TERMS & CONDITIONS OF SERVICE

Version: 2.0 (Website Publication)
Last Updated: 2025.02.01
 

1. Introduction

Welcome to Experience Innovation Consulting Inc. (“we,” “us,” or “our”). These Terms & Conditions of Service (“T&C”) provide a high-level overview of how we engage with clients. They cover both:

• Past or ongoing work where no Master Services Agreement (MSA) was in place.

• General website-published rules for potential or future clients wanting clarity on our procedures, confidentiality, and disclaimers.
   

For new or future engagements, we require a Master Services Agreement (MSA) along with Project-Specific Statements of Work (SOW). The MSA governs in case of any conflict between these T&Cs and the MSA.
 

2. Scope of Services

1. Consulting Overview

   • We offer change management consulting, innovation workshop facilitation, lean management coaching, project management platform setup (e.g., Asana), AI content tool training (e.g., Jasper.ai), and other management or strategic services.

2. Project-Specific Details

   • SOWs define the precise deliverables, timelines, and fees for future engagements.

   • For past or ongoing work without an MSA, these T&Cs outline the broad responsibilities and disclaimers.
      

3. Payment Terms

Necessary: All fees and costs described in any engagement are non-refundable. This applies to older engagements (lacking an MSA) and future ones where the MSA controls the specifics.

1. Fee Structures

   • Legacy or Ongoing Work: If no MSA was signed, any deposit schedules or milestone fees previously agreed remain non-refundable upon cancellation.

   • Future Work (Under MSA): See the MSA Payment & Fee Schedule (Appendix E) or SOW for the exact milestone breakdown, discount options (e.g., 10% off for paying in full upfront), and late-payment interest rates.

2. Refund Policy

   • No Refunds: Once funds are paid, they are strictly non-refundable, including cancellations, partial project scope reductions, or other terminations.

   • Adjustments: Timelines or deliverables may be adjusted with mutual written agreement, but no refunds are issued.

3. Currency & Late Payment

   • Unless agreed otherwise, all quotes are in CAD for Canadian Clients and USD for American Clients.

   • Overdue invoices may incur interest at 1% per month or the maximum rate allowed by Alberta law, whichever is lower.
      

4. Client Obligations

1. Access & Cooperation

   • For efficient project completion, clients provide timely feedback, data access, and relevant resources.

2. Project Input

   • Failure to give necessary information or approvals can extend timelines or require change orders (see “Change Management” below).
      

5. Change Management & Performance Metrics

1. Changes to Scope

   • Any request to expand or reduce deliverables must be documented in writing and captured via Change Order, attached to the governing MSA & SOW.

   • For future engagements, the MSA’s Change Order process applies.

2. Performance Evaluation

   • Specific success metrics or KPIs may appear in an SOW for new projects. If none exists, we strive to achieve reasonable consulting objectives as discussed with the client.
      

6. Data Protection & Confidentiality

1. Reference to Existing Policies

   • We adopt a comprehensive approach to data handling as detailed in our Data Handling & Protection Policy (v1.1) and Privacy & Cookies Policy (v1.3).

   • We also follow the Data Breach Response Policy (v2.1), which outlines how we react to unauthorized data disclosures or misuse.

2. Brief Summary

   • We collect and use only the data needed to perform services lawfully and ethically.

   • We implement encryption, secure storage (e.g., Google Workspace), and role-based access.

   • We abide by PIPEDA (Canada), GDPR (Europe), CCPA/CPRA (California), and other relevant data protection laws.

3. Client Confidential Information

   • We treat client information as confidential and do not disclose it without express permission or legal requirement.

   • NDAs or Data Processing Agreements under an MSA may further define these obligations.

4. No Overlap

   • If data protection or confidentiality terms in these T&Cs conflict with the MSA or its appendices (NDA, DPA), the MSA/appendix terms take precedence.
      

7. Liability & Indemnification

1. Legacy Work

   • For older engagements without an MSA, Experience Innovation Consulting Inc.'s liability is limited to the fees paid for that specific project or service. We are not liable for indirect or consequential damages.

   • The client agrees to indemnify us against third-party claims arising from any misuse or alteration of our deliverables.

2. New Engagements

   • Where an MSA is signed, it defines liability limits, indemnification, and disclaimers. These T&Cs do not override MSA terms if a conflict arises.
      

8. Dispute Resolution

1. Governing Law

   • These T&Cs (and any prior works not covered by an MSA) are governed by the Province of Alberta under Canadian laws.

2. Conflict with MSA

   • For new or future engagements governed by an MSA, that MSA’s chosen dispute resolution mechanism prevails.

3. Legacy Projects

   • If a dispute arises from older work without an MSA, both parties agree to try good-faith discussions and, if direct resolution fails, move to mediation or arbitration in Calgary, AB.
      

9. Publications & Marketing

• We reserve the right to mention our consulting services in a generic or anonymized form for marketing unless the client explicitly requests otherwise.

• No client-specific details or proprietary info will be disclosed without permission.
   

10. Amendments

• We may update these T&Cs periodically for clarity or to align with changes in our overarching policies and procedures.

• Major changes impacting fees or disclaimers will be published on our website. Clients are responsible for reviewing updated T&Cs.
   

11. No Refund Clause

• All fees and costs paid to Experience Innovation Consulting Inc. are non-refundable.

• This applies to both older and future engagements and partial completions, early terminations, or scope reductions.
   

12. Signatures (Optional)

Since new projects will follow the MSA, formal signatures on these T&Cs are typically unnecessary. However, for older or legacy clients, acceptance of these T&Cs may be indicated by continuing to use our services or by sending written confirmation (email acceptance).
 

13. References & Related Documents

• Master Services Agreement (MSA) – Governs new/future engagements comprehensively.

• Data Handling & Protection Policy (v1.1)

• Data Breach Response Policy (v2.1)

• Privacy & Cookies Policy (v1.3)

• Responsible AI Usage Policy (v2.1)

• Incident Reporting & Whistleblower Policy (v1.0)

• Code of Conduct (v1.0)

• Business Continuity & Disaster Recovery Plan (v1.0)
   

Note: In the event of any inconsistency, the MSA or its SOW terms shall prevail over these T&Cs for new or future engagements.