GovPointe Terms and Conditions
Effective Date: 11/25/2024
These Terms and Conditions (“Terms”) govern your access to and use of the GovPointe website (the “Website”) and the services offered by GovPointe (“Services”). By accessing or using the Website or Services, you agree to be bound by these Terms.
1. Definitions
For the purposes of these Terms:
For the purposes of these Terms:
- “Commencement of Services” means the earliest of: (a) delivery of any preliminary research, report, or consultation; (b) scheduling of the first project meeting; or (c) assignment of resources to the client’s account.
- “Deliverables” means all documents, reports, data, or other work products provided to the client under the signed agreement.
- “Agreement” means these Terms together with any signed statement of work, proposal, or schedule.
2. Use of the Website and Services
You may use the Website and Services only for lawful purposes and in accordance with these Terms. You agree not to:
You may use the Website and Services only for lawful purposes and in accordance with these Terms. You agree not to:
- Violate any applicable law or regulation.
- Infringe on the rights of others, including intellectual property rights.
- Interfere with or disrupt the Website or Services.
- Transmit any viruses or harmful code.
3. Client Obligations
You agree to:
You agree to:
- Timely Cooperation: Provide accurate, complete, and timely information, approvals, and access reasonably required for GovPointe to perform the Services.
- Accuracy of Information: Warrant that all information supplied is accurate and lawful to use.
- Mitigation of Delays: Understand that delays caused by your inaction, incomplete information, or failure to approve deliverables may adjust timelines and will not constitute a breach by GovPointe.
4. Intellectual Property
All intellectual property rights in the Website, Services, and Deliverables (excluding client-provided materials) are owned by GovPointe or its licensors. You may not reproduce, modify, distribute, or commercially exploit any of this intellectual property without prior written permission.
All intellectual property rights in the Website, Services, and Deliverables (excluding client-provided materials) are owned by GovPointe or its licensors. You may not reproduce, modify, distribute, or commercially exploit any of this intellectual property without prior written permission.
5. Refund Policy
- No Refunds Upon Service Commencement: Once Services have commenced, as defined in Section 1, no refunds will be issued.
- Chargeback Defense: You acknowledge and agree that by engaging our Services, you waive the right to claim non-delivery if Services have commenced.
- Quality Guarantee: GovPointe will address any issues reported within seven (7) days of Deliverable receipt.
6. Delivery Policy
- Timeline: Deliverables and services are scheduled per the signed agreement (e.g., “Schedule B”).
- Method: All Deliverables are provided electronically via email or secure online portal.
- Acceptance: Deliverables are deemed accepted seven (7) days after delivery unless written notice of material defect is received.
7. Cancellation Policy
- Before Commencement: Cancellations before Commencement of Services must be in writing and may incur administrative fees.
- Retainers: Clients on monthly retainers must give at least 14 days’ written notice before the next billing cycle to avoid renewal.
- After Commencement: No cancellations or refunds are permitted after Commencement of Services.
8. Payment Terms
- Due Dates: Payments are due as specified in the signed agreement.
- Late Fees: Overdue balances accrue interest at 1.5% per month (18% per annum).
- Collection Costs: You agree to reimburse GovPointe for all costs of collection, including attorney’s fees.
- Auto-Charge Authorization: Where a payment method is on file, you authorize automatic billing for all due amounts.
9. Force Majeure
GovPointe will not be liable for delays or nonperformance caused by events beyond its reasonable control, including natural disasters, government actions, internet outages, strikes, or pandemics.
GovPointe will not be liable for delays or nonperformance caused by events beyond its reasonable control, including natural disasters, government actions, internet outages, strikes, or pandemics.
10. Non-Solicitation
For twelve (12) months after the termination of Services, you agree not to directly or indirectly solicit, hire, or engage any GovPointe employees or contractors without prior written consent.
For twelve (12) months after the termination of Services, you agree not to directly or indirectly solicit, hire, or engage any GovPointe employees or contractors without prior written consent.
11. Confidentiality
- Mutual Obligation: Both parties agree to keep confidential any proprietary or non-public information received during the engagement.
- Exclusions: Information already public, lawfully obtained from third parties, or independently developed is not considered confidential.
12. Disclaimer of Warranties
The Website and Services are provided “as is” and without warranties of any kind. GovPointe specifically disclaims all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. No results are guaranteed.
The Website and Services are provided “as is” and without warranties of any kind. GovPointe specifically disclaims all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. No results are guaranteed.
13. Limitation of Liability
GovPointe’s total liability, whether in contract, tort, or otherwise, is limited to the amount you paid for the specific Services giving rise to the claim. In no event shall GovPointe be liable for indirect, incidental, special, consequential, or punitive damages.
GovPointe’s total liability, whether in contract, tort, or otherwise, is limited to the amount you paid for the specific Services giving rise to the claim. In no event shall GovPointe be liable for indirect, incidental, special, consequential, or punitive damages.
14. Dispute Resolution
14.1 Good-Faith Negotiation – The parties agree to first attempt in good faith to resolve any dispute by written notice and a meeting (in person or virtual) within fifteen (15) business days of the notice.
14.2 Mediation – If the dispute is not resolved, the parties agree to engage in non-binding mediation with a mutually agreed mediator in the State of Florida, unless both agree otherwise in writing.
14.3 Binding Arbitration – If mediation fails, the dispute shall be resolved exclusively by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (AAA) or JAMS, with one arbitrator. Venue shall be in Hillsborough County, Florida.
14.4 Costs and Fees – The prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs, including arbitration and mediation expenses.
14.5 Waiver of Class Actions – All disputes must be brought on an individual basis; class or collective actions are not permitted.
15. Termination
GovPointe may terminate Services at any time for breach or nonpayment, or without cause with prorated refund for any prepaid, unused portion of Services.
GovPointe may terminate Services at any time for breach or nonpayment, or without cause with prorated refund for any prepaid, unused portion of Services.
16. Governing Law and Venue
These Terms are governed by the laws of the State of Florida without regard to conflict-of-law principles. Venue for any permitted court proceedings will be in Hillsborough County, Florida.
These Terms are governed by the laws of the State of Florida without regard to conflict-of-law principles. Venue for any permitted court proceedings will be in Hillsborough County, Florida.
17. Assignment
You may not assign or transfer these Terms without GovPointe’s prior written consent. Any unauthorized assignment is void.
You may not assign or transfer these Terms without GovPointe’s prior written consent. Any unauthorized assignment is void.
18. Severability
If any provision is found invalid or unenforceable, the remaining provisions will remain in full force and effect.
If any provision is found invalid or unenforceable, the remaining provisions will remain in full force and effect.
19. Waiver
No waiver of any breach constitutes a waiver of any subsequent breach.
No waiver of any breach constitutes a waiver of any subsequent breach.
20. Survival
Sections relating to payment, confidentiality, intellectual property, dispute resolution, limitation of liability, and non-solicitation shall survive termination.
Sections relating to payment, confidentiality, intellectual property, dispute resolution, limitation of liability, and non-solicitation shall survive termination.
21. Contact Us
Email: [email protected]
Phone: (775) 502-1002
Address: GovPointe, 7901 4th Street N. STE 300, St. Petersburg, Florida 33702
Email: [email protected]
Phone: (775) 502-1002
Address: GovPointe, 7901 4th Street N. STE 300, St. Petersburg, Florida 33702