Terms of Service

§01Scope & acceptance

By accessing acerti.com or interacting with us through the site (contact forms, role applications, downloads), you agree to these Terms of Service. If you do not agree, please do not use the site.

For paying clients, services are governed by a signed Master Services Agreement (MSA) and any associated Statements of Work (SOWs). In any conflict between these Terms and a signed agreement, the signed agreement controls.

§02Who we are

“Acerti”, “we”, “us” refer to Acerti Consulting Group, LLC, a Delaware limited liability company, together with its LATAM subsidiaries that employ our consulting workforce.

“You” refers to the individual or organisation using the site or communicating with us.

§03Services

Acerti is a consulting firm delivering enterprise software development, ERP implementation and support, AI call center, IT services, and related delivery models to clients in the United States and Canada.

Descriptions of our practice areas on the site (Software Development, ERP, CRM, AI Call Center, IT Operations, BPO, IoT, eCommerce) are general overviews. The exact scope, deliverables, timelines, acceptance criteria, and pricing for any engagement are defined in the SOW signed for that engagement.

§04Client engagements

Before any engagement begins, we sign:

• A mutual Non-Disclosure Agreement (NDA)
• A Master Services Agreement (MSA) setting out the commercial framework
• A Statement of Work (SOW) for each project, defining scope, fees, schedule, and acceptance
• Where applicable, our Data Processing Addendum (DPA) for engagements that process personal data subject to GDPR, CCPA, Quebec Law 25, or similar regulations

All commercial agreements are with the Acerti US entity. You invoice and pay one US legal entity, regardless of where in LATAM the consulting team is located.

§05Acceptable use of the site

You agree not to:

• Scrape, harvest, or systematically extract content without our written consent
• Reverse-engineer, decompile, or interfere with the site or its infrastructure
• Use the site to send unsolicited communications to us or to other recipients
• Attempt to access non-public areas, data, or accounts
• Use the site or its content for any unlawful purpose
• Submit malware, exploits, or content that infringes any third-party rights

§06Intellectual property

Our content

acerti.com, our brand assets (including the Acerti name and logo), copy, photography, illustrations, code, and the overall design are owned by Acerti or licensed to us. You may view and share links to the site, but you may not copy, republish, or use our brand assets without written permission.

Work product under an engagement

All deliverables created for a client under an MSA/SOW are assigned to the client on payment, per the IP-assignment terms in those contracts. Acerti retains rights only to pre-existing IP, generic know-how, and tools we use across engagements.

§07Your submissions

When you send us a message, an application, or other content through the site, you confirm that you have the right to do so and that the content does not infringe any third-party rights. We will handle your submission in line with our Privacy Policy. We will not use the content of a job application to train AI models.

§08Third-party links and content

The site may link to third-party websites, articles, or tools. Those resources are not under our control, and we are not responsible for their content, accuracy, privacy practices, or availability. Linking does not imply endorsement.

§09Disclaimers

The site is provided “as is” and “as available”. To the maximum extent permitted by law, Acerti disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

Content on the site is for informational purposes only and is not legal, tax, regulatory, or other professional advice. You should not act on any content without consulting a qualified professional.

§10Limitation of liability

To the maximum extent permitted by law, Acerti will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or relating to your use of the site — including lost profits, lost revenue, lost data, or business interruption — even if we were advised of the possibility.

Our aggregate liability for any claim arising out of or relating to your use of the site is limited to USD 100. Liability under a signed engagement contract is governed by that contract.

Some jurisdictions do not allow the exclusion or limitation of certain damages; in those cases, the limitations above apply only to the extent permitted by law.

§11Indemnification

You agree to defend, indemnify, and hold harmless Acerti and its officers, directors, employees, contractors, and affiliates from any claim, demand, loss, or expense (including reasonable attorneys’ fees) arising out of your breach of these Terms, your misuse of the site, or your infringement of any third-party right.

§12Termination

We may suspend or terminate your access to the site at any time if we believe you have breached these Terms or applicable law. The sections of these Terms that by their nature should survive termination — including IP, disclaimers, limitation of liability, indemnification, and governing law — will survive.

§13Governing law and disputes

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-laws principles.

Any dispute arising out of or relating to these Terms or your use of the site that cannot be resolved through good-faith discussion within 60 days will be submitted to binding arbitration seated in Wilmington, Delaware, under the Commercial Arbitration Rules of the American Arbitration Association (AAA). Each party will bear its own costs. Nothing in this section limits either party’s right to seek injunctive relief in a court of competent jurisdiction to protect intellectual property or confidential information.

§14Changes to these Terms

We may update these Terms from time to time. Material changes are flagged at the top of the page and take effect 30 days after posting. Continued use of the site after that date constitutes acceptance of the updated Terms.

§15Contact