These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Lishy Consulting LLC, a New Mexico Limited Liability Company ("Company," "we," "us," or "our"), governing your access to and use of our website at lishytechconsulting.com and our professional services.
By accessing our website, submitting an inquiry, or entering into a service agreement with us, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use our website or services.
Lishy Consulting LLC provides technology consulting and software development services including, but not limited to:
All services are subject to availability and are provided on a project or retainer basis as agreed in a written service agreement or proposal. We reserve the right to decline any project at our sole discretion.
All project engagements require a written agreement (proposal, statement of work, or contract) signed by both parties before work commences. The written agreement will specify project scope, deliverables, timeline, pricing, and payment schedule.
Work performed is limited to the scope defined in the project agreement. Any requests for work outside the agreed scope ("scope creep") will require a written change order and may result in additional charges and timeline adjustments.
You agree to:
Delays caused by failure to meet client responsibilities may result in timeline extensions and additional charges.
Project fees are as specified in the applicable proposal or service agreement. Standard payment terms are:
Invoices not paid within the agreed timeframe may incur a late fee of 1.5% per month on the outstanding balance. We reserve the right to suspend work on any project where payment is overdue by more than 15 days.
Deposits are non-refundable once work has commenced. For milestone-based projects, completed milestones that have been approved are non-refundable. Disputes regarding work quality must be raised within 14 days of delivery.
All fees are exclusive of applicable taxes. You are responsible for any sales, use, or other taxes applicable to services rendered in your jurisdiction.
Upon receipt of full payment for a project, Lishy Consulting LLC assigns to you all rights, title, and interest in the custom work product created specifically for your project, including source code, design assets, and documentation.
We retain ownership of:
Where third-party open-source components are used, those remain subject to their respective licenses.
Unless you request otherwise in writing, we reserve the right to reference your project in our portfolio, case studies, and marketing materials (without disclosing confidential information).
Both parties agree to maintain the confidentiality of proprietary information shared during the engagement. "Confidential Information" includes business plans, technical specifications, financial data, customer information, and any other information designated as confidential.
Confidentiality obligations do not apply to information that:
We are happy to sign a mutual Non-Disclosure Agreement (NDA) before any substantive project discussions. Please request one at hello@lishytechconsulting.com.
We warrant that:
Technology products involve inherent risks. We are not responsible for issues arising from third-party platform changes, hosting environments, or circumstances outside our control after project handoff.
To the fullest extent permitted by applicable law, Lishy Consulting LLC's total liability to you for any claim arising out of or related to these Terms or our services shall not exceed the total fees paid by you to us in the three (3) months preceding the claim.
In no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of business, or reputational harm, even if we have been advised of the possibility of such damages.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you in full.
You may terminate a project engagement by providing written notice. You will be responsible for payment of all work completed up to the termination date, plus any non-cancellable third-party costs incurred on your behalf.
We may terminate or suspend services immediately upon written notice if:
Upon termination, all amounts owed become immediately due. We will deliver all completed work product upon receipt of payment for work performed.
You agree not to use our website or services to:
We reserve the right to refuse service to anyone who violates these standards.
These Terms shall be governed by and construed in accordance with the laws of the State of New Mexico, United States of America, without regard to its conflict of law provisions.
Any legal action or proceeding arising out of or related to these Terms shall be brought exclusively in the state or federal courts located in Bernalillo County, New Mexico, and you consent to personal jurisdiction in such courts.
Before initiating any formal legal proceeding, both parties agree to attempt to resolve disputes informally by contacting us at hello@lishytechconsulting.com with a description of the dispute and desired resolution. We will attempt to respond within 10 business days.
If informal resolution is unsuccessful within 30 days, disputes shall be resolved through binding arbitration in Albuquerque, New Mexico, in accordance with the American Arbitration Association's Commercial Arbitration Rules. Either party may seek injunctive relief in a court of competent jurisdiction to prevent irreparable harm pending arbitration.
We reserve the right to modify these Terms at any time. We will indicate the date of the most recent update at the top of this page. Material changes will be communicated to active clients via email.
Your continued use of our website or services after any changes constitutes acceptance of the updated Terms. We encourage you to review these Terms periodically.
For questions about these Terms of Service, or to request a project agreement or NDA, please contact us: