TERMS OF SERVICE
1. Agreement to Terms
By engaging Cohensa, LLC (“Cohensa,” “we,” “our,” “us”), you agree to be bound by these Terms of Service (“Terms”) and any supplemental terms (“Service Terms”) provided for specific services or projects. If these Terms conflict with any Service Terms, the Service Terms will control for that specific service.
2. Services Provided
We provide financial operations, business operations, and people operations services (“Services”) to U.S.-based clients, on both project and ongoing subscription bases.
3. Service Fees & Out-of-Scope Work
All fees are outlined in your signed agreement or invoice and are non-refundable.
Fees are billed either upfront or monthly in advance.
We may invoice for out-of-scope work not included in your service plan. Unless otherwise agreed, out-of-scope work will be billed at our then-current hourly or flat rates.
Rates are subject to change with 30 days’ notice. Continued use of Services after notice constitutes acceptance of the new rates.
You are responsible for any applicable taxes.
4. Client Responsibilities
You must provide timely access to all data, reports, and documentation we need to perform Services (“Access”).
Delays or failure to provide Access do not pause billing.
If Access is not provided for 90 consecutive days, we may terminate your agreement with no refund.
You must designate an authorized “Account Administrator” who can act and make decisions on your behalf. Actions taken by this person (or anyone reasonably believed to be authorized) are binding.
You are solely responsible for the accuracy and completeness of all information provided to us and for reviewing all deliverables promptly for errors.
We are not responsible for consequences resulting from inaccurate or incomplete information you provide.
5. Third-Party Services & Recommended Software
We may recommend or integrate third-party services or software. You authorize us to share necessary data with those providers.
We are not responsible for any issues caused by third-party services.
If you choose not to use our recommended software, you do so at your own risk, and we are not liable for any losses, scams, or fraud that occur as a result.
6. Intellectual Property
Unless otherwise agreed in writing, all materials we create remain our property.
We may use anonymized examples of our work for marketing purposes.
You may not copy, reproduce, scrape, reverse-engineer, or resell our materials without written consent.
7. Non-Solicitation
For 12 months after termination of our Services, you will not directly or indirectly solicit for employment, hire, or contract with any current or former employee, contractor, or subcontractor of Cohensa without our prior written consent.
8. No Guarantees & Warranties Disclaimer
Services are provided “as is” without warranties of any kind.
We do not guarantee specific results or uninterrupted, error-free service.
We are not responsible for errors caused by inaccurate information you provide, third-party services, or actions you authorize.
9. Indemnification
You agree to indemnify and hold harmless Cohensa and our team from any claims, losses, or expenses arising from:
Your use of our Services,
Data or instructions you provide,
Your breach of these Terms or applicable law, or
Your negligence, fraud, or willful misconduct.
10. Limitation of Liability
To the fullest extent allowed by law:
Our total liability is limited to the amount you paid us in the 12 months before the claim.
We are not liable for indirect, incidental, consequential, or punitive damages, including loss of profits, data, or goodwill.
11. Termination & Suspension
Either party may terminate with 30 days’ written notice.
We may immediately suspend or terminate Services for non-payment, suspected fraud, violation of these Terms, or actions likely to harm Cohensa.
Termination does not relieve you of payment for Services already rendered.
12. Changes to Terms or Services
We may modify these Terms at any time by posting an updated version on our website. Continued use of Services after changes take effect constitutes acceptance. We may also modify or discontinue Services at our discretion.
13. Force Majeure
We are not liable for delays or failures caused by events beyond our control, including natural disasters, changes in law, labor disputes, pandemics, technology failures, acts of hackers, ISP issues, or actions of third parties.
14. Assignment
You may not assign your rights or obligations without our written consent. We may assign this agreement without restriction.
15. Notices
We will send official notices to the email you provide or post them on our website. Notices sent by email are considered received the day they are sent.
16. Governing Law & Dispute Resolution
These Terms are governed by North Carolina law.
Disputes will first be addressed in good faith between the parties.
If unresolved, disputes will be settled by binding arbitration in North Carolina under the rules of the American Arbitration Association.
Both parties waive the right to a jury trial and agree not to participate in class actions related to these Terms.