Last updated: (November 1st, 2023)

1. Use of Our Website
You may use our website to explore information about DataClear Consult, our services, expertise, and industries.

2. Booking a Free Consultation
Interested clients may use our website to book a free consultation with us.

3. Scope of Services:
DataClear Consult provides the followingservices: Data Engineering, Data Analytics, Machine Learning, Natural Language Processing, Computer Vision, Chatbot Development, Generative AI, Data Visualization, Data Cleaning / Wrangling, and Web Scraping and Automation, Data Migration, and IT Services. DataClear Consult is not responsible for misinformation from the clients that results in unfavorable business decisions. DataClear Consult will not participate in illegal mining or web scraping of data that is not in accordance with government laws and provisions. DataClear Consult will not participate in the use of data obtained through breach of privacy or without the owner's consent.

4. Confidentiality:
DataClear Consult is responsible for protecting the confidentiality of client’s data and other access given to their systems. DataClear Consult’s Quality and Assurance unit shall work in compliance with necessary regulation bodies within the state.

5. Intellectual Property:
The content, trademarks, logos, and other intellectual property found on this website are the property of DataClear Consult and are protected by copyright and other laws.

5.1. Client-Generated Materials:

Ownership of any materials, documents, or solutions generated by our consulting services, which are based on the client's existing materials or proprietary information, belongs to both parties (DataClear Consult and the Client). This includes any customized solutions, reports, or documents created specifically for the client's use.

5.2. DataClear Consult’s Innovations:

While the client will own the deliverables directly related to their project, it's important to clarify that DataClear Consult may have certain pre-existing ideas, methodologies, novelties, or innovations that are used during the engagement. These pre-existing elements remain the intellectual property of DataClear Consult.

6. Privacy and Data Collection:
We collect and process personal data as described in our Privacy Policy.

7. Termination:
We collect and process personal data as described in our Privacy Policy. We reserve the right to terminate access to the Service for any user who violates these Terms or engages in abusive or inappropriate behavior.

8. Limitation of Liability:
At DataClear Consult, we believe in transparent and open communication with our clients. While we aim to deliver the best possible services, it's important to understand the limitations of our liability. Please read this section carefully:

8.1. No Guaranteed Outcomes:

We are committed to providing high-quality services, but we cannot guarantee specific results. The success of a project depends on various factors, including client collaboration, industry conditions, and external influences.

8.2. Third-Party Services:

We may recommend or utilize third-party services, tools, or software to enhance our services. Please note that these third-party resources are subject to their terms and conditions, and we cannot be held responsible for any issues arising from their use.

8.3. Indirect Damages :

We are not liable for indirect, consequential, or incidental damages. This includes, but is not limited to, loss of data, loss of profits, or other financial or non-financial losses.

8.4. Liability Cap:

Our total liability, under any circumstances, is limited to the fees paid for the services provided. This limitation applies to all claims, including contract breaches, negligence, or any other cause of action.

8.5. Legal Compliance:

DataClear Consult and the client are both responsible for ensuring that our services, recommendations, or deliverables comply with applicable laws, regulations, and industry standards. Our compliance team will work in collaboration of the team to make sure we comply with the applicable laws and bodies of the state. We are not liable for legal consequences resulting from non-compliance attributable to acts or omissions of third parties.

8.6. Client Obligations:

We value a collaborative approach. To ensure the best outcomes, clients must fulfill their obligations as outlined in our agreements or project proposals. Failure to do so may affect the project's success, and we will work closely with you to address any issues.

8.7. Dispute Resolution:

In the event of a dispute, our aim is to maintain open communication. We encourage negotiation and mediation to resolve disputes amicably before pursuing legal action.

8.8. Governing Law :

These Terms and Conditions are governed by the laws of Nigeria, and any legal disputes will be resolved in the appropriate courts of the Federal Republic of Nigeria. In this case, to the extent possible in the applicable jurisdiction, you agree that the courts of the Federal Republic of Nigeria will have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms and conditions. Our intention is not to create unnecessary legal barriers but to ensure that both parties understand their rights and responsibilities. If you have any questions or concerns about this section, please don't hesitate to contact us at support@dataclearconsult.com.

9. Termination
We believe in clear and fair terms for both parties. In the unlikely event that either party needs to terminate the consulting agreement, the following conditions will apply:

9.1. Termination by Client:

If a client wishes to terminate the agreement, they must provide written notice to DataClear Consult. The notice period is 10 - 20 days. This allows both parties to wrap up ongoing work effectively.

9.2. Termination by DataClear Consult:

We are committed to delivering the highest level of service. However, if we need to terminate the agreement, we will provide between 10-20 days written notice period to the client. This will allow the client to make alternative arrangements.

9.3. Immediate Termination :

Termination may be immediate in cases of a material breach of the agreement by either party. This includes issues such as non-payment, failure to meet obligations, or violations of the terms set forth in these Terms and Conditions.

9.4. Financial Settlement :

Upon termination, the client will be responsible for any outstanding fees or costs related to the services provided up to the termination date.

9.5. Return of Property:

Upon termination, both parties agree to promptly return any property or materials belonging to the other party.

9.6. Survival of Terms:

The termination of the consulting agreement shall not affect any terms or conditions that, by their nature, should survive termination, including but not limited to confidentiality and intellectual property provisions.

9.7. Dispute Resolution:

In the event of any dispute regarding termination, both parties agree to engage in open communication and, if necessary, mediation to resolve the issues amicably. Our objective is to ensure a smooth transition in case of termination and maintain the principles of fairness and transparency. If you have any questions or require further clarification regarding this section, please contact us at support@dataclearconsult.com.

10. Governing Law and Jurisdiction:
Irrespective of your geographical location, if you use our content, services or visit our website, then these terms and conditions will be subject to the laws of the Federal Republic of Nigeria. In this case, to the extent possible in the applicable jurisdiction, you agree that the courts of the Federal Republic of Nigeria will have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms and conditions.

11. Miscellaneous Provisions:
In addition to the foregoing sections, this Consulting Agreement includes the following miscellaneous provisions:

11.1. Force Majeure:

Neither party shall be held liable for any delay or failure in performance of any part of this agreement to the extent such delay or failure is caused by fire, flood, explosion, war, strike, embargo, governmental requirement, civil or military authority, act of God, or other similar causes beyond their control and without the fault or negligence of the party.

11.2. Severability:

If any provision of this agreement is found to be unenforceable or invalid under applicable law, that unenforceability or invalidity shall not render this agreement unenforceable or invalid, and such provisions shall be deleted without affecting the remaining provisions.

11.3. Governing Law:

This agreement is governed by and shall be construed in accordance with the laws of the Federal Republic of Nigeria.

11.4. Waiver of Contractual Right:

The failure of either party to enforce any provision of this agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this agreement.

11.5. Amendments:

This agreement may only be amended in writing, and it would be updated on the T&C Page on our website here. Please ensure you read the updated T&C before proceeding to usage of any of our services or enter a contract with us.

12. Links to Other Websites:
Our Service may contain links to third-party websites or services. We are not responsible for the content or practices of any third-party websites.

13. Contact Us
If you have any questions about these Terms, please contact us at support@dataclearconsult.com.