Terms of Service

Effective Date: April 17, 2025

These Terms of Service (“Terms”) govern your engagement with us for business and marketing consulting and strategy services (“Services”). Please read these Terms carefully. By engaging our Services, you agree to be bound by these Terms.

1. Services

James Archer, LLC provides business and marketing consulting and strategy services, offered on either a project, monthly retainer, or hourly basis.

The specific scope of services, deliverables, timelines, reporting, and associated fees for each client engagement will be unique to the client’s needs and will be detailed in a separate, mutually agreed-upon written Consulting Agreement.

2. Governing Agreements

These Terms provide a general framework for our engagements. However, the terms outlined in your specific Consulting Agreement shall take precedence over these general Terms in the event of any conflict or discrepancy regarding the scope, deliverables, payment schedule, or specific cancellation terms for your engagement.

3. Payment Terms

  • Currency: All fees and prices quoted and invoiced are in United States Dollars (USD).
  • Invoicing: Invoices will be issued as outlined in the Consulting Agreement. Payment is typically due upon receipt unless otherwise specified in the invoice or Consulting Agreement.
  • Retainers: Retainer fees are typically billed monthly in advance to reserve consultant availability and secure ongoing services for the agreed-upon period.
  • Payment Processing: Payments are processed via secure methods, often utilizing third-party processors like Stripe.

4. Cancellation Policy

  • Standard Notice: Unless explicitly stated otherwise in your individual Consulting Agreement, project-based or retainer services may be cancelled by either party with a minimum of seven (7) calendar days’ written notice.
  • Notice Delivery: Written notice of cancellation must be delivered via email to james@jamesarcher.co or through other communication channels formally agreed upon in the Consulting Agreement.
  • Effect of Cancellation: Upon effective cancellation, the client is responsible for payment on a pro-rata basis for all work completed and services rendered up to the effective date of cancellation. For retainer agreements, the cancellation will take effect at the end of the notice period, and no refunds will be issued for the period covered by the final retainer payment made prior to the notice.

5. Refund Policy

All payments made to James Archer, LLC for services are non-refundable.

  • Rationale: Fees paid represent compensation for services already performed, strategic advice provided, or the reservation of the consultant’s time and availability (in the case of retainers). Securing retainer time often prevents us from taking on other client work during that period, and cancellations generally do not allow sufficient time to fill that committed capacity.
  • Mid-Project Cancellation: In line with the Cancellation Policy, if a project is cancelled mid-engagement, the client remains liable for payment covering all work performed up to the effective cancellation date, calculated on a pro-rata basis according to the project scope and fees outlined in the Consulting Agreement. A final invoice will be issued for any outstanding balance based on work completed. For projects exceeding $5000 USD where payments are structured in installments, cancellation will trigger a final pro-rata payment calculation based on work completed relative to the total project scope outlined in the Consulting Agreement.

6. Nature of Services & Fulfillment

Our offerings consist solely of professional consulting and strategy services. No physical goods are sold or shipped. Consequently, policies related to shipping, physical delivery, or the return of tangible goods are not applicable to our Services.

7. Confidentiality

We are committed to maintaining the confidentiality of our clients’ proprietary information shared during our engagement, as further detailed in individual Consulting Agreements where applicable, and subject to legal requirements.

8. Intellectual Property

All Intellectual Property rights are specified in your individual Consulting Agreement. James Archer, LLC retains ownership of all underlying methodologies, frameworks, know-how, and pre-existing intellectual property used in the course of providing the Services.

9. Limitation of Liability

To the maximum extent permitted by law, the total liability of James Archer, LLC arising out of or related to the Services or these Terms shall not exceed the total fees paid by the client for the specific Services giving rise to the claim. We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits or revenue.

10. Governing Law

These Terms and any disputes arising out of or related to the Services shall be governed by and construed in accordance with the laws of the State of Arizona, United States, without regard to its conflict of law principles. 

11. Changes to Terms

James Archer, LLC reserves the right to modify these Terms of Service at any time. Any changes will be effective immediately upon posting the updated Terms on our website. Your continued engagement of our Services after such changes constitutes your acceptance of the new Terms. 

12. Contact Information

For any questions regarding these Terms of Service, please contact us using the information provided on our official Contact page on our website or via email to james@jamesarcher.co.