Terms of Service

1. Agreement to These Terms

These Terms of Service govern your access to and use of the website operated by Absolutely Moabulous LLC and any services that we provide to you. By visiting this website, submitting an enquiry, accepting a proposal or engaging our services, you agree to be bound by these terms. If you do not agree with any part of these terms, you should not use the website or our services.

The developer and operator of this website is Moabulous, acting under the registered business name Absolutely Moabulous LLC. Where an engagement calls for a separate written agreement, a statement of work or a proposal that has been countersigned, that document will govern the specific engagement to the extent it conflicts with these general terms. These terms remain in force for everything the separate document does not cover.

2. Definitions

In these terms, the words below have the meanings given here. The Company, we, us and our refer to Absolutely Moabulous LLC. Client and you refer to the person or organisation that engages us or uses the website. Services refers to the tuning, design, integration, consulting and related work that we provide, including Systems Tuning Reviews, Workflow Pitch Checks, Signal Flow Audits, Team Cadence Setup, Documentation Charts and Retainer Fine-Tuning. Deliverable refers to any report, sound map, chart, document or other material that we create for a client. Website refers to the site hosted at moabulous.hair and any successor address.

A statement of work means a written description of a specific engagement, including its scope, schedule and fees, that both parties accept. Confidential information means information that is disclosed by one party to the other and that is marked as confidential or that a reasonable person would understand to be confidential given the circumstances of the disclosure.

3. Eligibility and Authority

The website and our services are intended for business and professional use. By using the website or engaging us, you confirm that you are at least the age of majority in your jurisdiction and that you have the legal capacity to enter into a binding agreement. If you act on behalf of an organisation, you confirm that you are authorised to bind that organisation to these terms.

We may decline to provide services, close an account or refuse access to the website where we have a lawful reason to do so. We do not discriminate unlawfully, and we make decisions about engagements on the basis of fit, capacity and lawful business considerations.

4. Description of Services

Absolutely Moabulous LLC is a computer systems design and integrated systems consultancy. We analyse, tune and improve the software systems and operational workflows of our clients, and we design and integrate computer systems where that is needed. Our work is advisory and technical, and it is delivered by experienced practitioners who listen before they recommend a change.

The exact services we offer may evolve over time. The current list is published on the services page of this website, and any change to that list does not remove obligations that we have already accepted under an existing statement of work. We describe our services in good faith, but nothing on this website is a promise of a particular result. The outcome of any engagement depends on facts that we discover during the work, and on decisions that the client makes.

5. Engagements and Statements of Work

Each engagement begins with a first listen, during which we discuss the client systems, the problems the client faces and the service that best fits. If both parties wish to proceed, we prepare a statement of work that sets out the scope, the schedule, the fees, the assumptions and anything the client must provide. The engagement starts only when the client accepts the statement of work in writing and any required deposit has been received.

Work that falls outside the agreed scope is not covered by the statement of work. If additional work is needed, we will discuss it with the client and agree a written change before we begin. We do not perform surprise work and we do not issue surprise invoices. Where the client requests a change, we will explain the effect on the schedule and the fees before the change is accepted.

6. Client Responsibilities

Good tuning depends on honest information and timely cooperation. The client agrees to provide accurate details about its systems, its processes and its data, and to give us the access and the introductions that the engagement reasonably requires. The client agrees to nominate a single point of contact who can make decisions and answer questions, and to make knowledgeable staff available for interviews and walkthroughs.

The client is responsible for the lawfulness of the data it asks us to handle, for obtaining any consent that the law requires, and for maintaining backups of its own systems. The client is also responsible for keeping credentials up to date and for telling us promptly if access should be changed or withdrawn. If the client delays or withholds information, the schedule may move and the fees may adjust, and we will tell the client when that happens.

7. Fees and Payment

Our fees are set out in the relevant statement of work. Depending on the engagement, we may charge a fixed fee for a defined piece of work, an hourly or daily rate, or a monthly retainer for a block of hours. Expenses such as travel or third party licences are charged only where the statement of work provides for them, and we seek agreement before incurring significant expense.

Unless the statement of work says otherwise, invoices are due within thirty days of the invoice date. Amounts that remain unpaid beyond the due date may attract a late charge where the law permits, and we may pause work on an account that is seriously overdue. All fees are exclusive of taxes unless stated otherwise, and the client is responsible for any tax that applies to the engagement other than tax on our own income. Fees for work already performed are not refundable except where these terms or the statement of work say otherwise.

8. Scheduling and Rescheduling

We schedule engagements in good faith and we ask clients to treat the agreed times as a commitment. Where a client needs to reschedule, we ask for as much notice as possible, and we will make a reasonable effort to find a new time. Where a client cancels at short notice or fails to attend an agreed session, we may charge for the reserved time, because that time cannot easily be offered to another client.

If we need to reschedule, we will give the client as much notice as we can and we will offer an alternative time promptly. Retainer clients receive priority access to the sessions that are scheduled for them, and any unused retainer time is handled in the way that the statement of work describes.

9. Intellectual Property

The website, its text, its layout, its graphics and its code are owned by Absolutely Moabulous LLC or its licensors and are protected by intellectual property law. You may read the website and print pages for your own internal reference, but you may not copy, modify, republish, sell or redistribute the website content without our written permission.

We retain all rights in our own methods, templates, know how, tools and pre existing materials, including any element that we use across multiple engagements. Nothing in these terms transfers ownership of our background intellectual property to the client. The client retains all rights in its own data, systems and materials, and the client grants us only the rights we need to perform the engagement.

10. Deliverables and License

When an engagement is complete and all fees have been paid, we grant the client a perpetual, worldwide, non exclusive license to use the deliverables that we created specifically for that client. This license covers the client internal business purposes and permits the client to modify the deliverables for its own use. The license does not permit the client to resell the deliverables or to offer them to third parties as a competing service.

Some deliverables incorporate our background materials or third party components. Where that is the case, the license covers the deliverable as a whole but does not transfer ownership of the incorporated materials, and any third party component remains subject to the terms of its own license. We are happy to explain the position for any particular deliverable on request.

11. Confidentiality

Each party may receive confidential information from the other during an engagement, and each party agrees to protect that information with at least the same care it uses for its own confidential information. Confidential information may be used only for the purpose of the engagement, and it may be disclosed only to people who need it and who are bound by confidentiality obligations.

Confidentiality obligations do not apply to information that is already public, that becomes public without a breach of these terms, that a party already lawfully held, or that a party independently develops without using the confidential information. A party may disclose confidential information where the law compels it, provided that it gives the other party prompt notice where that is lawful and cooperates with any effort to limit the disclosure. These obligations survive the end of the engagement.

12. Acceptable Use of the Website

You agree to use the website lawfully and respectfully. You must not attempt to gain unauthorised access to the website or to any system connected to it, and you must not interfere with its normal operation. You must not introduce malicious code, mount denial of service attacks, scrape the site in a way that burdens our infrastructure, or use automated tools to extract content in bulk.

You must not use the website to send spam, to impersonate another person, to publish unlawful material or to infringe the rights of others. We may restrict or block access where we believe that a user is acting in breach of these terms or in a way that endangers the website or other users. We cooperate with law enforcement where we are required to do so, and we may report conduct that appears to be criminal.

13. Third Party Services

Our engagements may involve software and services that are owned and operated by third parties. We do not control those third parties, and we are not responsible for their performance, their availability or their practices. Where we recommend a third party service, we do so in good faith based on the information available to us, but the client remains responsible for its own decision to adopt that service.

Third party services are governed by their own terms and privacy notices, and the client agrees to comply with those terms. If a third party service changes its pricing, its functionality or its terms in a way that affects an engagement, we will raise the matter with the client promptly and we will help the client consider the options.

14. Warranties and Disclaimers

We warrant that our services will be performed in a professional and workmanlike manner by suitably experienced practitioners, consistent with the standards of our profession. If a deliverable does not meet this warranty, we will correct it at no additional charge, provided the client tells us within a reasonable time and the issue is within the agreed scope.

Except for that express warranty, the website and our services are provided as they are and as they are available, and we disclaim all other warranties to the fullest extent the law permits, whether express or implied. We do not warrant that the website will be uninterrupted or error free, that it will be free of harmful components, or that any particular business outcome will be achieved. We do not provide legal, tax, accounting or financial advice, and nothing we deliver should be treated as such advice. The client is responsible for obtaining advice from appropriately qualified professionals where those matters are relevant.

15. Limitation of Liability

To the fullest extent permitted by law, Absolutely Moabulous LLC will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profit, revenue, data, goodwill or business opportunity, even if we were advised that such loss was possible. Our total aggregate liability arising out of or relating to an engagement will not exceed the total fees that the client paid to us for that engagement during the twelve months preceding the event that gave rise to the claim.

Nothing in these terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud, for wilful misconduct or for death or personal injury caused by our negligence. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages, so parts of this section may not apply to every client. In that case, our liability will be limited to the greatest extent that the law allows.

16. Indemnification

You agree to indemnify and hold harmless Absolutely Moabulous LLC, its members, employees and contractors from any claim, loss, liability, cost or expense, including reasonable legal fees, that arises from your breach of these terms, your misuse of the website, your violation of any law, or your infringement of the rights of a third party. This obligation applies only to the extent that the claim is caused by your conduct.

We agree to indemnify and hold harmless the client from any claim that a deliverable we created specifically for the client infringes the intellectual property rights of a third party, provided that the client tells us promptly, allows us to control the defence, and provides the cooperation we reasonably need. This indemnity does not apply where the claim arises from materials that the client supplied, from modifications that the client made, or from use of the deliverable outside the scope of the engagement.

17. Term and Termination

These terms apply for as long as you use the website or maintain an engagement with us. Either party may terminate an engagement in accordance with the statement of work. In addition, either party may terminate for convenience on written notice where the statement of work permits it, and either party may terminate immediately if the other party commits a material breach that is not cured within a reasonable period after written notice.

We may suspend or end access to the website at any time where we have a lawful reason, including a breach of the acceptable use rules. On termination, the client remains responsible for fees for work performed up to the effective date, and we will deliver the work in progress in a reasonable format. Sections that by their nature should survive termination, including confidentiality, intellectual property, liability, indemnity and governing law, will continue to apply.

18. Force Majeure

Neither party will be liable for a failure or delay in performance that is caused by an event beyond its reasonable control. Such events include natural disasters, severe weather, fire, flood, epidemic or pandemic, war, civil unrest, acts of government, labour disputes, widespread utility or telecommunications failure, and significant failures of the internet or of third party infrastructure that the party does not control.

The affected party will notify the other party promptly and will make reasonable efforts to resume performance. If the event continues for a prolonged period, either party may terminate the affected engagement on written notice without liability for the part of the work that cannot be performed. Obligations that arose before the event, including payment for work already done, remain in force.

19. Governing Law and Disputes

These terms are governed by the laws of the State of Utah in the United States, without regard to conflict of law rules that would require the application of another law. The parties agree that the state and federal courts located in Utah will have jurisdiction over any dispute that is not resolved informally, and each party consents to the exercise of that jurisdiction.

Before starting formal proceedings, the parties agree to attempt to resolve any dispute through good faith discussion, beginning with a written notice that describes the issue and the outcome sought. If the parties cannot resolve the matter within a reasonable period, they may proceed to mediation or to the courts as they choose. Nothing in this section prevents either party from seeking urgent injunctive relief where that is necessary to protect its rights.

20. Changes to These Terms

We may update these terms from time to time to reflect changes in our services, our practices or the law. When we update them, we will change the effective date and the last updated date at the top of this page. Where a change is material, we will take reasonable steps to bring it to your attention, for example by placing a notice on the website or by contacting active clients.

Changes apply to your future use of the website and to engagements that begin after the change takes effect. An engagement that is already in progress continues to be governed by the version of these terms that was in force when the engagement began, unless the parties agree otherwise in writing. We encourage you to review these terms whenever you visit the website.

21. How to Contact Us

If you have a question about these Terms of Service, if you wish to discuss an engagement or if you need to give notice under these terms, please contact us using the details below. Written notice should be sent to the email address or the postal address listed here, and notice is treated as given when it is received.

Company: Absolutely Moabulous LLC

Address: 8020 S 2500 E, South Weber - 84405-9447, United States (US)

Email: enquiries@moabulous.hair

Phone: +15416445757

These terms describe the basis on which we work, and we have tried to write them plainly so that they can be read without legal training. If any provision is found to be unenforceable, the remaining provisions will continue in full force. Our failure to enforce a provision on one occasion does not waive our right to enforce it later. Thank you for reading these Terms of Service and for considering Absolutely Moabulous LLC.