Effective Date: 14 February 2025

Last Updated: 14 February 2025

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These Terms of Business (“Terms”) govern the provision of services by Ajay Pabial (“Provider,” “we,” “us,” or “our”) to any client or entity (“Client,” “you,” or “your”) engaging our services. By engaging our services, you acknowledge that you have read, understood, and agreed to these Terms.

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1. SCOPE OF SERVICES

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1.1 We provide professional services in the fields of:
 

• Creative Leadership & Social Innovation, including but not limited to program design and delivery, consultancy, workshop facilitation, and impact assessment.

• Intersectional Arts Advocacy, including diversity and inclusion training, cultural programming, public speaking, and creative identity coaching.

• Cultural Strategy & Community Building, including strategic planning, community engagement, network development, and consultancy for arts and cultural organizations.

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1.2 The specific scope of work for each engagement will be detailed in a separate proposal, agreement, or invoice issued before the commencement of services.

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1.3 We reserve the right to modify, expand, or discontinue any service offerings at our sole discretion.

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2. CLIENT RESPONSIBILITIES

2.1 The Client agrees to provide all necessary information, materials, and cooperation required for the timely and effective completion of the services.

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2.2 The Client acknowledges that the success of the services depends on their active participation and timely feedback.

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2.3 The Client agrees to engage in professional and respectful communication throughout the service engagement.

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3. FEES, PAYMENTS & CANCELLATION

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3.1 Fees & Payment Terms

• Fees for services will be specified in a formal agreement, proposal, or invoice.

• Payments are due in full or as per the agreed installment schedule before the commencement of work, unless otherwise specified.

• Payments shall be made via Bank Transfer or else otherwise agreed before the commencement of work.

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3.2 Late Payments

• Failure to make payments within the agreed timeframe may result in service suspension or termination.

• A late payment fee may be applied for overdue invoices.

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3.3 Cancellations & Refunds

• If the Client cancels the service before commencement, a refund may be issued at our discretion, minus any administrative or preparatory costs incurred.

• Once services have commenced, no refunds will be provided unless otherwise agreed.

• We reserve the right to cancel a service agreement if the Client fails to adhere to these Terms or engages in unethical, discriminatory, or unprofessional conduct.

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4. INTELLECTUAL PROPERTY RIGHTS

4.1 Any reports, strategies, training materials, or other deliverables created by us during the engagement remain our intellectual property unless expressly transferred in writing.

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4.2 The Client may use provided materials strictly for their intended purpose and may not distribute, modify, or reproduce them without explicit permission.

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4.3 Any pre-existing intellectual property belonging to the Client remains their property, and any confidential information shared with us will be treated with strict confidentiality.

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5. LIMITATION OF LIABILITY

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5.1 We provide services on a professional and good-faith basis but do not guarantee specific outcomes. The Client acknowledges that results depend on multiple factors beyond our control.

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5.2 To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits, business interruption, reputational damage, or legal claims arising from the use of our services.

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5.3 Our total liability for any claims related to the services shall not exceed the amount paid by the Client for the specific engagement in question.

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6. CONFIDENTIALITY & DATA PROTECTION

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6.1 Both parties agree to maintain the confidentiality of any sensitive information shared during the course of service provision.

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6.2 We comply with applicable data protection laws and will only collect, use, and store personal data as outlined in our Privacy Policy.

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6.3 The Client agrees that testimonials, feedback, or case studies may be used for promotional purposes unless explicitly requested otherwise.

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7. TERMINATION

7.1 Either party may terminate an engagement with written notice if the other party breaches any material term of these Terms and fails to remedy the breach within 14 days of receiving written notice.

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7.2 Upon termination, the Client remains liable for any outstanding payments due for services already rendered.

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7.3 Sections 4 (Intellectual Property Rights), 5 (Limitation of Liability), and 6 (Confidentiality & Data Protection) shall survive termination.

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8. DISPUTE RESOLUTION

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8.1 Any disputes arising from these Terms shall first be resolved through good-faith negotiations.

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8.2 If a resolution cannot be reached, both parties agree to seek mediation before pursuing legal action.

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8.3 These Terms shall be governed by the laws of England and Wales, and any legal disputes shall be subject to the exclusive jurisdiction of the English courts.

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9. GENERAL PROVISIONS

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9.1 Amendments – We reserve the right to modify these Terms at any time, with updated terms posted on our website. Continued use of our services constitutes acceptance of any revisions.

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9.2 Force Majeure – We shall not be liable for delays or failure to perform services due to causes beyond our reasonable control, including but not limited to natural disasters, strikes, or government actions.

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9.3 No Waiver – Failure to enforce any provision of these Terms shall not be construed as a waiver of any rights.

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9.4 Severability – If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.

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CONTACT INFORMATION

If you have any questions about these Terms, please contact:

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Name: Ajay Pabial

Email: ajaypabial@gmail.com