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Terms and Conditions

GENERAL TERMS AND CONDITIONS

Holterman & Co LLC (DBA CyberCFI)

These General Terms and Conditions ("Terms") apply to all transactions, contracts, engagements, and business relationships with Holterman & Co LLC (DBA CyberCFI), a Wyoming limited liability company with its principal place of business at 1309 Coffeen Avenue STE 18251, Sheridan, Wyoming 82801, USA ("Consultant"). They govern all consultancy services proposed or provided by the Consultant, whether delivered in whole or in part to the Client.

These Terms apply to all users of the Consultant's website(s) ("Website") and clients receiving services ("Services"). Read these Terms carefully before using the Website or engaging Services. By using the Website or engaging Services, you agree to be bound by these Terms.

1. DEFINITIONS

  • “Client” means the individual, company, or entity receiving or intended to receive the Services.

  • “Confidential Information” means any non-public information disclosed by one party to the other in connection with the Engagement, including but not limited to business strategies, customer lists, know-how, pricing, inventions, personal data, and other proprietary information.

  • “Contract” or “Service Agreement” means the specific agreement (including any proposal, quote, or order confirmation) between the Client and the Consultant defining the scope of the Engagement, Services, fees, and related terms.

  • “Engagement” means the agreement under which the Consultant provides Services to the Client in exchange for fees and reimbursable expenses.

  • “Force Majeure” means any event beyond a party's reasonable control, including acts of God, war, riots, fires, strikes, governmental orders, or similar events.

  • “Project” means the specific Services described in the Service Agreement.

  • “Subcontractor” means any affiliate, subsidiary, or qualified independent contractor engaged by the Consultant to assist with the Services, bound by similar confidentiality obligations.

2. GENERAL 2.1 These Terms govern all Services provided by or on behalf of the Consultant and all legal relationships between the Consultant and the Client. They prevail over any conflicting terms in the Client's documents unless expressly agreed in writing. 2.2 The Consultant may update these Terms; continued use of Services constitutes acceptance of changes.

3. PERFORMANCE OF THE PROJECT 3.1 The Consultant determines how and by whom the Engagement is performed, considering reasonable Client requests. 3.2 Services are performed with reasonable skill, care, and diligence per the Contract. 3.3 Timelines may change due to amendments or unforeseen circumstances. 3.4 If circumstances change (not attributable to the Consultant), the Consultant may amend the Engagement to maintain quality; related costs are borne by the Client. 3.5 The Consultant may replace personnel if it believes it benefits performance, consulting the Client where feasible.

4. SUBCONTRACTORS The Consultant may engage Subcontractors with relevant expertise, ensuring they are bound by confidentiality obligations equivalent to these Terms. Upon reasonable request, the Consultant will identify Subcontractors and their expertise.

5. CLIENT’S OBLIGATIONS 5.1 The Client shall promptly provide all information, documents, access, and cooperation the Consultant reasonably requires. 5.2 The Client shall inform the Consultant of relevant facts or changes. 5.3 The Client guarantees the accuracy, completeness, and reliability of provided information and indemnifies the Consultant against losses from inaccuracies.

6. FEES, EXPENSES, AND PAYMENT 6.1 Fees are as specified in the Service Agreement (e.g., hourly, fixed, or milestone-based). 6.2 Invoices are due within 30 days of issuance. Late payments accrue interest at 1.5% per month or the maximum allowed by law. 6.3 The Client reimburses reasonable pre-approved expenses (with receipts). All amounts are in USD and exclude taxes (Client pays applicable taxes). 6.4 No refunds except as expressly stated in the Service Agreement.

7. CONFIDENTIALITY 7.1 Each party shall hold the other's Confidential Information in strict confidence, using it solely for the Engagement, and not disclose it without prior written consent (except as required by law). 7.2 Obligations survive for five (5) years after termination. 7.3 Consultant representatives may use pseudonyms/aliases for privacy in customer interactions.

8. NO GUARANTEES; DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY 8.1 The Consultant provides Services on a best-efforts basis. No guarantees or warranties are made regarding specific outcomes, results, success rates, recovery of funds, prevention of losses, or achievement of any particular objectives. Results depend on many factors beyond the Consultant's control. 8.2 EXCEPT AS EXPRESSLY STATED IN THE SERVICE AGREEMENT, SERVICES AND ANY DELIVERABLES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, OR NON-INFRINGEMENT. 8.3 To the maximum extent permitted by law, the Consultant's total aggregate liability (including affiliates, officers, employees, agents, or Subcontractors) for any claims arising from or related to the Engagement shall not exceed the fees paid by the Client under the relevant Service Agreement in the twelve (12) months preceding the claim. 8.4 In no event shall the Consultant be liable for indirect, incidental, consequential, special, punitive, or exemplary damages (including lost profits, data, business opportunities, or goodwill), even if advised of the possibility. 8.5 The foregoing limitations do not apply to liability arising from gross negligence, willful misconduct, or fraud.

9. INDEMNIFICATION The Client shall indemnify, defend, and hold harmless the Consultant from claims, losses, or damages arising from (i) the Client's breach of these Terms, (ii) inaccurate/incomplete information provided, or (iii) the Client's use of Services or deliverables in violation of law.

10. TERMINATION Either party may terminate for material breach (with 30 days' written notice to cure, if curable). The Consultant may terminate immediately for non-payment or unethical conduct. Upon termination, the Client pays all accrued fees/expenses; surviving provisions (confidentiality, limitation of liability, etc.) continue.

11. GOVERNING LAW AND JURISDICTION 11.1 These Terms and any related disputes are governed by the laws of the State of Wyoming, without regard to conflict-of-laws principles. 11.2 Any disputes shall be resolved exclusively in the state or federal courts located in Sheridan County, Wyoming. The parties consent to personal jurisdiction and venue therein.

12. FORCE MAJEURE Neither party is liable for delays or failures due to Force Majeure, provided prompt notice is given.

13. MISCELLANEOUS 13.1 These Terms, together with the Service Agreement, constitute the entire agreement and supersede prior understandings. 13.2 Amendments must be in writing and signed. 13.3 If any provision is invalid, the remainder remains enforceable. 13.4 Electronic signatures and communications are valid. 13.5 Contact: For questions or support, email contact@cybercfi.com.

By engaging the Consultant's Services, the Client acknowledges these Terms.