ("Terms") govern your use of Purcell Analytics' website, consulting services, and business automation solutions. By engaging our services or using our website, you agree to be bound by these terms.

Professional Consulting Agreement: These terms serve as our master service agreement for consulting engagements. Individual projects may require additional specific agreements or statements of work.

Important Notice: Please read these terms carefully before engaging our services. By proceeding with any consultation or project, you acknowledge that you have read, understood, and agree to be bound by these terms.

Definitions

For the purposes of these Terms of Service:

  • "Company," "we," "us," or "our" refers to Purcell Analytics, located in Overland Park, KS, United States.
  • "Client," "you," or "your" refers to the individual or business entity engaging our services.
  • "Services" refers to our consulting, automation, NetSuite customization, and related professional services.
  • "Website" refers to purcellanalytics.com and all related subdomains.
  • "Agreement" refers to these Terms of Service and any additional project-specific agreements.
  • "Deliverables" refers to any work product, documentation, code, or solutions provided as part of our services.
  • "Confidential Information" refers to any non-public business information shared during our engagement.

Our Services

Consulting Services

Purcell Analytics provides professional consulting services including:

  • Business Process Automation: Workflow optimization and automation strategy
  • NetSuite Customization: SuiteScript development, workflow configuration, and ERP optimization
  • API Integration: Custom integrations between business systems and third-party applications
  • Custom Software Development: Web applications, dashboards, and automation tools
  • Data Analytics & Reporting: Business intelligence solutions and automated reporting systems

Service Delivery

Our services are provided on a project basis or through ongoing consulting arrangements. All services are subject to:

  • Detailed project scoping and requirements gathering
  • Written statements of work or project agreements
  • Agreed-upon timelines and milestones
  • Regular communication and progress updates

Service Limitations: Our services are advisory and technical in nature. We do not provide legal, financial, or accounting advice. All automation and customization recommendations should be reviewed with your internal teams and other professional advisors as appropriate.

Client Responsibilities

Information and Access

To deliver effective services, clients must provide:

  • Accurate Information: Complete and truthful information about business processes, requirements, and constraints
  • System Access: Appropriate access to systems, applications, and data necessary for project completion
  • Stakeholder Participation: Timely participation from key stakeholders and decision-makers
  • Feedback and Approval: Prompt review and approval of deliverables and project milestones

Environment and Testing

Clients are responsible for:

  • Providing appropriate development and testing environments
  • Conducting user acceptance testing of delivered solutions
  • Backup procedures and data protection during development
  • Training internal staff on new processes and systems

Communication

Effective project delivery requires clients to:

  • Respond to communications within agreed-upon timeframes
  • Participate in scheduled meetings and project reviews
  • Escalate issues or concerns promptly
  • Provide clear and timely feedback on deliverables

Payment Terms

Fees and Billing

  • Project Fees: Based on agreed-upon statements of work with fixed or time-and-materials pricing
  • Retainer Services: Monthly fees for ongoing consulting and support
  • Payment Terms: Net 30 days from invoice date unless otherwise agreed
  • Late Fees: 1.5% per month on overdue balances

Expenses

Client will reimburse reasonable expenses including:

  • Travel costs when required for on-site work
  • Third-party software licenses or subscriptions
  • Hosting and infrastructure costs for delivered solutions

Refunds and Cancellations

  • Completed work is non-refundable
  • Projects may be cancelled with 30-day written notice
  • Cancellation fees may apply based on work completed and commitments made

Intellectual Property

Client-Specific Deliverables

Upon full payment, clients receive:

  • Ownership of custom code and configurations developed specifically for their business
  • Rights to use and modify delivered solutions within their organization
  • Documentation and training materials created for their specific implementation

Purcell Analytics Property

We retain ownership of:

  • Proprietary methodologies, frameworks, and best practices
  • Reusable code libraries and components
  • General knowledge and experience gained during projects
  • Our brand, trademarks, and marketing materials

Third-Party Components

Solutions may incorporate third-party components subject to their respective licenses. Clients are responsible for compliance with all applicable license terms.

Confidentiality

Mutual Confidentiality

Both parties agree to maintain confidentiality of:

  • Business processes, strategies, and proprietary information
  • Technical specifications and system configurations
  • Financial information and business metrics
  • Any information marked or identified as confidential

Data Security

We implement appropriate security measures to protect client data:

  • Secure communication channels and file transfer
  • Access controls and authentication requirements
  • Regular security updates and monitoring
  • Compliance with applicable data protection regulations

Exceptions

Confidentiality obligations do not apply to information that:

  • Is publicly available or becomes public through no breach of this agreement
  • Was known prior to disclosure or learned independently
  • Must be disclosed by law or court order

Liability Limitations

Important Legal Notice: The following limitations are essential to our ability to provide cost-effective consulting services. Please review carefully.

Limitation of Liability

Our total liability for any claims arising from our services shall not exceed the total fees paid by the client for the specific project or engagement giving rise to the claim.

Excluded Damages

We shall not be liable for:

  • Indirect, incidental, or consequential damages
  • Loss of profits, revenue, or business opportunities
  • Data loss or corruption not directly caused by our actions
  • Third-party claims or system integration issues
  • Client's failure to implement recommendations properly

Professional Standards

Our services are provided in accordance with generally accepted industry standards. We make no warranties regarding:

  • Specific business outcomes or return on investment
  • Compatibility with future system updates or changes
  • Performance in all possible environments or configurations

Project Terms

Scope Changes

Project scope changes require:

  • Written approval from both parties
  • Updated timeline and cost estimates
  • Formal change order documentation

Project Delays

Timelines may be adjusted for:

  • Client-requested changes or delays in providing information
  • Third-party system issues or dependencies
  • Force majeure events beyond our reasonable control

Acceptance and Support

  • Deliverables are deemed accepted unless client objects within 10 business days
  • Post-project support is available under separate agreement
  • Warranty period for defect correction is 90 days from acceptance

Termination

Termination for Convenience

Either party may terminate an engagement with 30-day written notice. Upon termination:

  • Client pays for all work completed through termination date
  • We deliver all completed deliverables
  • Both parties return confidential information

Termination for Cause

Either party may terminate immediately for:

  • Material breach of agreement terms
  • Non-payment of fees (after 30-day cure period)
  • Violation of confidentiality obligations

Effect of Termination

Termination does not affect:

  • Payment obligations for work performed
  • Confidentiality and intellectual property provisions
  • Limitation of liability terms

Website Usage Terms

Permitted Use

Our website is provided for informational purposes. You may:

  • Browse content and download publicly available resources
  • Subscribe to our newsletter and blog updates
  • Contact us through provided forms and methods
  • Share content with proper attribution

Prohibited Activities

You may not:

  • Copy, reproduce, or redistribute content without permission
  • Use automated tools to scrape or download content
  • Attempt to gain unauthorized access to systems
  • Submit false or misleading information

Content Disclaimer

Website content is for informational purposes only and does not constitute professional advice for your specific situation.

Governing Law & Disputes

Governing Law

These terms are governed by the laws of Kansas, United States, without regard to conflict of law principles.

Dispute Resolution

Disputes will be resolved through:

  1. Good Faith Negotiation: Direct discussion between parties for 30 days
  2. Mediation: Non-binding mediation with mutually agreed mediator
  3. Litigation: Courts of Kansas if other methods fail

Severability

If any provision is found unenforceable, the remainder of these terms remain in full effect.

Contact Information

Questions about these Terms of Service or our services? We're here to help:

Questions About Our Terms?

Contact us to discuss your project needs or clarify any terms.

legal@purcellanalytics.com Start a Project

Business Information

  • Company: Purcell Analytics
  • Location: Overland Park, KS 66207, United States
  • Email: hello@purcellanalytics.com
  • Phone: Available upon project engagement

Updates to Terms

We may update these terms periodically. Material changes will be communicated via:

  • Email notification to active clients
  • Prominent notice on our website
  • Updated "Last modified" date on this page