General terms applicable to PCM Holding Advisor LLC services
These Terms and Conditions (hereinafter "Terms") define the rights and obligations of the parties in connection with the provision of digital consulting, financial management advisory, and Revenue-Based Finance services by PCM HOLDING ADVISOR LLC (hereinafter "the Provider") to its clients (hereinafter "the Client").
Any order for services implies the Client's unreserved acceptance of these Terms, which prevail over any other document from the Client, unless otherwise agreed in writing.
PCM HOLDING ADVISOR LLC offers the following services:
The details of the services, their duration, and their scope are defined in the quote or commercial proposal accepted by the Client.
Service prices are quoted in US Dollars (USD), exclusive of taxes where applicable. A detailed quote is prepared for each service engagement and must be approved by the Client before work begins.
Quotes are valid for thirty (30) days from the date of issue, unless otherwise stated. The Provider reserves the right to modify its rates at any time. The applicable prices are those in effect on the date of the order.
Any additional services not included in the initial quote will be subject to an amendment signed by both parties.
Payment for services shall be made according to the terms set out in the quote or commercial proposal:
Payments may be made by wire transfer, credit card, or any other method accepted by the Provider. In the event of late payment, late payment penalties will be applied at a rate of 1.5% per month, calculated on the gross amount of the unpaid invoice.
The duration of the services is defined in the quote or commercial proposal. The Provider undertakes to use all necessary means to meet the agreed deadlines.
However, deadlines do not constitute a firm commitment and shall not give rise to damages or cancellation of the order in the event of delay, unless expressly agreed otherwise between the parties.
The Client may cancel an order under the following conditions:
In the event of termination during a project, the Client shall pay for services already rendered and expenses incurred. Either party may terminate the contract in the event of a material breach by the other party of its obligations, after a formal notice that has remained without effect for a period of fifteen (15) days.
The Provider undertakes to perform the services with diligence and competence, in accordance with industry standards. The Provider is subject to an obligation of means, not of results.
The Provider's liability is limited to the amounts actually received for the service concerned. Under no circumstances shall the Provider be held liable for:
Each party retains ownership of its intellectual property rights existing prior to the performance of the services.
Unless otherwise agreed, deliverables produced by the Provider within the scope of the engagement shall be assigned to the Client on an exclusive basis, upon full payment of the corresponding invoice. This assignment includes the rights of reproduction, representation, adaptation, and distribution on all media and worldwide.
The Provider reserves the right to reference the engagement as a commercial reference and to present deliverables in its portfolio, unless expressly objected to by the Client.
Each party undertakes to treat as confidential all commercial, technical, financial, or strategic information transmitted by the other party in connection with the performance of the services.
This confidentiality obligation is valid for the entire duration of the contract and for a period of two (2) years after its expiration or termination, unless otherwise agreed between the parties.
This obligation does not apply to information that:
The Provider undertakes to process the Client's personal data in accordance with applicable data protection regulations, including the GDPR for European clients and applicable U.S. local laws.
For more information, please consult our Privacy Policy.
Neither party shall be held liable for failure to perform its obligations in the event of force majeure as defined by U.S. case law, including but not limited to: natural disasters, wars, general strikes, epidemics, widespread telecommunications or internet failures.
In the event of a dispute relating to the interpretation or performance of these Terms, the parties agree to seek an amicable solution before initiating any legal action.
If no amicable agreement is reached within thirty (30) days, the dispute shall be submitted to mediation. If mediation fails, the dispute shall be brought before the competent courts of the State of New Mexico, United States.
These Terms are governed by the laws of the State of New Mexico, United States of America. In the event of a translation of these terms into another language, the English version shall prevail in the event of any difference in interpretation.
If any provision of these Terms is declared null or unenforceable, the remaining provisions shall remain in full force and effect. Failure by the Provider to exercise any of its rights shall not be construed as a waiver of that right.
These Terms constitute the entire agreement between the parties and supersede all prior agreements, whether written or oral, relating to the same subject matter.
For any questions regarding these Terms, you may contact us: