1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and Channel Consultants LTDA ("Company," "we," "our," or "us") regarding your use of our website channel-consultants.com and our professional consulting services.
By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or services.
2. Description of Services
2.1. Consulting Services
Channel Consultants provides AI-augmented channel strategy consulting services, including but not limited to:
- Channel strategy development and optimization
- Partner enablement and training programs
- LATAM market entry consulting
- AI-powered sales transformation
- Market intelligence and competitive analysis
- Revenue optimization strategies
- Digital transformation consulting
2.2. Website Services
- Educational content and resources
- Industry insights and thought leadership
- Contact and communication tools
- Newsletter and content subscriptions
3. Eligibility and Account Registration
3.1. Eligibility
Our services are intended for:
- Business entities and their authorized representatives
- Individuals 18 years of age or older
- Users with legal authority to bind their organization
3.2. Account Information
When creating an account or engaging our services, you agree to:
- Provide accurate, current, and complete information
- Maintain and update your information as necessary
- Be responsible for maintaining account confidentiality
- Notify us immediately of any unauthorized access
4. Professional Services Engagement
4.1. Service Agreements
Specific consulting engagements will be governed by separate Service Agreements or Statements of Work (SOW) that detail:
- Scope of work and deliverables
- Timeline and milestones
- Fees and payment terms
- Confidentiality provisions
- Intellectual property arrangements
4.2. Client Responsibilities
Clients agree to:
- Provide timely access to necessary information and personnel
- Make decisions and provide feedback within agreed timeframes
- Cooperate in good faith throughout the engagement
- Pay all fees according to agreed terms
5. Intellectual Property Rights
5.1. Our Intellectual Property
We retain all rights, title, and interest in:
- Our proprietary methodologies and frameworks
- AI models and algorithms developed by us
- Website content, design, and branding
- Pre-existing intellectual property
- General knowledge and experience gained
5.2. Client Intellectual Property
Clients retain ownership of:
- Pre-existing intellectual property
- Confidential business information
- Data and information provided to us
5.3. Work Product
Deliverables created specifically for clients will be addressed in individual Service Agreements, typically granting clients usage rights while preserving our right to use general methodologies and learnings.
6. Payment Terms and Fees
6.1. Consulting Fees
- Fees are specified in individual Service Agreements
- Payment terms are typically net 30 days
- Late payments may incur interest charges
- Currency may be USD or BRL as agreed
6.2. Expenses
- Travel and accommodation expenses billed separately
- Technology and software costs as specified
- Third-party services with client pre-approval
7. Confidentiality and Non-Disclosure
7.1. Mutual Confidentiality
Both parties agree to:
- Maintain strict confidentiality of proprietary information
- Use confidential information only for authorized purposes
- Implement appropriate security measures
- Return or destroy confidential information upon request
7.2. Exceptions
Confidentiality obligations do not apply to information that:
- Is publicly available through no breach of these Terms
- Was known prior to disclosure
- Is independently developed without use of confidential information
- Must be disclosed under legal requirement
8. Limitation of Liability
8.1. Disclaimer of Warranties
Our services are provided "as is" without warranties of any kind, express or implied. We disclaim all warranties including merchantability, fitness for a particular purpose, and non-infringement.
8.2. Limitation of Damages
To the maximum extent permitted by law, our total liability shall not exceed the amount paid by the client for the specific services giving rise to the claim. We shall not be liable for:
- Indirect, incidental, or consequential damages
- Lost profits or business opportunities
- Data loss or corruption
- Third-party claims or damages
9. Termination
9.1. Termination Rights
- Either party may terminate with 30 days written notice
- Immediate termination for material breach
- Termination for insolvency or bankruptcy
9.2. Effect of Termination
- Payment obligations survive for work completed
- Confidentiality provisions remain in effect
- Return of confidential materials
- Transition assistance as mutually agreed
10. Acceptable Use Policy
10.1. Prohibited Uses
You may not use our website or services to:
- Violate any applicable laws or regulations
- Transmit malware or harmful code
- Attempt unauthorized access to our systems
- Interfere with website functionality
- Harvest user data or contact information
- Impersonate others or misrepresent affiliations
11. Privacy and Data Protection
Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our services, you consent to our data practices as described in the Privacy Policy.
12. Force Majeure
Neither party shall be liable for delays or failures in performance due to circumstances beyond reasonable control, including natural disasters, acts of government, labor disputes, or technology failures.
13. Governing Law and Dispute Resolution
13.1. Governing Law
These Terms shall be governed by the laws of Brazil, without regard to conflict of law principles.
13.2. Dispute Resolution
- Negotiation: Good faith discussions for 30 days
- Mediation: Non-binding mediation if negotiation fails
- Arbitration: Binding arbitration under AAA Commercial Rules
- Venue: Vitória, Espírito Santo, Brazil
14. Modifications to Terms
We may modify these Terms at any time by posting updated Terms on our website. Changes become effective 30 days after posting. Continued use of our services constitutes acceptance of modified Terms.
14.1. Notification of Changes
- Website posting with effective date
- Email notification to registered users
- Prominent website notice for material changes
15. Severability and Entire Agreement
15.1. Severability
If any provision of these Terms is found invalid or unenforceable, the remainder shall continue in full force and effect.
15.2. Entire Agreement
These Terms, together with our Privacy Policy and any applicable Service Agreements, constitute the entire agreement between the parties.
16. Contact Information
Questions about these Terms should be directed to:
- Legal Department: admin@channel-consultants.com
- General Contact: admin@channel-consultants.com
- Address: Vitória, ES, Brazil
- Phone: Available upon request for business inquiries
17. Professional Standards
As professional consultants, we adhere to high ethical standards and may be subject to professional licensing requirements in various jurisdictions. We maintain professional liability insurance appropriate to our service offerings.