Terms of Service

By engaging Nikita’s Compliance Consulting (“NCC”), the client entity (“Client”) agrees that these Terms of Service govern all professional services provided by NCC unless superseded by a fully executed written agreement, including but not limited to an engagement letter, master services agreement, task order, or government procurement instrument.

NCC provides professional compliance consulting services focused on regulatory preparedness, documentation review, corrective action planning, operational assessment, inspection readiness, and compliance program support. NCC does not perform physical repairs, equipment installation, construction, remediation, sanitation services, or contractor work, and does not act as a licensed inspector, regulatory authority, or agent of any government entity. All services are advisory and consultative in nature and are intended to support compliance readiness and risk management.

Certain services, including emergency response, closure response, and time-sensitive compliance support, require payment in full prior to commencement. Due to the allocation of consultant resources, potential engagement of third-party support, and immediate delivery of proprietary materials, payments for such services are non-refundable once services have commenced or deliverables have been provided. For multi-phase enterprise engagements or long-term retainers, NCC may, at its discretion, establish milestone-based billing schedules. Single-scope or emergency services are not eligible for deposit-only arrangements unless expressly agreed in writing.

Client acknowledges that NCC’s services are designed to support compliance readiness and risk reduction and do not guarantee regulatory outcomes. Inspections, enforcement actions, citations, closures, approvals, or penalties are solely within the authority of the applicable regulatory agencies. NCC makes no express or implied representations or warranties regarding inspection results, reopening determinations, avoidance of citations, or continued operation. Client further acknowledges that regulatory outcomes may be affected by factors outside NCC’s control, including but not limited to operational decisions, staffing practices, equipment conditions, timing of implementation, partial or delayed adoption of recommendations, or conditions arising after service delivery.

NCC’s responsibilities are strictly limited to the scope of services expressly defined in the applicable engagement. NCC shall not be responsible for violations, deficiencies, or enforcement actions related to matters outside the agreed scope, including undisclosed conditions, unrelated operational areas, post-engagement changes, or issues identified during inspection that were not included within the contracted services. Client represents that all material compliance concerns known to Client have been fully and accurately disclosed prior to the commencement of services.

All reports, assessments, corrective action plans, documentation templates, summaries, and advisory materials provided by NCC constitute proprietary deliverables prepared for the specific engagement. Delivery of such materials constitutes completion of the services described in the applicable scope. Client’s retention or use of deliverables confirms acceptance of the services provided, regardless of subsequent regulatory outcomes.

To the fullest extent permitted by applicable law, NCC shall not be liable for indirect, incidental, consequential, special, or regulatory damages, including but not limited to lost revenue, business interruption, reputational harm, fines, penalties, or enforcement-related costs. NCC’s total cumulative liability, if any, shall be limited to the amount actually paid by Client for the specific services giving rise to the claim.

Client authorizes all charges submitted by NCC in accordance with the applicable engagement and acknowledges that payment constitutes acceptance of services rendered. Client agrees not to initiate chargebacks or payment disputes for services that have commenced or for which deliverables have been provided. Reports, correspondence, access records, time logs, and delivered materials shall constitute evidence of service authorization and fulfillment.

These Terms shall be governed by and construed in accordance with the laws of the State of Alabama, without regard to conflict-of-law principles. Any dispute arising out of or relating to NCC’s services, deliverables, or these Terms shall be resolved exclusively through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, conducted in the State of Alabama. NCC may seek injunctive or equitable relief in a court of competent jurisdiction to protect its proprietary materials or intellectual property. The parties knowingly waive any right to a jury trial or participation in a class or representative action.

NCC shall not be responsible for delays or failure to perform resulting from events beyond its reasonable control, including acts of God, natural disasters, utility disruptions, labor shortages, governmental actions, regulatory delays, public health emergencies, or other circumstances rendering performance impracticable. In such events, NCC’s obligations shall be suspended for the duration of the force majeure condition without liability.

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect. These Terms constitute the governing terms for NCC services unless superseded by a written agreement executed by both parties. Continued engagement of NCC constitutes acceptance of these Terms.