TERMS AND CONDITIONS
These Terms govern your use of the Ninefold Advisory LLC website and the consulting and advisory services we provide. Please read them carefully. Every engagement is also governed by a separate written engagement agreement specific to that engagement.
Agreement to these Terms
Our services
Engagements
Fees & payment
Revisions
Refunds & cancellation
Client responsibilities
Confidentiality
Intellectual property
Warranties & disclaimers
Limitation of liability
Indemnification
Term & termination
Independent relationship
Governing law & disputes
Changes to these Terms
Contact
01. Agreement to these Terms
These Terms & Conditions ("Terms") form an agreement between you ("you" or "the client") and Ninefold Advisory LLC ("we," "us," or "our"). By using this website or engaging us for services, you agree to these Terms.
Each engagement is also governed by a separate written engagement agreement covering the scope of work, deliverables, timeline, and fees for that specific engagement. Where that engagement agreement conflicts with these Terms, the engagement agreement controls for that engagement.
02. Our services
Ninefold Advisory provides operational, executive, and leadership consulting for growing businesses. Our services range from fixed-scope diagnostic and advisory work to longer, embedded engagements, and are scoped individually based on each client's needs.
Our work is advisory and operational in nature. We provide recommendations, frameworks, systems, training, and — where an engagement includes hands-on or embedded work — direct operational support. In all cases, you retain full authority over, and responsibility for, the business decisions you make and the actions you or your team take. Unless expressly stated in writing, our services do not constitute legal, tax, accounting, or investment advice, and you should seek appropriately licensed professionals for those matters.
03. Engagements
Every engagement begins with a consultation at no cost. Before any billable work starts, we agree the scope of work, deliverables, timeline, and fees in a written engagement agreement specific to that client and that project.
Because our services vary considerably by client need — from a fixed-scope diagnostic to an embedded, ongoing engagement — these Terms intentionally do not prescribe scope, structure, or timeline for any particular offer. That detail lives in each engagement agreement, not here.
Changes to agreed scope take effect only when confirmed in writing by both parties, and may adjust fees or timelines accordingly.
04. Fees & payment
Fees for each engagement are set out in that engagement's written agreement.
Currency. Fees are quoted and invoiced in US dollars (USD) unless otherwise stated in the engagement agreement.
Payment methods. Invoices are payable via Quickbooks or Xero.
Payment terms. Invoices are due within the period stated on the invoice. We may pause work on overdue accounts until payment is brought current.
Billing structure (upfront, milestone-based, recurring, etc.) is set per engagement and confirmed in writing before work begins.
05. Revisions
Reasonable revisions needed to bring a deliverable in line with the scope agreed for an engagement are included in the engagement fee, not billed separately. Work that goes beyond agreed scope is quoted and agreed in writing before it is carried out.
06. Refunds & cancellation
Refund and cancellation terms are specific to each engagement and are set out in that engagement's written agreement. As a general principle, you are not billed for work that was not delivered, and any applicable refund is calculated on the portion of fees paid but not yet earned as of the cancellation date.
07. Client responsibilities
To do this work well, we rely on you to provide accurate and timely information, reasonable access to relevant people, systems, and materials, and prompt review and approval of deliverables.
You are responsible for your own business decisions and for implementing — or choosing not to implement — our recommendations, frameworks, or systems. Delays or inaccuracies in information or access you provide may affect timelines, outcomes, and fees.
08. Confidentiality
Each party may receive confidential information from the other over the course of an engagement. Each party agrees to protect the other's confidential information and to use it only to perform or benefit from the engagement.
Confidentiality does not apply to information that is or becomes public through no fault of the receiving party, was already known to it, is independently developed, or must be disclosed by law or court order.
09. Intellectual property
On full payment for the relevant engagement, you receive the right to use the deliverables, reports, and materials we prepare specifically for you in the operation of your business.
We retain ownership of our pre-existing materials, methodologies, templates, and general know-how — including anything developed before or independently of your engagement, even where customized for you. Unless we agree otherwise in writing, we may state that we worked with you and describe the general nature of the engagement for our portfolio and marketing, without disclosing your confidential information.
10. Warranties & disclaimers
We provide our services with reasonable professional skill and care. Business outcomes depend on many factors outside our control, and we do not guarantee any specific business result, revenue, or outcome.
To the fullest extent permitted by law, this website and its content are provided "as is," and we disclaim all implied warranties, including merchantability and fitness for a particular purpose, except those that cannot be excluded by law.
11. Limitation of liability
To the fullest extent permitted by law, neither party is liable to the other for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill, arising out of or relating to the services or these Terms.
To the fullest extent permitted by law, our total aggregate liability arising out of or relating to the services or these Terms will not exceed the total fees you paid to Ninefold Advisory LLC in the twelve (12) months immediately preceding the event giving rise to the claim.
Nothing in these Terms limits or excludes any liability that cannot be limited or excluded under applicable law.
12. Indemnification
You agree to indemnify and hold harmless Ninefold Advisory LLC from claims, losses, and reasonable expenses arising out of your use of our deliverables, the materials or information you provide to us, decisions made based on our recommendations, or your breach of these Terms — except to the extent caused by our own negligence or willful misconduct.
13. Term & termination
These Terms apply while you use this website or engage us for services. Individual engagements begin and end as set out in their engagement agreements.
On termination of an engagement, you pay for work already delivered and approved, the refund terms in your engagement agreement apply, and the sections of these Terms that by their nature should survive — including confidentiality, intellectual property, limitation of liability, and governing law — continue to apply.
14. Independent relationship
We act as an independent contractor. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between the parties, and neither party may bind the other.
15. Governing law & disputes
These Terms and any engagement are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules.
The parties will first attempt to resolve any dispute in good faith through direct discussion. If a dispute cannot be resolved that way, the parties submit to the exclusive jurisdiction of the state and federal courts located in Dallas County, TX.
16. Changes to these Terms
We may update these Terms from time to time. The current version is always the one posted on this page, with the "last updated" date shown at the top. Changes affecting an active engagement will be handled through that engagement's agreement, not applied retroactively.
17. Contact
Questions about these Terms can be sent to us at:
Ninefold Advisory LLC 5900 Balcones Dr. St 100 Austin, TX 78731. info@ninefoldadvisory.com