Alacrity Digital

    Terms of Service

    Last Updated: April 29, 2025

    These Terms of Service (the "Terms") govern your access to and use of the website of Alacrity Digital, LLC ("Alacrity Digital," "we," "us," or "our") and the digital consulting services provided by Alacrity Digital (the "Services"). By accessing the Site or using our Services, you (the "Client," "you," or "your") agree to be bound by these Terms. If you do not agree to these Terms, you may not access the Site or use our Services.

    1. Acceptance of Terms

    By accessing or using the Site or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, including our Privacy Policy, which is incorporated herein by reference.

    2. Description of Services

    Alacrity Digital provides digital consulting services, which may include but are not limited to: digital strategy, website development, SEO, digital marketing strategy, content creation, and technology strategy. The specific details and scope of the Services to be provided will be outlined in a separate agreement or statement of work (the "Agreement") entered into between Alacrity Digital and the Client.

    3. Client Obligations

    As a Client, you agree to:

    • Provide us with accurate, complete, and timely information necessary for the provision of the Services.
    • Cooperate with us in a timely and efficient manner to enable us to perform the Services.
    • Obtain any necessary third-party licenses, consents, or permissions required for the use of materials or information you provide to us.
    • Review and provide feedback on deliverables in a timely manner as agreed upon.
    • Pay all fees and expenses in accordance with the terms outlined in the Agreement.
    • Use the Site and Services in compliance with all applicable laws and regulations.

    4. Fees and Payment

    The fees for our Services will be as set forth in the Agreement. Unless otherwise specified in the Agreement, all fees are payable in US dollars within 30 days of invoice. Late payments may be subject to interest at a rate of 1.5% per month or the maximum rate permitted by law, whichever is lower. You are responsible for any applicable taxes.

    5. Intellectual Property

    • Client Materials: You retain all right, title, and interest in and to any content, data, or materials you provide to us (the "Client Materials"). You grant Alacrity Digital a non-exclusive, worldwide, royalty-free license to use the Client Materials solely for the purpose of providing the Services.
    • Alacrity Digital Materials: Unless otherwise agreed in the Agreement, Alacrity Digital retains all right, title, and interest in and to any methodologies, templates, tools, software, code, and other materials developed or provided by Alacrity Digital in connection with the Services (the "Alacrity Digital Materials"). We grant you a non-exclusive, non-transferable license to use the Alacrity Digital Materials solely in connection with your receipt of the Services, subject to the terms of the Agreement.
    • Deliverables: The ownership of any deliverables created as part of the Services will be as specified in the Agreement. Upon full payment of all fees, you will typically own the final deliverables, excluding any underlying Alacrity Digital Materials.

    6. Confidentiality

    Both Alacrity Digital and the Client agree to maintain the confidentiality of any proprietary or non-public information disclosed by the other party (the "Confidential Information"). Confidential Information shall not include information that is: (a) publicly known; (b) already known to the receiving party at the time of disclosure; (c) rightfully obtained from a third party without restriction; or (d) independently developed by the receiving party without use of the disclosing party's Confidential Information. This obligation of confidentiality shall survive the termination of these Terms and any Agreement.

    7. Disclaimer of Warranties

    The site and services are provided on an "as is" and "as available" basis without warranties of any kind, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade. Alacrity Digital does not warrant that the site or services will be uninterrupted, error-free, or completely secure.

    8. Limitation of Liability

    To the maximum extent permitted by applicable law, in no event shall Alacrity Digital, its affiliates, officers, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages (including, without limitation, damages for loss of profits, data, use, goodwill, or other intangible losses) arising out of or relating to your access to or use of (or inability to access or use) the site or services, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, even if Alacrity Digital has been advised of the possibility of such damages. In any case, the total aggregate liability of Alacrity Digital to you for all claims arising out of or relating to these terms or the services shall not exceed the total fees paid by you to Alacrity Digital under the applicable agreement in the twelve (12) months preceding the event giving rise to the liability.

    9. Indemnification

    You agree to indemnify, defend, and hold harmless Alacrity Digital, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your breach of these Terms or any Agreement; (b) your use of the Site or Services; (c) your violation of any third-party rights, including intellectual property rights or privacy rights; or (d) your negligence or willful misconduct.

    10. Termination

    • By Client: You may terminate the Services upon written notice as specified in the Agreement.
    • By Alacrity Digital: We may terminate the Services or these Terms upon written notice to you if you breach any material provision of these Terms or the Agreement, or if we are required to do so by law.
    • Effect of Termination: Upon termination, your right to access and use the Services will cease. You will be liable for any outstanding fees and expenses incurred up to the date of termination. Provisions related to intellectual property, confidentiality, disclaimer of warranties, limitation of liability, indemnification, and governing law shall survive termination.

    11. Governing Law and Dispute Resolution

    These Terms and any Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or the Services shall be exclusively resolved in the state or federal courts located in Westchester County, New York. You consent to the personal jurisdiction of such courts.

    12. Entire Agreement

    These Terms, together with the Privacy Policy and any applicable Agreement, constitute the entire agreement between you and Alacrity Digital with respect to the Site and Services and supersede all prior or contemporaneous communications and proposals, whether oral or written.

    13. Modifications to Terms

    We reserve the right to modify these Terms at any time. We will post any changes on this page and update the "Last Updated" date. By continuing to access the Site or use the Services after any such changes, you agree to be bound by the revised Terms. It is your responsibility to review these Terms periodically.

    14. Miscellaneous

    • Waiver: The failure of Alacrity Digital to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
    • Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
    • Assignment: You may not assign or transfer your rights or obligations under these Terms without the prior written consent of Alacrity Digital. Alacrity Digital may assign or transfer its rights and obligations under these Terms without your consent.
    • Notices: All notices to Alacrity Digital shall be in writing and sent to the address provided in the "Contact Us" section of our Site. Notices to you may be sent to the email address you provide to us.

    15. Contact Us

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

    Alacrity Digital, LLC

    contact@alacritydigital.com