Pollux Terms and Conditions of Service

Effective Date: May 01 2025

These Terms and Conditions ("Terms") govern the use of all services, systems, strategies, and deliverables provided by Pollux ("we," "us," or "our") to clients ("you," "your"). By engaging with our services, you agree to these Terms and any supporting documentation issued in connection with your project.

1. Acceptance of Terms

By using our services, you acknowledge that you have read, understood, and agreed to be bound by these Terms. These Terms, along with any signed Proposal, Service Order, Work Plan, or Retainer Agreement, form the entire agreement between you and Pollux.

2. Service Scope and Execution

• Defined Scope: Our services are performed based on the scope defined in the accepted proposal and service order. Any additional services or revisions not included will require a separate agreement and fee.

• Modifications: We reserve the right to make reasonable modifications to service delivery in line with industry standards. Modifications affecting up to 10% of workload may be made without client approval. Adjustments exceeding 10% require written client approval.

• Client Access and Cooperation: You are responsible for providing access to necessary platforms, information, documents, and approvals. Delays caused by unresponsiveness may affect the timeline and cost.

3. Phased Workflow and Workload Allocation

• Phased Delivery: All services are executed through structured phases: Setup, Execution, and Optimization. Delivery pace is governed by workload and project readiness, not arbitrary deadlines.

• Workload Table: Workload units are estimated in Table 01 and used to calculate scope, effort, and cost.

4. Retainer Terms

• Amount & Use: The client agrees to pay a retainer as defined in the service order. The retainer secures delivery timelines and internal capacity. It is used as a credit against future invoices.

• Top-Up Policy: The retainer must be topped up every 3 months or when it falls below 10% of the original amount.

• Refunds: Retainer funds are fully refundable upon cancellation (before services begin) or upon successful project completion, subject to reconciliation of costs.

5. Financial Terms

• Progress Invoicing: Invoices are issued monthly on the 15th for the previous month's work based on the workload table.

• Prompt Payment Discount: Invoices paid in full within 3 business days of receipt may be eligible for up to 10% discount, unless deducted from the retainer.

• Additional Charges: Additional work beyond scope will be invoiced separately.

• Late Payments: Delayed payments may lead to withheld services, suspension of work, or interest charges.

6. Discontinuation of Service

• We reserve the right to pause or terminate services if payment terms are not honored or if the client requests work that is illegal, unethical, or in violation of Pollux's standards. In such cases, any unused retainer balance may be forfeited.

7. Intellectual Property Rights

• All intellectual property (IP), including tools, templates, workflows, frameworks, or strategy models created by Pollux, remain the sole property of Pollux unless otherwise agreed in writing.

• Clients are granted a license to use provided materials solely within their business.

• Reuse, resale, or redistribution outside of your own organization is strictly prohibited.

8. Confidentiality

• Both parties agree to treat all shared business data, materials, and communications as confidential.

• Neither party shall disclose confidential information to third parties without prior written consent.

9. Limitation of Liability

• Pollux shall not be held liable for any indirect, incidental, or consequential damages arising from the services provided.

• Our total liability is limited to the total amount paid by the client under the applicable service order.

10. Termination

• Either party may terminate the agreement with 14 days' written notice if the other party materially breaches the agreement and fails to cure such breach.

• Upon termination, all outstanding invoices become immediately due.

11. Dispute Resolution

• Any disputes will first be addressed through good-faith discussions.

• If unresolved, disputes will be submitted to arbitration in Ontario, Canada, in accordance with the Arbitration Act.

• Each party shall bear its own legal costs unless stated otherwise by the arbitrator.

12. Governing Law

• This agreement is governed by the laws of Ontario, Canada. Any legal action must be filed within this jurisdiction.

13. Updates and Revisions

• Pollux reserves the right to update these Terms at any time. The latest version will be posted at www.gopollux.com/terms. Your continued engagement with our services implies acceptance of any updates.

For legal inquiries, contact us at trust@gopollux.com

To request a terms and conditions version dated before May 01, 2025, please email your contract number to trust@gopollux.com and receive a copy of your terms and conditions