Terms and Conditions

TalentTEK Consulting LLC  ·  Last updated: April 2026  ·  Effective date: April 2026

1. Definitions

In these Terms and Conditions, the following terms have the meanings set out below:

• “TalentTEK,” “we,” “us,” and “our” refer to TalentTEK Consulting LLC, the company operating this website and providing the services described herein.
• “You” and “client” refer to any individual, company, or organization that accesses this website or engages TalentTEK for services.
• “Services” refer to the IT consulting, technology implementation, cloud migration, software development, cybersecurity, ERP implementation, data and analytics, and digital transformation services provided by TalentTEK.
• “Website” refers to the website accessible at talenttekconsulting.com and all pages and subdomains associated with it.
• “Engagement” refers to any formal service agreement entered into between TalentTEK and a client, including all statements of work, proposals, and service contracts.
• “Deliverables” refers to any documents, code, systems, reports, or other outputs produced by TalentTEK in the course of an engagement.
• “Confidential Information” refers to any information disclosed by either party during an engagement that is designated as confidential or that a reasonable person would understand to be confidential given its nature and the circumstances of disclosure.

2. Acceptance of Terms

By accessing or using this website, you confirm that you are at least 18 years of age, that you have read and understood these Terms and Conditions, and that you agree to be bound by them. If you are accessing this website or engaging our services on behalf of a company or organization, you confirm that you have the authority to bind that entity to these terms.

These Terms and Conditions apply to all visitors to the website and to all clients who engage TalentTEK for services. They apply in addition to any specific terms contained in a signed service agreement, statement of work, or engagement letter. In the event of any conflict between these terms and a signed service agreement, the terms of the signed service agreement will take precedence.

3. Use of This Website

Permitted use

You may access and use this website for lawful purposes and in accordance with these Terms and Conditions. You may browse content, submit inquiries through the contact form, and access publicly available information about our services.

Prohibited use

You must not use this website in any way that:

• Violates any applicable local, national, or international law or regulation
• Is unlawful, harmful, fraudulent, threatening, abusive, harassing, defamatory, vulgar, or obscene
• Infringes upon the intellectual property rights of TalentTEK or any third party
• Introduces viruses, malware, ransomware, or any other harmful code or material
• Attempts to gain unauthorized access to any part of the website, its servers, or any systems or networks connected to the website
• Conducts automated scraping, data mining, or harvesting of content or data from the website without our prior written consent
• Impersonates TalentTEK, our employees, or any other person or entity
• Interferes with or disrupts the operation of the website or servers
• Collects or stores personal information about other users of the website without their consent

4. Services

General

TalentTEK provides enterprise IT consulting services to mid-market and enterprise organizations. The scope, timeline, pricing, deliverables, and specific terms of any service engagement are set out in a separate written agreement between TalentTEK and the client. No engagement commences until a written agreement has been signed by authorized representatives of both parties.

Inquiries and proposals

Submitting an inquiry through our website or receiving a proposal from TalentTEK does not create a binding contractual obligation on either party. A binding engagement is created only when a written service agreement or statement of work has been executed by both parties.

Service modifications

Any changes to the scope of services agreed in a signed engagement must be documented in a written change order signed by authorized representatives of both parties. TalentTEK will not commence work on any change to scope without a signed change order. Verbal instructions, email approvals, or informal communications do not constitute authorization for scope changes.

Subcontractors

TalentTEK may engage qualified subcontractors to assist in delivering services. TalentTEK remains fully responsible for all work performed by any subcontractor engaged on a client engagement and for ensuring that subcontractors comply with any confidentiality or security obligations applicable to the engagement.

5. Client Responsibilities

The successful delivery of our services depends in part on the client fulfilling the following obligations:

• Providing accurate, complete, and timely information, documentation, and access required for TalentTEK to perform the services
• Designating a named client contact with sufficient authority to make decisions and provide approvals within agreed timeframes
• Participating in scheduled meetings, reviews, and sign-off sessions as agreed in the engagement plan
• Ensuring that all client-side personnel involved in the engagement understand and comply with any project governance requirements
• Providing timely feedback on deliverables within the review periods specified in the engagement agreement
• Ensuring that TalentTEK has lawful access to any third-party systems, software licenses, or data required to perform the services
• Maintaining appropriate backups of any data or systems prior to TalentTEK commencing any work that may affect those systems

Where a delay in delivery is caused by the client’s failure to meet these responsibilities, TalentTEK reserves the right to adjust agreed timelines and, where applicable, to charge for additional time and resources required as a result of that delay. Such adjustments will be documented in a written change order.

6. Fees and Payment

Fees

The fees for services are set out in the applicable engagement agreement or statement of work. All fees are quoted exclusive of applicable taxes unless otherwise stated. TalentTEK reserves the right to adjust its standard rates annually. Rate changes will not apply to any fixed-fee engagement already under contract at the time of the change.

Invoicing and payment terms

Unless otherwise agreed in writing, invoices are payable within 30 days of the invoice date. TalentTEK may invoice in advance for project phases or milestones as specified in the engagement agreement. Late payments may be subject to interest at the rate of 1.5 percent per month on the outstanding balance, or the maximum rate permitted by applicable law, whichever is lower.

Disputed invoices

If you dispute any portion of an invoice, you must notify TalentTEK in writing within 10 business days of receipt, specifying the amount in dispute and the grounds for the dispute. Undisputed amounts remain due and payable by the original due date. Both parties will work in good faith to resolve any invoice disputes promptly.

Suspension of services

TalentTEK reserves the right to suspend delivery of services if any undisputed payment is more than 30 days overdue, following written notice to the client. TalentTEK will not be liable for any delays or losses arising from a suspension of services due to non-payment.

7. Intellectual Property

TalentTEK pre-existing materials

TalentTEK retains all intellectual property rights in its methodologies, frameworks, tools, templates, processes, and any other materials that existed before the commencement of an engagement or that are developed by TalentTEK independently of the engagement. Nothing in these terms or in any engagement agreement transfers ownership of TalentTEK’s pre-existing intellectual property to the client.

Deliverables

Unless otherwise agreed in writing in the engagement agreement, upon receipt of full payment for an engagement, TalentTEK assigns to the client all intellectual property rights in the deliverables created specifically for that engagement. This assignment does not include any pre-existing TalentTEK materials incorporated into deliverables, for which TalentTEK grants the client a non-exclusive, perpetual, royalty-free license to use as part of the deliverable.

Website content

All content on this website including text, graphics, logos, images, and software is the property of TalentTEK Consulting LLC or its content suppliers and is protected by applicable intellectual property laws. You may not reproduce, distribute, modify, publish, or create derivative works from any content on this website without our prior written consent.

8. Confidentiality

Both parties agree to keep confidential all Confidential Information disclosed by the other party in connection with a service engagement. Each party will:

• Use the other party’s Confidential Information only for the purposes of the engagement
• Not disclose the other party’s Confidential Information to any third party without the disclosing party’s prior written consent, except to employees or subcontractors who need to know that information for the purposes of the engagement and who are bound by confidentiality obligations no less protective than these
• Take reasonable steps to protect the other party’s Confidential Information from unauthorized disclosure or use
• Notify the other party promptly upon becoming aware of any actual or suspected unauthorized disclosure of Confidential Information

Confidentiality obligations do not apply to information that is or becomes publicly known through no fault of the receiving party, was already known to the receiving party before disclosure, is independently developed by the receiving party without use of the Confidential Information, or is required to be disclosed by applicable law or court order, provided the receiving party gives prompt notice to the disclosing party and cooperates in seeking a protective order.

9. Data Protection

Where TalentTEK processes personal data on behalf of the client in the course of delivering services, the parties will enter into a separate data processing agreement that sets out their respective obligations under applicable data protection laws. TalentTEK will process such personal data only in accordance with the client’s instructions and applicable law.

Each party is independently responsible for ensuring that its own collection and use of personal data in connection with the engagement complies with applicable data protection laws. TalentTEK’s handling of personal data collected through this website is governed by our Privacy Policy.

10. Warranties

TalentTEK warranties

TalentTEK warrants that:

• It has the right and authority to enter into service engagements and to perform the services described therein
• The services will be performed by qualified personnel with appropriate skills and experience
• The services will be performed in a professional manner consistent with industry standards
• The deliverables will materially conform to the specifications set out in the applicable engagement agreement

Disclaimer of other warranties

Except as expressly set out in these terms or in a signed engagement agreement, TalentTEK provides the website and all information on it on an “as is” and “as available” basis without any warranty of any kind, express or implied. To the fullest extent permitted by applicable law, TalentTEK disclaims all implied warranties including warranties of merchantability, fitness for a particular purpose, and non-infringement.

11. Limitation of Liability

To the fullest extent permitted by applicable law:

• TalentTEK’s total liability to you for any claims arising out of or in connection with these terms or any engagement, whether in contract, tort, or otherwise, will not exceed the total fees paid by you to TalentTEK in the three months immediately preceding the event giving rise to the claim
• TalentTEK will not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including loss of profits, loss of revenue, loss of data, loss of business opportunity, or reputational harm, even if TalentTEK has been advised of the possibility of such damages

Nothing in these terms limits or excludes TalentTEK’s liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be limited or excluded under applicable law.

12. Indemnification

You agree to indemnify, defend, and hold harmless TalentTEK, its officers, directors, employees, agents, and subcontractors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your use of this website in violation of these Terms and Conditions
• Any content or information you submit to TalentTEK that infringes the rights of any third party
• Your violation of any applicable law or regulation
• Your breach of any obligation under a service engagement agreement

13. Force Majeure

Neither party will be liable for any delay or failure to perform its obligations under these terms or any engagement agreement to the extent that such delay or failure is caused by circumstances beyond that party’s reasonable control. This includes natural disasters, pandemics, acts of government, power outages, internet failures, civil unrest, or other events outside the affected party’s control.

The affected party must notify the other party promptly upon becoming aware of any force majeure event and must use reasonable efforts to minimize its effects and resume performance as soon as practicable. If a force majeure event continues for more than 60 consecutive days, either party may terminate the affected engagement by written notice without liability to the other party, except for payment of fees for services already delivered.

14. Term and Termination

Website access

TalentTEK reserves the right to suspend or terminate your access to this website at any time, with or without notice, for any reason including violation of these Terms and Conditions.

Service engagements

The duration, termination rights, and consequences of termination for each service engagement are set out in the applicable engagement agreement. Unless otherwise specified, either party may terminate an engagement for material breach if the breach remains uncured for 30 days following written notice specifying the breach in detail.

Effect of termination

Upon termination of an engagement for any reason, the client will pay TalentTEK for all services performed up to the effective date of termination. Sections of these terms that by their nature should survive termination, including confidentiality, intellectual property, limitation of liability, and governing law, will remain in effect after termination.

15. Governing Law and Dispute Resolution

These Terms and Conditions and any engagement agreements between TalentTEK and its clients are governed by the laws of the United States and the state in which TalentTEK is registered, without regard to conflict of law principles.

Before initiating any formal legal proceedings, both parties agree to attempt to resolve any dispute through good faith negotiation. If the dispute cannot be resolved through negotiation within 30 days of written notice of the dispute, either party may pursue their legal remedies. Any legal proceedings arising out of or in connection with these terms will be subject to the exclusive jurisdiction of the courts in TalentTEK’s state of registration.

16. Severability

If any provision of these Terms and Conditions is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions of these terms continue in full force and effect. The unenforceability of any provision will not affect the validity or enforceability of any other provision.

17. Entire Agreement

These Terms and Conditions, together with any signed engagement agreement or statement of work, constitute the entire agreement between you and TalentTEK with respect to the subject matter herein and supersede all prior or contemporaneous communications, representations, and agreements, whether written or oral, relating to that subject matter.

18. Waiver

TalentTEK’s failure to enforce any right or provision of these Terms and Conditions will not constitute a waiver of that right or provision. Any waiver of a specific breach of these terms does not constitute a waiver of any subsequent breach of the same or any other provision.

19. Changes to These Terms

TalentTEK reserves the right to update or modify these Terms and Conditions at any time. When we make material changes, we will update the effective date at the top of this document. Your continued use of this website after any changes to these terms constitutes your acceptance of the updated terms. We recommend that you review this page periodically for any changes.

20. Contact Us

If you have any questions about these Terms and Conditions or wish to contact us regarding any matter arising from them, please use the contact details below.