Terms and Conditions

HM Consulting Terms of Service

Effective Date: 01/01/2025

These Terms of Service (“Terms”) govern the use of services provided by Herbert Miller dba HM Consulting, a sole proprietorship organized under the laws of the State of Idaho, USA (“we,” “us,” or “HM Consulting”). By engaging with our services, you (“Client”) agree to these Terms.

I. Definition of Terms

• “Client” refers to any individual or organization that receives services from HM Consulting.

• “Services” include the consulting, technical, and drafting services listed in Section III and any services described in a signed agreement.

• “Signed agreement” refers to any contract, proposal, or service agreement signed by both HM Consulting and the Client.

• “Third-party providers” refers to external services or software vendors used in connection with our services.
  
  

II. Acceptance of Terms and Signed Agreements

By receiving services from us, the Client accepts these Terms. If a signed agreement conflicts with these Terms, the signed agreement controls. Anything not addressed in a signed agreement is governed by these Terms.

We may update these Terms at any time. It is our policy to notify active clients of significant changes. If a Client does not accept the updated Terms, we reserve the right to decline further service.

III. Scope of Services

HM Consulting provides services in the following areas:

• Bookkeeping: Setup, cleanup, categorization, reconciliation, and training using QuickBooks and similar software

• Website Development: Builds, updates, and management for platforms such as WordPress, GoDaddy, Shopify, and Google Sites, including domain, DNS, and email setup

• Social Media and Digital Presence: Content creation, social media management, and business listing setup

• Standard Operating Procedures: Development of SOP manuals and workflow documentation

• Project Management: Coordination of business operations, communication, and projects

• Technology Assistance and Education: Support and training for computers, tablets, phones, and software

• Cabinet Drafting: Remote cabinet design, drawings, and shop documentation

Service Limitations

• HM Consulting does not provide legal, tax, accounting, engineering, or code compliance advice. Clients should consult licensed professionals for these matters.

• Our services do not include hardware repair, direct licensing of third-party software, or cabinet construction, assembly, or installation.
  
  

IV. Confidentiality and Data Security

We may receive access to Client data, including financial records, login credentials, designs, business information, or marketing strategies. We agree to:

• Keep all Client data confidential

• Use Client data only to deliver our services

• Not share Client data with third parties unless authorized by the Client or required by law

Clients are responsible for backing up their own data. HM Consulting is not responsible for data loss resulting from system failures, cyber threats, or third-party software issues.

V. Ownership of Work Product

Unless otherwise stated in a signed agreement, deliverables created specifically for the Client (such as drawings, documents, SOPs, and website content) become the property of the Client once paid in full. HM Consulting retains ownership of its general methods, templates, and know-how used across clients.

VI. Responsibilities

HM Consulting will:

• Provide services within a reasonable time frame

• Offer guidance and recommendations based on experience

• Maintain Client confidentiality and secure any stored data

• Inform Clients of any third-party services or software recommended for their needs

The Client will:

• Provide accurate and complete information needed for the services

• Review and approve work before relying on it or putting it into production

• Understand that our services are advisory, and implementation is the Client’s responsibility unless otherwise agreed

• Maintain their own software subscriptions, licenses, accounts, and records

• Back up data regularly and follow third-party software terms
  
  

VII. Availability of Services

Services are subject to availability and may be affected by workload, holidays, or unforeseen circumstances. We do not guarantee specific turnaround times but will communicate expectations upfront.

VIII. Payment Terms

Unless otherwise stated in a signed agreement:

• Hourly Clients: Invoices are issued at the end of each service or month and are due upon receipt.

• Subscription Clients: Billed according to the terms of their subscription agreement.

• Late Payments: Payments not received within 30 days of the due date are subject to a 1.5% monthly finance charge (18% annually). No additional services will be provided until outstanding invoices are paid.

• NSF Checks: Subject to a $35.00 fee.

• Expenses: Pre-approved expenses incurred on behalf of the Client (such as software, supplies, or travel) must be reimbursed.
  
  

IX. Cancellation and Termination

Unless otherwise stated in a signed agreement:

• Clients may cancel services at any time by written notice to admin@hmconsulting.cc or by mail to PO Box 828, Weiser, ID 83672.

• Subscription services will end at the close of the current billing cycle.

• All completed work is billable, and no refunds are provided for completed services.

• If a Client disputes a charge, they must notify us within seven (7) days of receiving the invoice.

• We reserve the right to suspend or end services for non-payment, abusive behavior, or violations of these Terms.
  
  

X. Refund Policy

Refunds will only be considered when:

• A service issue is reported within seven (7) days of completion and HM Consulting is given reasonable time to fix it

• No service was performed (for example, the Client cancels before work begins)

Refunds will not be provided for:

• Third-party software failures, data loss, or system failures

• A Client declining actions needed to resolve an issue

• A Client lacking the access, licenses, or software needed to complete a task
  
  

XI. Third-Party Services and Software

HM Consulting may recommend or work within third-party software, tools, or services. However:

• We do not guarantee their performance or compatibility

• The Client is responsible for any licensing fees or agreements with third-party providers

• HM Consulting is not liable for damages, security breaches, or failures caused by third-party services
  
  

XII. Limitation of Liability

IN NO EVENT SHALL HM CONSULTING BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, including lost business, missed deadlines, software failures, or material and labor costs resulting from work the Client has reviewed and approved. Unless otherwise stated in a signed agreement, HM Consulting’s total liability shall not exceed the amount paid by the Client for services in the two (2) months prior to the issue.

XIII. Indemnification

The Client agrees to indemnify and hold HM Consulting harmless from any claims, damages, losses, or legal fees arising from:

• The Client’s use of our services or reliance on our recommendations

• Any third-party disputes or claims related to software, advertising, bookkeeping processes, or designs we assist with
  
  

XIV. Governing Law

Unless otherwise stated in a signed agreement, these Terms are governed by the laws of the State of Idaho, USA, regardless of where the Client is located or where services are performed. Any disputes shall be resolved in the appropriate courts in Idaho.

XV. Severability

If any part of these Terms is found to be invalid or unenforceable, the remaining provisions remain in full effect.

XVI. Waiver

Failure to enforce any provision of these Terms does not waive our right to enforce it later.