Terms of Service

1. Agreement to Terms

By accessing or using Caerus Consulting's services, you agree to be bound by these Terms of Service. If you disagree with any part of these terms, you may not access our services.

2. Consulting Services

2.1 Service Description

We provide comprehensive business consulting services to help you achieve your growth and exit goals, including:

  • Growth strategy development to help you increase revenue and market share
  • Technology implementation to streamline your operations
  • Business performance optimization to improve your efficiency
  • Financing and exit strategy to maximize your company's value

2.2 Our Engagement Process

We work with you through three distinct phases to ensure your success:

  1. Assessment Phase: We conduct a fixed-fee analysis of your business and develop strategic recommendations to increase your revenue and valuation
  2. Implementation Phase: We help you optimize your operations, systems, and performance
  3. Funding/Exit Phase: We guide you through your funding or exit process (if applicable)

Each phase requires a separate written agreement and payment terms. We reserve the right to decline or terminate any phase based on our assessment of feasibility or your cooperation.

3. Your Responsibilities

To ensure the success of our engagement, you agree to:

  • Provide us with accurate, complete, and timely information and documentation
  • Designate a primary point of contact with decision-making authority
  • Ensure we have timely access to your key personnel and resources
  • Maintain the confidentiality of our proprietary information and methodologies
  • Pay our fees according to the agreed terms without set-off or deduction
  • Comply with all applicable laws and regulations
  • Not engage in any activity that could damage our reputation
  • Not solicit our employees or contractors during or for 12 months after our engagement

4. Our Fees and Your Payment

We structure our fees to align with your success:

  • Fixed-fee assessment phase, payable in advance
  • Monthly or project-based fees for implementation, payable in advance
  • Success-based fees for funding/exit services, with minimum guaranteed fees

Your payment terms:

  • All fees are non-refundable once we render our services
  • Your payment is due within 15 days of invoice date
  • Late payments incur interest at 1.5% per month (18% APR)
  • We reserve the right to suspend our services for your non-payment
  • You are responsible for all costs of collection, including legal fees
  • All fees are exclusive of taxes, which are your responsibility

5. Confidentiality

We maintain strict confidentiality regarding:

  • Client business information
  • Strategic plans and recommendations
  • Financial data and projections
  • Proprietary methodologies

This confidentiality extends beyond the term of our engagement. However, we:

  • May use anonymized data for our internal analysis and improvement
  • Reserve the right to disclose information as required by law
  • May include your company name in our client list unless specifically prohibited
  • Are not responsible for information that becomes publicly available through no fault of ours

6. Intellectual Property

All materials, methodologies, and tools developed by Caerus Consulting remain our exclusive intellectual property, including:

  • Consulting methodologies and frameworks
  • Proprietary tools and templates
  • Training materials and documentation
  • Analytical models and processes

Clients receive a limited, non-exclusive, non-transferable license to use deliverables for their internal business purposes only. This license:

  • Does not include the right to modify, reverse engineer, or create derivative works
  • Does not permit resale or redistribution
  • Terminates automatically upon termination of the engagement
  • Does not include rights to underlying methodologies or tools

7. Limitation of Liability

Our liability is strictly limited as follows:

  • Total liability is capped at the fees paid for the specific service giving rise to the claim
  • We are not liable for any indirect, consequential, or special damages
  • We are not liable for lost profits, business interruption, or lost data
  • We are not liable for decisions made based on our recommendations
  • We are not liable for delays or failures due to factors beyond our control
  • Any claim must be brought within one year of the alleged incident
  • Client waives any right to punitive or exemplary damages

8. Termination

Either party may terminate the engagement with written notice according to the terms specified in the service agreement. Upon termination:

  • All fees due up to termination date must be paid immediately
  • All confidentiality obligations continue indefinitely
  • All intellectual property rights remain as specified
  • Client must return or destroy all proprietary materials
  • We retain the right to use anonymized data and insights
  • Client remains liable for all fees and expenses incurred

9. Governing Law and Dispute Resolution

These terms are governed by the laws of the State of New York, without regard to its conflict of law provisions. Any dispute shall:

  • Be resolved exclusively in the state or federal courts of New York
  • Be subject to the prevailing party's right to recover reasonable attorneys' fees
  • Be resolved without class action or jury trial
  • Be subject to a one-year statute of limitations

10. Changes to Terms

We reserve the right to modify these terms at any time. Changes will be effective upon posting to our website. Continued use of our services after such modifications constitutes acceptance of the new terms. We will notify clients of material changes via email or through our website.

Contact Us

If you have any questions about these Terms of Service, please contact us at:

  • Email: hello@caerusc.com
  • Phone: +1-470-531-2879
  • Address: 7900 East Union Avenue Ste 1100 Denver, CO 80237

Last Updated: March 20, 2024