These Terms of Service ("Terms") govern your access to and use of the website, communications, and services of Empire Business Solutions & Advertising ("EBS," "we," "us," or "our"). By accessing our website, submitting a form, or engaging our services, you agree to be bound by these Terms. If you do not agree, please do not use our website or services.
1. Eligibility & Acceptance
You must be at least 18 years old and have the legal authority to enter into a binding agreement to use our website or services. By using our website, you represent and warrant that you meet these requirements and that the information you provide is accurate and complete.
2. Description of Services
Empire Business Solutions & Advertising provides consulting services, business diagnostics, operational systems implementation, customer relationship management (CRM) setup, automation services, AI-assisted business systems, reporting infrastructure, and related professional services to home-service, local service, and similar businesses.
Specific deliverables, timelines, scope, and pricing for any engagement will be set forth in a separate written proposal, statement of work, or service agreement signed by both parties (the "Service Agreement"). In the event of any conflict between these Terms and a Service Agreement, the Service Agreement shall control with respect to the specific engagement.
3. Diagnostic Services
The Business Growth & Revenue Leak Diagnostic is a one-time service priced at $495. Payment is due in full at the time of booking. The diagnostic is non-refundable once work has begun. The diagnostic fee may be credited toward implementation services if the client engages such services within thirty (30) days of diagnostic delivery, at our sole discretion and subject to the terms of the implementation Service Agreement.
4. Implementation Services
Implementation engagements are priced individually based on scope, complexity, and tier. Implementation services are typically billed 50% upon engagement kickoff and 50% upon delivery, unless otherwise stated in the applicable Service Agreement. All implementation work is performed against the scope defined in the Service Agreement; out-of-scope work requires a written change order and may incur additional fees.
5. Monthly Support Services
Monthly support services are billed in advance on a recurring basis, beginning on the date of engagement. The minimum initial term for monthly support is three (3) months. Following the minimum term, service continues on a month-to-month basis until canceled by either party with at least thirty (30) days' prior written notice. Fees paid for the current month are non-refundable upon cancellation.
6. Payment Terms
- All fees are payable in U.S. dollars unless otherwise specified.
- Payments are processed via secure third-party payment processors. We do not store full payment card information on our systems.
- Invoices are due upon receipt unless otherwise specified in the Service Agreement.
- Past-due accounts may incur a late fee of 1.5% per month on outstanding balances, or the maximum permitted by law, whichever is less.
- We reserve the right to suspend or terminate services for any account with past-due balances exceeding thirty (30) days.
7. Client Responsibilities
Engagement of our services requires timely cooperation from the client, including:
- Providing accurate and complete information about your business and operations
- Providing reasonable access to relevant systems, accounts, and personnel as needed
- Responding to requests for information, approvals, and feedback in a timely manner
- Maintaining valid licenses and subscriptions for any third-party platforms used in your implementation (e.g., CRM, communication tools)
Delays in client cooperation may result in adjusted timelines or additional fees, at our reasonable discretion.
8. No Guarantee of Specific Results
While we work diligently to deliver high-quality services, we do not guarantee any specific revenue, business outcome, return on investment, or operational result from our services. Outcomes depend on numerous factors outside our control, including your market, team, offering, execution, and economic conditions. Any case studies, examples, or projections discussed are illustrative and not promises of similar results.
9. Intellectual Property
All website content, including text, graphics, logos, designs, and the underlying methodologies, frameworks, templates, and proprietary systems developed by EBS, are the intellectual property of Empire Business Solutions & Advertising and protected by applicable intellectual property laws.
Upon full payment for an engagement, the client receives a perpetual, non-exclusive, non-transferable license to use the specific implementations and documentation delivered as part of that engagement within the client's own business. The client does not acquire rights to EBS's underlying methodologies, frameworks, or templates beyond use within the specific delivered implementation.
10. Confidentiality
Both parties agree to maintain the confidentiality of any non-public information shared during the course of an engagement. EBS will not disclose client business information to third parties except as necessary to perform services, with client consent, or as required by law.
11. Disclaimer of Warranties
Our website and services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the website will be uninterrupted, error-free, or free of harmful components.
12. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Empire Business Solutions & Advertising, its owners, officers, employees, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost revenue, lost data, or business interruption, arising out of or related to your use of our website or services, regardless of the legal theory.
In no event shall our total aggregate liability arising from or relating to any engagement exceed the total fees paid by the client to EBS during the three (3) months preceding the event giving rise to the claim.
13. Indemnification
You agree to indemnify, defend, and hold harmless Empire Business Solutions & Advertising and its owners, officers, employees, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your breach of these Terms, your misuse of the website or services, or your violation of any applicable law.
14. Termination
Either party may terminate an engagement in accordance with the terms of the applicable Service Agreement. We reserve the right to suspend or terminate access to our website or services at any time for any reason, including violation of these Terms. Provisions of these Terms that by their nature should survive termination shall survive, including intellectual property, confidentiality, limitation of liability, and dispute resolution.
15. Governing Law & Jurisdiction
These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws principles. Any disputes arising out of or related to these Terms or our services shall be brought exclusively in the state or federal courts located in Westchester County, New York, and you consent to the jurisdiction of such courts.
16. Changes to These Terms
We may modify these Terms at any time by posting the updated Terms on this page with a revised "Last updated" date. Continued use of our website or services after changes constitutes acceptance of the updated Terms. Material changes will be communicated through prominent notice on our website or by email where appropriate.
17. Entire Agreement
These Terms, together with any applicable Service Agreement and our Privacy Policy, constitute the entire agreement between you and Empire Business Solutions & Advertising regarding the subject matter hereof, and supersede all prior agreements and understandings.
18. Severability
If any provision of these Terms is held to be unenforceable, the remaining provisions shall remain in full force and effect, and the unenforceable provision shall be modified to the minimum extent necessary to make it enforceable.
19. Contact Us
For questions about these Terms, please contact:
Empire Business Solutions & Advertising
Westchester County, NY
Email: jsealy@empirebussolutions.com
Phone: 914-357-5129