Terms and Conditions
THESE CONSULTING, ASSESSMENT, REPORTING AND CERTIFICATION SERVICES Terms and Policies. (“Agreement“) are entered into as of the date that you (the business and/or the vendor) submit a payment for consulting services on the GoViably web and/or app platform (“Effective Date.”) This agreement is between GoViably P.B.C, d/b/a GoViably (including its parents, affiliates, and subsidiaries), located at 1209 Orange St – Corporation Trust Center Wilmington DE 19801 and your business whose name and contact are reflected in your online profile and/or in the order placed. (“Client”).
Section 1 – Online Terms
By agreeing to these Terms of Service, you represent that you are at least 18 or older. You may not use the services purchased through GoViably for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws.
Section 2 – General Conditions
We reserve the right to refuse service to anyone for any reason at any time. You agree to not reproduce, duplicate, copy, sell, resell or exploit any portion of the service, goods, use of the service or access to the service or any contact on the website through which the service is provided, without express written permission by GoViably PBC. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 3 – Delivery Terms
Services begin within two weeks of purchasing the package unless delayed by client. The term will begin the day the order is placed and payment is made, and will be for the agreed upon length of time which will be determined by the package purchased. GoViably PBC is not liable for any delay caused in the start of consulting if that delay is due to scheduling conflicts between GoViably PBC and the Client, or delay in Client’s payment.
Section 4 – Payment
We reserve the right to refuse any order you place with us. Payment is required for the term of the package to begin. In the event that a payment doesn’t go through we may attempt to contact you via email, phone and/or billing address provided at the time you placed the order. When placing an order, you confirm your payment information (credit card, billing address, shipping address, phone and email) are accurate. If an error is made entering your information, you agree to update your information promptly in order for us to finish processing your order. GoViably is not responsible for any errors made when entering your payment, mailing and contact information. Your payment must fully go through before consulting services can begin. GoViably PBC reserves the right to cancel or pause consulting services prior to starting and/or midway through consulting term should a payment from the client not go through.
Section 5 – Product/Services Information
For any third-party product/service GoViably may recommend or refer the Client to during the course of consulting, GoViably does not warrant the accuracy of the product/service information, description and quality. Product/service details are provided directly from the vendors/sellers/individuals. GoViably does not warrant and is not liable for any third-party vendors, contractors or service provider products or services should you hire/purchase additional equipment/services based on GoViably’s recommendation.
Section 6 – Refunds and Cancellations
GoViably reserves the right to refuse a refund. Refund requests will be assessed on an individual basis. GoViably reserves the right to keep any payment that was made prior to a refund or cancellation of consulting package being requested. GoViably does not guarantee specific results therefore is not required to issue a refund due to lack of results. Client can request a cancellation in writing to Emily@goviably.com cancellation is not guaranteed.
Section 7 – Dispute Clause
Any dispute relating to any activity on GoViably.com or the purchase of any GoViably and GoViably vendors products or services shall be submitted to confidential arbitration in Delaware, United States unless you have in some way threatened or violated GoViably’s intellectual property rights, whereby GoViably PBC may seek an injunctive. These terms and policies are governed by and construed in accordance with the laws of Wilmington, Delaware, US.
Section 8 – Trademarks/Intellectual Property/Copyrights
The technology, software and content upon which this service is constructed including text, graphics, code transaction processing is the property of GoViably PBC and third parties whose products and services we have worked with and integrated. All rights are reserved. All is protected by copyright and other intellectual property or proprietary rights.
Section 9 – Acknowledgement of Results
Client acknowledges results of consulting services are dependent on Clients actions and implementation. GoViably PBC does not guarantee any results regarding energy efficiency, social or environmental responsibility, savings or increase in profit or profit margin.
Subscription consulting Terms and Policies
1. Introduction
These Terms and Policies (“Agreement”) govern the subscription services provided by GoViably PBC (“Company”) to the subscribing entity (“Subscriber”). By subscribing to our sustainability consulting services, Subscriber agrees to be bound by these terms.
2. Services
Company will provide sustainability consulting services as detailed in the subscription plan selected by Subscriber. Services may include, but are not limited to, video consultations, email support, sustainability assessments, and quarterly reviews and others depending on the subscription enrolled in.
3. Subscription Plans
Company offers various subscription plans, each with specific services and deliverables. Details of each plan, including the scope of services, are available on our website. Subscriber must select the plan that best fits their needs and agrees to the terms specific to that plan.
4. Subscription Term
Subscriptions are offered on a monthly basis with a minimum requirement of 6 months. The term of the subscription (“Subscription Term”) begins on the date of purchase and renews automatically unless terminated in accordance with these terms.
5. Fees and Payment
• Subscription Fees: The subscription fee (“Fee”) for each plan is listed on our website. Fees are billed at the beginning of each Subscription Term.
• Payment Method: Subscriber must provide a valid payment method at the time of subscription. All payments are processed securely.
• Late Payments: If payment is not received within 30 days of the due date, Company reserves the right to suspend services until payment is made.
6. Termination and Cancellation
• Termination by Subscriber: Subscriber may terminate the subscription at any time after 6 months, by providing written notice to Company; Subscription will be terminated by company if agreed upon with client. Termination will be effective at the end of the current Subscription month.
• Termination by Company: Company may terminate the subscription immediately if Subscriber breaches any terms of this Agreement. Company may also terminate the subscription for convenience with 30 days’ notice.
• Refunds: No refunds will be issued for termination before the end of the Subscription Term.
7. Confidentiality
Both parties agree to maintain the confidentiality of all non-public information exchanged during the subscription. This includes, but is not limited to, business plans, strategies, and proprietary information.
8. Intellectual Property
All materials, reports, and deliverables provided to Subscriber remain the intellectual property of Company. Subscriber is granted a non-exclusive, non-transferable license to use these materials for their internal purposes only.
9. Limitation of Liability
Company’s liability for any damages arising out of or related to this Agreement is limited to the total fees paid by Subscriber during the six (6) months preceding the event giving rise to the liability.
10. Indemnification
Subscriber agrees to indemnify and hold harmless Company, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, and expenses arising from Subscriber’s use of the services.
11. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the state of Delaware, without regard to its conflict of laws principles.
12. Dispute Resolution
Any disputes arising out of or related to this Agreement shall be resolved through binding arbitration in accordance with the rules of the Arbitration Association, held in Wilmington, Delaware.
13. Amendments
Company reserves the right to amend these terms and policies at any time. Subscriber will be notified of any changes, and continued use of the services constitutes acceptance of the amended terms.
14. Miscellaneous
• Notices: Any notices required or permitted under this Agreement shall be in writing and delivered to the addresses provided by the parties.
• Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
• Waiver: No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof.
By placing this order, Subscriber agrees to the terms and policies set forth above by subscribing to the Company’s sustainability consulting services.