Terms of Service

By engaging Nikita’s Compliance Consulting (“NCC”), the client (“Client”) agrees to the following terms governing all consulting services, whether purchased as emergency response services, project-based engagements, enterprise initiatives, or ongoing advisory support.

NCC provides professional compliance consulting services focused on regulatory preparedness, corrective action planning, documentation guidance, operational review, and inspection readiness. NCC does not perform physical repairs, equipment installation, construction, remediation, sanitation services, or contractor work, nor does NCC represent clients before regulatory authorities or act as an agent of any government body. All services are advisory and consultative in nature.

All emergency, closure response, and time-sensitive compliance services require full payment in advance prior to commencement. Due to the urgent nature of these services, the allocation of consultant time, potential deployment of third-party support personnel, and immediate delivery of proprietary materials, all payments for emergency or closure response services are non-refundable once services begin or deliverables are provided. For multi-phase enterprise engagements or long-term retainers only, NCC may, at its discretion, structure milestone-based billing; however, single-scope emergency services are never eligible for deposit-only arrangements.

Client acknowledges that NCC’s services are designed to support compliance readiness and risk reduction, not to guarantee regulatory outcomes. Regulatory inspections, enforcement actions, citations, closures, fines, or approvals are solely within the authority of the applicable regulatory agency. NCC makes no guarantees, express or implied, regarding inspection results, scores, reopening approval, avoidance of citations, or continued operation. Client further acknowledges that failure to implement NCC’s recommendations, partial implementation, delayed action, operational decisions, staffing issues, equipment failures, or conditions outside the defined scope of engagement may result in regulatory findings for which NCC bears no responsibility.

NCC’s responsibility is strictly limited to the issues, locations, and concerns expressly included within the agreed scope of services. NCC shall not be liable for violations, deficiencies, or enforcement actions related to conditions outside the defined scope, including but not limited to issues not disclosed by the Client, conditions arising after service delivery, unrelated operational areas, or violations identified during inspection that were not part of the contracted engagement. Client represents and warrants that all material compliance concerns known to Client have been fully and accurately disclosed to NCC prior to the commencement of services.

All reports, corrective action plans, documentation templates, checklists, summaries, and advisory materials provided by NCC constitute proprietary deliverables. Upon delivery, the Client is deemed to have received the full benefit of services, regardless of subsequent regulatory outcomes. Retention or use of deliverables confirms completion of services.

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

Client expressly authorizes all charges submitted by NCC and acknowledges that payment constitutes acceptance of services. Client agrees not to initiate chargebacks or payment disputes for services that have commenced or for which deliverables have been provided. Documentation, reports, communications, access logs, and delivered materials shall constitute conclusive evidence of service fulfillment and authorization.

Governing Law and Arbitration. 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, claim, or controversy 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 (AAA) under its Commercial Arbitration Rules, conducted in the State of Alabama, rather than in court. Notwithstanding the foregoing, NCC may seek injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property or proprietary materials. The parties knowingly and voluntarily waive any right to a jury trial or to participate in a class or representative action.

NCC shall not be liable for any delay or failure to perform services resulting from events beyond its reasonable control, including but not limited to acts of God, natural disasters, utility failures, labor shortages, governmental actions, regulatory delays, public health emergencies, or other circumstances that make performance impracticable or impossible. In such events, NCC’s obligations shall be suspended for the duration of the force majeure event without liability.

If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect. These Terms constitute the entire agreement governing NCC services unless superseded by a written enterprise agreement signed by both parties. Continued engagement of NCC constitutes acceptance of these Terms.