Terms of Service and Purchase Agreement

Updated: May 14, 2026

These Terms of Service ("Terms") govern all services provided by Patten Consulting, LLC ("Service Provider," "we," "our," or "us") to any client ("Client," "you"). By signing a proposal, executing a Statement of Work (SOW), or submitting payment, you agree to be bound by these Terms.

1. AGREEMENT & SCOPE OF WORK

By engaging our services, the Client agrees to:

  • These Terms of Service
  • The specific scope, deliverables, pricing, and timeline in the applicable Proposal or SOW
  • Any supplementary project documentation mutually agreed upon in writing

Each SOW or Proposal forms part of this agreement. Verbal understandings and informal communications do not modify this agreement.

Platform Flexibility: Deliverables may be developed using the platforms or tools specified in the SOW, or their equivalents, at Service Provider's discretion. This includes, but is not limited to: Google Sheets or equivalent, Vapi or equivalent, n8n/Zapier/Make or equivalent.

2. SERVICES PROVIDED

Services may include, without limitation:

  • AI automation development and implementation
  • Web application and workflow automation (e.g., n8n, Zapier, Make)
  • CRM configuration and integration
  • Custom voice agent development (e.g., Vapi)
  • Strategy, training, and ongoing support

Tools and platforms are subject to change if technical feasibility, cost, or performance so requires. Equivalent substitutes will be provided to meet or exceed project goals.

3. CHANGE MANAGEMENT

3.1 Scope Changes & Change Orders

All changes to the approved scope—including added features, revised requirements, platform changes, or timeline extensions—require a signed change order.

Change Orders must be:

  • Requested in writing
  • Reviewed by Service Provider with impact assessment
  • Documented and approved in a written addendum before execution

3.2 Billable Work Outside Scope

Work performed outside the original scope will be billed at the standard hourly rate of $250/hour unless otherwise agreed. This includes:

  • Feature additions not in the signed SOW
  • Platform substitutions requiring rework
  • Client-requested changes exceeding 30 minutes

3.3 Scope Creep Controls

We reserve the right to pause or deny work outside of scope until:

  • A change order is approved, or
  • Additional billing is confirmed by the Client in writing

4. CLIENT RESPONSIBILITIES

Client agrees to:

  • Provide timely access to systems, data, tools, and personnel
  • Respond to feedback, approval, or access requests within 5 business days
  • Assign a primary decision-maker for the project
  • Purchase and maintain required third-party tools (e.g., Claude accounts, CRM platforms)

Delays caused by the Client (e.g., lack of access, slow feedback) may:

  • Extend project timelines
  • Result in additional billing at our standard hourly rate
  • Delay delivery or suspend project work

4.1 In-Person Session Requirements

For in-person sessions, Client is responsible for providing:

  • A large-screen display or projector with HDMI or wireless screen-sharing capability
  • Stable WiFi with sufficient bandwidth for live demonstrations
  • A room configuration that allows all participants to clearly see the presenter's screen

A/V setup and room logistics must be confirmed with Elevate Online no later than 5 business days before the session. If adequate A/V or room setup is unavailable on the session date due to Client's failure to arrange it, the session proceeds as-is or is rescheduled by mutual agreement. No refund is issued for Client-side technical or logistical failures.

4.2 Participant Headcount Confirmation

For group sessions with per-participant or capacity-limited pricing, Client must confirm final participant headcount no later than 5 business days before the session date. Participants above the confirmed maximum are subject to overage fees as specified in the applicable SOW. Failure to confirm headcount by this deadline does not entitle Client to a price reduction if fewer participants attend.

5. TIMELINES & DELIVERY

All delivery timelines are estimates and contingent on Client meeting responsibilities. We are not responsible for delays due to:

  • Client's failure to respond or provide access
  • Platform/API limitations or outages
  • Scope modifications or change orders

6. FEES, PAYMENT & REFUNDS

6.1 Payment Terms

  • Payments are due per the SOW (e.g., 50/50 deposit/final split or monthly retainer)
  • For session-based services, final payment is due no later than 5 business days before the scheduled session date. Services will not be delivered if final payment has not been received by this deadline
  • All other invoices are payable within 14 days of receipt
  • Late payments incur a $250 flat fee if payment is not received within 5 days of the due date

6.2 Suspension of Work

Services may be paused or access withheld if payment is more than 5 days overdue.

6.3 Cancellation Policy

Client-initiated cancellation — 14 or more days before scheduled session: All deposits paid are non-refundable. Client may reschedule to a mutually available date one (1) time at no additional charge. Rescheduled sessions are subject to this same cancellation policy.

Client-initiated cancellation — fewer than 14 days before scheduled session: All payments made to date are forfeited. No reschedule option is available. By this point, Elevate Online has completed intake preparation, allocated dedicated calendar time, and may have declined other engagements.

Reschedule requests within 48 hours of a scheduled session: One courtesy reschedule will be granted. Subsequent reschedule requests within 48 hours of a session are subject to a $250 reschedule fee.

Provider-initiated cancellation: If Elevate Online cancels for any reason other than Client's breach of this agreement, Client will receive a full refund of all payments made. Elevate Online's liability is limited to that refund.

6.4 Refunds

  • All payments are non-refundable once services begin
  • Client remains liable for work completed up to the termination date
  • Early terminations may incur additional fees as defined in the SOW

6.5 Travel & In-Person Expenses

Travel expenses for in-person sessions outside of the Richmond, VA metro area are billed at cost and itemized separately. Travel requirements and estimated costs will be disclosed in the applicable SOW prior to signing. Client is responsible for all reasonable travel expenses including transportation, lodging, and meals, unless otherwise specified in the SOW.

6.6 Session Recordings

Where session recording is included as a deliverable, recordings will be delivered within 48 hours of session completion. Recordings are for Client's internal use only. Client may share recordings internally with employees and contractors but may not distribute recordings publicly, post them online, or use them for commercial purposes without Elevate Online's written consent.

7. INTELLECTUAL PROPERTY

  • All pre-existing frameworks, code, templates, methodologies, and IP developed independently by Service Provider ("Background Materials") remain property of Service Provider
  • Upon receipt of final payment, Client owns any custom deliverables created specifically for them during the engagement, including custom Project Instructions, prompts, workflows, configurations, and written materials ("Work Product")
  • Client receives a perpetual, non-exclusive license to use any Background Materials incorporated into the Work Product solely for Client's internal operations
  • Client may not resell, sublicense, or use deliverables to compete with Service Provider

8. CONFIDENTIALITY

Both parties agree to keep confidential any proprietary or sensitive information shared during this engagement, including but not limited to: business processes, customer data, pricing, technical specifications, internal tooling, and workflow details ("Confidential Information").

  • Neither party shall disclose Confidential Information to third parties without prior written consent, except as required by law
  • Each party shall use Confidential Information solely for the purposes of this engagement
  • This obligation survives termination or completion of the engagement for a period of two (2) years
  • Excluded from confidentiality obligations: information that is publicly available, independently developed, or already known to the receiving party prior to disclosure

9. THIRD-PARTY TOOLS & DEPENDENCIES

Client is responsible for:

  • Maintaining subscriptions and access to third-party tools
  • Compliance with third-party terms of service
  • All associated subscription and usage costs

9.1 Platform Availability

Delivery of session-based engagements depends on third-party platforms (primarily Anthropic's Claude) being available and performing normally. If a platform experiences an outage or significant degradation on a scheduled session date:

  • The session will be rescheduled to the next mutually available time at no additional cost
  • Reschedules for this reason do not count against any courtesy reschedule limit
  • If degraded performance only partially affects a session, both parties may agree to continue; any remaining work will be completed within the engagement window

9.2 Third-Party Account Actions

Elevate Online does not control Anthropic's or any other platform's account, moderation, or enforcement policies. These platforms may, at their sole discretion, suspend, restrict, or terminate accounts — including accounts in active use during an engagement.

Elevate Online is not responsible for:

  • Any platform account suspension, restriction, or termination affecting Client or Client's team
  • Loss of access to Claude Projects, conversation history, or other platform-hosted data
  • Outcomes resulting from Client's violation of a platform's terms of service

Elevate Online will provide reasonable guidance on available appeal processes but cannot guarantee any specific outcome or timeline.

9.3 Evolving Platforms

Claude, MCP standards, and connected third-party tools are actively evolving. Features demonstrated or configured during an engagement may change, be deprecated, or behave differently after delivery. Elevate Online is not responsible for maintaining, updating, or troubleshooting deliverables after the engagement concludes. Ongoing change management is available through a separate engagement.

10. WARRANTIES & DISCLAIMERS

  • We warrant services will be delivered professionally and according to agreed scope
  • We do not guarantee specific business outcomes (e.g., revenue growth, ranking improvements, adoption rates, or time savings)
  • All services are provided "as-is" except as expressly stated

11. LIMITATION OF LIABILITY

  • Our total liability is limited to the total amount paid by Client for the specific SOW in question
  • We are not liable for indirect, special, or consequential damages, including data loss or lost profits

12. FORCE MAJEURE

Neither party shall be liable for delays or failures in performance resulting from circumstances beyond reasonable control, including but not limited to: acts of God, natural disasters, pandemic, civil unrest, war, terrorism, labor disputes, power failures, internet outages, or third-party service disruptions.

The affected party shall notify the other promptly in writing and shall resume performance as soon as reasonably possible. If a force majeure event prevents performance for more than 30 consecutive days, either party may terminate the engagement with written notice. In that event, Client is entitled to a pro-rated refund of any pre-paid fees for services not yet delivered.

13. TERMINATION

Either party may terminate with 30 days' written notice.

Immediate termination permitted for:

  • Payment default beyond 15 days
  • Breach of material term
  • Illegal or unethical conduct

Upon termination, Client owes:

  • All work completed through termination date
  • Any non-refundable platform/tool expenses

14. MAINTENANCE & RETAINER AGREEMENTS

Project-based engagements do not include ongoing maintenance, support, or guaranteed availability after delivery. Software requires ongoing updates, security patches, and monitoring — these are not included in the original project scope.

Clients who require ongoing support, priority access, or guaranteed response times may enter into a separate Maintenance or Retainer Agreement. These agreements are scoped on a case-by-case basis depending on the complexity of the project and the level of support needed.

  • Without a retainer, post-project requests are subject to availability and billed at the standard hourly rate
  • Retainer agreements include guaranteed response times, proactive maintenance, and priority scheduling
  • Terms, scope, and pricing for retainer agreements are defined in a separate addendum

To learn more about why maintenance matters and how retainer agreements work, visit our maintenance & retainer information page.

15. DISPUTE RESOLUTION

  • Both parties will attempt good faith negotiation for 30 days
  • If unresolved, mediation will be pursued
  • Legal remedies may follow if mediation fails

16. MISCELLANEOUS

  • This agreement is governed by Virginia law
  • We operate as an independent contractor
  • This is the entire agreement and supersedes prior versions

17. CLIENT ACKNOWLEDGMENT

By initiating payment, signing a proposal, or commencing the project, Client acknowledges:

  • They have received and reviewed the Statement of Work for this project
  • They agree to the deliverables, timeline, and pricing specified in the SOW
  • They have read and accepted these Terms
  • They understand platform flexibility, scope change policies, and billing practices
  • They have had the opportunity to seek legal advice

Contact: nicole@elevateonline.com

Patten Consulting, LLC